Your SlideShare is downloading. ×
0
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Red, white, constitution 7 first ministers' conferences
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Red, white, constitution 7 first ministers' conferences

546

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
546
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • \n
  • Transcript

    • 1. 1966
    • 2. Hawthorne Report 1966Integration or assimilation are not objectives which anyone else can properly holdfor the Indian.
    • 3. Hawthorne report 1966The efforts of the Indian Affairs Branch should be concentrated on a series ofspecific middle range objectives, such as increasing their real income, and adding totheir life expectancy. 3
    • 4. Hawthorne Report 1966 Indians should be regarded as “Citizens Plus”.Ins addition to the normal rights and duties of citizenship, Indians possess certainadditional rights as charter members of the Canadian community. 4
    • 5. Since the revisions of 1951, the Indian Act has continued to undergo changes, bothin terms of its underlying philosophy and its specific provisions. 5
    • 6. From the 1950’s onward, Aboriginal policy in Canada enteredinto a complex period. 6
    • 7. On the one hand, there still remained the traditional philosophy ofassimilation, which encouraged Aboriginals to leave behind theirIndian status and integrate into the broader Canadian society.In contrast to this, however, were new approaches to Aboriginalpolicy, based on the desire of Aboriginal groups to assume controlover their own communities,as well as new ideas derived from the international indigenousmovements of the time. 7
    • 8. Central to this new approach was the view of Aboriginal groupsas distinct nations, which were entitled to political, social andeconomic self determination. 8
    • 9. This period of complexity is evident in the range of actual andproposed amendments that occurred to the Indian Act between1952-1985.For example, in 1960, Aboriginals received the right to votefederally without having to give up Indian status.In 1961 the compulsory enfranchisement provisions wereremoved from the Indian Act, meaning that Aboriginals could nolonger be forced to give up their Indian Status. 9
    • 10. In 1969, however, the federal government introduced the 1969 WhitePaper on Aboriginal affairs.This strategy paper proposed the abolition of the Indian Act altogether,the rejection of land claims, and the assimilation of Aboriginals intoCanadian society (with the status of an ethnic minority, as opposed tobeing a distinct national-cultural group).Strong Aboriginal and non-Aboriginal criticism of the 1969 White Papereventually led the federal government to back away from this position. 10
    • 11. The White Paper on Indian Policy was in reality a comprehensiveland claim policy drafted by the Canadian Federal Government in1969.It was a complete rejection of the former approaches taken by thefederal Government in regard to Indian policy and it proposed toabolish the Indian Act, and dismantle the Indian Affairs branch ofGovernment within a five year period 11
    • 12. The policy was aimed at assimilating Aboriginal affairs into themainstream. 12
    • 13. It rejected land claims as being incapable of remedy, and treatiesas regressive & argued that provisions of services for Indiansshould be provided through regular provincial agencies ratherthan specialised bodies. 13
    • 14. 1973
    • 15. 1973In the Supreme Court of Canada decision, Calder v. AttorneyGeneral of British Columbia, 1973, native title was reaffirmed atcommon law.And, in response, the Federal Government issued a Statement onAboriginal Claims which declared its willingness to negotiate ontraditional interests in land, in August that same year, 1973. 15
    • 16. The release of the White Paper on federal Indian policy in 1969generated a storm of protest from Aboriginal people, who stronglydenounced its main terms and assumptions 16
    • 17. It left in its wake a legacy of bitterness at the betrayal of theconsultation process and suspicion that its proposals wouldgradually be implemented. 17
    • 18. oHowever, it also served to strengthen the resolve of Aboriginalorganizations to work together for a changed relationship.It marked the beginning of a new phase in Aboriginal/non-Aboriginal relations. 18
    • 19. 1968 ConsultationsAs Minister of indian Affairs, Jean Chretien conductedconsultations with First Nation Leaders on changes to the IndianAct.Across the country a consistent message was delivered by FirstNations Leadership to the Department of indian Affairs, whichwas to recognize Aboriginal and Treaty Rights. 19
    • 20. 1969
    • 21. The White paper came shortly after Pierre Trudeau’s firstelection victory as leader of the federal Liberal party. It cameafter his successful 1968 campaigning.He campaigned for a “Just society.”
