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BACKGROUND INFORMATION
The Royal Commission on Aboriginal Peoples
ROUND TABLE ON ABORIGINAL JUSTICE
Ottawa, November 25-27, 1992,,
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MS 316D (11.83) Briefing Book Background Information Relevant to the Royal Commission on Aboriginal Peoples Round Table on Justice Issues November 25-27, 1992
Ériine Minister's Native Agenda Speech of September 25, 1990.
2. Prime Minister's Speech of -April 23, 1991 announcing a Royal Commission on aboriginal issues.
3. Report of the Former Chief Justice Brian Dickson, August 2, 1991.
4. Opening Remarks by the Minister of Justice to the Standing Committee on Justice and the Solicitor General May 12, 1992. Pages 5 and 6 set out the Government's position with respect to a separate aboriginal justice system.
5. Press Release announcing the establishment of the Royal Commission on Aboriginal Peoples.
6. Order-in-Council and Terms of Reference of the Royal Commission on Aboriginal . Peoples.
7. Press Release launching the first round of hearings of the Royal Commission on Aboriginal Peoples.
8. Opening statements at the launch of the first round of public hearings of the Royal Commission on Aboriginal Peoples, Apri1,21, 1992.
9. Briefing Note outlining hearings of theiRoyal,OzinimisSipn on Aboriginal Peoples during which policing, corrections or parole issues weié'râised.1`
10. DSG Briefing Note for the Solicitor /General summarizing the first round (if hearings of the Royal Commission on Aboriginal peoples.
11 Discussion Paper 1, Framing the Issues, Royal'Commission 6itAboriginal Peoples.
12. Public Hearings, Overview of the First Round, Royal Commission on Aboriginal
13. A Commentary The Right of Aboriginal Self-Government and the Constitution, Royal , C9MMiS§1M ori Abdriginal 14. Selected transcripts of Commissioner Bertha Wilson's comments on the justice system during the first round of hearings.
15. Press Release announcing the second round of he,arings of the Royal Commission on Aboriginal Peoples.
16. Background Paper prepared for the Royal Commission on Aboriginal Peoples describing the structure of the Ministry and common elements of aboriginal policing,' corrections and parole programming, Ministry Secretariat, September 1992.
17. Draft agenda for the Round Table on Justice.
18. List of individuals invited to attend the Round Table on Justice.
19. Extracts from the Inquiries Act.
20. Notes on the Responsibilities of Public Servants in Relation to Parliamentary Committees, PCO, December 1990.
21. Other materials available on request or available at a later date.
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°Het of the Cebimet Prime beater Premier miniSlre
{ANIL •*
NOTES FOR AN ADDRESS
TO THE HOUSE OF COMMONS
BY
PRIME MINISTER BRIAN MULRONEY
ON THE HOUSE RESOLUTION WITH RESPECT TO OKA
SEPTEMBER 25, 1990
CHECK AGAINST DELIVERY) o Since July, television has been bringing into Canadian homes alien i ag of barricades and masks and assault rifles. A dispute that began in Oka over land wa hijacked by a group of heavily armed people, motivated by ideology and seeking io protect illegal commerce. Their tactics have been the tactics of terrorists. High-powered weapons, threats against the authorities, trade in contraband goods, Intimidation of !ay.-abiding Mohawks, interruption of transportation, and destruction of property disqualified any claim the Warriors had to represent the grievances of law-abiding Indians. What is taking place at Oka is not civil disobedience; it is violent activity that no community should be expected to tolerate. • The 'ostensible reason for the conflict at Oka was long ago removed veil( in July, we acquired the disputed land for the Mohawks of Kanesatake. This step, incidentally, is in keeping with the goals of the framework agreement concluded a yez •ago this month between the Mohawks ofKanesatake, the tov.Pn of Oka and the feden and provincial governments, an agreement repudiafid In March by the Mohawks. What has been at issue these past weeks, then, is not the land. Rather, the Warriors, advised by foreign legal counsel, have been seeking,recognition that the communities are independent, that the laws of Canada do not apply to their lands an to their activities, which include smuggling and gambling. They have sought by vét means to circumvent the Canadian justice system.
The Warriors' demands are not simply ideas on which reasonable pcopl can disagree u. or simply agree to disagree. They strike at the heart of what Canada all about. The Warriors have been acting as if the concept of native self-government means national independence. _ - I will be very clear'On this point. Native self-government does not now and cannot ever mean sovereign independence. Mohawk lands are part of Canadian territory -- and Canadian law must and does apply. Everyone in Canada, *warriors" included, is subject to the Criminal Code of Canada. If exceptions to the Criminal Co( were made on the basis of colour, race or creed, where could the line be drawn in a country as diverse as Canada? What could be more repugnant in a democracy than a legal system based on birth rather than equality?
There are many non-violent avenues -- political and judicial — open 10 people in this country to promote change. The Warriors have opted for firearms violence, instead. Two Mohawks were killed in a dispute over gambling at the Akwesasne reserve last Spring. Corporal Marcel Lemay of the Silreté du Québec killed in the police assault on the barricades last July. These are the consequences when people .decide that the law does not apply to them. • • -2.
Conferring on the claims of the Warriors the legitimacy of the grievances of Canada's aboriginal peoples does the latter's cause an enormous disserrice. And glorifying violence and romanticising those who have recourse to it does democracy, itself, a terrible wrong. Masks and guns make compelling pictures -- and raise ratings and circulation. But they don't equate to noble purpose.
The armed forces have brought the barricades down and are gradually turning their responsibilities over to the SOreté du Québec: As this phase-out begins, I think all Members would agree that perhaps the most edifying aspect of this whole tragic episode has been the professionalism of the Canadian Armed Forces.
The Canadian Forces, from General de Chastelain to Lieutenant-General Foster to Brigadier-General Roy are to be commended for the level of professionalism that has been evident throughout. Lieutenant Colonel Robin Gagnon at Kahnawake, Major Alain Tremblay ai Oka, Private Petri* Cloutier — the Young soldier who stood his ground Coolly in a face to face challenge and all the other personnel of 5 Brigade showed great courage and almost superhuman self-control in the face of extraordinary provocation. They have earned Canadians' respect and gratitude for a difficult Job well done.
The hold-out warriors have retreated to a small piece of land around the Oka detoxification centre. There are no plans to attack the centre. No one is being interned there — least of all the innocent children who should be In school. They are welcome to leave at any time. The armed people behind the razor wire can either lay down their weapons and accept the offer of the Canadian Forces to be placed in custody. Or confine themselves in the detoxification centre Indefinitely. Either way, thc ultimate result will be the same — they will have to submit themselves to the Canadian criminal justice system. Members of this !louse have an opportunity, today, to speak with one voice in calling upon the Warriors to lay down their arms and submit themselves to the Canadian justice system. Once the guns are down, we will be in a position to hand the disputed land over to the people of Kanesatake. We will, also, be free to explore new ways to resolve their historical land claims. In the meantime, there Is much to do -- a rd many legitimate grievances to address — elsewhere in Canada.
Over the past year we have been quietly discussing an agenda with native leaders to address issues of concern to ail of Canada's native peoples. It Is time to begin to put this agenda Into operation. Canada's aboriginal peoples deserve a specat. place In this country as our first citizens, based on the aboriginal and treaty rights • recognized in the Constitution. Our agenda will be anchored In reality. It is no myth that native peoples have too often been treated insensitively, unfairly, and, al cimes, even Illegally, since the days the first Europeans set foot on this continent. Canadian history records that Indian decency was too often met with cynicism and that Indian generosity was too often repaid with exploitation.
The cultures of Canada's native peoples have been poorly understood and little valued. Many people still remember Indian children being punished at school for speaking their osvn languages. The first Canadians were denied freedom of speech in their own land. Thanks to the Indian Act of 1876, people who had never known national boundaries found they could not• leave their reserves without a pa.ss. Only in 1960 were Canada's Indians fUlly enfranchised -- by the Government of the Pt. 1-Ion. John Diefenbaker.
• The first Canadians were the last to get the vote. And, it is a further reality that contemporary Canadians do not need to scour their history books for examples of the racism, paternalism and dependency that have been so destructive of native peoples' welfare and self-respect. There is ample evidence that.things remain seriously wrong to this day: for example, and most recently the injustice done to Donald Marshall Jr., the Micmac from Nova Scotia. These failings sully our reputatio and stain our history.
If progress requires that we acknowledge historical realities, it also demands that we acknowledge contemporary realities as well. One of these realities is that Canada's aboriginal peoples benefit, as all Canadians benefit, from being part of a socially progressive and economically prosperous country. Canada's native people enjoy the same rights as all Canadians under the Constitution and they enjoy special rights available only to them.
In recent years, Canada's aboriginal peoples have made progress. Consider the following excerpts from a statement by Mr. Georges Erasmus, National Chief of the Assembly of First Nations in his annual report to his fellow chiefs meeting in Whitehorse this past May
"In the past twenty years, the landscape has changed a lot for us," said Mr Erasmus. I can sum It up by saying that we have taken a good deal of control over c- lives and affairs as First Nations persons. Just look at where we were in 1970: all funding was controlled by the federal government through the Department of Indian Affairs (DIAND);-now, 20 years later, we're managing the bulk of our finances.
In education, there's a tremendous number of schools now under our control; 20 years ago, either DIAND or the churches were in total charge. In 1970, didn't have as many as 1,000 post - secondary students; today, there are noarly 17,000' fact, our figures show 18,500). • • 4
On-reserve housing continues to be a major concern but even here there has also been improvement in the past couple of decades."
Chief Erasmus is right that despite the poverty that is ton prevalent on too nutny reserves, progress irbeing made. More than 30 percent of the current Indian housing stock ha s been built since 1984 and a further 35 percent has been extensively renovated since then.
'There has been progress in other spheres, as well. For example, in 1960, the life expectancy of status Indians was 60; by this year It had reached 70. In 1960, the infant mortality rate was 82 per thousand live births; by this year it had reached 13.
These figures are not as good as the comparable figures for non-native Canadians and they are not, therefore, good enough •• but they do illustrate that encouraging progress has been made. It is alto encotitaging .that while there were very few Indian•owned businesses on reserves in 1960, there are over 5000 of them today.
Progress by Canada's native peoples in persuading the courts to endorse their aboriginal rights to the land has also been substantial. In 1973, following the rejection by the native peoples of the then government's white paper, the Supreme • Court's "Calder" decision led to a re-evaluation of policy with respect to land claims. Substantial progress has been made since then, in resolving comprehensive land claims. 1 am referring to a series of agreements reached on claims with the Conse,I Attikamek-Montagnals in June 1988, with the Nisga'a Tribal Council in July 1989, with the Council of Yukon Indians ln March 1990, with the Dene-Métis In April 1990 (although some Dene have subsequently sought changes), and, with the Inuit of the Eastern Arctic in April 1990. The Arctic claims, if ratified by all concerned, will put 575,000 square kilometres of land firmly and irrevocably under Indian and Inuit ownership, and transfer more than $1.3 billion to them. Together, the land area pass.^.4 into Indian and Inuit ownership is more than the combined area of the four Atlantic provinces and will make the northern natives the largest landowners in North America So, progress is being made working within the law.
On the constitutional agenda, progress on aboriginal issues, as on othcr issues, has proved more difficult. Neither proposals the federal government made ui aboriginal self-government nor others made by provincial governments and aborivg. groups have been able to -attract sufficient support to result in a constitutional amendment. And This summer, the planned series of First Ministers' Conferences dedicated to matters of interest to aboriginal peoples died with the failure of the Mee. - Lake Accord. These setbacks aside, the Constitution, and the growing body of case la. based on it, have strengthened the rights of aboriginal Canadians, Nevertheless, no • II doubts that we still have a very lvg way to go. • 5 •
I would like to outline the course my government plans to follow to preserve the special place of our first citizen In this country, based on their aboriginal and treaty righu recognized in the Constitution. The agenda will have four main pillars: land claims; the economic and social conditions on reserves; the relationship between aboriginal peoples and governments; and, concerns of Canadas aboriginal peoples in contemporary Canadian life.
Consultation with aboriginal peoples and respect for the fiduciary responsibilities of the Crown toward them will be built into the process from the start. But we intend to go far beyond the status quo. On no Issue is action more urgent than on find claims. :1 We intend to take three parallel initiatives the first will be, to accelerate the settlement of "specific claims"; that is, those claims that result from past government non-performance or malfeasance with respect to existing treaties and to the Indian Act. We recognize that increased resources will he essential to mak e good un this undertaking and they will be provided, .• The second Initiative we will take is to ensure that the-legal undertakings. land transfers to treaty Indians, given as much as a century ego, will finally be regarding honoured. We have already reached agreement with the Government of Saskatchewan and with the Federation of Saskatchewan Indian Nations to begin negotiations. We re eager to initiate the same process in Alberta and Manitoba. • And, third, we will accelerate negotiations on modern treati the comprehensive claims, which until nOw have had to be 1 . . tiMe. Comprehensive claims are negotiated where aboriginal title has never been legally ceded to the Crown, thus clouding land title for natives and non-natives alike. Most of the outstanding claims are in British Columbia, In July, Premier Vander Zalm reversed a decades-old British Columbia policy — pursued both by NDP and Social Credit Governments opposing provincial participation in such claims negotiations. To accelerate claims settlements, the federal government will no longer limit itself to handling six claims at any one time. And we will consider other innovations such as regional or province-vfide negotiations. The jecond dimension_d_the_p_vernment's_igt enda_will be addressed to improving living conditions on Indian reserves. We are prepared to work Jointly with Indian leadership and provincial governments on a range of improvements in basic community programs and services, suchastv et. _and sewage facilities so urgently required in many areas adOSS Canada. We will expect those native communities the resources to take on increasing responsibility for financing enhanced services and economic development. • -6
Ensuring that all native Canadians have opportunities comparable to those of other Canadians to participate in the growth and prosperity of this country is not an easy task. Federal and provincial governments already spend far more money on native peoples' programs than any other country in the world — the federal budget alone is over $4 billion a year — and still terrible problems persist. Progress requires more than money. Progress will only be made if the degrading, antiquated and wasteful statutory relationship between Indian peoples and the government is changed. ehe Indian Act)s largely unchanged since the Victorian age. It fosters Indian depen nc'ye on thi state, frustrates Indian self-sufficiency and undermines Indian self-respect. It diminishes Indians and non-Indians alike. In the new year, building on work that is going on now with Indian leadership, we will bring in the first of many changes to the Indian Act. Consultation, and respect for the fiduciary responsibilities of the Crown toward aboriginal peoples, will be built into the process from the start. But we intend to go far beyond the status quo. • • The objective will be the enlargment of aboriginal Capacity for self- government, within the framework of the Canadian Constitution. While it is not perfect the Constitution is sufficiently flexible cd afford aboriginal peuple ample opportunity to develop their communities, enhance their social and education systems and build tlieir economies — in short, to live their lives according to their own cultures. F.or example, • thgovernment will find practical ways to ensure that aboriginal communities can exercise greater control over the administration of justice. Self-government can mean a new relationship between aboriginal and non- aboriginal Canadians based on human dignity, trust and respect, all within Canada's Constitution and protected by Canada's laws. Building such a relationship requires the understanding and support of all Canadians. That is why, later this fall, we intend, as part of a broader initiative on Canadian unity, to seek a thorough review of the fundamental place and role of aboriginal peoples in contemporary Canada.
