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Legislative Assembl V of Manitoba the Standing LEGISLATIVE ASSEMBLV OF MANITOBA THE STANDING COMMITTEE ON STATUTORY REGULATIONS AND ORDERS Written Briefs we are the descendants of sovereign nations. In the case of our people their existence was recognized by the British Crown when Royal proclamations and trea­ ties were made. Indian and other leaders maintain that governments in Canada have not respected the spirit IN THE MATTER OF THE PUBLIC and substance of those proclamations and Treaties. HEARINGS The Indians must oppose patriation unless the en­ ON CONSTITUTIONAL REFORM trenchment of Indian rights is appropriately secured in Winnipeg, Manitoba either the new Constitution or a part of the amending November 17 and 18, 1980 formula in order that the said Indian rights cannot be Presented by the Four Nations altered unilaterally. If this cannot be achieved then the Confederacy entrenchment will be required to be made in England prior to repatriation. The Indian people have all too Mr. Chairman and Members of the Committee: often accepted promises that on the face of them ap­ Indians in Manitoba as well as across Canada are pear reasonable only to find later to their regret that most concerned as to what will transpire as a result of legislation of their enactment was not in keeping with the British North American Act patriation proceedings the original understanding and/or made subject to their presently under consideration. overriding powers of other authorities. Historically it appears that each time there is some Indian leaders base some of their case on interna­ major change in legislation, in particularly in the last tional law. Articles 1(2) and 55 of the U.N. Charter are century, Indians have suffered as a result thereof and pointed to as articles which support self-determination unfortunately the relationships have continued to and human rights. Article 27 of the U.N. Covenant on deteriorate. Civil and Political Rights is cited as evidence that the lt may be true that various authorities including the world community intends for ethnic minorities to enjoy Prime Minister of Canada are endeavouring to assure rights to their own cultures, religions, and languages. the Indian people that their rights will be protected, The following material facts should be carefully however, past performances certainly do not substan­ noted: tiate this claim. The Indian people have every reason - the Indians did not invite the white man to come to to be most deeply concerned about their present as this land; well as future rights. One has only to look at some of - the Indians befriended them on the basis of hu­ the appalling facts that presently exist: manitarian goodwill and commenced a modest fur -Indians have a life expectancy ten years less than the trade business which greatly expanded; Canadian average; - the Indians were co-operative and, appeared to in -Indians experience violent deaths at more than three formal documentations as well as thereafter, as­ times the national average; sumed that the white man would co-operate and -approximately 60% of Indians in Canada receive social conform to his undertakings; assistance; - the Indians were never conquered nor did they sur­ -only 32% of working-age Indians are employed; render their lands or any rights; -less than 50% of Indian homes are properly serviced; - the Indian nationsand Tribes as a result of increased -in Canada as a whole the prison population is about Treaty and commencement of settlements entered 9% Native, yet Native Peoples make up only 3% into agreements and understandings which have a of Canada's population. In 1977 there were 280 unique relationship with the Imperial Crown. Indians in jail per 100,000 population, compared This unique relationship is evidenced in provisions to 40 for the national average. of certain Treaties between the Imperial Crown and This hardly speaks of fairness and equality, in fact, non-lndian nations such as the Treaty of Utrecht of one of denial and oppression. 1713, the Jay Treaty of 1794 and the Articles of Ca­ Indian leaders have focused their attention on the pitulation of Montreal in 1760 in which the rights of issue of Indian rights. They believe that inadequate le­ Indian Nations or Tribes were recognized and protected. gal and constitutional protection for their indigenous On October 7, 1763, the Imperial Crown issued a ways of life, lands and resources, can largely account Proclamation which stated in part: " . it is just and for their problems reasonable, and essential to Our Interest and the Se­ Having adopted this orientation towards rights, Indian curity of Our Colonies, that the several Nations of leaders would like to achieve goals in the patriation Tribes of Indians, with whom we are connected, and process which are similar to those of the federal gov­ who live under Our Protection should not be molested ernment vis-a-vis the Canadian people