Aboriginal Self Government Library of Parliament a.Aboriginal Approaches to Self Government b.Evolution of Federal Policy c.Constitutional Change d.Current Federal Approach e.Self Government Arrangements f.Other Developments

a.Three Aboriginal Approaches to Self Government 1. Self Government as an “inherent right” 2. Self government achieved through constitutional, legislative and policy initiatives 3. Self Government as the right to ‘self- determination’ – universal human rights A pre-existing right which derives from long occupation and use prior to European settlers Status Indians have increased local control under the Indian Act Self government as an inherent right recognized by the United Nations Charter

b.The Evolution of Federal Policy Legislated self government agreements  1867, s. 91(24) Constitution Act, 1867  Pre-1950s – government policies aimed for assimilation  1950s – transfer of Indian Affairs programs to bands and provinces began  1970s – drive for Aboriginal self government gained momentum  1983 – Penner Report recommended Federal Government recognize First Nations as a distinct order of government  Post-1983 – constitutional issues dominated discussions of Aboriginal self government  1985 – Federal Government adopted ‘two-track’ approach: (i) constitutional negotiations; (ii) community based negotiations with Indian bands, leading to increased band control and decision- making and through legislated self government agreements provide more community government than was possible under the Indian Act. Comprehensive land claim agreements  Since 1973, another avenue for developing self- government arrangements  Claims based on traditional use and occupancy and ‘un-extinguished’ aboriginal title (i.e. not dealt with by treaty or “superseded by law”

c.Constitutional Change (Demands from Aboriginal organizations led to ‘recognition and affirmation’ of existing Aboriginal and treaty rights in the Constitution Act, 1982)  Four constitutional conferences were held between 1983 and 1987 to attempt to further define those rights.  First amendments were agreed to at the 1983 conference: recognition of rights arising from land claim agreements; commitment to include Aboriginal peoples in conferences dealing with their rights.  In subsequent conferences Aboriginal self government emerged as the dominant issue; however, without a clear understanding of the meaning of self government parties failed to reach an agreement.  As part of the 1992 Charlottetown Accord, which was defeated in a national referendum in October, it was agreed that the inherent right to self government would be recognized.

d.The Current Federal Approach features both: (i) negotiations on comprehensive self government agreements with First Nations; and, (ii) incremental steps towards self government through transfer of authority in such areas as education and First Nations financing. Stages of the Federal Approach: i.Response to the Report of the Royal Commission on Aboriginal Peoples ii.Self-Government Policy iii.Manitoba Dismantling iv.Sectoral (incremental) Initiatives

e.Self Government Arrangements: Over the last two decades, several self government have been developed, both in conjunction with land claim settlements and independent of them. i.James Bay and Northern Quebec Agreement ii.Sechelt Indian Band iii.Yukon First Nations iv.Nunavut v.The Nisga’s Final Agreement

f.Other Developments British Columbia Treaty Process Saskatchewan Treaty Commissioner International Issues