INSIDE THIS WEEK This week Windsp an indepth look at First Ministers Co 's See Pages 4 thron Aborlulnal Groups demand seut-uouernr ISSUE SPLITS TALKS OTTAWA ONTARIO - The Aboriginal leaders' This Live -year contitutional amendment was rejected unanimously by all Aboriginal groups and the premiers of British Columbia, Alberta, hopes for an entrenchment of their `inherent' right Saskatchewan, Newfoundland and Quebec (Quebec's representative, to self -government at the First Ministers Confer- Gil Millard, Intergovernmental Affairs Minister, attended the talks as an ence on Constitutional Matters vanished as the observer). To couple this veto, the Native groups themselves refused to talks collapsed on the second day, March 27. compromise their `inherent' right to self -government. The Aboriginal leaders were adamant in their demand for some The political aspirations and hopes of the Native groups to have the guarantee of enforceable right to self -government and were not willing `inherent' right, rather than the `contingent' right to self -government to accept watered -down principles that would jeopardize `inherent' enshrined in the Constitution evaporated when the federal draft failed rights to self -government. to gain support from the western premiers and Native groups. Jim Sinclair, president of the Association of Metis and Non- Status In a last bid attempt to appease the hard -line premiers (Peckford, Indians of Saskatchewan, put it very clearly during an interview with Newfoundland; Devine, Saskatchewan; Getty, Alberta; and Vander CBC, "we cannot accept watered -down drafts. As you put it, if the Zalm, British Columbia) and the Native leaders, Prime Minister Brian glass of wine is watered -down too much, you cannot taste the wine," Mulroney proposed a middle -of- the -road contitutional package that said Sinclair. failed to gain support behind a close door session. When it was evident that the federal draft was rejected, Mulroney The federal draft was offered by Prime Minister Mulroney when it blamed some provinces that "have started to go backwards. We had became evident that the Ontario and New Brunswick amendments seven provinces on side in 1985 and they will have to accept their share were rejected by the three western premiers on the first day of the of blame for the failure," he said. conference. He expressed "disappointment" and "regret" that his commitment The federal draft amendment proposed by Mulroney outlined to resolve the Aboriginal right to self -government was unfruitful and provisions for recognition and entrenchment of a Native right "to said, "the price of our failure will be paid by those least able to pay" and self -government within the context of Conferation;" and it also would whose right to self -government is not protected. have enshrined a constitutional criterion for parliament and the The Prime Minister assured the Native leaders that the constitutional provinces to negotiate Native governments. amendment process is not a dead issue, "as sure as spring follows This particular federal draft offered a constitutional process that summer" there will be continous discussions and the door is open. would have paved the way for involvement of the provinces and Brian Mulroney blamed some provinces for the failure, "because the parliament to define the Aboriginal right to self -government and it will was not there." would have included provisions facilitating judicial interpretations if the (By Laurent Roy, freelance journalist on location.) issue of self -government was taken to court by Aboriginal peoples. It also included a provision for a review of the constitutional process For complete coverage of the First Ministers Conference, on self -government after a period of 10 years. See Pages 4 through 11. PAGE 2, April 3, 1987, WDHDgPBASER National Courtoreille taking feds to court By Bernard Pilon and federal funds. Hc notified Ottawa that action immediately said Fort McMurray Today Weir said an amendment he and 17 family members Courtorielle. "They're to the deal automatically were opting out of the trying to scare us out of An architect of the multi- binds Courtoreille and his package, claiming changes this." million dollar land claim party to the results - since made to the document But Weir said he doubted settlement in Fort Chip - the application for land in since he stepped down as that the supreme court ewyan, last December, severalty was not filed until chief, ignored central would agree to hear the plans to go to the supreme seven months after the points in earlier negotiations, case until lower courts have court of Canada to hammer band accepted the deal. the special clause in treaty handed down a decision. out his own deal. "The negotiations were 8, band members can apply "All parties would have Lawrence Courtoreille, on the basis that...everyone for land apart from an to agree that the (Court - former Chief of the 1,190 is part of the negotiations," established