The agenda I have outlined is very far-reaching. Itgoal Is to create s. new relationship hetween aboriginal and non-abori:inal Canadit . HIM - erFalbrity and perseverance. It will take courage tu see things as they are, honesty to acknowledge them for what they have become and the.conunon resolve to correct them for future generations. Most of all, it will take sustained and firm leadership on the part both of governments and of aboriginal peoples. But, with native and non-native Canadians working together, it can be done. And I give Canadians the assurance of the Government of Canada that every effort will be deployed to ensure that it will be de
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OfficecOMe Cabinet du Prime Minister Premier rninstre
CA AO&
NOTES FOR AN ADDRESS
BY
PRIME MINISTER BRIAN MULRONEY
• FIRST NATIONS CONGRESS
VICTORIA, BRITISH COLUMBIA
APRIL 23, 1991
• CI-TECK AGAINL3T DELIVERY .1m myn . .■.J1 I -4-immi m mu4.0U4 -1-rm 44 7: lO ■ 44
I was extremely pleased to receive Bill Wilson's Invitation to meet with you today") When r last met with some of you at Bill Wilson's invitation, it was, I W33 told, the first meeting between a C.a.nadian Prime Minister and such an a.tsembly of British Columbia. Chiefs since Sir Wilfrid Laurier's day.
It is ironic that in a country that prides itself on its communications capabilities, genuine dialogue and mutual comprehension can sometimes be so lacking. It is also symptomatic of the larger problem that Canada faces today. It is clearly time for important reforrns in the way we nut our affairs in this country. Today, I would like to discuss with you the far reaching changes that are underway, particularly with respect to Canada's first nations.
These changes are itical to the.realiaation of our vision of Canada. It is a vision that includes you as the original peoples of this great nation. It is a vision that recognizes the role you have played In Canadian history, the place of respect you have in Canada, today, and the contribution you will make to Canada's future. It is a vision of a Canada that is strong and united, one of the best countries in the worid and, for all of its problems, more than worth the effort to keep together and build. We have entered a period in the life of our country that Is questioning that vision of Canada and testing the will of Canadians to build a future together. To overcome the challenges we face, we must address the fundamental and legitimate concerns of all Canadians. We must respond to the sense of alienation here in western Canada and . deal with the economic disparity of the Atlantic region. We must address the growing disenchantment of many Ontarians who feel their contribution is too often taken for • wranted. We must ensure that the distinct identity of Quebecers is respected and that they feel comfortable as full partners in Canada. Cearly, the creation of an environment in which Quebec would willingly endorse the Canadian Constitution, is a noble objective worthy of our greatest efforts. And we must listen, carefully and respectfully, to your voices — the voices of the aboriginal peoples. • All Canadieng are beginning to understand, naw, what aboriginal Canadians have tried to tell us for so long — that when the first Europe= set foot on North American soit, they were not venturing into unexplored, unoccupied wilderness. This land was not unexplored: it was only unexplored by them. The land was not unoccupied; in fact it had been occupied since time immemoriaL You have been willing to share this land for the common good and in mutual respect. But your friendship and reasonableness have not always been reciprocated . — you have too often been treated insensitively, unfairly and even illegally. From the earliest days, you have been an intrinsic part of Canada's identity. Yet, at different periods in our history, governments have endeavoured to suppress, even .eradicate, your cultures, beliefs and traditions. We can all cite examples of racism and paternalism from the earliest days of Confederation to — regrettably — this day. .But it is not good enough simply to aclatowledge these problems and inequities. We have to resolve theta, and do so. 3.3 quickly u possible. The Native agenda that I announced last fall is part of the answer. Legislative III reform is another part of the answer. A Royal Commission is part of the answer, as ■■■■■ 4 -UU-81 :111:1 588 3k3:21 *4 WC% BY: .) Ntu, vlimws smn c4 i lo:JJ rmun NI MMUt.U U M
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well. The Government will proceed soon to appoint a Royal Commission to examine
the. social and cultural situation of the aboriginal peoples of this country, The Royal Commission should not be seen u a substitute for constitutional reform which is another important part of the answer in re.solving the problems of the aboriginal peoples. 'I Was Chairman of the two most recent constitutional oanferences on abor igtn. ; al issues and I share your frustration with the la,ck of results. Ltle you, I had hoped that more progress would have been possible.
One of my 121041t profound regrets sinos beco=ing Prime Minister is that we came so close but ultimately failed to entrenth in the Constitution the right of the aboriginal peoples to self-government. But we have learned from our experiences in 1985 and 1987• I believe the 1987 conference in particular, ciarifted issues and helped people identify their priorities. It showed us that intransigence will doom us to failure. And it raised consciousness of aboriginal concerts across the country. It is revealing that almost as many people have discussed aboriginal issues with the Citizens' Forum on Canada's Future as have raised the future of Quebec in Canada. This means that aboriginal concerns will be a key element of the coming round of constitutional discussions. Carole Corcoran, the former Chief of the Fort Nelson Band, whom I first met here last fall, has been making an important contribution to the Citizen.s' Forum. I want to usure you that the views of aboriginal leaders, communities and inclividuaLs front across Canada will be fully considered as the Government proceeds towards building a stronger Canada. In the meantime, much reform can be ac:complished without waiting for constitutional change or a Royal Commission. Last fall, in the House of Commons, I made a direct and clear commitment to the aboriginal peoples of this country. That commitment, the new Native agenda, had four components: to accelerate the settlement of land claims; to improve economic and social conditions on reserves; to pursue a new relationship between aboriginal peoples and governments and to address the concerns of aboriginal peoples in contemporary Canadian life. Since we announced that new Native agenda, we have been able to make encouragffig progress. We have had behind-the-scenes help from dedicated aboriginal leaders from this province and from across the country, some present here today. My colleague, Tom Sitidon has devoted himself to implementing the agenda. I believe, 1110St sincerely, that we are on the threshold of producing very beneficial and lasting change. By "we", I mean the aboriginal,peoples and the government, together, as partners, because the ideas in the agenda' are based on what you told us your peoples' priorities were. This is important because no government can hope to deliver on the agenda without your advice and participation. The basis of the agenda is respect for existing aboriginal and treaty rights guaranteed by the supreme law of the land. We are committed to fulfilling our responsibilities under Section 35 of the Constitution. The Supreme Court's judgements In the Sioui and Sparrow cases ■ 4 . rçJr1 r'ii.Q NtJ I •US • . 0 07 'zL im.Jm •
point the way. The agenda recognizes the need for a new relationship between aboriginal peoples and governments — a new contract that reflects modern Canadian realities and legitimate native aspirations.
The most basic issue concerns the Indian Act, that relic from the Victorian aie. This legislation is degrading to Indians and non-Indians alike. I stated last September, and I will repeat today, that any changes to the Indian Act must have u a pnmary objective the expansion of aboriginal self-government. Aboriginal self-government will reinforce the unity and integrity of Cahada. Indian communities have a history of self- goverament. But, over time, the structures and functions of Indian governments have been undermined. It is time to correct this situation. I believe that the answer to many aboriginal problems lies in native peoples assuming greater responsibility for their own affairs, setting their own priorities and determining the.ir awn programs. No reform is more pressing than the management of Indian lands, and perhaps nobody knows tIsat better than Chief Robert Louie of the Westbank Band. Despite the fact that Chief Lauie has built one of the most progressive aboriginal land 'management reginaes in the country, he and his band are still reatricted by the red tape required by the Ladian Act. Tbat situation has to change and Chief Louie has provided important leadership that will enable us to make those changes. • Based an months of work by a group of Indian leaders, yesterday Chief Louie presented Tom Siddon with promising ideas for new Indian lands legislation that would put behind us the paternalism and confusion of the current legislation. I understand that Neil Sterritt, of the Gitksan-Weesuweeen people and Chief Strator Crowfoot of the Siksika Nation are chairing another committee of chiefs who are developing concrete proposais for legislative change. Forestry, Indian moneys and taxation are other important areas of activity. These are all initiatives conceived and led by Inci.inns and that,.by itseif, considerably improves the prospects of success. The federal government is also prepared to enter into discussions with the provincial governments and aboriginal people on a new approach to aboriginal justice. Recent investigations and comreisçions of inquiry have denaonstrated that aborig,inal people too often have suffered at the hands of the justice systera. Aboriginal leaders have sought reform in the justice system as a necessary step towards the realization of their wider aspirations. If Inciians are to have greater control over their lives, this is one of the changes that must be made. No outstanding issue is more important than the settlement of land claims. This will not resolve ail the concerns of Canada's aboriginal peoples. But, it will right historic wrongs that have handicapped and demoralized succe ssive generations of Indians, impeded economic development and community growth, and led to acrimony, rnistrist and misunderstandings between aboriginal and non-aboriginal Canadians. In the Native agenda, I committed the government to accelerate the seulement of specific claims. WC• .1.41 .I.iKi ns kt-V.2 I .4 ty .,ri Zl r Rtjl I rum I IV NCWZ V I 1-1Lsri et', 7C .4W0
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To facilitate this process Tom Siddon bas been working ssith a special committee of First Nation chiefs to study the issue of specific land claims and to give us advice. In this room today, we bave the co-chairmen of that committee — Chief Manny Jules, the leader of the Kamloops Indian Band and Harry Lafonne, Indian Conunisaioner of Ontario. Together, they have co-chaired the specific land claims committee with determination and diplomacy. More important, they have produced results. I am pleased to inform you that in the coming we-eics, the following steps will be taken. First, a fast-track process will be introduced for dealing with land claims of $500,000 or less. Second, in order to accelerate the claims process, the authority of the Minister of Indian Affairs and Northern Development to • irove settlement payments without reference to Treasury Board will be increased • •ixt Si to $7 million. Third, substantially more resources — human and financial — will be assigned to the task. In total, some $355 million will be dedicated to this initiative over the next Eve years. This represents a quadrupling of resources for this program. Fourth. the process Will be made fairer by the establishment of a specific land daim commission. This Commission‘vill provide an independent dispute resolution . mechanism which will be armes length from the Department of Indian Affairs and Northern Development Fifth, in cooperation with Indian leadership over the nt few months, a Joint Indian-Government working group will be established to address unresolved specific land daims process and policy issues. And finally, pre-Confederation land daims will be accepted for consideration for the first time. The success of this initiative has confirmed ray long-held belief that progress is possible if we work together in a spirit of cooperation. We are, also, making very encouraging progress in Saskatchewan in ensuring that legal under.akings made generations ago in regard to treaty land entitlements will, at last, be honoured. The government is, alto, committed to negotiate comprehensive land claims. These modern day treaties are important because they will clarify title to substantial areas of land and remove uncertainties for natives and non-natives alike. For many First Nations, they hold,the promise of a healthier and more prosperous future. In my statement to the House of Commons last September . I lifted the six-claim limit on the number of comprehensive claims the goverrunent will negotiate at any one time. The British Columbia decision to participate in comprehensive land claims negotiations ia a major breakthrough and I would like to commend the B.C. Government for this decision.
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At our meeting last October, Bill Wilson suggested we appoint a task force to examine the best way to proceed with tripartite negotiations in British Columbia. I understand that your representatives Ed John of the Tratten Nation, Miles Richardson of the Haida Nation and Joe Mathias of the Squamish Indian Nation - - have been woricing closely with the representatives of the British Columbia and federal governments on that task force. As we avvait the recommendations of this task force,! am extremely pleased that we are continuing to make progrm in addreming the comprehensive land claim of the Nisga'a Band here in British Columbia. In March, the federal government, the provincial government and the Nisga'a Tribal Council signed a tripartite franiework agreement — the first of its kind in B.C. history — establishing a process for conducting negotiations and setting out the topics to be discussed. It LS testimony to the resolve and perseverance of the Nisga'a people that this claim has reached the encouraging stage it is at today. It was originally presented to — and rejected by — the provincial government in 1887. Since that time, the determination of successive Nisga'a leaders has not flagged, and is personified, today, by Chief Alvin McKay.
I believe the Nisga'a experience sends a signal to ail First Nations tfiat, despite frequent frustrations, the negotiaticut process is the best way to resolve land claims and other issues. I lcnow that the recent Gitksan-Weesuwet'en decision has caused deep concern among Indian people throughout British Columbia. I want to reassure you that the Government of Canada remains committed to resolving this, and other land claims, in cooperation with the Government of British Columbia, through negotiations. We want to try to settle this and all other land claims in British Columbia within 8 years, by the year 2000. We have also made progress on improving economic and social conditions on reserves, the second part of the Native agenda. I want to reiterate that the Government of Canada is committed to worlcing jointly with Indian leadership and provincial governments towards this goal. Together, we need to improve corrununity infrastructure, create the right conditions for economic development and employment, ensure the health of individuals and protect local environments. Let me review briefly some of the matters the Federal Government has laid out in recent weeks: First, I was struck last month by pictures of Indian children on the Rama reserve in Ontario pouring clea.n drinking water for themselves, as a. result of a 54 million federal water treatment project. The images of those children were satisfying, but they brought home an unsatisfactory reality: many Indian communities still do not have adequate water and sewage facilities. In this day and age that situation is intolerable, and so the federal government has recently set aside S275 million, in new funds, over six years, to remedy water and sewage deficiencies on reserves across Canada. Our objective is to improve both the health of Indian conununities and the state of the physical environment. In total, we believe that 125 communities will benefi t . from the Indian Health and Water Initiative, winch is part of C.anada's Green Plan. ■1 •Iàtd '3101 U4:14 7 (L \ I - Li I 7-' • a i s4t, W JI I*JM "%I'M G.à '71 10;40 r‘.1$1 INpl M M Ut.UCC
-6
Second, a regrettable fact of modem life, and one that has not spared aboriginal communities, is the soourge of farnily violence. As part of our initiative to combat family violence, we are establishing a S36 million program for aboriginal communities. This is one of a series of initiatives designed to help aboriginal communities to help themseivea to improve their social and living conditions.. • Third, another Native Agenda initiative designed to help Indian leaders build a better future for their people is the Pathways to Success Program. The objective of this program is te create a skilled, corapetitive aboriginal Worlrforee. We anticipate investing approxiraately S200 million per yeax in aboriginal labour market programs. Fourth, in conjunction with First Nations, we are also currently conducting a major review of Indian housing options. I understand that David Paul of the South Island Tribal Council is ably representing the concerns of British Columbia Indians on this review. However, in the long run, no initiative is more important than our program for Indian post-secondary education. As part of the Native Agenda, I am pleased to announce today that we are increasing the budget of that program by $320 million, for a total expenditure of more than Si billion over five years. • I know, erst-band, the benefits of education. I grew up in a remote community on the north shore of Quebec where not everyone had the opportunity for advancement. Through many sacrifices, my faraily gave me that opportunity. They made it possible for me to go to university and that changed ray life. This year, governznent assistance is malting it possible for 2Z000 Indians to go to college and to change their lives. This compares with fewer than 100 aboriginal students when I was in university. Steady progress is clearly being achitsved. All told, by the end of this fiscal year, the federal Department of Indian Affairs and Northern Development's spending on Inuit and aboriginal programs will have increased by more than 75 percent since 1984; in that sanie period, overall sending on all government programs increased just over 30 percent. I do not have to labour the point that this increased funding comes at a time when the federal government is struggling with a burdensome deficit, huge interest payments and an economic recession. But we have made these decisions because they are right. We will stand by them because they will make Canada a better country. And we will work to ensure that the Canada bein,g built for the 21st century will include self-government by aboriginal peoples. As Prime Minister, I have been able to travel extensively tbrougbout this lancL I have never failed to be struck by the diversity and richness of its peoples, native and non-native alike. And I have never failed to be impressed by this country's accomplishmenta and by its extraordinary potential. Over the past two centuries, native and non-native people have come together to build a great nation. Now we must come • together again and chart a new direction for our country, one that will correct past mistakes and build a future that is based on mutual respect, trust and understanding. stcwz1 P.. I .4 S4 mmt.irl NMI I , cil tu MIIsG...1 Z j
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And so I appeal to you and to ail aboriginal Canadians across this country. loin us in tnalcing the reforms that will guarantee your place in a new federation. Join us in making Canada a better place for all Canadians. Join us in preparing Canada for the 2Ist century. Together, let us build a country that all Canadians will be happy to call home.