    • 22. The release of the White Paper on federal Indian policy in1969 generated a storm of protest from Aboriginal people whostrongly denounced its terms.
    • 23. Harold Cardinal, then president of the Indian Association ofAlberta, responded with what became known as the ‘redpaper’; in which he described how Indian peoples, as peopleswith distinct cultures, wished to contribute to Canadiansociety while at the same time exercising political andeconomic power at the community level. The Red Papermovement gave birth to the first cross-canada politicalorganization of indian people, the National IndianBrotherhoodIt left in its wake a legacy of bitterness at the betrayal of theconsultation process & suspicion that its proposal wouldgradually be implemented.
    • 24. oThe federal response to the consultations was to introduce a“White Paper on Indian Policy”.Key Elements in the 1969 White Paper PolicyEliminate the legislative and constitutional recognition of IndianstatusAbolish Indian Reserves & impose taxationDismantle TreatiesOff-load federal Indian programs & services onto provinces,municipalities and First Nation communitiesEntrench economic underdevelopment 24
    • 25. It is clear that most indian claims are not simple issues ofcontractual dispute to be resolved through conventionalmethods of adjudication. They are the most visible part of themuch, much more complex question of the relationshipbetween the original inhabitants of this land, and the powerfulunlawful cultures/forces that moved in on them. 25
    • 26. That the past relationship has been unsatisfactory for bothAboriginal people and mainstream Canada cannot be indispute. There are too many well-documented cases whereCanada failed to live up to obligations that were presumablyentered into in good faith, and which Indians accepted withequal or greater faith. 26
    • 27. Even though the White Paper issues dove tailed into the theconstitutional discussions (among federal and provincialgovernments) these were 2 very separate paths.Regarding constitutional discussions - the main issues were thedivision of powers between fed & provincial, regional issues,reforms, official language issues, the Charter of Rights andFreedoms and an amending formula - to make any furtherchanges to the constitution. 27
    • 28. In Canada, Aboriginal people were becoming more aware oftheir legal rights during this period. The landmark SupremeCourt case, Calder in 1973, led the federal government toestablish its first land claims policy, directed to settlingcomprehensive claims ‘of Aboriginal groups that retained theright to traditional use and occupancy of their lands.’The policy was very tricky as the federal government insistedon extinguishment of their resource rights rights in order tohave the settlement. It was also tricky because the federalgovernment wanted to separate negotiations about the landfrom negotiations about self-government. The topic of self-government emerged high on the list of priorities forAboriginal people by the late 1970s. However - only 2 claimswere negotiated 1975/James Bay & 1978 Northeastern Quebec. 28
    • 29. Support for Aboriginal people grew. Organizations such as theCanadian Association for the Support of Native People &Project North with Christian churches pressed government onAboriginal rights to land and self determination. 29
    • 30. It was at this point that Aboriginal peoples and theConstitution began to be linked. They had tried many avenuesto effect change - with no results.They made a clear decision now to aim at ConstitutionalReform! 30
    • 31. Their first opportunity came in 1978. In the aftermath of theelection of the first Parti Quebecois government, in Quebec,when the federal government introduced its proposal forconstitutional reform - entitled A Time For Action & thecompanion legislation Bill C-30 there was for the first time adraft of the charter of rights and freedoms. It included aprovisions to shield certain Aboriginal rights from the generalapplication of the individual rights clauses in the Charter.The federal government ha had discussion with FN leadersabout this “to discuss issues to be placed on the first minister’sconstitutional agenda, including a commitment to invitenational Aboriginal leaders to attend the negotiating seesionson topics that directly affected them.” 31
    • 32. 1. Victory of the feralists in the Quebec referndum in 1980(re:sovereignty)2. Failure of a First Minister’s Conference on the Constitutionlater in 1980.3. Government decided, okay, I’ll act unilaterally to patriateand amend the constitution!(Trudeau)4. 1981 revised federal proposal after discussions withAboriginal leaders.5. 8 provincial governments said no to the proposals, as didAboriginal leaders.Chiefs even travelled to England to haveTreaty rights reaffirmed. They filed a lawsuit in England “LordDenning of the English Court of Appeal stated that Canadahad an obligation to fulfil the treaties made in the name of thecrown.6. Provinces who opposed the feds policy also launchedlawsuits.7. In 1981 the Supreme Court of canada made a ruling on theconstitutional case, and this is what forced the First Minister’s 32
