Aboriginal Affairs
A Commitment Worth Preserving: Reviving the British Columbia Treaty Process
Date: 2012
Chair: Hon. Gerry St. Germain, PC (BC)
Deputy Chair: Hon. Lillian Eva Dyck (SK)
Downloads: Click here
Summary:
Unlike the rest of Canada, very few treaties were signed with First Nations in BC. The British Columbia Treaty Commission (BCTC) was therefore established twenty years ago (in 1992) to facilitate agreements with First Nation communities in that province, of which there are 232, according to the FNBC portal. Two treaties have been finalized since the BCTC was formed; another 49 negotiating tables (covering about two-thirds of the First Nations population) have completed various stages of the six step process.
The Senate Committee on Aboriginal Affairs examined obstacles that have caused delay in finalizing treaties in BC. The Committee made three main recommendations:
* give federal negotiators more authority to engage in open, genuine
and interest-based negotiations;
* determine what First Nations need to resolve overlapping claims
between First Nations within the BC treaty process; and
* give the BCTC adequate resources to assist First Nations with
resolution of their overlapping claims.
The Committee concluded by urging the federal government and other participants in the treaty process to “give further consideration to the provision of institutional supports to assist treaty parties in implementation and management of the treaty relationship."
Impact:
The Vancouver Sun noted that the Committee’s findings echoed those of similar reports previously provided to the Minister. The First Nations Summit welcomed the Committee’s report and called upon the Prime Minister “to fully embrace and immediately take steps to implement” it, while the BC Treaty Commission also applauded the report.
Reforming First Nations Education: From Crisis to Hope
Date: 2011
Chair: Hon. Gerry St. Germain (BC)
Deputy Chair: Hon. Lillian Eva Dyck (SK)
Downloads: Click here
Summary:
The Senate Committee on Aboriginal Peoples examined the status of First Nations schools on reserve. It made four recommendations:
* adopt a First Nations Education Act in order to “explicitly recognize
the authority of First Nations for on-reserve elementary and
secondary education”;
* use the Act to secure stable, multi-year funding from the
Consolidated Revenue Fund;
* develop a Canada-First Nations Action Plan in consultation with
First Nations; and
* establish a joint task force to oversee and monitor progress on
First Nation educational reform.
The Committee concluded by saying: “It is time to move from the current ad hoc, non-system of First Nations control for education and toward First Nations’ full legal responsibility for a comprehensive system of elementary and secondary on-reserve education. We believe that the goals of improving education must include reversing the dependency inherently built into the Indian Act, and ensuring the long-term self-reliance of First Nations. A properly resourced First Nations-run education system could pave the way towards academic success and the cultural renewal necessary to lead First Nations out of dependence toward the full partnership that the treaties guarantee.”
Impact:
The Assembly of First Nations called the report “an important contribution by the Senate committee to our Call to Action on First Nations education. They have acknowledged that fundamental, systemic change is required to replace an antiquated system of isolated and improperly resourced First Nations schools with the necessary organizational infrastructure needed for a 21st Century school system.” The Globe and Mail remarked that the report may lead to establishing First Nations school boards. On December 11, 2012, the federal government announced the start of consultations to draft and pass a First Nations Education Act.
First Nations Elections: The Choice is Inherently Theirs
Date: 2010
Chair: Hon. Gerry St. Germain (BC)
Deputy Chair: Hon. Lillian Eva Dyck (SK)
Downloads: Click here
Summary:
The Senate committee examined common concerns regarding how the Indian Act’s electoral regime has been counterproductive to effective governance. For example, the Act requires elections every two years and the appeal process is cumbersome. In addition, elections themselves are said to lack transparency, disregard procedural fairness, and restrict opportunities for community participation and decision-making.
The committee strongly recommended that more control over the design and execution of leadership selection be given to First Nations communities. Furthermore, it endorsed calls to replace the current regime with traditional systems of self-governance, which would in turn create meaningful governance, culturally appropriate institutions and effective community accountability.
Impact:
The Atlantic Policy Congress of First Nation Chiefs Secretariat agreed with and summarized the findings of the First Nations Elections: The Choice is Inherently Theirs report in its May 2010 newsletter. However, the Frontier Centre for Public Policy, an independent Canadian think tank, criticized the report for not showing enough depth of research and argued that many First Nation communities are already designing their own codes of practice for elections. On October 1, 2010, the federal government announced that the Assembly of Manitoba Chiefs and the Atlantic Policy Congress of First Nation Chiefs will launch a series of discussions across Canada. The government introduced Bill S-6, the First Nations Elections Act, on December 6, 2011.