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Report of the Special Representative respecting the Royal Commission on Aboriginal Peoples
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Pensez à recycler! Special Representative Représentant spécial respecting the concernant la Royal Commission on Aboriginal Peoples Commission royale sur les peuples autochtones
The Right Honourable Brian Dickson Le très honorable Brian Dickson
August 2, 1991
The Rt. Hon. Brian Mulroney, Prime Minister of Canada, House of Commons, Ottawa, Ontario. KlA 0A6
Dear Prime Minister:
INTRODUCTION On April 23, 1991, Prime Minister, you delivered a major address at the First Nations Congress in Victoria, British Columbia and announced that the Government would establish a Royal Commission to examine certain aboriginal issues. You said:
The Government will proceed to appoint a Royal Commission to examine the economic, social and cultural situation of the aboriginal peoples of the country. The Royal Commission should not be seen as a substitute for constitutional reform which is another important part of the answer in resolving the problems of the aboriginal peoples.
The Government acted upon your announcement in the Speech from the Throne to Open the Thirty—fourth Parliament of Canada .07. May 13, 1991. The Speech stated:
The full participation of Canada's aboriginal peoples in Canada's economic prosperity and political life is a goal shared across the country. To put itself in a position to respond more effectively to the 171, rue Slater St., Suite 1100 Ottawa, Canada K1A 0A3
(613) 990-4341 FAX: (613) 990-4345 needs of the aboriginal peoples of Canada, my government will appoint the Right Honourable Brian • Dickson, former Chief Justice of the Supreme Court of Canada, to * serve as a special representative of the Prime Minister in order to consult widely on the terms of reference and membership of the Royal Commission announced recently and report back to my government. Particular care will be taken to ensure that the Commission neither delays nor negates constitutional, legislative or other reforms already under way. These reforms include land claim settlements, community development initiatives, education and-other activities launched during the second session of the Thirty-Fourth Parliament. In cooperation with Indian people themselves, my government will explore alternatives to the Indian Act, especially concerning land, monies and self-government. Finally, my government will consult aboriginal Canadians on changes in the system of administering justice. The goal is to work with Canada's aboriginal peoples so that they control their own lives, can contribute to Canadian prosperity and can share fully in it.
I accepted your invitation to serve •as a special . representative for three reasons. First, during my years on the Supreme Court.of Canada I participated in several landmark cases dealing with a variety of important aboriginal issues. In several of those cases - for example, Guerin, Simon and Sparrow - I wrote reasons for judgment. This meant that I spent long weeks, sometimes months, researching aboriginal history and traditions and their relationship to contemporary social, cultural, economic and political issues. This process * of research, reflection and writing prompted in me a great interest in our aboriginal people', their history, their current frustrations and their aspirations for a better future. Although have now retired from the Supreme Court of Canada, my interes -... in these matters has not abated. • - 3 -
My second reason for accepting your invitation was a simple one - my own notion of public service. I believe that if a Prime Minister asks one for advice and assistance, one should do his or her best to provide them. In a democracy, an ordinary citizen should. be prepared to participate in the public affairs of his or her society in whatever way is possible.
My third, and most important, reason for accepting your invitation has nothing to do with my former professional life as a lawyer and judge. Rather, as an ordinary Canadian I feel deeply that this wonderful country is at a crucial, and very fragile; juncture in its history. One of the major reasons for this fragility is the deep sense of alienation and frustration felt by, I believe, the vast majority of Canadian Indians, Inuit and Métis. Accordingly, any process of change or reform in Canada - whether constitutional, economic or social - should not proceed, and cannot succeed, without aboriginal issues being an important part of the agenda. I believe (and my many conversations with native people in recent weeks confirm this belief) that the proposed Royal Commission has the potential to be a valuable component of a process to resolve some of the pressing problems that confront many, many natives in their dal:, lives. The Commission's work could also serve to educate the non-native public abou't aboriginal history, culture and • aspirations. Because I sincerely believe this, I was prepared - 4 -
try to do my part to assist in establishing a first-rate Royal Commission.
Against this background, I turn now to my assigned task. The Speech from the Throne mandated me to "consult widely" on the terms of reference and membership of the Royal Commission. I took very seriously this instruction to consult widely. I began 'by requesting meetings with six major national aboriginal groups. All responded affirmatively to my request. Within two weeks of my appointment I held long and productive meetings with the leadership of the Assembly of First Nations (May 17), the Native Council of Canada (May 23), the Métis National Council (May 23), the Inuit Tapirisat of Canada (May 24), the National Association of Friendship Centres (May 28) and the Native Women's Association (June 4). I also attended, at the invitation of the national leaders, the annual meetings of the Assembly of First Nations and the Native Council of Canada in Winnipeg on June 11-12, and met with the full Board of the Inuit Tapirisat of Canada in Ottawa on June 13.
Since these first meetings, I have kept in close contact and held many additional meetings with these representational aboriginal groups. My notion of consultation is not simply to listen to someone's views one time and then to go away and write a report. Rather, meaningful consultation must flow from a genuine dialogue; in the process in which I have been engaged, • - 5 - • that has meant listening to the views of the native leadership at a first meeting, trying to assimilate and understand those views, formulating my own ideas, testing those ideas at subsequent meetings with the leaders, revising my ideas based on the comments I have received at those subsequent meetings and then, and only then, writing my report. I have been told repeatedly that this broad consultation has been very much appreciated, and that such a process will be equally important with regard to the staffing of the Royal Commission.
I also decided that it was important to solicit the views and advice of native leaders and other natives not connected to • the national organizatiOns. I did this in two ways. First, I asked the national organizations for lists of local groups and leading native individuals so that I could write to all of them. Secondly, I adopted an open-door policy at my Ottawa office - in late May and throughout June I met with every native group and individual who requested a meeting (see Appendix 1 for list of meetings).
I also formed the opinion that I needed the benefit of the views of acknowledged experts in many aspects of native life. asked various native leaders and a number of leading academics • identify those experts for me and I then wrote to all of them. - 6 - Additionally, the Privy Council Office placed an • advertisement in the major national newspapers and in all of the native newspapers of which we were aware (Appendix 2). As well, I issued a Press Release on May 27 (Appendix 3). Both the advertisement and the Press Release invited Canadians to write to me with their advice about the mandate and composition of the Royal Commission.
The results of this consultation process were that between May 18 and July 5 I held meetings with 57 native groups or individuals, experts, federal Cabinet Ministers, all seven native Parliamentarians, senior public servants and other Canadrans. I sent 1,682'letters to individual natives and received 165 replies. I sent 12 letters to the provincial and territorial • heads of Government and received 9 replies. I sent 291 letters to experts and to major organizations interested in native issues and received 153 replies. Finally, I received 207 submissions in response to the advertisement placed in the newspapers by the Privy Council Office.
I did my best to listen carefully to, and to understand the views expressed by, the hundreds of people who met with me in recent weeks. I have also tried to digest the large number of written submissions that I have received. Based on all of these meetings and submissions I am now ready to provide you with my
advice on the two matters you left with me - the terms of • - 7 - reference or mandate of the Commission, and the composition or membership of the Commission. Before doing so, however, I want to say a few words about my impressions at the end of a rather hectic, but also very invigorating and inspiring, consultation process.
After meeting hundreds of native and non-native Canadians and studying hundreds of written submissions in the last few weeks, I have formed two very strong impressions. The first is that the vast majority of Canadian natives - and I mean ordinary native people, not just their political leaders - are deeply frustrated and profoundly disappointed with the way they.perceive • that:they have been, and ara today, treated by Canadian governments (of all levels) and with their current economic, social and cultural position in the Canadian polity. They feel that their historical , position in Canada, their traditions and values, and their aspirations are not well-understood by most non-native Canadians, and that they are not respected and supported by Canadian governments. The breadth and depth of this frustration and disappointment trouble me deeply.
I do not mean to say that there have been no improvements in the lives of many natives and that governments, including the federal Government, have not played a useful role in contributing to some of these improvements. For example, in an area I regard • as particularly crucial, namely education, it is truly noteworth.i - 8 - • that the Government provides financial assistance to, approximately 22,000 native college and university students. This is a spectacular increase in the number of native students attending post-secondary institutions and augurs well for the future. It could not have happened wittlout governmental support. Progress has also been made in other areas. Nevertheless, there is a strong and widespread feeling ambng many natives that progress on certain important fronts has been too slow.
My second impression is a very different one. The frustration and disappointment felt by many natives haye not, perhaps surprisingly, given way to cynicism. In only one meeting e did I meet a native person who believed that there was no hope for change and improvement. The reason for the absence of cynicism is, I believe, that most Canadian natives are remarkably decent, fair, tolerant and compassionate people. There was a palpable integrity about virtually all the native people I met during my consultations.
I wbuld specifically and explicitly use the words in the preceding sentences to describe the native leadership, at both the national and local levels. I was very iimpressed with their dedication, eloquence and commbn sense. I was also moved by the place that their sense of history and their spirituality play their professional lives. • - 9 -
My two impressions lead me to a single conclusion. The Royal Commission on Aboriginal Peoples presents a real, and rare, opportunity to improve the lives of Canada's one million native people, and thereby the lives of all Canadians. I agree with Mr. John Amagoalik, the highly respected former President of the Inuit Tapirisat of Canada, who wrote to me in these terms:
I feel the aboriginal peoples of Canada are at an important crossroads. Things can either begin to improve or else the original citizens of this country will sink further into despair and hopelessness.
There have been many earlier studies - federal and provincial; general and issue specific; commissions, inquiries and task forces. Several have produced outstanding reports with concrete recommendations, for example the Hawthorn Report, the Berger Report, the Lysyk Report, the Coolican Report and the Penner Report. I hope that the Royal Commission will build on the excellent research and recommendations contained in theSe reports.
I believe that if the mandate of the Royal Commission is a good one and if the Commission is composed of truly outstanding people, then its report and recommendations should be of great
value to governments and to ordinary Canadians. I hope that th.r. advice I tender to you in the rest of this report will provide solid basis on which your Government can establish a Royal Commission with these attributes. I also hope that the - 10 - • Government and Parliament will then demonstrate the political will to follow through on the recommendations of the Royal Commission. In your Victoria speech you said that "We are on the threshold of producing very beneficial and lasting change. By 'we', I mean the aboriginal peoples and the government, together, as partners." I say respectfully, Prime Minister, that you have articulated a worthy goal and process in that statement.
A. TERMS OF REFERENCE
I have been convinced during the process of consultation in which I have engaged that the terms of reference for the Royal Commission on Aboriginal Peoples must be broad and comprehensive. • The issues facing the Commission are difficult, multifaceted, and interrelated. Not all regions or groups share the same concerns. It would be impossible and counterproductive to limit artificially the scope of the Commission's work. I therefore propose the following terms of reference for the Commission, which will in other respects be governed by the provisions of the Inquiries Act.
Terms of Reference
"The Commission of Inquiry should investigate the evolution of the relationship among aboriginal peoples (Indian, Inuit and Métis), the Canadian government, and Canadian society as a whole. • - 11 - • It should propose specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront aboriginal peoples today. The Commission should examine all issues which it deems to be relevant to any or all of the aboriginal peoples of Canada, and in particular, should investigate and make concrete recommendations concerning:
1. The history of relations between aboriginal peoples, the Canadian government and Canadian society as a whole.
This investigation may include studies of historical patterns of aboriginal settlement and governance, the Royal • Proclamation of 1763, the development and interpretation of pre- and post-confederation aboriginal treaties, the evolution of political arrangements in the North, and social tensions which have characterized the relationship between aboriginal and other Canadian communities. Building upon this historical analysis, the Commission may make recommendations promoting reconciliation between aboriginal peoples and Canadian society as a whole, and may suggest means by which aboriginal spirituality, history and ceremony can be better integrated into the public and ceremonia_ life of the country. • - 12 - 2. The recognition and affirmation of aboriginal self- • government; its origins, content and a strategy for progressive implementation.
The Commission's investigation of self-government may focus upon the political relationship between aboriginal peoples and the Canadian state. Although self-government is a complex concept, with many variations, the essential task is to break the pattern of paternalism which has characterized the relationship between aboriginal peoples and the Canadian government. The Commission should review models of self-government which have been developed in Canada and around the world, and should make recommendations concerning fiscal arrangements and economic development initiatives necessary for successful transitions to • • self-government. The scope, effect and future elaboration of ss. 25 and 35 of the Constitution Act, 1982 may be evaluated.
3. The land base for aboriginal peoples, including the process for resolving comprehensive and specific claims, whether rooted in Canadian constitutional instruments, treaties or in aboriginal title.
The Commission may investigate and explain the deep spiritual and cultural ties which bind aboriginal peoples to the land, the relationship between an adequate land base and économie • • - 13 - development, and the importance of environmental protection. It may also outline appropriate processes for the settlement of outstanding comprehensive and specific claims. The scope, effect and future elaboration of ss. 25 and 35 of the Constitution Act, 1982 may be evaluated in relation to the land base as well as to self-government.
4. The historical interpretation and application, and potential future scope, of s.91(24) of the Constitution Act, 1867 and the responsibilities of the Canadian Crown.
An investigation of s.91(24) may include examinati'on of the • internal political organization of aboriginal communities, the obligations of the federal Crown towards aboriginal people, the representation of aboriginal people in Canadian political institutions, and the relationship and potential for conflict between s.91(24) and aboriginal notions of law and the legal process.
5. The legal status, implementation and future evolution of aboriginal treaties, including modern-day agreements.
An investigation of the historic practices of treaty-making may be undertaken by the Commission, as well as an analysis of • treaty implementation and interpretation. The Commission may - 14 - also want to consider mechanisms to ensure that all trr., ats ar e • honoured in the future.
6. 'The constitutional and legal position of the Métis and off- reserve Indians.
The Commission may examine legislative jurisdiction concerning the Métis and Non-status Indians, and investigate the economic base of, and the provision of government services to, these people and to off-reserve and urban Indians.
7. The special difficulties of aboriginal people who live in the North.
The Commission may investigate the difficulties and cost of communications and transport, issues of environmental protection, sustainable economic and social development, access to natural resources, and any differential treatment of northern aboriginal people by the Canadian and Territorial Governments.
8. The Indian Act and the role, responsibilities and policies of the Department of Indian Affairs and Northern Development (DIAND). • - 15 - • The Commission may investigate in particular the legislative scheme of the Indian Act, the relationship between that scheme and the evolving policies of DIAND, the theory of aboriginal- government relations implicit in the Indian Act, and the future of the Act and of DIAND. All of these could be examined to determine whether existing federal legislation and administrative practices are consistent with evolving theories of Canadian law, including aboriginal and treaty rights.
9. Social issues of concern to aboriginal peoples.
• In particular, the Commission may study and make concrete recommendations to improve the quality of life for aboriginal peoples living on reserve, in native settlements and communities, and in rural areas and cities. Issues of concern include, but are not limited to: poverty, unemployment and underemployment, access to health care and health concerns generally, alcohol and substance abuse, sub-standard housing, high suicide rates, child care, child welfare, and family violence.
10. Economic issues of concern to aboriginal peoples.
The Commission may investigate the problems of developing a • viable economic base for aboriginal peoples, unemployment, access - 16 - to labour markets, discrimination in employment, taxation, and customs duties.
11. Cultural issues of concern to aboriginal peoples.
In particular, the Commission may investigate the protection and promotion of aboriginal languages, recognition by Canadian society and institutions of the intrinsic value of aboriginal spirituality, recognition by Canadian society and institutions of the intrinsic value of aboriginal family structures and child care patterns, and the protection of traditional hunting, fishing and trapping ways of life.
12. The position and role of aboriginal elders.
The Commission may examine the social and economic conditions of elders as a group, their traditional role in aboriginal societies and whether existing laws and governmental practices respect and accommodate that role, and the continuing role for elders in aboriginal societies.
