In some areas, legislation to implement the current federal proposal may positively affect the rights and interests of off reserve Aboriginal people. In the conduct of elections on reserve, the following are some of the issues already identified by the CAP constituency in previous consultations

The federal proposal suggests that many, if not all, of these issues will be addressed by its legislative proposals (either in the Act itself or regulations made under it). 

An important concern for the Congress of Aboriginal Peoples is the suggestion that distinctions can be made between the scope of voting rights extended to on reserve Band Members versus off reserve Band Members. The Congress of Aboriginal Peoples has taken the position in previous consultations that off reserve Band Members should have the same scope of voting rights as on reserve Band Members.

The federal government has suggested it may legally define the term "First Nations" in the new legislation. This is likely to be a very controversial proposal. There is no indication the federal government is considering legislation that would recognize new political units based on how Aboriginal people wish to organize themselves. It may be that the government is considering a new legal status for Indian Act Bands and wishes to replace the term "Bands" with "First Nations" in the new legislation. This would not be in the interests of the Aboriginal people on or off reserve as it would interfere again with our right to define ourselves.

The proposed federal governance initiative ignores several equality rights issues affecting key parts of the Indian Act apart from the election provisions. The initiative does not address the problem of how the Indian Act uses concepts of race rather than political and cultural identities as the basis of legal recognition.

The federal proposals will likely include several measures to encourage fair and open decision-making by reserve based governments. Such measures could include making these governments subject to federal access to information requirements, conflict of interest requirements and other controls that other governments in Canada are normally made subject to. Many of these proposals could be in the interests of off reserve Band Members who often have difficulty getting information about and participating in decisions made by on reserve governments. Until legislation is tabled however, it is difficult to assess these proposals properly.

It appears that several Indian Act issues of key concern to off reserve Aboriginal people are not addressed by the current federal proposals. For example, it would not address equality rights issues in regard to Indian status and band membership. The FNGI would not correct federal interference in key matters of cultural and political identity. In this regard, the FNGI is not consistent with the direction of recommendations of the Royal Commission on Aboriginal Peoples.

CAP Off-Reserve Issues

The Congress of Aboriginal Peoples wants to bring the following issues and concerns to the attention of off reserve Aboriginal people:
 

• the narrow scope of the proposed reforms, and the unilateral decisions made by the government about the scope of this legislative initiative.

• "Governance" is related to self-government. Any genuine reform effort must begin with an acknowledgement of our inherent right of self-government and the equal rights of all Aboriginal people. Legislative reform initiatives should be based explicitly on these fundamental principles rather than perpetuating colonial and outdated legal concepts in the Indian Act.

• In past consultations, the CAP constituency has clearly said that the term "First Nations" can not be equated with Indian Act "Bands".  It is not the place of the federal government to define "First Nations". Options for recognizing First Nations as nations within Canada and the abolition of colonial Indian Act structures should be considered instead of more federally imposed definitions.

• The CAP constituency expects the federal government to correct the Indian Act provisions that interfere with Aboriginal identities and violate our fundamental human rights. Section 6 of the Indian Act which defines which individuals are "Indians" is a serious violation of individual equality rights and must be examined at the earliest opportunity. 

These are preliminary concerns and issues identified by the CAP leadership. The CAP national leadership and the CAP provincial and territorial organizations want to listen to the views and concerns of all off reserve Aboriginal people and will communicate the results of our consultations to the federal government and the Canadian public at every opportunity possible.  Please let us know your views by filling out and sending in the questionnaire on the following pages.