Honouring the Spirit of Modern Treaties: Closing the Loopholes
Date: 2008
Chair: Hon. Gerry St. Germain (BC)
Deputy Chair: Hon. Nick Sibbeston (NWT)
Downloads: Click here
Summary:
"There are deep structural reasons for the government's failure to make measurable and meaningful progress on issues affecting Aboriginal Canadians. We believe much of this failure rests with the institutional role and mandate of the Department of Indian Affairs and Northern Development Canada (DIAND), a department which is steeped in a legacy of colonialism and paternalism."
So saying, the Aboriginal Affairs Committee proceeded to castigate the federal government for the way it currently implements the 20 comprehensive land claims agreements signed between 1978 and 2008 (see list in Appendix A of the report). In particular, the Committee strongly recommended that DIAND
* abandon its practice of systematically refusing arbitration; and
* in collaboration with the Land Claims Agreements Coalition,
take immediate steps to
~ develop a new national land claims implementation policy
based on principles endorsed by members of the Coalition
(set out in Appendix B of the report), and
~ legislate an independent body (a Modern Treaty Commission)
to oversee implementation matters, including financial obli-
gations.
Impact:
The Land Claims Agreements Coalition applauded "this insightful and constructive report." Meanwhile, DIAND and the Treasury Board Secretariat have agreed to streamline access to claims implementation funding, but as yet details are unclear. The Committee has asked that new guidelines be tabled with it by March 31, 2009.
Safe Drinking Water for First Nations
Date: 2007
Chair: Hon. Gerry St. Germain (BC)
Deputy Chair: Hon. Nick Sibbeston (NWT)
Downloads: Click here
Summary:
The Committee examined delivery of safe drinking water on reserve, heard testimony from a number of witnesses and reviewed several studies. In particular, three recent reports were reviewed:
1. November 2006, Report of the Expert Panel on Safe Drinking
Water for First Nations;
2. 2005 Report of the Commissioner of the Environment and
Sustainable Development, Drinking Water in First Nations
Communities; and
3. Department of Indian Affairs and Northern Development's Plan of
Action to address drinking water concerns in First Nations'
communities.
The report states that "sustained investment in the capacity of First Nations community water systems and those running the systems is absolutely essential to ensure First Nations people on-reserve enjoy safe drinking water." It recommends an independent needs assessment, legislation and funding to address the needs on an urgent basis.
Impact:
According to the Minister of Indian Affairs, the number of high risk First Nations water systems has declined from 193 to 85. Budget 2008 pledged $330 million over two years to improve access to safe drinking water in First Nations communities, almost double the number of trainers to increase capacity, and consultations with First Nations and provincial and territorial governments to develop a regulatory regime to oversee water quality on reserve.
Sharing Canada’s Prosperity - A Hand Up, Not a Hand Out
Date: 2007
Chair: Hon. Gerry St. Germain (BC)
Deputy Chair: Hon. Nick Sibbeston (NWT)
Downloads: Click here
Summary:
Subtitled Special Study on the involvement of Aboriginal communities and businesses in economic development activities in Canada, the report investigates elements that enable Aboriginal communities and businesses to succeed and obstacles that deter their achievement in all areas of the economy. Elements include (but are not limited to) large-scale industrial developments such as pipelines; non-renewable resource developments in oil, gas and mining; renewable resource development; tourism; and business services.
The report concludes that Aboriginal peoples in Canada view economic development as fundamental to reshaping their social outcomes and are asking that it be afforded much greater priority, including the establishment of a central Aboriginal economic development agency. The report identifies some basic elements for success: stable leadership and vision; appropriate interplay between politics and business; legitimacy of economic activities to the community; strategic use of available resources; qualified labour pools; and willingness to form partnerships with other Aboriginal communities and with the private sector.
Impact:
The Assembly of First Nations (AFN) has identified the Senate's report as being supportive of its resource revenue sharing goals, as has the BC First Nations in its 2007 Economic Development Strategy. The report has also generated favourable commentary across a range of media, including mainstream outlets such as the Globe and Mail and First Nations networks such as KNet.
Negotiation or Confrontation: It’s Canada’s Choice
Date: 2006
Chair: Hon. Gerry St. Germain (BC)
Deputy Chair: Hon. Nick Sibbeston (NWT)
Downloads: Click here
Summary:
The frustration and anger felt by many Aboriginals regarding the government’s slow progress in settling specific claims is documented in this report. Specific claims -- many of which date back 70, 100 or 200 years – arose when Canada and its agents failed to live up to their responsibilities in connection with First Nations’ lands, monies and assets. As the Committee stated, “Close to 900 claims sit in the backlog. Things are getting worse rather than better. First Nations have been patient – incredibly patient – but their patience is wearing thin.” The report recommends taking action by
Impact:
The government announced reforms to the specific claims process on June 12, 2007. Bill C-30 was passed in the House of Commons on April 14, 2008 and in the Senate two months later. It created a new Specific Claims Tribunal staffed with impartial judges. In addition, new guidelines have been prepared in conjunction with the Assembly of First Nations. Although increased funding for settlements ($250 million a year for 10 years) was also promised in 2007, only 9 additional claims totaling approximately $21 million were settled between June 12 and December 31, 2007.