    • 33. Thus the first conference was in November of 1981. Thatconference produced a draft constitution supported by 9provinces and the feds. Quebec withheld its consent. Tis istaccord 9no name) had a Glaring omission - the Aboriginalrights provision discussed earlier with Joe Clark had beenremoved! (?????Time Frame google)Just like the White Paper this sent shock ways through tehaboriginal leaders who galvanized coast to coast. They wantedthe Aboriginal rights reinserted. 33
    • 34. This time they had an ally. Cnadian women who wereconcerned that the sexual equality rights of the charter mightbe impaired too by this legislative override provision - betterknown as the ‘notwithstanding clause’.So, the 2 groups pledged to work together and support oneanother.They won.The notwithstanding clause would not apply to section 28; thesexual equality provision of the charter, and the aboriginal andtreaty rights provisions were reinstated (how did they read????)However, this tie they had the word ‘Existing’ placed in frontof them. (This was because of the lack of knowledge ofAboriginal matters among the federal and provincialgovernments 7 the legal uncertainty in this area of Aboriginalrights.) 34
    • 35. The Constitution oAct, 1982 was proclaimed on 17 April 1982.Section 25 statedSection 35 StatedSection 37 Stated 35
    • 36. Section 35 provided for:1. A single constitutional conference, which was held in 1980 to identify and definethose ‘Existing’ Aboriginal rights.2. The participation of Aboriginal leaders and territorial leaders at this conference.This conference was televised live, and the hopes and dreams of Aboriginal peoplewere brought to viewers across Canada. Aboriginal culture was seen (“given a placeof respect”) - opening prayers, drumming in, the passing of the great pipe of peace.For the first time since confederation Aboriginals sat at the table as ‘equals’ with theother Ministers. But they were only tolerated participants.The conference was noteworthy. It resulted in the first and only) amendment to theconstitution. (go to binder)Also, there was a Proclamation made that a formal First Minister’s Conferencewould be held, with the participation of Aboriginal peoples, before their would beany constitutional amendments made that would directly affect or impactAboriginal people.Also Section 37 was added. 36
    • 37. Section 37: 37
    • 38. 38
    • 39. 1970
    • 40. oBeginning in the early 1970’s however, in the midst of theTrudeau era, a drastic measure was sought by the government ofCanada. Trudeau and his colleagues wanted to see theconstitution patriated in Canada and ties cut with Britain.Initiatives were taken which would allow this to happen.However, these initiatives would involve the Aboriginal people ofCanada. 40
    • 41. 1970’s Trudeau & ChretienIn response to the White Paper on Indian Policy First Nationsorganized opposition by forming associations at regional andnational levels. The National Indian Brotherhood was formed.First Nations organizations issued their own position Papers inresponse to the White paper including the Red Paper prepared bythe Indians of Alberta Association and these were presented to thefederal government. 41
    • 42. 1973
    • 43. oIn 1973, the Supreme Court of Canada in the landmark Calderdecision - regarding the Nisga’a in British Columbia - issued asplit decision on whether Aboriginal Title existed in Canada ornot, this caused legal uncertainty for the Crown governments inCanada.The federal response of then Prime Minister Trudeau, and hisindian Affairs Minister Jean Chretien, was to announce modernland claims policies for negotiations with First Nations. 43
    • 44. o1980Then prime Minister, Pierre Trudeau, met in Ottawa with Chiefsfrom across Canada at a National Indian Brotherhood meeting toannounce his plans to amend the Constitution.He called on their support.Trudeau implored the Chiefs to ‘treat Canada better than Canadahas treated you”. 44
    • 45. 1980
    • 46. Prime Minister Trudeau appointed Jean Chretien as federalJustice Minister and put him in charge of the Constitutionalnegotiation process. Ron Irwin, who would later becomeChretiens Minister of Indian Affairs in 1993, is named by Trudeauas Chretiens Parliamentary Secretary for Justice. 46
    • 47. As a consequence of Trudeau’s actions, constitutional issuesbecome the priority for the NIB because of concerns aboutimpacts on Treaty and Aboriginal Rights of Changing Canada’slegal status with England. 47
    • 48. 1981