13. The position and role of aboriginal women under existing social conditions and legal arrangements, and in the future. • - 17 - The Commission may examine, in particular, issues related to financial and property provisions upon divorce, access to the labour market, definitions of membership in aboriginal groups, and the role of native women in political institutions in their own communities and in non-native society.
14. The situation of aboriginal youth.
The Commission may investigate access to education, access to community leisure and sports facilities, alcohol and substance abuse, suicide amongst youth, and funding Éor youth pràgrammes. • The Commission may also focus upon means of enhancing and promoting a positive self-image in aboriginal youth, especially in the way they view the relationship between their historical and cultural roots and contemporary educational institutions.
15. Educational issues of concern to aboriginal peoples.
In particular, the Commission may investigate aboriginal control over primary and secondary education on reserves and in native communities (including issues of funding), the promotion and protection of aboriginal cultural identity in educational institutions (including institutions where aboriginal student's • are a minority group), the encouragement of aboriginal children - 18 - to complete secondary education, and access to and funding f or post-secondary education (including college, university and technical training).
16. Justice issues of concern to aboriginal peoples.
In particular, the Commission may investigate and make concrete recommendations concerning the relationships between aboriginal people and the police (with the policing function broadly conceived to include dispute resolution and community service), the promotion of respect for aboriginal people and culture within the justice system, techniques to aid aboriginal people in comprehending court processes especially through the • provision of interpretation services, means to decrease the rate of . incarceration of aboriginal offenders, methods to improve conditions of incarceration for aboriginal offenders, and the potential to elaborate aboriginal justice systems and to incorporate principles of aboriginal legal culture into the Canadian justice system."
I would also recommend that the following special provisions relating to the operation of the Royal Commission be included in the order-in-council creating the Commission. These provisions • • - 19 - would promote the smooth functioning of the Commission and would ensure the transparency and efficacy of Commission processes.
"The Commissioners should:
(1) be authorized to adopt such procedures and methods as they may consider expedient for the proper conduct of the inquiry and to sit at such times and at such places as they may decide, especially in aboriginal communities across Canada;
(2) be authorized to create regional or issue-specific task forces or advisory bodies as they deem appropriate to assist them in the examination of any aspect of their terms Of reference;
(3) be authorized to commission and publish special studies or commentaries as may be appropriate from time to time;
(4) be authorized to invite an aboriginal person selected by his or her community to sit as a special advisor to the Commission, without remuneration, for days on which the Commission chooses to sit in an aboriginal community; • (5) be authorized to submit interim reports on specific issues. - 20 - (6) be directed to submit a final report with all reasonable • dispatch.
B. COMPOSITION OF THE ROYAL COMMISSION
During my consultations almost 480 people were recommended to me as potential Commissioners. One of the most striking impressions with which I am left at the end of this process is that Canada is blessed with remarkable human resources. The people who were suggested to me are a diverse group, but most of them shared a common characteristic -- a dedication to cdmmunity - service. - Some of the people recommended would be well-known to • the majority of Canadians, having served in public office or pursued careers in the public eye. Many other people were less well-known, but no less impressive, having devOted their lives to work in their local communities.
Because so many outstanding people were brought to my attention, my final recommendations for membership on the Commission were arrived at only after difficult deliberation. am confident that the people I am recommending are accomplished, forthright and of good will. They are people who will work constructively to find solutions to problems. They come from very different badkgrounds, but were widely acclaimed by many people who wrote to me from across the country. They share a • - 21 - • common determination to make this Royal Commission a positive force for change and reconciliation.
I have chosen to recommend a seven-member Royal Commission, with four aboriginal members and three non-aboriginal members. A seven-member Commission allows for appropriate contributions from the various aboriginal communities -- Status Indians on reserve, urban and off-reserve Indians, Métis and Inuit. It also provides the opportunity to consider the important issues of geographic, linguistic and gender balance. Each person I am recommending will serve in his or her personal capacity, and I am confident that the diversity of background and experience will lead to fruitful discussions and broadly-supported conclusions.
Throughout my consultations I was told again and again'that it was essential that aboriginal people'constitute a majority of the Commission. Aboriginal people are obviously going to be most
directly affected by the recommendations of the Commission. • Moreover, if 'self-government' means anything, it must mean tha: aboriginal perspectives are central to any redefinition of the relationship between native communities and the Canadian polity
as a whole. The aboriginal members of the Commission that I a7
proposing are truly outstanding individuals -- thoughtful, • reasonable, creative and articulate. - 22 - The non-aboriginal members of the Commission bring a wealth • of experience in public service in their various fields. They also share an openness of spirit, creativity and commitment to a fair resolution of the problems they must investigate. I am convinced that they will help to ensure that this Royal Commission will be of inestimable benefit to all Canadians.
I am honoured to recommend the following people for appointment to the Royal Commission on Aboriginal Peoples (in alphabetical order):
(1) Allan Blakenéy - former Premier of Saskatchewan (Saskatchewan);
(2) René Dussault - Justice of the Quebec Court of Appeal (Québec);
(3) Paul Chartrand, Head of the Department of Native Studies, University of Manitoba (Manitoba);
(4) Georges Erasmus, Former National Chief of the Assembly of First Nations (Northwest Territories);
(5) Viola Robinson, President of the Native Council of Canada (Retiring) (Nova Scotia); • - 23 - (6) Mary Sillett, President of the Inuit Women's Association of Canada (Retiring) and Vice-President of the Inuit Tapirisat of Canada (Retiring) (Newfoundland and Labrador);
(7) Bertha Wilson, Former Justice of the Supreme Court of Canada (Ontario);
Finally, I am recommending that Mr. Justice René Dussault and Mr. Georges Erasmus co-chair the Commission. I have no doubt that they will bring energy and commitment to the Commission, and that they will lend enormous credibility to its proceses.
C. RELATED ISSUES
During my consultations and study I became aware of several matters relating to the proposed Royal Commission which were of great concern to many aboriginal people. These matters are relevant to both the Royal Commission and the Government. They should not, in my view, be dealt with explicitly in the Terms cf Reference for the Commission because, in the end, they are issu,i. that the Commission and Government must address for themselves.
However, I thought it appropriate to bring these matters to ycy.:: attention, Prime Minister, so that you, your Government, the Royal Commission and Aboriginal peoples could consider them. - 24 -
(1) Matters for the Royal Commission
There was widespread agreement among the people with whom I consulted on the following points: (a) Although, in deference to the constitutional reform processes, I have tried to avoid framing 'constitutional' Terms of Reference, it is inevitable that constitutional issues will arise under some of the Terms of Reference. There is a real potential for confusion, duplication, inefficiency and waste which needs to be avoided. In terms of timing, it is essential that the Commission which has much important 1110 work to do, some of which may touch on constitutional issues,. provide any recommendations it may have on constitutional reform issues in a timely fashion.
• (b) The Royal Commission should consider travelling extensively to native communities throughout Canada.
Native people do not want to be stuaied; rather they want to meet the Commissioners and tell their stories in person, preferably in the communities in which they live.
(c) The Royal Commission may want to consider sitting in smaller panels (e.g. panels of two or three members) • - 25 - • for some of its hearings. This might permit wider public access to the Commission, encourage a deeper consideration of some issues, and save money.
(d) The Terms of Reference for the Royal Commission contain a provision authorizing the release of interim reports. The Commission might find this mechanism particularly appropriate if its recommendations on certain topics would be useful in other public policy fora such as the constitutional reform processes.
(e) The Royal Commission might want to consider'the • possibility of an advisory role for native elders. The position and role of elders are highly valued and honoured in most native communities. Elders might be able to assist the Commission in its communication with native communities and in its understanding of native traditions and values.
(f) The Royal Commission should consider carefully the questions of timing and expense. .Although Royal Commissions have played an important role in Canadian public life, the perception of many ordinary Canadians is that they move slowly and cost a lot. The Commission must address these two issues creatively. - 26 - (g) Perhaps most importantly, the Royal Commission should • seriously try to identify and articulate solutions to current Problems. Many of the problems are well-known and well-documented; further study would be superfluous and condescending. On the other hand, a Commission genuinely focused on trying to discover solutions to those problems would be a valuable enterprise indeed. I agree with Professor David NeWhouse of the Department of Native Management at Trent University who wrote to me in these terms:
It is important that the Commission carry out its work with both a knowledge of the history of aboriginal people and our future goals and to use that knowledge to • inform and guide its work. The Commission should not be another study of the problems facing aboriginal people, for these have been well documented in numerous reports, studies, and presentations. In addition, there have been many solutions proposed by a variety of individuals, groups and associations, both aboriginal and non-aboriginal. Some of these solutions are currently being tried within our communities with varying degrees of success. What is important at this time is that the Commission examine the various solutions, efforts and activities and point the way for Canadians to support the continued development of aboriginal communities.
(2) Matters for the Government - 27 -
There was widespread agreement among the people with whom I consulted on the following points:
(a) I refer the Government to 1(a) above - i.e. the need to co-ordinate constitutional processes.
(b) Effective access to and pai.ticipation in the work of the Commission are essential to the Commission's success. Accordingly, the Government, in conjunction with the Royal Commission, will have to consider carefully the question of funding for individuals and groups who want to appear before, and make submissions to, the Commission.
(c) There is an overwhelming public sense that the reports of Royal Commissions are often ignored by governments. I may well have heard the phrase "gather dust on some government shelf" more than any other phrase during my recent consultations! I would recommend, therefore, that the Government actively address the process and mechanisms for.considering, adopting and implementing the Commission's.recommendations.
CONCLUSIONS - 28 -
I want, Prime Minister, to thank you for inviting me to serve as your Special Representative to advise your Government on the mandate and composition of the Royal Commission on Aboriginal Peoples. I have enjoyed my consultations with many native leaders and people, and with Cabinet Ministers, Parliamentarians and public servants. I especially want to thank all of those people who provided me with their views, whether in personal meetings or through correspondence.
I also want to convey to you my appreciation for the excellent co-operation and administrative support I received from the public service. The Privy Council Office provided logistical and administrative support in a most professional way. The PCO • also retained three people to provide me with administrative and research assistance - Dean Jim MacPherson of Osgoode Hall Law School, Associate Dean Stephen Toope of McGill Law School and Ms. Deborah Melanson. I want to express my gratitude to them for agreeing, on very short notice, to provide me with their assistance for a few weeks.
I would also like to thank personnel in the Deputy Minister's Office, the Policy Branch and the library at the Department of Indian Affairs and Northern Development for providing me with material I requested. I also thank the Embassies of Brazil and the United States, the High Commissions of Australia and New Zealand, and the Canada Branch Office of the • - 29 - • International Labour Organization for their co-operation in my research efforts.
May I say in concluding that I firmly believe the proposed Royal Commission has the potential to be an important instrument of education and reconciliation. I agree with Sister Anne Campbell of the Presentation Sisters of Newfoundland and Labrador who wrote to me in these terms:
This is a most crucial time with relations between First Nations and the Canadian government. The climate within the Canadian non-Native public as a whole would seem to be highly in favour of addressing the injustices suffered by Native people. The Royal Commission must take this crucial opportunity to offer concrete solutions for real social and political change that will translate into a more just and equitable standard of living and preferred future for Native people.
I have no doubt that if the Royal Commission adheres to sorte
of Sister Campbell's themes -- the willingness of non-native Canadians to be educated about and support solutions to the injustices of the past, and a commitment to identify and
articulate concrete solutions to those injustices -- it will he::- to fashion a new compact between the aboriginal and non- - 30 - aboriginal peoples of Canada. If that happens, then your • Government will have played a major role in working with aboriginal people to establish for them a more secure place and richer lives in the Canada of tomorrow. Yours sincerely,
\
/ Brian Dickson Special Representative Respecting the Royal Commission on Aboriginal Peoples
Attachs.
• • APPENDIX/ANNEXE 1 'CONSULTATIONS
May 17, 1991 1. Chief Georges Erasmus, Assembly of First Nations. May 21, 1991 2. The Hon. David Marshall, Executive Director, Canadian Judicial Centre May 23, 1991 3. Senator Walter Twinn 4. Ms. Viola Robinson Native Council of Canada 5. Messrs. Yvon Dumont and Tony Belcourt - Métis National Council May 24, 1991 6. The Hon. Ethel Blondin, M.P. 7. Chief Robert Louie and Graham Powell Westbank Indian Band - B.C. 8. Mr. Bob Skelly, M.P. NDP Native Affairs Critic 9. Mr. Dwight Dorey, Native Council of Nova Scotia. 10. Ms. Rosemary Kuptana, Inuit Tapirisat of Canada May 28, 1991 11. Hon. Tom Siddon, Minister of Indian and Northern Affairs. 12. Ms. Karen Collins and Mr. Jerome Berthelette National Association of Friendship Centres
May 31, 1991 13. Senator Len Marchand 2
June 4, 1991 14. Senator Charlie Watt 15. Ms. Margaret Catley-Carlson, Deputy Minister, Department of National Health and Welfare. 16. Mr. Harry Swain Deputy Minister, Department of Indian and Northern Affairs 17. Ms. Gail Stacey-Moore, Native Women's Association of Canada 18. Mr. Richard Long, Native Council of Canada.
June 5 t 1991 19. Senator William Adams
June 6, 1991 20. Mr. Ward Elcock and Mr. William Pratt Privy Council Office 21. Chief Joe Mathias (Squamish Nation) Chief Myles Richardson (Haida Nation) Chief Edward John (Tl'az'en Nation) (Dene) Chief George Watts (Nuuchahnulth Tribal Council)
June 7, 1991 22. Mr. Jack Anawak, M.P. 23. The Hon. Michael Cuddihy Superior Court of Quebec.
June 10, 1991 24. Mr. Wayne Garnons-Williams Articling Student, DePartment of Justice • •
June 11, 1991 (Winnipeg) 25. Chief Roy Whitney and Mr. Gregg Smith Treaty 7 Tribal Council 26. Ms. Viola Robinson Native Council of Canada 27. Board of Directors Manitoba Métis Association
June 12, 1991 (Winnipeg) 28. Chief Ovide Mercredi and Executive Members, Assembly of First Nations, and later with the more than 400 Chiefs attending the Winnipeg meetings.
June 13, 1991 29. Mr. Brant, Coopers & Lybrand 30. Members of the Board, Inuit Tapirisat Canada
June 14, 1991 31. Ms. Roberta Jamieson Ombudsman for Ontario.
June 17, 1991 32. Ms. Kitty O'Callaghan Canadian Teachers Federation 33. Mr. Paul Tellier Clerk of the Privy Council 34. Mr. Paul Martin, Jr., M.P.
June 18, 1991 35. Mr. Peltier, Mr. Simon, Mr. Hutchison, Mr. Nicholas Kanasataké Mohawk Council and Peter Hutchins, Counsel 36. Mr. Willie Littlechild, M.P. • 37. Mr. Max Yalden Canadian Human Rights Commission 4 MM. •
June 19, 1991 38. Mr. Don Ryan and three others British Columbia 39. Mr. James O'Reilley Lawyer, Montreal. 40. The Hon. Kim Campbell and Mr. John Tait Minister and Deputy Minister of Justice
June 20, 1991 41. Professor Lynn Smith University of British Columbia Law Faculty 42. Hon. Monique Landry Minister of State in the Department of Indian and NoAhern Affairs 43. Chief Sanderson and Chief Ahenakew and Mr. Patrick Woods Saskatchewan • 44. Mr. Shin Imai Department of •the Attorney General (Ontario) 45. Mr. Clem Chartier Métis Association of Saskatchewan.
