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Indian Self-Government in Canada

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?; "I ` !ti -_ i i;, .I;, -I - )i- I -_-- . __S EJ_I__ f-:::(!3: i,I.,,/:EiR~IT..`T_!'\'iiE F\iTL_ ,. :._ I _i fJf-i.i ii,ii=:t,`±::=)i/!t Ill,_1L,c;e -)f L`C,.TUTH,_`n5 ll(i-Ei=l+,=!l='`,i i-:,I =-:=f E :S=+I:C i£1L i--`1=il ;i/.Eljit.;l!"TTEL=. i-_.\,±n:-i.=1 =1 "-- HOUSE OF COMMONS CHAMBRE DES COMMUNES Issue No. 40 Fascicule no dO Wcdncsday, October 12, l983 Le mercredi l2 octobre I 983 Thursday, October 20, 1983 Lejendi 20 octobre 1983 Chairman: h4r. Keith Penner Pr6sidemt: hff. Keith Penller Mimz:ies of Proceedings Pracis-verbaux of the Special Committee on du Comit6 sp6cial sup Indian L9Autonomie politique self-Government des Indiens. RESPECTING= CONCERNANT: The status, development and responsibilities of band Le statut, revolution et les responsabilifes den adminis- governments on Indian reserves, as well as the fmancial trations de bandes dens les reserves indiennes, de mGme relationships between the Governmerlt of Canada and que leg rapports financiers qui existent entre le gouver- Indian bands nement du Canada et leg bandes indiennes INCLUBING: Y COrmR|S:_ The Second Report to the House. Le deuxi6me rapport a la Chambre. First Sessil5n O£ the Premiere session de la Thirty-second Parliament, 1980-81-82-83 trente-deuxi5me I6gislature. 1980-198 I-1982-1983 SPECIAL COMMITTEE ON COMITE SPECIAL SUB INDIAN SELF-GOVERNMENT L'AUTONOMIE POLITIQUE I)ES INDIENS Cflar-rmarf.- Mr. Keith Penner j}rt,,s|.dcut.. h4. Keith Penner Jrfce-a/zairneare.. Mr. Stan Schellenberger P,'ce-pr¬Lrl-de#r_. M. Stan Schellenberger Messrs Messieurs Allmand Manly Oberle Tousignant Ch6nier (Quorum 4) Iud greffier dr Coimit6 sp6ctal Franapis Pr6gent Clerk of' the Special Com:mitlee pursuant to Standing Order 69(4)(6): Confiorm6mcnt a rarticle 69(4)(b) du Reglement= On Wednesday_ October 12, 1983: Lc mercredi 12 octobrc 1983: John McDermid replaced FI.ank Oberle- John McDermid remplaceFrank Oberle. On Thursday, O¢toter 13, l983= Lejeudi 13 octobre l983= Frank Oberle replaced John McDermid. Frank Oberle remplace John McDermid- Photo CI.edits: Canadian Government Photo Centre. National Film Board of Canada Department of Indian Affairs and Northern Development Department of National IIcalth and Welfal.e Ms- Eva Manly I\drs. Ethel Pearson Mrs. Barbara Reynolds put)lished under authority or the speaker of the House of Commons ty thc= P`Ib]i6 cn conforndt5 de l'autorice du President de la Chamt)re des communes Queen.s Pril`ter for Canldr Par l'Imprimcur de la Reine pour lc Canach Ayaik|b[c. from the Camdian Golnemmenl Pllblishing Center. Supply and En vente= Centre a,edition dugouvcmcmen. dr Canada. Approyisionnements ct services canada. ottawa, camda K|A OS9 Serviocs Canadrt Otta`ra, Canada KIA OS9 ii MEMBERS OF THE SPECIAL COMMITTEE ON INDIAN SELF-GOVERNMENT Mr, Kcith Pcnner_ I_lb Cochranc-Supenor (On(arlo) (CHAIRMAN) Mr Stan Schellcnberger. P-C Honourable WarreI| Allmond. LIB Mr- Jim Manly. N.D_P \L/clasklwl n (AIberca) Notrc-Dame.dc-Grace-Lachine Fas.I Cowichan-Malalrat- (VICE-CHAIRMAN) (Quebce) The Islands (B.C.) Mr Frank Obcrle. PC_ Mr Ravmond C'h¬mcr. L_Lb ML llenrl Tousignanl. I_ib Prmce.George-Peace Rlver ( B.C-) Tl-mmins:ihap!eau (Onlar!O) T6m iseamillgue (Quebec) Ms_ Roberla Jamreson I+ |,m'| lil ml_`mbei Asscmbl} or +lrsl Nullons Ms, Sarldra lsaac. Liaisorl member Nn|l\e \^/omen,s AssocrallOn of Canada Ill ORDERS OF REFERENCE Special Committee on Indian Self-Government (Task Force) HOUSE OF COMMONS Wednesday, December 22, 1982 OLRZ)EREZ),-That a Special Committee of the House of Commons, to be composed of Mr. Pe-er, Mr. Allmand, Mr- Ch6nier, Mr- Tousignant, Mr- Oberle, Mr- Schellenberger and Mr. Manly be appointed to act as a Parliamentary Task Force on Indian Self-Govern- ment to review all legal and related institutional factors affecting the status. development and responsibilities of Band Governments on Indian reserves, including? without limiting the generality of the foregoing: (a) the legal status of Band Governments; (b) the accountability of band councils to band members; (a) the powers of the Minister of Indian Affairs and Northern Development in relation to reserve land, band monies and the exercise of band powers; (d) the financial transfer, control and accounting mechanisms in place between bands and the Govemment of Canada; (e) the legislative powers of bands and their relationship to the powers of other juris- dictions; (I) the accountability to Parliament of the hdinister of Indian Affairs and Northern Development for the monies expended by or on behalfof Indian bands; (g) all items re.ferred to in section.