    • 49. 1980-81 Trudeau and ChretienAfter Trudeau announced his constitutional plans, Indian Inuit &Metis representatives began meeting federal & provincialrepresentatives to discuss wording for recognition of Aboriginaland Treaty rights in the new constitution. 49
    • 50. In 1981, a clause recognizing Aboriginal rights was first insertedinto the draft of the Canadian Constitution and then removed atthe insistence of western Premiers form Alberta andSaskatchewan.Aboriginal peoples responded to the removal of the Aboriginalconstitutional clause by mobilizing & literally camping in Ottawato protest and lobby federal politicians.A train dubbed the Constitutional Express left vancouver, BC onroute to Ottawa, picked up First nations people along the routeadding to the demonstrators in Ottawa. 50
    • 51. 1981 Patriation ProcessIn the fall, some Aboriginal representatives reached an agreementwith the Premiers the and Prime Minister Trudeau concerningwording for an Aboriginal Clause.This was to be Section 35. 51
    • 52. Another clause section 37 was also included, which provided fora First Ministers Conference to be held within 1 year of theCanada Bill (as it was called in England while coming into force).
    • 53. Several First Nation organizations joined forces to go to Englandto launch a court action and lobby British MP’s to vote againstthe Canada Bill until First Nations legal Constitutional concernswere addressed by the Crown governments, including the Crownin Right of Great Britain (Canadian Crown Representatives). 53
    • 54. 1982
    • 55. Constitution Act, 1982Canada’s new constitution was proclaimed into law on April 17,1982, with a specific clause for protecting the Rights ofAboriginal peoples...Section 35 provided:(1) The existing aboriginal and treaty rights of the aboriginalpeoples of canada are hereby recognized and affirmed. (2) In thisAct, aboriginal peoples of Canada includes the Indian, Inuit andMetis peoples of Canada.
    • 56. The Constitution Act,1982, Section 37 also provided for a FirstMinisters’ Conference on Aboriginal Matters to be held withinone year of the new constitution becoming law. 56
    • 57. In 1982, a Special Parliamentary Committee on Indian Self-Government was established to review legal and institutionalissues related to status, development and responsibilities of bandgovernments on Reserves. 57
    • 58. 1983
    • 59. 1983 Self-Government Report/Penner ReportIn 1983, the all-party Special Parliamentary Committee on IndianSelf-Government, issued the Penner Report.The committee recommended that the federal governmentrecognize First Nations as a distinct order of government withinthe Canadian federation and pursue processes leading to self-government.The Penner report proposed constitutional entrenchment of self-government and in the short-term, the introduction of legislationto facilitate it. 59
    • 60. 1983 First Ministers’ Conference, Trudeau & ChretienThe 1983 First Ministers’ Conference focused on sexual equalitybetween Aboriginal men and women, self-government, as well as theneed for further constitutional conferences.A constitutional amendment was agreed to in accord with the newconstitutional amending formula.The 1983 constitutional amendment provided for amendments to section35 - regarding recognition of rights from land claims agreements set outan agenda and a schedule for 3 more First Ministers Conferences onAboriginal Matters, while agreeing to include Aboriginalrepresentatives. 60
    • 61. 1983 amendments to section 35 ... include the following clauses √(3) For greater certainty, in subsection (1) “treaty rights” includesrights that now exist by way of land claims agreements or may be soacquired. (4) Notwithstanding any other provision of this Act, theaboriginal and treaty rights referred to in subsection (1) areguaranteed equally to male and female persons.35.1 The government of Canada and the Provincial governments arecommitted to the principle that, before any amendment is made toClass 24 of section 91 of the constitution act, 1867, to section 25 ofthis act, or to this Part, (a) a constitutional conference that includesin its agenda an item relating to the proposed amendment, composedof the Prime Minister of Canada and the first ministers of theprovinces, will be convened by the prime Minister of canada, and (b)The Prime Minister of Canada will invite representatives of theAboriginal peoples of Canada to participate in the discussions onthat item. 61
    • 62. 1984
    • 63. 1984 First Ministers Conference Trudeau & ChretienPrior to the 1984 First Ministers’ Conference Trudeau took hisfamous “walk in the snow” and announced his retirement frompolitics. This changed the federal-provincial dynamics of theFMC. The Premiers knew there was going to be a LiberalLeadership Convention to replace Trudeau as leader of theLiberal Party of Canada.