June 25, 1991 46. Chiefs Governance Group (Chief Neil Sterritt, Chief Stratter Crowfoot, Chief Bernard Meneen) 47. Delegation from the Seychelt Indian Band (Chief C. Paul and others) June 26, 1991 48. Mr. Felix Musqua and Mr. Chuck Thomas Federation of Saskatchewan Indian Nations June 27, 1991 49. Ms. Carole Corcoran • Spicer' Commission ■••■1 5 MM.
50. Mr. Stephen Kwafki Member of the Legislative Assembly, N.W.T. 51. Conference Call with Chief Billy Erasmus and four other native chiefs July 2, 1991 52. The Rt. Hon. Joe Clark President of the Privy Council and Minister Responsible for Constitutional Affairs
July 3, 1991 53. Chief Ovide Mercredi and members of the Executive of the Assembly of First Nations July 4, 1991 54. Ms. Rosemary Kuptana Inuit Tapirisat of Canada. 55. Manitoba Band Chiefs July 5, 1991 56. Mr. Mark Stevenson, Mr. David Nahwegabow, Mr. Harry Laforme 57. Chief Cece McAulay Inuvik
• APPENDIX 2
• \ ,
.... • A A.>"1 - . eiesei.s.4.. r . r _ ....• CANADA '
Special Representative . . respecting the " . Royal Commission on Ab.original Peoples ., «,.. ... NOTICE .-.«
Request for Written Submissions .
The Speech from the Throne Opening .. the Third Session of the Thirty-Fourth Parliament of Canada on May 13, 1991 contained an announcement of the appointment I, of the Rt. Hon. Brian Dickson, as a Special :. Representative to consult on the terms of reference and membership of the Royal .. Commission on Aboriginal Peoples. ... . , The Special Representative invites any , interested person or group to submit written comments concerning the terms of reference and membership of the proposed Royal .. Commission. Submissions should be received before June 20, 1991 addressed as follows: :.. i
The Rt. Hon. Brian Dickson . 7 ... : Suite 1100 171 Slater Street Ottawa, Ontario ' KlA 0A3 ' , • , OCT a8 -Da 17:10 DEPT OF .JSTICE P.2/18 •
OPENING REMARKS BY THE HONOURABLE KIM CAMPBELL MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA TO THE STANDING COMMITTEE ON JUSTICE AND THE SOLICITOR GENERAL
(JUSTICE'S 1992-93 MAIN ESTIMATES)
OTTAWA MAY 12, 1992
Check against delivery • • Mr. Chairman, Members of the Committee:
It is a pleasure for me to be here today to discuss the Main Estimates of the Department of Justice. 1 will also be happy to deal with the General Part of the Criminal Code during the last 30 minutes of this tvvo-hour-and-fifteen minute session.
First, allow me to introduce the officials of the Department who are here with me this afternoon:
To my right, John Tait, Deputy Minister of Justice and Deputy Attorney General of Canada;
To my immediate left, Mario Dion, freshly appointed Assistant Deputy Minister, Corporate Management; and • To Mr. Dion's left, Eric Bowie, Acting Associate Deputy Minister, Litigation.
My second year as Minister of Justice has been a very busy and interesting one indeed. The Department met unprecedented challenges in the areas of policy development and constitutional matters. We pressed ahead on several fronts and made significant progress in suppo;ting a fair and equitable justice system for all.
Last year, when 1 appeared on the Justice Main Estimates before this Committee, I shared with you my three priorities, namely Inclusive Justice; Protection of Society; and Fairness of the Legal System. 2
S:nce 1 became Minister of Justice, I have articulated Inclusive Justice as my first priority. In my mind, inclusive justice is related to the notion of true enfranchisement. A system of inclusive justice is a system of justice where all the people served can see themselves reflected in it. Such a system involves the effort to widen its embrace and to include all who are served by the system of justice. So, it refers to a system of justice that is capable of doing justice for all citizens.
But how do we make change if we want to achieve our goal of inclusive justice? The answer is not simple. There are some basic approaches, one which is the policy making process itself. Personally, I am convinced that in making policy in the justice system, one of the most important things to learn is to provide for consultation and participation by people who are affected by the system. And we have been doing just that because we are convinced of how vitally important it is for the public to have faith in the legal system, that they have confidencein it, that they see it asserting them.
Within my priority of inclusive justice, 1 have targeted two main constituencies this past year: Women and aboriginal people. But the concept applies to many other groups who have felt themselves left out of the justice system. The recent events of Los Angeles and, on a much smaller scale, last week's unrest in Toronto, are yet another stark reminder that Canada's system of justice is not adequately inclusive of visible minorities. Much also remains to be done in respect of Canada's multicultural reality and of disabled peopii.
1 would now like to talk about some initiatives, legislative or otherwise, that I have put forward during the last twelve months. First, a few words about a very important issue which particularly affects the women of this country. Bill C-49, An Act to Amend the Criminal Code (Sexual Assault) is now at committee stage. This Bill is a response to the Supreme Court '51 1DEFT vF P.5/18
3 of Canada's decision in Seaboyer and Gayme, which ruled that Section 276 of the Criminal Code violates Sections 7 and 11(d) of the Canadian Charter of Rights and FreedQMS.
Bill C-49 seeks to ensure that victims of sexual assault are properly protected in the court system by severely restricting occasions where evidence of a complainant's sexual history can be admitted at a sexual assault trial. Equally important, the bill also protects the rights of the accused by ensuring that they have every opportunity for a full and proper defence.
In putting together this legislation, I consulted with many Canadians, with victims and with other levels of government. The message I received was loud and clear: women must have autonomy over their own lives and their own bodies. They must have the freedom to make personal decisions, without the fear that, someday, somewhere, those decisions will be unfairly used against them. It is this freedom that goes to the heart of what it means to be a Canadian and to live in a democratic Society.
Bill C-49 seeks to ensure that women have this freedom. It strikes a true balance between the rights of the accused to a fair trial and the right of victims to autonomy over their own lives. Just as important, it does much to ensure that victims of sexual assault will continue to have unimpeded access to the justice system.
Yet another example of government action aiming to enhance significantly protection of society, Criminal Code amendments pertaining to mental disorder came into force February 4, 1992. The purpose of the new legislation is to • 4
• modernize and clarify the law and procedure with respect to mentally disordered offenders, and to implement the fundamental rights and freedoms guaranteed by the em.as*
More precisely, the law provides for cases where the person was suffering from a disease of the mind at the time of the commission of a criminal offence and also for cases where the accused is unfit to stand trial. A new procedural framework has been devised for dealing with those cases in order that the mentally ill will be treated fairly, without jeopardizing public safety.
Also, the Government tabled an Omnibus Bill last week, which is in keeping with its commitment to remove the legislative barriers to the social and economic integration of persons with disabilities. This Bill contains an amendment to the Criminal Code to allow a complainant to give evidence with respect to certàin sexual offenses from behind a screen or outside the court room if the complainant has a disability that makes the communications of evidence difficult when coupled with the intimidation of seeing the accused. I will also review other sections of the Criminal Code and the Canada Eviçience Act which have been Identified by the disability community as requiring reform. The review has already begun as part of the parliamentary review of the child sexual abuse provisions of Bill C-15.
Last year, my Department undertook two specific activities aimed at promoting Gender Equality in the Canadian Justice System. The Federal-Provincial- Territorial Working Group on Gender Equality in the Canadian Justice System was mandated to develop proposals for action by Attorneys General to promote gender equality in the justice system. 5
working group, I hosted • In support of the activities of the the National Symposium on Women, Law and the Administration of Justice which was held in Vancouver, in June 1991. And it was historic, because it involved broad representation from all across the country, including the judiciary, legal academics, provincial Attorneys General and officials from their departMents, and representatives of more than 60 national organizations concerned with various issues relating to women and the law.
The enhanced level of activity in the area of gender equality has resulted in increasing demands on human and financial resources, especially with respect to consultation, research, communications and discretionary funding projects such as judicial education efforts.
Our goal now is to develop a Departmental action plan for gender equality in the Canadian Justice System and a federal-provincial strategy to support continued efforts at the elimination of gender bias in law and the administration of justice.
Mr. Chairman, this government is committed to a new relationship with aboriginal people. Last summer, 1 announced an initiative dedicating $ 26.4 million over the next five years to working with aboriginal people to improve existing federal programs, and to developing and testing innovative approaches to community justice . We are committed to exploring and considering alternative methods of dispute set-tlement for aboriginal people, taking into account cultural and linguistic differences, so long as such proposals fall within existing constitutional arrangements.
• 6
Although the federal government does not support the setting up of a separate, duplicate system of justice for aboriginal people, we are committed to transferring to aboriginal communities greater control over their own affairs, including administration of justice matters, through community-based self- government negotiations.
In this regard, consultations were initiated in Whitehorse last September at a highly successful conference entitled Achieving Justice : Today and Tomorrow, co-hosted by the Yukon Justice Minister and myself. Focus of the conference was on identifying a practical agenda for joint action.
The Conference released a paper which sets out objectives, principles and options for action to facilitate an ongoing consultation and a new partnership between aboriginal people and the justice system.
Several federally supported community justice projects are under way In aboriginal communities across Canada and we look forward to building on their success through this initiative with the full and effective participation of aboriginal people.
Now turning to Protection of Society, which is my second priority, I take much pride in the immense progress we have made over the last year in such
• critical and sensitive matters as gun control and extradition, among others. These initiatives aimed at both making Canadian communities safer and restoring public confidence in the systems and institutions that are there to protect them. 7
As politicians, we know too well how profoundly concerned Canadians are about the safety and security of their homes and communities. They have made it clear that any system that fails to provide stringent controls on the circulation and availability of guns is not in keeping with Canadian values or the kind of society in vvhich they wish to live.
Firearms control, a three-pronged initiative, has been a high priority for the federal government and for me personally. One, the legislation was given Royal Assent on December 5, 1991. It will be proclaimed in force in several stages over a thirteen months period, as the administrative and program changes necessary to implement the amendments are developed.
Two, I recently tabled in the House firearms regulations which proyide specifics such as limits on the capacity of cartridge magazines, and the procedures that must be used to store and transport guns safely. They will also improve the police screening process for those who wish to acquire a gun. The new regulations will be phased in over 18 months, giving provincial authorities time to prepare the necessary groundwork.
And third, as I announced recently, there will be a national firearms amnesty period later this year, probably in November. It will allow the public to turn In or register with police unwanted firearms, explosives and ammunition.
And if I may, Mr. Chairman, I would like speak briefly about a couple of major initiatives that fall under Fairness, which is my third priority.
Last December, I introduced Bill C-46 (the Contraventjons_Act) whose fundamental principle is that the legal relationship between the government and the public must be fair. • As you know, the current system provides that a person charged with a minor federal regulatory offence is treated no differently than a person charged with a criminal offence. Both must appear before the criminal courts system.
Mechanisms need to be in place to protect Canadians, but in all fairness they should be focused on the right people. The cumbersome requirements of the present system clearly and unnecessarily tie up valuable court resources. Most important, they may undermine the confidence people have in their relationship with government by placing unfair burden on minor offenders.
The new legislation proposes a "ticketing" scheme that, in effect, will decriminalize minor federal regulatory offenses, remove uncontested cases from the courts and improve the enforcement of fines. In short, it will help to ensure that Canadians are treated fairly by the system, while improving the system's • effectiveness and efficiency at the same time.
In pursuing our goal of achieving the highest possible degree of fairness in the justice system, Bill C-12, an Act to Amend the Young Offenders Act and the Criminal CodQ, has recently been given Royal Assent. This legislation is the culmination of a first-phase review which addressed issues. such as the transfer of a youth's case to ordinary court, the sentences available in the youth court and the adult court for young people charged with murder, and the placement of transferred youths.
The issue of juvenile criminality . and how the system of justice deals with young accused persons is extremely sensitive and must be put in proper perspective. Abatement of such criminality will require much consultation and • collaboration with all those involved, including young people themselves. OCT J..13 "52 17:17 DEFT ,..)17 ;u5TICE
9
Of paramount importance is that young offenders must feel that they are being treated fairly and responsibly by the system and by those who work with the Young Offenders Act. At the same time, we must recognize that juvenile criminality is on the increase in Canada, particularly in some of our largest cities, where crime is taking hold and where drug related offenses — let alone youth gangs and teenagers victimizing other teens — have been proliferating.
The Young Offenders Act should not be viewed in Isolation from other laws and services which may be relevant when a youth is before the courts. Finally, it should not be relied upon as a substitute for earlier and appropriate interventions outside of justice.
For the federal government's part, a second phase of legislative review Is well underway. One of its objectives is to ensure that the act promotes effective, community-based responses as much as possible. And a related goal is to ensure that the objective of rehabilitation is enhanced, and that rights and safeguards held by accused young people are adequately preserved.
At this juncture, 1 would wish to say a few words about two other very significant matters, the Law Reform Commission and the Judges Act.
The Law Reform Commission has been involved over some 20 years in developing proposals to reform Canada's laws in such areas as criminal law and procedure, protection of life and administrative law reform. It is to be commended for its contribution to the continuing efforts to keep Canada's laws up to date. But in spite of the Commission's impressive track record, the government believes that there are now more economical and efficient ways of achieving the Commission's objectives. • • -4- P.12/18
- 10 -
The legal world has come a long way in Canada over this period. The capacity of law schools, the Canadian Bar Association, le Barreau du Québec, as well as federal and provincial government departments to develop law reform proposals has increased remarkably.
can assure you that the Department of Justice will maintain the Commission's tradition of consultation with interested parties and Canadians from all walks of life. On this point, recent "Justice consultation initiatives outlined minutes ago -- pertaining to Women and the Law, Aboriginal justice, Sexual Assault Legislation and Firearms -- have illustrated this most clearly and indeed broken new ground.
The Department is also planning to enhance its research capability; including a concerted program Of independent research, so as to continue to benefit from the impressive research capabilities of the academic world and of other legal and social institutions across the Country.
I can assure you that in my role as Attorney General of Canada, I will continue to monitor compliance of federal legislation and regulations with the Charter. The process of examining legislation for Charter compliance is ongoing, since the 1885 Omnibus Charter Amendment Bill. Also, ait major government policy proposals going to Cabinet are subject to Charter scrutiny. Furthermore, the Department is continuously involved in providing Charter awareness education for its employees and departmental clients. OCT ES '92 17:19 DEPT OF JUSTICE
-11 -
1 would also like to address briefly the Judges Act amendments (Bill C-50) which the Government tabled last December in response to the 1989 Courtois Commission on Judges' Salaries and Benefits. The Commission had recommended an increase in judges' salaries to bring judges to "1975 salary equivalence" as well as the elimination of judges' contributions to their pension plan.
Members will know that these two recommendations were not implemented as the Government had decided to leave judges outside the 0-3 wage restraint program because of judicial independence, and in order to maintain the integrity of the triennial commission process. Subsequently, a Bill was tabled to implement all of the Courtois Commission's substantive recommendations, -- with the exception of the two aforementioned and the guaranteed annuity option.
This Committee will appreciate, I am sure, that there is some urgency for Parliament to pass the Bill, failing which the system of Triennial Commissions, I am afraid, will fall into disrepute.
Having said this, I will speak briefly to some a few major initiatives that are likely to require much attention, time and resources in the months ahead.
The first, extradition, relates to fairness and orotection of society. The importance of extradition related matters -- as well as the need for contemporary extradition legislation -- is continually being underscored by the marked increase in transnational crimes, greater ease of cross-border mobility by fugitives, and complex extradition proceedings.
Phase One review of the Extradition Act and the Fugitive Offenders Act, undertaken by the Department of Justice in 1990, is well under way with Bill C-31 ks -- which aims at streamlining the appeal process -- currently in the Senate. In a - 12 -
nutshell, this Bill reduces delays considerably in handling requests for extradition, while, at the same time, ensuring a fair process for persons wanted by a foreign state.