as a whole. or disturbed in the Possession of such Parts of Our Indian leaders realize that entrenching their rights will Dominion and Territories as not having been ceded to, be enormously difficult after patriation, especially since or purchased by Us, are reserved to them or any of a majority of the provinces would have to agree to them, as their Hunting Grounds." changes which might benefit Indian People at the ex­ The Royal Proclamation of 1763, provided that all pense of provincial power. They therefore demand an dealings with the Indian Nations or Tribes in relation entrenchment of treaty and aboriginal rights as well as to land were the exclusive prerogative of the Imperial the rights to Indian self-government before patriation. Crown, and confirmed and described the procedure to The legitimacy of our demand resides in the fact that be applied in making Treaties between the Imperial 349 Written Briefs - 1980 Crown and the various Indian Nations or Tribes. These not readily available to the public. The phrase of "Af­ provisions in relation to the role of the Imperial Crown rican Technology" is used with respect to drinking and the procedures for Treaties have never been re­ water facilities. pealed and continue in force. In addition, the provisions The above examples certainly indicate the most se­ of the said Royal Proclamation, treaty commissioners rious denial to the Indian population of the basic ele­ were appointed at various times between 1763 and ments of natural justice as well as the rights and 1867 to negotiate Treaties with various Nations or privileges enjoyed by other sectors of our society. Tribes of Indians and continued from 1867 to 1956. lt is therefore obvious that entrenchment of treaty, In 1837 the Select Committee of the English House aboriginal economic, health, and social as well as all of Commons on Aborigines in British Settlements other rights be entrenched in the amending formula or stated that the duty to protect the Indian Nations or in The B.N.A. Act prior to its patriation to Canada. Tribes should continue to rest with the Imperial Crown lt is with deep regret that our Premier is either in­ and should not be delegated to local legislatures. sensitive to the problems or is deliberately ignoring In 1845 the Report on the Affairs of the Indians in them. His pathetic attitude is inexcusable and borders Canada prepared for the Legislative Assembly of the on irresponsibility. Province of Canada concluded that the existing ar­ The Provincial Government of Manitoba should not rangement whereby Indians were "under the immedi­ speak on behalf of Treaty and Aboriginal peoples as ate control of the Representative of the Crown within they are under federal government jurisdiction. The the Province, and not under the Provincial Authorities" presence of the Four Nations Confederacy today should should continue. not be interpreted as consultation with the Indian peo­ Section 91, subsection 24, of the British North Amer­ ple of Manitoba but rather as an opportunity to deliver ica Act of 1867 confirmed a constitutional position with a clear message understood by all that we do not want the Indian Nations or Tribes in relation to governments the Provincial Government of Manitoba to represent within Canada, while not altering the rights of the Indian us. Nations or Tribes nor ending their unique relationship A representative of our Confederacy as well as those with the Imperial Crown. of other parties, organizations and individuals are more The Indian Nations or Tribes had and continue to than willing to publicly debate the issues involved in have their distinctive legal and political systems: In any forum and media. We trust that the Premier's at­ accordance with those legal and political systems the tention and positive reactions will be forthcoming im­ Indian Nations or Tribes, in their dealings with repre­ mediately in view of the time frame involved in this sentatives of the Crown, acted with the intention and matter. purpose of establishing relationships directly with the Yours in recognition of Treaty and Aboriginal title. Imperial Crown. On behalf of Four Nations Confederacy, The unique relationship of the Indian Nations or (Signed) Per Grand Chief Lyle Longclaws. Tribes with the Imperial Crown and the prerogative acts of the Imperial Crown including the appointment of Treaty commissioners and the issuance of the Royal Proclamation of 1763 confirm that the alteration of re­ lations between the Imperial Crown and the MANITOBA ASSOCIATION FOR RIGHTS Nations or Tribes of Indians is to occur only at the AND LIBERTIES request and with the consent of the Indian Nations or NOVEMBER 18, 1980 Tribes. The request and consent so required cannot ADDENDUM TO BRIEF ON THE be given, on behalf of the Indian Nations or Tribes, by CONSTITUTION the Crown in right of Canada or the Queen's Privy Council for Canada or the Parliament of Canada.
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