¬H" of the report of the Sub-committee on Indian Women and the Indian Act; and make recommendations in relation to the above questions in regard particularly to possi- ble provisions of new legisl'ation and improved administrative arrangements to apply to some oI. all Band Govemments on reserves, taking intt) account the various social' economic, administrative. political and demographic situations of Indian bands, and the views of Indian bands in regard to administrative or legal change. That the Committee, in carrying out its review. take into account: (a) the jurisdiction of the Federal Government under section 91(24) of the Cousf!.!z!- tion Act. I867., (I)) the recognition and affirmation of existing aboriginal and treaty rights of the aboriginal peoples in section 35 ofthe Co7ZSfr-fZ,fr.Ore J4cz, J982; (a) the current economic restraint program ofthe Government; (d) the fact that a First Mihisters' Conference will be held for the purpose of identify- ing rights ofthe aboriginal peoples- V That the Committee have all of the powers given to Standing Committees by section (8) ofStanding Order 65; Tllat the Committee l]ave the power to retain the services Of expert, PrOfeSSiOrlal, techni`- cal and clerical staffas may be deemed necessary; That the Committee have the power to adjourn or travel from Place to place in Canada and the United States; That. notwithstanding the usual practices ofthis House, ifthe House is not sitting when an interim or final report ofthe comndttee is completed, the Comrittee may make the said I report public before it is laid before the House, but that, in any case the Committee shall report to the House finally no later than the first Monday following Labour Day; That all the evidence adduced by both the Sub-committee on Indian Women and the Indian Act, and the Sub-committee on Indian Self-Government during the first Session of this Parliament, be referred to the Committee; provided that alternates appointed pursuant to temporary Standing Orders be named later. ATTEST C.B_ KOESTER The Clerk ofthe IIouse of Commons Monday, September 12, I983 oriDJgjiEO,-That the present mandate ofthe Special Committee on Indian Self-Gov- ernment be extended to the end ofthe current session- ATTEST C_B. KOESTER The Clerk ofthe House df Commons Section H of the report of the Sub-committee on Indian Women and the Indian Act (as referred to in section (g) ofthe Special Committee,s Order of Reference): H. AREAS FOR FURTHER STUI)Y Your sub-committee has made note of several areas which requil.e further study and which should be considered by the second sub-committee or otherwise given attention: " 1) that the elimination ofthe entI-re COnCePt Of enfranchisement be Studied further; 2) that an Office of the At)original RIghts Commissioner to protect the recognition of special rights of aboriginal peoples in Canada be considered for a function analogous to the Commissioner of Official Languages; 3) that the JflcZz'cz7Z J4c! be reviewed so as to reinforce group rights and to bring the Act in line with international covenants; 4) that traditional practices such as marriages} adoptions, etc., not be restricted or tis- criminated against by the J#dz.aJ2 4cf. 5) that discrimination in the Act against men, and against children be exahined; 6) -that a formula and process be devised for provision to Indian communities of land and resources for persons added to I)and lists as the result ofthe removal ofdiscrimi- nation clzLuSes £rOm the Indian Acts 7) that a means for band control of membership criteria, process, decisions and appeals in aceorc\ with lnteTnational covenz\nts be instifutec\i 8) that the subject of the rights of nor-Indians such as residency, political and legal rights, retention ofrights on death or divorce, be studied. vii The Special Committee on Indian Self-Government has.the honour to present its SECOND REPORT In accordance with its Orders of Reference of Wednesday, December 22, 1982 and Monday} September 12, |983, your Committee submits the following report: |X ACKNOWLEI)GEI\mNTS since the spceial committee on Indian Self-Govemment began its work over a year ago, many people have been called upon to assist the Committee in its work- The Committee would at this time like to thank all those who participated in its deliberations and con- tributed to this report- First, the Members wish to express their.gratitude to all tlle witnesses who appeared before the committee (J§eg J4pperec7z* J4). Others did not appear but subritted written briefs. The contribution of all those who tock the time to share their views was invaluable tO the Committee_ The Committee is also grateful to the Clerk of the Committee, Mr- Frangois Piegent, to his colleague, Mr. Eugene Morawski, and to the other staff from the Committees Branch for their administrative support. The drafting of this report was the result of many hours of work on the part of the writ- iIlg team Set uP by the Committee to analyse and summarize the mass of evidence it received.
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