Work in relation to Phase Two is also well advanced. A Working Group of inside and outside experts has been studying the many issues involved. And at this juncture, l can say affirmatively that major changes will be required to update the current Extradition Legislation, thereby permitting Canada to comply with its international treaty obligations. Therefore, a brand new Act is foreseen, as opposed to amendments to existing legislation.
The new Act should apply to all types of requests for extradition presented by a Commonwealth state or by a foreign state pursuant to a specific agreement, in addition to setting out detailed procedures governing the whole procesà, including the pre-hearing and hearing itself.
We believe the Act ought to contain evidentiary rules applicable to documents obtained from a foreign state, in full compliance with the Commonwealth scheme In this respect. it should provide specific guidelines for extradition judges in deciding whether the person sought should be ordered to await surrender to the requesting state, and specify the factors for the Minister of Justice to consider in deciding vvhether to surrender the person sought.
Finally, the Act should harmonize the refugee and extradition processes in such cases in order to avoid delay and a multiplicity of proceedings, as well as allow the temporary surrender and reception of fugitives -- who have been incarcerated for other offenses -- for purpose of prosecution. - • C_ . r- o".
- 13 -
As you can appreciate, the task is far-reaching and ambitious, but I am confident that these changes to Canadian law will allow extradition cases to be dealt with more fairly and more promptly in the near future.
The second major initiative, and one obviously linked to fairness, is the Canadian Charter of Rights and Freedoms which celebrated recently its Tenth Anniversary. The responsibility to ensure that federal legislation is consistent with the Charter is one that I take very seriously. The process for reviewing new policy proposals and new bills and reguiations is reasonably well established and has a statutory basis in the Department of Justice act and the Statutory Instruments Act.
Since the proclamation of the Charter in 1982, the Department of Justice has also recognized a responsibility to review existing legislation. This is an enormous undertaking and we have therefore tried to concentrate on potential problem areas.
Our review of existing government legislation will proceed as rapidly as resources permit. We are working closely with officials from Depariments responsible for the legislation and together we will determine what changes are necessary. We are currently reviewing legislation in four areas: Health and Welfare Programs; Indian Programs; the Income Tax Act; and Department of Veterans' Affairs 'Diagrams.
Thirdly, -- and in keeping with this Government's strong commitment to human rights -- an important p .riority for me and the Department of Justice is the review of the Canadian Human Flights Act. We have been working hard on the review. • - 14 -
Among the major issues under consideration is Reassmable Acc_pmmociation whereby an obligation of accommodation would be added to the Act to give effect to the commitment in Toward Eauality.
Several other issues are also being examined. We are reviewing the scope of the Act, including potential new grounds of discrimination, such as sexual orientation. Other aspects under consideration are the powers of the Canadian Human Rights Commission, procedures, and remedies. We are making good progress with our review, and 1 hope to be in a position soon to move ahead with changes to the Act.
Now I would like to turn for a moment to the difficult issue of the use of deadly force and its obvious linkage with the recent unrest and violence in the streets of Toronto, a question that affects us all as Canadian citizens.
It is obvious that there is a problem when persons do not feel safe in our city streets. This is why we must continue to apply ourselves vigorously at not only making Canadian communities safer but also at restoring public confidence in the systems and institutions that are there to protect them.
I believe that the rule of law is a fundamental pillar of democratic society. So, preserving the credibility of the rule of law is fundamental for the continued legitimacy of democratic society.
When I rose in the House last Tuesday evening to speak on this matter during a special debate, I said that I hoped to be in a position to introduce a legislative proposal that would deal with the use of deadly force. I indicated that • this could be done through amendment of subsection 25(4) of the Criminal Code, I P.17/1B
,•
- 15 -
to amend the so-called "fleeing felon" rule. It is my hope that a legislative proposal on this issue may be introduced in the House of Commons either before the summer recess or in the early Fall.
The proposal would seek to achieve three objectives. One, to maintain the ability of peace officers to protect themselves and the public from serious harm or death. Two, to help ensure that peace officers respond to the threat posed by the fleeing suspect in a manner that is proportionate to its seriousness, is just and is in keeping with public values. And third, to provide clear direction to peace officers by updating out-of-date legislation.
The new standard would provide police with sufficient guidance and strike a balance between police powers for law enforcement and the right of citizens to protection from abuse of power.
In working toward a more inclusive system of justice for all Canadians, -- and in keeping with its obligations under the Canada Multiculturalism Act -- Department of Justice faces a major challenge. This challenge consists in ensuring that all Canadians enjoy equal access to justice, by meeting the special needs of multicultural groups, where appropriate.
In June 1990, I called on the Law Reform Commission to study.the Criminal Code and related statutes and to examine the extent to which those 'laws ensure that aboriginal persons and persons in Canada who are members of cultural or religious minorities have equal access tq justice and are treated equitably and with respect. I have now asked my officials to continue that work, and in particular to focus on the more pressing issues, such as discrimination in the justice system, the effectiveness of complaint and redress mechanisms, and the need for a jury ' selection process that is more attuned to the multiCultural reality of Canada. • - 16 -
I have also asked my Deputy Minister to raise at an upcoming Federal- Provincial-Territorial meeting in Winnipeg the need for an inter-governmental task force to ensure concerted action is taken in dealing with these pressing issues.
In closing, Mr. Chairman, I wish to add that the Department of Justice and I will continue to be involved and to face many challenges in the year ahead. The events of the next few months -- the constitutional file in particular -- will, as you know, be of crucial and determining importance for all Canadians and the governments that represent them.
But throughout these difficult times, we will not allow ourselves to lose sight of the objectives, knowing full well that the resolution of even the most difficult policy issues must be based on the fullness of the debate.
The importance of task at hand is a strong motivating factor in the pursuit of the highest possible standard of justice. And I am convinced that we will make progress in ensuring that the system of Justice in Canada responds to the needs of the Canadian people.
Mr. Chairman, I would now be happy to answer the questions that members
of this Committee would like to ask me.
Thank youl • - 30 - 013/21/9 1 12:49
Office of trie Cabinet du Prime Ministef Premier ministre • CAMA04 Release
Date; AllgU3t 27, 1991 For re(ease: Immediate
ROYAL COMMISSION ON ABORIGINAL PEOPLES
Prime Minister Brian Mulroney today announced the establishment of the Royal Commission on Aboriginal Peoples, to be co-chaired by Georges Erasmus, former National Chief of the Assembly of First Nations and the Honourable René Dussault, Justice of the Quebec Court of Appeal. The other members of the Commission appointed today are: • The Honourable Allan Blakeney, former Premier. of Saskatchewan; • Paul Chartrand, head of the Department of Native Studies, University of Manitoba; Viola Robinson, President of the Native Council of Canada (retiring); • Mary SiIlett, Prezident of the Inuit Women's Association of Canada (retiring) and Vice-president of the Inuit Tapirisat of Canada (retiring); • and the Honourable Bertha Wilson, former Justice of the Supreme Court of Canada. The executive director will be Jean T. Fournier, cturently Under-Secretary of State with the Secretary of State of Canada. The Royal Commission, established by Order in Council (copy attached) will examine a broad range of issues concerning aboriginal peoples in Canada. The terms of reference were recommended by former Chief Justice Brian Dickson, who served as the Prime Minister's special representative and con.sulted widely on the mandate and membership-of the Commission. The Prime Minister believes that full participation of Canada's aborigina. peoples in the country's economic prosperity and political life is a goal shared by al: Ca.nadians. The establishment of the Royal Commission, one of the key elements of - e government's Native Agenda, reflects this shared goal. The Royal Commission will complement, and not substitute for, current efforts at constitutional reform. -2- • In thanking former Chief Justice Dickson, the Prime Minister expressed particular appreciation for the tiznelineu of his report and the sensitivity to aboriginal concerns displayed in the recommendations.
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For further idol-Minion:
Department of Indian Affairs and Northern Development Contact: Manila Quinn, 613-997-0002 Department of Justice Contact: Owen Lippert, 613-992-1246 Cbief Justice Dickson Contact: Stephen J. Toope, 514-398-6642 8/27/91 12:50
Certified to he a truc copy of à Minute of a Meeting of the Committee of the Privy Council. appmved by 1-lis Excellency the Governor General
Cmeet on the 26th day of August, 1 991 .0014Y COUNC/1.
The Committee of thw Privy Council, on the recommendation of the Prime Minister, advise that a Commission do issue under Part I of the Inquiries Act and under the Great Seal of Canada appointing: (a) the Honourable Allan Blakeney of Saskatoon, Saskatchewan
(b) Paul Chartrand of Winnipeg, Manitoba (c) the Honourable René Dussault of Sillery, Quebec (d) Georges Erasmus of Yellowknife, Northwest Territories (e) Viola Robinson of Tatamagouche, Nova Scotia, (f) Mary Sillett of Happy Valley-Goose Bay, Labrador, and
(g) the Honourable Bertha Wilson of Ottawa, Ontario to inquire into and report upon the matters set out in Pages 10 to 18 of the report dated Auguet 2, 1991 to the Prime Minister from the Right Honourable Brian Dickson attached hereto as Schedule I, and Ile Committee do further advise that: (1) pursuant to section 56 of the Judges Act, the Honourable René Dussault, be authorized to act as a Commissioner in the inquiry; (2) the Commissioners be authorized to adopt such procedures and methods as they may consider expedient for the proper conduct of the inquiry and to sit at such times and in such places as they may decide, especially in aboriginal communities across Canada;
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(3) the Commissioners be authorized to create regional or issue-specific task forces or advisory bodies as they deem appropriate to assist them in the eXaminatiOn of any aspect of their terms of reference; (4) the Commissioners be authorized to commission and publish special studies or commentarieS as may be appropriate from time to time; (5) the Commissioners be authorized to invite an aboriginal person selected by his or her community to sit as a special advisor to the Commission, without reciuneration, for days on which the commission chooses to sit in an aboriginal community: (6) the Commissioners be authoriZed to rent such space and facilities as may be required,for the purpos•s of the inquiry, in accordance with Treasury Board policies: (7) the Commissioners be authorized to engage the services of such experts and other persons as are referred to in section 11 of the Inquiries Act, at such rates of remuneration and reimbursement as may be approved by the Treasury Board; (8) the Commissioners be directed to govern their inquiry by the considerations set out in pages 24 to 26 of the report to the Prime Minister from the Right Honourable Brian Dickson attached hereto as Schedule II; (9) the Commissioners be authorized to submit interim reports on specific issues as they deem necessary to the Governor in Council in both official languages; (10) the Commissioners be directed to submit a final report to the Governor in Council in both otlicial languages with all reasonable dispatch: . • .3 • P.C. 1991-1597 • 3
(11) the Commissioners be directed to file the records and papers of the inquiry as soon as reasonably may be after the conclusion of the inquiry with the Clerk of the Privy CouhciL: and The Committee do further advise that the inquiry bu known as the Royal Commission on Aboriginal Peoples, that the Honourable Rani Dussault and Georges Erasmus be Chairpersons of the Commission, and that Jean T. Fournier of Ottawa, Ontario be appointed Executive Director of the Commission.
CCRTirICO TO 8E A TPui r:OPy OPiC (- FAT r ;;
Ct (Rot OP' TliC PRIVY t'OtINCIt. L. uenrrit,,m Ou . eJ•• • • P.C. 1991-1S97
SCHEDULE Terms of Referlare
"The Commission of Inquiry should investigate the evolution of the relationship among aboriginal peoples (Indian, Inuit and / Métis), the Canadian government, and Canadian society as a whole. It should propose specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront aboriginal people. today. The Commission should examine all issues which it deems to be relevant to any or all of the aboriginal peoples of canada, and in particular, should investigate and make concrete recommendations concerning: 1.. The history of relations between aboriginal peoplea, the Canadian government and Canadian society as a whole. This investigation may include studies of historical patterns of aboriginal settlement and governance, the Royal Proclamation of 1763, the development and interpretation of pre- and post-confederation aboriginal treaties, the evolution of political arrangements in the North, and social tensions which have characterized the relationship between aboriginal,and other Canadian .communities. Building upon this historical analysis, the Commission may make recommendations promoting reconciliation between aboriginal peoples and Canadian society as a whole, and may suggest means by which aboriginal spirituality, history and ceremony can be better integrated into the public and ceremonial life of the country. 2. The recognition and affirmation of aboriginal self- government; its origins, content and a strategy for progressive implementation. The Commission's investigation of self-government may focus upon the political relationship between aboriginal peoples and the canadian state. . Although self-government is a complex concept, with many variations, the essential task is to break the pattern of paternalism which has characterized the relationship between aboriginal peoples and the Canadian government. The Commission should review models of self-government which have been developed in Canada and around the world, and should make recommendations concerning fiscal arrangements and economic development initiatives necessary for successful transitions to self-government. The scope, effect and future elaboration of ss. 25 and 35 of the Constitution ,àct 1102 may be evaluated. 3. The land base for aboriginal peoples, including the process for resolving comprehensive and specific claims, whether rooted in Canadian constitutional instruments, treaties or in abor1gin3. title. • • The Commission may investigate and explain the deep spiritual and cultural tien which bind aboriginal peoples to the land, the relationahip between an adequate land base and economic development, and the importance of environmental protection. It may also outline appropriate process•s for the settlement of outstanding comprehensive and specific claims. The scope, effect and future elaboration of ss. 25 and 35 of the reneirLuSilion&114. 198/ may be evaluated in relation to the land base as well as to self-government. 4. The historical interpretation and application, and potential future scope, of a. 91(24) of the Constitutional Act. 1.867 and the responsibilities of the Canadian Crown. An investigation of s. 91(24) may include examination of the internal political organization of aboriginal communities, the obligations of the federal Crown towards aboriginal people, the representation of aboriginal people in Canadian political institutions, and the relationship and potential for conflict between s. 91(24) and aboriginal notions of law and the legal process. 5. The legal statue, implementation and future evolution of aboriginal treaties, including modern-day agreements. • An investigation of the historic practices of treaty-making may be undertaken by the Commission, as well as an analysis of treaty implementation and interpretation. The Commission may also want to consider mechanisms to ensure that all treaties ar s . in the future. honoured 6. The constitutional and legal position of the Mitis and off- reserve Indians. The Commiasion may examine legislative jurisdiction concerning the Mitis and Non-Status Indians, and investigate the economic base of, and the provision of government services to, these people and to off-reserve and urban Indiana. 7. The special difficulties of aboriginal people who live in the North. The Commission may investigate the difficulties and cost of communications and transport, issues of environmental protecticr sustainable economic and social development, access to natural resources, and any àifferential treatment of northern aborigine: people by the - Canadian and Territorial Governments. • - 3 .