    • 64. oThe main topic of discussion turned to whether the right of self-government for Aboriginal peoples is contingent - meaningdelegated versus inherent.A federal-provincial proposed Constitutional Accord on theRights of Aboriginal Peoples was rejected by the Four NationalAboriginal Organizations. 64
    • 65. 1985
    • 66. 1985 The Mulroney Years 66
    • 67. another collection of White Paper info 67
    • 68. oThe historical precedence for the Canadian Constitution 1982came in the year 1867 with the introduction of the British NorthAmerica Act.This Act established Canada as a separate, but not totallysovereign nation.It established the institution of government, the House ofCommons, the Senate, the provincial legislatures, and the officesof Governor General and Lieutenant -Governor.It set the basis of the judicial system and establihed the rulesgoverning election or appointment to the various positions orinstitutions.It divided the responsibilities and law making powers between thefederal and provincial levels of government. 68
    • 69. oSection 91(24) of the BNA ACT made the Federal Governmentresponsible for “Indians and lands reserved for Indians” Byvirtue of this section the Federal Government legislated andconsolidated all laws affecting Indians into the Indian Act of1876. This section also recognized that the primary responsibilityfor Indians (unlike ordinary citizens) rested with the federal levelof government. 69
    • 70. oAlthought the British North America Act sat in place of theCanadian Constitution, other factors such as statutes haveinfluence it, as well as been influenced by it. 70
    • 71. oThe BNA Act, it must be remembered, has been the meanswhereby, for decades, the British Parliament has ruled the landsof Canada. 71
    • 72. The BNA Act, then is a legal document which has been the mostrepresentative piece of colonial policy ever in effect in Canada. 72
    • 73. Initiatives:in 1972 a Joint Committee of the Senate and the House ofCommons released a report on the Constitution. This committeemade several recommendations and observations, several ofwhich pertained directly to the native people. 73
    • 74. 1. It noted that no constitutional changes concerning Nativepeoples should be made until such time as their ownorganizations would complete research into the question of Treatyand Aboriginal Rights in Canada. 74
    • 75. o2. It noted that the new constitution should include a preamblewhich affirmed the special place of native peoples, including theMetis, in Canadian life. 75
    • 76. o3. It directed that provincial governments should, where thepopulation was sufficient, consider recognizing Indian languagesas regional languages. 76
    • 77. o4. It suggested that no jurisdictional changes should be made inadministrative arrangements concerning indians and Inuitwithout consultation.In other words, then, Aboriginal peoples in Canada were to begiven the right to help shape the directives of the new CanadianConstitution.It seemed that they would be allowed representation. 77
    • 78. (1980??)ALTHOUGH THESE WERE VERY NOBLE SENTIMENTS,THIS CONSTITUTIONAL INITIATIVE, LIKE MOST IN THEPAST, ENDED IN FAILURE.IN OCTOBER 1980, A CONFERENCE WAS HELDBETWEEN THE PROVINCIAL AND FEDERAL LEVELS OFGOVERNMENT.NO ABORIGINAL REPRESENTATION WAS ALLOWED.DURING THIS MEETING THE FEDERAL ANDPROVINCIAL GOVERNMENTS COULD NOT REACH ANAGREEMENT ON THE PATRIATION OF THECONSTITUTION.TRUDEAU PROCLAIMED THAT THE FEDERAL
    • 79. OIN SEPTEMBER 1981, THE SUPREME COURT OFCANDA RULED THAT THE CONSTITUTION CONTAINEDBOTH WRITTEN AND UNWRITTEN, TRADITIONAL ANDCONVENTIONAL PROHIBITIONS AGAINST UNILATERALFEDERAL ACTION ON MATTERS OF VITAL PROVINCIALIMPORTANCE. THERE HAD TO BE FEDERALPROVINCIAL CONSENSUS ON THE CONSTITUTIONALPATRIATION PROCESS!