reserve. orielle claim) is a key to member Ft. Chipewyan says Weir. The 1899 document case to get leave to appeal Cree Band plans to launch The only federally stipulates that in such cases directly to the supreme a case against Ottawa, in an recognized exception, he the federal government court," he said. land must lay aside 160 acres or attempt to force the federal says, is the separate "But I don't think the government, to settle his claim filed in 1981, by 65 hectare's of land, for supreme court would to live land claim. another Cree band member, those who wish apart entertain it, unless it goes Courtoreille, now one of Gordon Denoid. from the reserve. through the normal pro- three vice presidents of the Denoid's application for "I haven't heard a thing cess." Indian Association of 480 acres of land on behalf from them," said Court - Alberta (IAA), says he's fed of himself and two family orielle. Courtorielle says he now up with the Indian Northern members, stalled with The former chief says he expects the issue to drag Affairs refusal to recognize Alberta's refusal to grant has instructed two pro- through the courts for at his rights, under the 88 year him the land he wants in an minent land claims lawyers, least two years. old treaty 8, "so it looks like unspecified area, north of James O'Reilly and Kenneth "This is not between me we are going to court," McMurray. Sparoszik, to petition the and the band," he said. Courtoreille said from his For Courtoreille to Supreme Court of Canada "The federal government Edmonton office on March succeed, he said he would for leave to hear the case. has a responsibility to LAWRENCE COURTORIELLE 31. have to fight a previously "We're going to start uphold." ...fed up' "I think once we file you'll undisclosed indemnity see a change in attitude clause that would limit his from (the federal govern- choice of land from the nine report. It's the third time in the last five years, they ment)." parcels given to the Fort said, that an official inquiry has found that the In a telephone interview Chipewyan Cree band in Goverment has failed to honour its agreements with from his Ottawa office the the December 1986 deal. them. senior Native plans negoti- Courtoreille has said he It's not unusual in situations like this for the ator for Indian Affairs, wants land apart from the Government of Canada to take a long time to make its reaffirmed the government's reserve and cash compens- OTTAWA reply. (For example, the government took nine months position that Courtoreille, ation. REPORT to respond to the report of the land claims commission is legally bound by the Ft. "The question is, was the headed by Murray Coolican.) In this case, though, Chipewyan deal. agreement in place at the Minister of Indian Affairs Bill McKnight took just two Robert Weir said the referendum...they're saying By Owenadeka days to reply. He rejected the conclusions and justice department feels the it was," said Courtoreille, recommendations in the report. What's more, he was Courtoreille claim has no "Yet later they say the almost as critical of the commission as it was of him. legal basis. revision (indemnity clause) The Crees of northern Quebec have given Ottawa He issued his own list of complaints: that the The dispute revolves wasn't in place until 31 million reasons to be upset. That's the size of the commission made factual errors; that it ignored major around an April 1986, December. That puts lawsuit they've filed against the federal Government. financing increases; that it ignored Indian referendum by Cree band (Indian Affairs Minister Mr. The Crees have gone to the Federal Court of Canada responsibilities for some of the problems; that it wasn't members which saw 95% of Bill McKnight's) whole to force Ottawa to honour a three -year -old financing doing its job; and that it sometimes didn't know what it all ballots end up in favour position in jeopardy. agreement. was talking about. of a proposed settlement. Courtorielle and Ottawa That prompted the Crees to fire back with even The agreement gave the have been at loggerheads The lawsuit, however, is more than a financial dollar more complaints. They accused McKnight of using band, located on the since the former chief argument involving 9,200 Indians in northern Quebec innuendo to discredit the commission and attack its western tip of Lake publically declared in because it could affect the rights of Native people credibility. They also said he shamefully and flagrantly Athabasca, 225 km north of January that he wasn't across the country - no matter how it ends. abused his power when he rejected the commission Fort McMurray, more than happy with the Fort In August, 1984, the Crees negotiated and signed a report - a commission that was established by 1200 acres of reserve land Chipewyan Cree band financing agreement with the Liberal government that federal law to correct the problems related to Cree and 26.6 million in provincial settlement.