8. The Indian Act and'the role, responsibilities and policies of the Department of Indian Affairs and Northern Development (DIAND). The Commission may investigate in particular the legislative scheme of the Indian Act, the relationship between that scheme and the evolving policies of DIAND, the theory of aboriginal- government relations implicit in the Indian Act, and the future of the Act and of DIAND. All of these could be examined to determine whether existing federal legislation and administrative practices are consistent with evolving theories of Canadian law, including aboriginal and treaty rights. _- 9. Social issues of concern to aboriginal peoples. In particular, the Cofflission may study and make concrete recommendations to improve the quality of lit, for aboriginal peoples living on reserve, in native settlements and communities, and in rural areas and cities. Issues of concern include, but are not limited to: poverty, unemployment and underemployment, access to health care and health'concerns generally, alcohol and substance abuse, sub-standard housing, high suicide rates, child care, child welfare, and family violence. 10. Economic issues of concern to aboriginal peoples. The Commission may investigate the problems of developing a viable economic base for aboriginal peoples, unemployment, access to labour markets, discrimination in employment, taxation and custom duties. 11. Cultural issues of concern to aboriginal peoples. In particular, the Commission may investigate the protection and promotion of aboriginal languages, recognition by Canadian society and institutions of the intrinsic value of aboriginal spirituality, recognition by Canadian society and institutions of the intrinsic value of aboriginal family structures and child care patterns, and the protection of traditional hunting, fishing and trapping ways of life. 12. The position and role of aboriginal elders. -1 The Commission may examine the social and economic conditions of elders as a group, their traditional role in aboriginal societies and whether existing laws and governmental practices respect and accommodate that role, and the continuing role for elders in aboriginal societies. • 13. The position and role of aboriginal women under existing social conditions and legal arrangements, and in the future. The Commission may examine, in particular, issues related to financial and property provisions upon divorce, access to the labour market, def initions of membership in aboriginal groups, and the rois of native women in political institutions in their own communities and in non-native society. 14. The situation of aboriginal youth. The Commission may investigate access to education, access to community leisure and sports facilities, alcohol and substance abuse, suicide amongst youth, and funding for youth programmes. The Commission may also focus upon means of enhancing and promoting a positive self-image in aboriginal youth, especially in the way they view the relationship between their historical and cultural roots and contemporary educational institutions. 15. Educational issues of concern to aboriginal peoples. In particular, the Commission may investigate aboriginal control over primary and secondary education on reserves and in native communities (including issues of funding), the promotion and protection of aboriginal cultural identity in educational • institutions (including institutions where aboriginal students are a minority group), the encouragement of aboriginal children to complets secondary education, and access to and funding for post-secondary education (including college, university and technical training). 16. Justice issues of concern to aboriginal peoples.11 In particular, the Commission may investigate and make concrets recommendations concerning the relationships between aboriginal people and the police (with the policing function broadly conceived to include dispute resolution and community service), the promotion of respect for aboriginal people and culture within the justice system, techniques to aid aboriginal people in comprehending court processes especially'through the provision of interpretation services, means to decrease the rate of incarceration of aboriginal offenders, methods to improve conditions of incarceration for aboriginal offenders, and the potential to elaborate aboriginal justice systems and to incorporate principles of aboriginal legal culture into the Canadian justice sysiem." • 08/27/91 12:53 P.C. 1991-1597
5CHEDULE I/ ( 1 ) dattaraLIDL-tht....12.zal_Semmixaisan
There was widespread agreement among the people with whom I consulted on the following points: (a) Although, in deference to the constitutional reform processes, / have tried to avoid framing 'constitutional' Terms of Reference, it is inevitable that constitutional issues will arise under some of the Terms of Reference. There is a real potential for confusion, duplication, inefficiency and waste which needs to be avoided. In terms of timing, it is essential that the Commission which has much importànt work to do, some of which may touch on constitutional issues, provide any recommendations it may have on constitutional reform issues in a timely fashion. (b) The Royal Commission should consider travelling extensively to native communities throughout Canada. Native people do not want to be studied: rather they want to meet the Commissioners and tell their stories in person, preferably in the communities in which they live. (c) The Royal Commission may want to consider sitting in smaller panels (e.g. panels of two or three members for 11111 some of its hearings. This might permit wider public access to the Commission, encourage a deeper consideration of some issues, and save money. (d) The Terms of Reference for the Royal Commission contain a provision authorizing the release of interim reports. The Commission might find this mechanism particularly appropriate if its recommendations on certain topics would be useful in other public policy fora such as the constitutioàal reform processes. (e) The Royal Commission might want to consider the possibility of an advisory role for native elders. The position and role of eiders are highly valued and honoured in most native communities. Elders might be able to assist the Commission in its communication with native communities and in its understanding of native traditions and values. 08/27/91 12:54
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(f) The Royal Commission should consider carefully the questions of timing and expense. Although Royal Commissions have played an important role in Canadian public life, the perception of many ordinary Canadians is that they move slowly and cost a lot. The Commission must address these two issues creatively. (9) Perhaps most importantly, the Royal Commission should seriously try to identify and articulate solutions to current problems. Many of the problems ere well-known and well-documented; further itudy would be superfluous and condescending. On the other hand, a Commission genuinely focused on trying to discover solutions t6 those problems would be a valuable enterprise indeed. I agree with Professor David Newhouse of the Department of Native Management at Trent University who wrote to me in theee terms: It is important that the Commission carry out its work with both a knowledge of the history of aboriginal people and our future goals and to use that knowledge to inform and guide its work. The Commission should not be another study of the problems facing aboriginal people, for these have been well documented in numerous reports, studies, and presentations. In addition, there have been many solutions proposed by a variety of individuals, groups and associations, both aboriginal and non-aboriginal. Soma of these solutions are currently being tried within our communities with varying degrees of success. What is important at this time is that the commission examine the various solutions, efforts and activities and point the way for Canadians to support the continued development of aboriginal communities.
rç , 1-11-- ce.7 r:55 NO.000 g02
■■ ■ 04 ".••• •••••• , 99 , 92 09:41 b I J9990 le375 33.2
Royal COMM1bblUfl oil Cornrnission royale sur Aboriginal People, les peuples nutochtones • AHAI1A PRESS RELZASE
(Ottawa • April et 1992) The Royal Commission on Aboriginal Peoples begins its hearings later
this month in Winnipeg with a major gatheting of elders and wisdom keepers. On April 211992 O Winnipeg's Fort Carry Place will be the site of the launch of the enniudision'i. public hearings.
"Our purpose is to bring together Aboriginal and non-Aboriginal people to begin setting out the details of a now relationship." uid 0o-Chair Rend Dussault.
Phil Fontaine, Orand Chief of the Assembly of Manitoba Chiefs; .YvoriDumont, President of the Manitoba /vidds.Pederadon and other Aboriginal leaders from across Manitoba will make Presentations tlutughout the week with Max Yalden, Chief Commirsioner of the Canadian Human Rights Commission; The Right Honourable Brian Dickson, former Chief Justice of Canada; and the Socidtd Franco-Manitobaine.
"Our whoic process (rom beginning to end, will be a public education exercise, Our meetings are open and we invite you to witness the event and learn about each other," said Games Ernsmut, Co•Chair.
...n P.O. Box 1993, Station "B" C.P. 1993, Succursale "8" Ottawa, Canada K1P 182 Ottawa, Canada K1P 182
(613) 943-201S FAX: (613) 943-2076 04/13/92 11:53 ROYAL COMMISSION 4 613 990 9295 NO.000 PO: . MR.O.MOIMMeMmabWi M 04#'09r92 09:41 6139990323Yr) 033
The Commission will spend Friday the 24th visidng various Aboriginal institutions, such as the Children of the Eanh High School, an altemadve school for Aboriginal youth, We will also visit the Aboriginal inmates of the Stoney Mountain Penitentiary.
"Vec are going= dour VOIW;y #1, go. tu dose people who would nOt Otherwise cornetous e and to places whom Aborigireal people rxmgregate,* added Co-Chair Erasmus.
The timing and location of the launch is significant in that April 17, 1992 is the tenth anniversary of the Consdtudonal entrenchment of seed= 33, which recognizes and affirms existing Aboriginal rights, and April 22nd is Ilarth Day. • •111 The city of Winnipeg, considered to be the gateway to the West was oboeen because of its historical associadon with the evolution of the Ividds Nation. It is also the gengrap. ventre of Canada and 'nude Island, the name by which many Aborigine' peoples tradidonally refer to North America.
• During the first round of hearinp, which will wrap up in June, direct teams of Commissioners will visit 37 communides in all resiCens of the country including the North. .
The Royal Commission on Aboriginal Peoples was announced by the Prime Minister on August 27, 1991. Ii has a broad mandate to review all issues regarding Aboriginal peoples.
For additional information, call Dan Gasp& Dinetor of Communications at (613) 943-8415 - 30 - • Attachment: Detailed itinerary t
É? ; Opening Statements on the Occasion of the Launch of the Public Hearings of the Royal Commission on 1 Aboriginal Peoples
Winnipeg, Manitoba April 21, 1992
rr,
O Opening Statements by The Right Honourable Brian Dickson Former Chief Justice of Canada and the Co-Chairs of the Royal Commission on Aboriginal Peoples, Georges Erasmus and René Dussault, on the occasion of the Launch of the Public Hearings of the Royal Commission on Aboriginal Peoples
Winnipeg, Manitoba April 21, 1992
IN*• • • Opening Statement by The Right Honourable Brian Dickson Former Chief Justice of Canada
Justice Sinclair, Co-Chairmen, members of the Royal Commission on Aboriginal Peoples, Elders, Chiefs, Ladies & Gentlemen. I have been asked to speak to you this morning on The Genesis of the Royal Commission on Aboriginal Peoples, in other words, how did the Commission come to be created. On April 23, 1991, the Prime Minister, the Right Honourable Brian Mulroney, delivered a major address at the First Nations Congress in • Victoria, British Columbia in which he announced that the government would establish a Royal Commission to examine certain Aboriginal issues. He said: The government will proceed to appoint a Royal Commission to examine the economic, social and cultural situation of the Aboriginal peoples of the country. The Royal Commission should not be seen as a substitute for constitutional reform which is another important part of the answer in resolving the problems of the Aboriginal peoples. The government acted upon that announcement in the Speech from the Throne to open the Thirty-Fourth Parliament of Canada on May 13, 1991. The speech stated:
1 • The full participation of Canada's Aboriginal peoples in Canada's economic prosperity and political life is a goal shared across the To put to respond • country. itself in a position more effectively to the needs of the Aboriginal peoples in Canada, my government will appoint the Right Honourable Brian Dickson, former Chief Justice of the Supreme Court of Canada, to serve as a special representative of the Prime Minister in order to consult widely on the terms of refer- ence and membership of the Royal Commission announced recently and report back to my government. Particular care will be taken to ensure that the Commission neither delays nor negates cOnstitutional, legislative or other reforms already under way. These reforms include land claim settlements, community development initiatives, education and other activities launched during the second session of the Thirty-Fourth Parliament. In cooperation with Indian people themselves, my government will explore alternatives to the Indian Act, especially concerning land, monies and self-government. Finally, my government will consult Aboriginal Canadians on changes in the system of administering justice. The goal is to ■,vork with Canada's Aboriginal peoples so that they control fheir own lives, can contribute to Canadian prosperity and can share fully in it. The Speech from the Throne mandated me to "consult widely" on the terms of reference and membership of the Royal Commission. I took very seriously this instruction to consult widely. f explained the nature and extent of those consultations to the Prime Minister. I began by requesting meetings with six major national Aboriginal groups. All responded affirm- • atively to my request. Within two weeks of my appointment I held long and productive meetings with the leadership of the Assembly of First Nations, the Native Council of Canada, the Metis National Council, the Inuit Tapirisat of Canada, the National Association of Friendship Centres and the Native Women's Association of Canada. I also attended, at the invitation of the national leaders, the annual meetings of the Assembly of First Nations and the Native Council of Canada here in Winnipeg last June 11-12, and met with the full board of the Inuit Tapirisat of Canada in Ottawa on June 13. On the morning of June 12 I had breakfast with Ovide Mercredi, elected a few hours earlier as Grand Chief of the Assembly of First Nations, and his executive. After breakfast I met with some hundreds of chiefs who attended the meeting.
2
• • After those first meetings, I kept in close contact and held many additional meetings with these representational Aboriginal groups. I thought it important also to solicit the views and advice of native leaders and other natives not connected to the national organizations. I did this in two ways. First. I asked the national organizations for lists of local groups and leading native individuals so that I could write to all of them. Secondly, I adopted an open-door policy at my Ottawa office — in late May and throughout June I met with every native group and individual who requested a meeting. I also formed the opinion that I needed the benefit of the views of acknow- ledged experts in many aspects of native life. I asked various native leaders and a number of leading academics to identify those experts for me and I then wrote to all of them. Additionally, the Privy Council Office placed an advertisement in the major national newspapers and in all of the native newspapers of which we were aware. As \yell. I issued a press release on May 27. Both the advertisement and the press release invited Canadians to write to me with their advice about the mandate and composition of the Royal Commission. The results of this consultation process were that between May 18 and July 5 I held meetings \vith 57 native groups or individuals, experts, federal cabinet ministers, all seven native parliamentarians, senior public servants and other Canadians. I sent 1,682 letters to individual natives and received 165 replies. I sent 12 letter to the provincial and territorial heads of govern- ment and received 9 replies. I sent 291 letters to experts and to major • organizations interested in native issues and received 153 replies. Finally, I received 207 submissions in response to the advertisement placed in the newspapers by the Privy Council Office. I did my best to listen carefully to, and to understand the views expressed by, the hundreds of peoples who met with me. I also tried to digest the large number of written submissions that I received. Based on all of these meetings and submissions I was ready to provide the Prime Minister with my advice on the two matters left with me — the terms of reference or mandate of the Commission, and the composition or membership of the Commission.
3 In my report to the Prime Minister, I said that the Royal Commission on Aboriginal Peoples presented a real, and rare, opportunity to improve the lives of Canada's one million native people, and thereby the lives of all Canadians. I agreed with Mr. John Amagoalik, the highly respected former president of the Inuit Tapirisat of Canada, who wrote to me in these terms: I feel the Aboriginal peoples of Canada are at an important crossroads. Things can either begin to improve or else the original citizens of this country will sink further into despair and hopelessness. I said to the Prime Minister that if the mandate of the Royal Commission were a good one and if the Commission were composed of truly outstand- ing people, then its report and recommendations should be of great value to governments and to ordinary citizens.