On-Reserve Matrimonial Real Property: Still Waiting
Date: 2004
Chair: Hon. Raynell Andreychuk (SK)
Deputy Chair: Hon. Landon Pearson (ON)
Downloads: Click here
Summary:
A follow-up study to the Committee’s 2003 study, A Hard Bed to Lie in: Matrimonial Real Property on Reserve (see below), the report highlights what action must be taken before this issue is resolved. A further, brief report was issued to the Senate on May 10, 2005, urging immediate action.
Impact:
On March 8, 2008, the government introduced legislation (Bill C-47) to resolve the issue of matrimonial real property on reserves. The government also announced $56 million in funding, in part to construct five new women’s shelters in Quebec, Northern Ontario, Manitoba, Alberta and British Columbia.
A Hard Bed to Lie In: Matrimonial Real Property on Reserve
Date: 2003 (Interim)
Chair: Hon. Shirley Maheu (QC)
Deputy Chair: Hon. Eileen Rossiter (PEI)
Downloads: Click here
Summary:
The deplorable conditions under which on-reserve First Nations women and their children often live are highlighted. Work that must be done to rectify the situation, particularly where no federal or provincial law applies, is outlined. The report strongly recommends that consultations and proposals for legislative change be undertaken in a timely manner, and that First Nations women’s groups be included in the consultation process.
Impact:
A follow-up report demanded, and ultimately led to, government action. (See above, On-Reserve Matrimonial Real Property: Still Waiting).
Urban Aboriginal Youth: An Action Plan for Change
Date: 2003
Chair: Hon. Thelma Chalifoux (AB)
Deputy Chair: Hon. Janis Johnson (MB)
Downloads: Click here
Summary:
The Committee aimed to formulate a detailed and concrete plan of action to support the social, cultural and economic well being of urban Aboriginal youth, and to develop a strategy for reform that is proactive, positive and forward-looking. The report makes 19 recommendations under the broad subject areas of policy and jurisdiction, program and service delivery, partnerships, and urban aboriginal youth initiatives. The report particularly calls on the federal government to remove artificial status-based restrictions so that all Aboriginal youth are eligible for post-secondary assistance.
The report also highlights the need for transition services to help youth adjust to city life; measures to address elevated school drop-out rates; community-based programs that promote sound parenting skills; long-term, strategic approaches for labour-market readiness; and several other initiatives to create positive and proactive supports for urban Aboriginal youth.
The report concludes that the current federal approach to Aboriginal policy no longer mirrors the geographic reality of Aboriginal peoples – two-thirds of whom today live off-reserve – and argued for fundamental change. It calls on the government to recognize mobility rights of Aboriginal peoples when they leave their reserves. It also recommends entering into formal negotiations with the Métis peoples of Canada to recognize and clarify their rights.
Impact:
An article on December 30, 2003 in the Edmonton Sun featured the Senate's report ("City’s No Nirvana for Aboriginal Refugees").
Forging New Relationships: Aboriginal Governance in Canada
Date: 2000
Chair: Hon. Charlie Watt (QC)
Deputy Chair: Hon. Janis Johnson (MB)
Downloads: Click here
Summary:
Proposals respecting Aboriginal governance which had been presented as a working paper to the 1996 Royal Commission Report on Aboriginal Peoples (Sessional Paper 2/35-508.) were reviewed. In particular, the Senate’s report recommends:
• new structural relationships between Aboriginal Peoples and
federal, provincial and municipal levels of government, and
between the various Aboriginal communities themselves;
• several mechanisms of implementing such new structural
relationships; and
• models of Aboriginal self-government required to respond to the
needs of Aboriginal Peoples and to complement the new structural
relationships.
Impact:
The government introduced Bill C-7, the First Nations Governance Act, in 2003. It was widely criticized. KAIROS: Canadian Ecumenical Justice Initiatives condemned Bill C-7 for being "contrary to the recommendations of the Royal Commission on Aboriginal Peoples, the 1983 Commons Committee on First Nations Self-Government (Penner), and the 2000 Senate Committee Report, Forging New Relationships." Bill C-7 proceeded through committee stage in the House of Commons but was dropped from the government's agenda when Paul Martin became Prime Minister.