    • 80. THE FAILED CONFERENCE OF 1980IN THE FAILED CONFERENCE OF 1980 PRIMEMINISTER TRUDEAU HAD REJECTED THE 1972 JOINTCOMMITTEE RECOMMENDATION REGARDINGABORIGINAL PEOPLE.
    • 81. OA CONSTITUTIONAL CONFERENCE FOR FIRSTMINISTERS WAS TO BE HELD NOVEMBER 1981. AT THISCONFERENCE A FEDERAL PROVINCIAL ACCORD WASREACHED!!IN RETURN FOR ALLOWING 3 PROVINCES TO OPT OUTOF FUTURE AMENDMENTS, THE PROVINCES AGREEDTO INSERT THE CHARTER OF RIGHTS AND FREEDOMS.A FORMULA WAS AGREED UPON WHEREBY THESENATE AND COMMONS, WITH THE SUPPORT OF 2/3OF THE PROVINCES REPRESENTING 50% OF THEPOPULATION, COULD AMEND THE CONSTITUTION.AT THIS CONFERENCE THE CLAUSE THATRECOGNIZED AND AFFIRMED ABORIGINAL ANDTREATY RIGHTS WAS DROPPED!!THE PRIME MINISTER AND THE PROVINCIAL
    • 82. oIndians raised a storm of protest on this calulated move of the 2levels of government to arbitrarily end the constitutionalprotection of Indians. 82
    • 83. oPublic opinion firmly supported including constitutionalsafeguards for the Aboriginal peoples ...Therefore a new, watered down clause was to be inserted whichaffirmed and recognized “existing” Aboriginal and TreatyRights”. 83
    • 84. In response to this watered down clause, the Assembly of Firstnations and affiliated provincial and territorial organizationsstepped up their London Lobby in an effort to get the BritishParliament to insert stronger constitutional safeguards forAboriginal and treaty rights. - remember Indian treaty rights werenegotiated with the Crown, not with Canada. 84
    • 85. On June 25, 1969, Jean Chretien, then Cabinet Minister forIndian Affairs and Norther Development, tabled a governmentpolicy proposal entitled “A Statement of the Government ofCanada on Indian Policy”.This Document is commonly known as the White Paper. 85
    • 86. The document can be traced to the heady days of 1968 whenPierre Trudeau, the major proponent of the White Paper, waselected as Prime Minister of Canada. 86
    • 87. oThe themes od Trudeau’s election campaign & indeed the personhistory of the man centered upon “justice’ and the “just society.’Individualism and the protection of individual rights lay at thebasis of this orientation. 87
    • 88. To Trudeau, justice and equality for Indians (Trudeau style) wouldmena an emphasis upon the individual equality of indianCanadians - at the expense of their legal status. 88
    • 89. The policy was composed of 6 points which the federal government felt would end the“Indian Problem” within a few years.1. The legislative and constitutional basis of discrimination must be removed.2. There must be positive recognition by everyone of the unique contribution of Indianculture to Canadian society.3.Services must come through the same channels and from the same governmentagencies for all Canadians.4. Those who are furthest behind must be helped the most5. Lawful obligations must be recognized Control of Indian lands must be transferred toIndian people. 89
    • 90. All in all, the White Paper of 1969 was an attempt by the Federalgovernment to abandon its legal and moral obligations to theIndian.The Federal government blatantly advocated the termination ofthe legal recognition of Indians in the hope that Indians wouldassimilate gracefully into the dominant society through short-termeconomic aid. 90
    • 91. oMoney may be the root of all evil, but it is also a majorconsideration whenever life’s toughest decisions have to be made.In the case of the White Paper and the Federal Government’sgoals, by transferring responsibility for Indians to the provinces,the Federal Government hoped that it could avoid potentiallycostly land claim settlements and future claims for Aboriginal andfull treaty rights. 91

    ×