• • A. Terms of Reference I became convinced during the process of consultation in which I vas en- gaged that the terms of reference for the Royal Commission on Aboriginal Peoples should be broad and comprehensive, as the issues facing the Commission wei.e difficult, multifaceted, and interrelated. Not all regions or groups shared the same concerns. It would be impossible and counter- productive to limit artificially the scope of the Commission's work. I therefore recommended that the Commission should investigate the evolution of the relationship among Aboriginal peoples (Indian, Inuit and Metis), the Canadian government, and Canadian society as a whole and it should propose specific solutions, rooted in domestic and international experience, to the problems which plagued those relationships and which confronted Aboriginal peoples. I advised the Prime Minister that the Commission should examine all issues which it deemed relevant to any or all of the Aboriginal peoples of Canada, and in particular, should investigate and make concrete recommendations concerning some sixteen specifi c. issues including the history of relations between Aboriginal peoples, the Canadian government and Canadian society as a whole; the recognition and affirmation of Aboriginal self-government, its origins, content and a stra- tegy for progressive implementation; the land base for Aboriginal peoples, including the process for resolving comprehensive and specific claims, whether rooted in Canadian constitutional instruments, treaties or in Aboriginal title; the historical interpretation and application, and potential
4 • future scope of S. 91(24) of the Constitution Act, 1867 and the responsibili- • ties of the Canadian Crown; the legal status, implementation and future evolution of Aboriginal treaties, including modern-day agreements; the constitutional and legal position of the Metis and off-reserve Indians; the special difficulties of Aboriginal people who live in the north; the Indian Act and the role, responsibilities and policies of the Department of Indian Affairs and Northern Development; social issues; economic issues; the position and role of Aboriginal elders; the position and role of Aboriginal women; the situation of Aboriginal youth. I told the Prime Minister that during my consultations almost 480 people were recommended to me as potential commissioners. Because so many outstanding people were brought to my attention, my final recommenda- tions for membership on the Commission were arrived at only after difficult deliberation. I was confident that the people I recommended were accomp- lished, forthright and of good will. They were people who would work constructively to find solutions to problems. They came from very different backgrounds, but were widely acclaimed by many people who wrote to me from across the country. They shared a common determination to make this Royal Commission a positive force for change and reconciliation. Everything that I have heard or read about the work of the Commission to date has tended to confirm those views. I chose to recommend a seven-member Royal Commission, with four Aboriginal members and three non-Aboriginal members. A seven-member Commission allowed for appropriate contributions from the various Aboriginal communities — status Indians on reserve, urban and off-reserve Indians, Metis and Inuit. It also provided the opportunity to consider the important issues of geographic, linguistic and gender balance. I was confident that the diversity of background and experience of those I recommended would lead to fruitful discussions and broadly-supported conclusions. I recommended the following people for appointment to the Royal Commission on Aboriginal Peoples (in alphabetical order): Allan Blakeney, former Premier of Saskatchewan (Saskatchewan); René Dussault, Justice of the Quebec Court of Appeal (Quebec); Paul Chartrand, Head of the Department of Native Studies, University of Manitoba (Manitoba);
5 • Georges Erasmus, former National Chief of Assembly of First Nations (Northwest Territories); • Viola Robinson, former President of the Native Council of Canada (Nova Scotia); Mary Sillett, former President of the Inuit Women's Association of Canada and former Vice-President of the Inuit Tapirisat of Canada (Newfoundland and Labrador); Bertha Wilson, former Justice of the Supreme Court of Canada (Ontario). Finally, I recommended that Mr. Justice René Dussault and Mr. Georges Erasmus Co-Chair the Commission. On August 26 last a federal Order-in-Council was passed appointing the seven people, whom I have named, to inquire into and report upon the matteiS set out in my report of August 2, 1991 to the Prime Minister. Last month I was asked to attend and speak at a conference on First Peoples and the Constitution held in Ottawa March 13 — 15, 1992, co-chaired by the Honourable Joseph A. Ghiz, Premier, Prince Edward Island and Mary Simon, President, Inuit Circumpolar Conference. The conference brought together 184 participants who met in formal and informal dialogue o\)er the course of three days. The four national Aboriginal associations chose half of the participants from their own membership from all regions of Canada. Women made up close tc:i half of the participants. The conference opened one day after Mr. Clark, the Federal Minister responsible for Constitutional Affairs and four premiers invited representatives of the Aboriginal peoples to be full participants in the constitutional process. The conference opened • two days after a unanimous resolution of parliament to record the contri- bution of Metis Leader Louis Riel as a founder of Manitoba and Canada. In their conference report, Mr. Ghiz and Ms. Simon said: We think that the conference bears witness to a profound and remarkable change in the position of the First Nations in Canada. It is the fruit of the exceptional efforts and talents demonstrated by the Aboriginal peoples and their chiefs in the last few years. Furthermore, it shows the strength and richness of the Aboriginal cultures and societies, which have survived centuries of injustice. It also proves
6 • that non-Aboriginal Canadians have changed. In the eyes of many • Canadians, ensuring that justice is served to Aboriginal peoples is one of the determining factors in the validity of any constitutional renewal. Just a few years ago, such a change would have been unthinkable, on either side. Mr. Ghiz and Ms. Simon added: A number of participants pointed out that by establishing strong Aboriginal governments and by respecting the rights of Aboriginals, we will build a stronger Canada. And we must have a stronger Canada, a united Canada. to guarantee justice for Aboriginal peoples, because the well-being of the whole country dépends on the well-being of Aboriginals. As one participant said, let's now turn our attention to ensuring that all Canadians are equal. In the course of my remarks to the conference I noted that on February 13th, the Royal Commission on Aboriginal Peoples had published a commentary entitled "The Right of Aboriginal Self-Government and the Constitution" in which it was suggested that any new constitutional provision dealing with the Aboriginal right of self-government should satisfy six criteria. It should indicate that the right is inherent in nature, circumscribed in extent, and sovereign within its sphere. The provision should be adopted with the consent of the Aboriginal peoples, and should be consistent with the view that section 35 may already recognize a right of self-government. Finally, it should be justiciable immediately. • As to the scope of inherent self-government the Commission had this to say: The right should be described in such a way as to make it clear that it is circumscribed rather than uncircumscribed in its extent; as such it recognizes Aboriginal government as co-existing under the constitu- tion with federal and provincial governments, which also hold limited powers. If it were not circumscribed, Aboriginal governments would possess unlimited competence in all subject areas, including defence and international affairs. None of the national Aboriginal organizations have advocated such a course.
7 • The report of the special joint committee on a renewed Canada, the "Beaudoin-Dobbie Committee", under the heading of Aboriginal Self- • Government, contains the following passage: The Committee also benefitted from the thoughtful analysis of the Royal Commission on Aboriginal Peoples, which published its com- mentary on February 13th, 1992. We endorse their six criteria for the entrenchment of the Aboriginal right to self-government. I read with interest the compendium of reports on the Renewal of Canada conferences held at Halifax, Calgary, Montreal, Toronto and Vancouver during January and February. The report on the final conference, signed by Co-Chairs Rosalie Silberman Abella, L. Yves Fortier and Peter Lougheed reads: Participants enthusiastically endorsed the idea that the inherent right of Aboriginal peoples to self-government should be entrenched in the Constitution. And, like Quebec's distinct society, it must be more than an 'empty box'. It must include not only jurisdictional powers, but also land, resources, and protection of Aboriginal languages. The right to self-government should be exercised within the Canadian federation. In his concluding remarks Peter Lougheed said: Clearly, the Aboriginal peoples have made their case, and made their case well, that it is time to recognize their inherent right of self- government. And that's been done splendidly. In a recent article John Amagoalik, writing in the Nunatsiaq News said: • Canada is a nation admired and envied by people from all over the world. It is seen by others as a fair nation — a prosperous country — and a land of opportunity and potential. Except for its treatment of its Aboriginal peoples, Canada compares well with almost any nation in the world. Canada is at a crossroads. We have an opportunity to mature into a nation which respects human rights, respects the rich diversities of humankind, and a nation where different peoples can live side by side and share the wealth of this beautiful land. I share those views.
8 • • An editorial published in the Ottawa Citizen on March 27 reads in part: Although the Royal Commission on Aboriginal Peoples may have been set up originally as a delaying tactic by the government, the full participation by native Canadians in the constitutional process has changed the picture. The Royal Commission, with a majority of Aboriginal Commissioners, can issue interim reports and set up its own task forces to examine every facet of Aboriginal life in the country. If Canada's first people want to use it, it could help them find the new place they deserve in their land. In concluding my report to the Prime Minister I said that I firmly believed the proposed Royal Commission had the potential to be an important instrument of education and reconciliation. I agreed with Sister Anne Campbell of the Presentation Sisters of Newfoundland and Labrador who wrote to me in these terms: This is a most crucial time with relations between First Nations and the Canadian government. The climate within the Canadian non- native public as a whole would seem to be highly in favour of addressing the injustices suffered by native people. The Royal Commission must take this crucial opportunity to offer concrete solutions for real social and political change that will translate into a more just and equitable standard of living and preferred future for native people. I said to the Prime Minister that I had no doubt that if the Royal Commission adhered to some of Sister Campbell's themes — the willingness of non-native Canadians to be educated about and support solutions to the injustices of the past, and a commitment to identify and articulate concrete solutions to those injustices — it would help to fashion a new compact between the Aboriginal and non-Aboriginal peoples of Canada. I have no doubt that Aboriginal people and non-Aboriginal people, working in harmony and mutual respect, through the Royal Commission, will establish for Aboriginal people a more secure place and richer lives in the Canada of tomorrow.
9 • ,Opening Statement by Co-Chairs Georges Erasmus and René Dassault
Thank you, good morning, and welcome. • Chief Thunderchild was the last of the Plains Cree chiefs to sign Treaty 6; he did so in 1879.As he contemplated that decision, he spoke the following words: "I had a dream — but I did not beliève this dream — that there would be white men everywhere, overwhelming this land. Today I see it. I love this land greatly, and what is still the Indian's I am resolved to hold fast." Chief Thunderchild believed treaties would allow Indians to hold fast to what was theirs. But that has not been the case. Today, Aboriginal Peoples • are still struggling to hold on to what is theirs. More importantly, they are reclaiming what was theirs before the treaties were signed. Despite the greatest of odds, over the past century Aboriginal Peoples have survived policies of paternalism, suppression, evasion and indifference. These policies have created an enormous gap between Aboriginal and non- Aboriginal people in this country; a gap that must be bridged by both groups, working together.
1 0 • Building a new relationship ,•=rza=r3
This hearing — and the many others that will follow — will help bridge that gap. They will contribute to the reconciliation of Aboriginal and non- Aboriginal people; a reconciliation that must occur if Canadians are to build a new relationship between First Peoples and those who have joined them in this land. A relationship based on partnership, trust, sensitivity and respect; one that will form the basis for a stronger, brighter and more honourable future for Aboriginal Peoples and for all Canadians.
It is fitting that our part in this healing process should begin here in Winnipeg. This is the capital city of a province that was brought into Confederation largely through the efforts of the Metis leader Louis Riel. It is also the geographic centre of Canada and of Turtle Island, the name by which many Aboriginal people know North America. Before Europeans moved into the west, Winnipeg was a traditional gathering site for trade and commerce among Aboriginal people, and it has one of the largest urban Aboriginal populations in Canada today.
1 am pleased to be joining my co-chair, Mr. Dussault, and our fellow Commissioners as we launch the public hearings phase of the Royal Commission on Aboriginal Peoples. We would like to take this opportunity to outline the Commission's role in re-establishing the relationship that was present in early contacts with Europeans, that was formalized in the treaties, and that was confirmed in the Royal Proclamation of 1763. And that was a relationship between equals.
With the Constitution Act, 1982, Canada took an important first step towards contemporary recognition of that relationship. Aboriginal Peoples are now seeking — demanding — that the next steps be taken.
Learning from the past =zz--emigarma
There can be no doubt that when Aboriginal Peoples signed treaties, they did so on a Nation-to-Nation basis.
The Ojibway people, for example, believed treaties were based on four principles: kindness, honesty, sharing and growing strong together. These
1 1 • principles are the four cardinal points of the medicine wheel, and form th • basis for many Aboriginal Peoples' relations with all of creation. But the expectations of the Ojibway and other Aboriginal Peoples were not met, and they have not been met to this day When Indian chiefs began to sign treaties more than three hundred and fifty years ago, they were agreeing to allow Europeans to live among them and to share some of their land. Indian people understood that they would continue to exercise their own laws and maintain their own systems of government. Instead, the institutions and practices that had nurtured Aboriginal Peoples for thousands of years were swept aside. Foreign institutions and practices were imposed on them, and their traditional ways of life were suppressed. The record must be set straight — the facts brought forward — if Canadians are to learn from the past and build for the future. In many cases, the facts are all too clear. Legislation that governs virtually every aspect of daily life should never have been imposed on Aboriginal Peoples. There should never have been residential schools, and the potlatch and Sun Dance should never have been outlawed. Indian women should not have lost their eatus because they married a non-Indian, and Indian men should not have lost their status because thel volunteered to fight for this country. Aboriginal people should not have to prove their legal entitlement to land that they have occupied for thousands of years, or to land that was promised them but never provided. Treaties that allowed for fishing, hunting and trapping should not have been nullified by provincial legislation and international agreements. Foreign concepts of justice should not have been forced on Aboriginal Peoples, with the tragic results that Manitobans and others know all too well.
12 • The Inuit should not have been made to wear tags that set them apart from • the rest of society, and the Metis should never have been made to feel like the forgotten people of Canada. - These are facts — part of the history of this country. But it is not a history that is well understood. And it is not a history that is taught in Canada's schools. Former Chief Justice Brian Dickson recognized that when he recommend- ed that our Commission be given a strong public education role. And we are grateful to him, for without his foresight and humanity, we would not have been given such a broad mandate.
The public education process ''elPjnzen The job of this Commission is to undertake a thorough and objective examination of the facts, and to devise solutions accordingly. But it is not sufficient for the Commissioners alone to understand the realities of being an Aboriginal person in Canada. These realities must be understood by all Canadians, because all Canadians will have to help us devise solutions. And all Canadians will have to accept and support our solutions if the Commission is to be fully successful. Such widespread understanding can only be achieved through a process of public education — a process that will be carried out through these hearings, through the media, through research and through dialogue. As a starting point, this Commission must address the mistaken assumptions and harmful stereotypes that many non-Aboriginal Canadians harbour about First Peoples. Tomson Highway, the internationally-renowned Cree playwright who was born here in Manitoba, once remarked that "one of the most common visual symbols within the Canadian urban psyche is that of an Indian drunk at every major street corner of every major Canadian city." Stereotype? Definitely. Fact? Reality? Of course not. There is the other extreme, as well; those Canadians who think that Aboriginal people are members of a privileged class in society.
13 After all, Indians don't have to work, they don't have to pay taxes, and the government is looking after their every need. Fact? Reality? Of course not. So an important part of our job as a Commission is to do away with these and other stereotypes, and to present the realities to Canadians. Those realities include poverty, deprivation and despair. They include devastating economic and social problems, injustice and abuse. But they also include hope, ability, strength and determination. This Commission has to communicate those realities. We have to bring out the fact that Aboriginal Peoples have made an enormous contribution to this country; that they are continuing to make a contribution; and that their contribution can be even greater in the future. We have to talk about demographics. The Aboriginal population is growing at a faster rate than any other segment of the Canadian population — and it is significantly younger. Canadians must be made aware of the fact that, given the opportunity, Aboriginal youth can be a tremendous asset to this country. When people are àllowed and encouraged to participate in the fabric of a country, they contribute to its well-being and feel a part of it. When they are denied the opportunity to participate as full and equal partners, they are disappointed, frustrated and alienated. '
A forward-looking Commission 11, The public education process will involve looking at the past and learning from it. But neither group — Aboriginal or non-Aboriginal — can afford to dw' ell on the past. Our hopes for a better relationship lie in the present and in the future. With this in mind, we are determined to be a forward-looking Commission. Like the Inukshuks — the Inuit landmarks that have 'provided guidance through the ages — this Commission hopes to show the way forward for Canada. Certainly we expect and want to hear from Aboriginal people about what government policies and practices have meant for them. But first and
14 • foremost, we want to hear about the future; about solutions that Aboriginal • Peoples and others might propose for ensuring that the record of the past is not repeated. One way this Commission can help show the way forward is by publishing discussion documents, as we did in February when we commented on the federal government's constitutional proposals. Our objective in issuing this document was to allay concerns over the concept of inherency, which seemed to be impeding progress in the discus- sion of the Aboriginal self-government issue. There may be similar situa- tions in the future when the Commission will feel called upon to stimulate a dialogue or resolve an impasse by issuing a discussion paper or similar document. The one thing we do not want is to become an excuse for governments to block progress or delay reforms while they wait for our final report.
; A listening Commission rmr,e'e Public consultations, combined with solid, in-depth research, will form the basis for future documents issued by the Commission, as well as our final report. As elders tell us, there is a reason people have two ears and only one mouth. It is because they should listen more than they speak. This Commission intends to do that. One of our fellow Commissioners, Viola Robinson, recently remarked that • she has been speaking on behalf of Aboriginal Peoples for the past two decades. Now, she says, her job is to listen. That is a viewpoint shared by all Commissioners. We want to be a listening Commission and a Commission committed to dialogue. We know that many Aboriginal people are tired of being studied by others. They want to speak directly to us, and we want to hear from them. We want to hear their views of history and of what the future could or should hold for them. Similarly, we want to hear from non-Aboriginal Canadians, who have not only a right but an obligation to participate in this debate. They, too, have deep and genuine ties to this land and to many of the institutions and
15 • practices that are distinctly Canadian. They, too, have legitimate viewpoint
how their relationship with Aboriginal Peoples should evolve over time• on The Commission wants to hear the views of Ill Canadians on how Aboriginal issues can best be addressed. With this in mind, over the next 18 montrhs we will visit more than 100 communities across Canada — more than have been visited by any previous Royal Commission. We will visit large cities in the South, Indian reserves, Metis settlements and Inuit communities. We will crisscross the country not once, but several times. When people cannot come to us, we will go to them by visiting schools, prisons, halfway houses, friendship centres and women's shelters.