Aboriginal Liberal Commission 1992 Policy & 1993 Platform
Aboriginal Liberal Commission 1992 Policy & 1993 Platform
Aboriginal Liberal Commission 1992 Policy & 1993 Platform
ouest, avenue Laurier Avenue West Ottawa, Ontario KzP 6M8 Tel: (6i:3) 237-0740 Fax: {6z3) 235-7208
PREFACE
and many members of the Liberal Caucus, including the Leader of the
Party that aboriginal policy has evolved within the Liberal Party of
Canada.
The booklet contains the Liberal Party of Canada's position on
aboriginal peoples issues.
PART 1:
PART 2:
PART 3:
2..
I~HERENT
RIGHT OF SELF-GOVERNMENT
A L'AUTONOMIE ADMINIS-
E IT RESOLVED that:
It'.: e Liberal Party of Canada endorses the explicit recognition
.C affirmation of the inherent right of self-government of all
~:iginal Peoples within the Canadian Constitution;
WHEREAS the Royal Proclamation of 1763 confirmed the preexisting rights of Aboriginal Peoples and provided that their
lands could not be alienated to anyone but the Crown, thereby
establishing the historic treaty-making process whereby
Aboriginal Peoples treated directly with the Crown with respect to their lands; and
BEITFURTHERRESOLVEDthattheLiberalPartyofCanada
rejects the G.S.T., and more particularly, categorically rejects
the imposition of the G.S.T. to First Nations and their citizens
throughout Canada on the grounds that it is in violation of
their aboriginal and treaty rights which are recognized and
affirmed in the Constitution, and is inconsistent with the
principle of self-government.
BEITFURTHERRESOLVEDthat theLiberalPartyofCanada
will do its utmost to encourage greater involvement of Aboriginal Peoples in its policy process and management functions, and greater participation of Aboriginal Peoples as candidates in parliamentary elections.
AborigiMI Peoples' Commission
Que le Parti liberal du Canada fera de son mieux pour encouragerune plus grande participation des peuples autochtones a
son processus d'elaboration des politiques, asa direction et, a
titre de candidats aux elections parlementaires.
Commission des peuples autochtones
......
gouvernement canadien et
AITENDU qu'a la lumiere de ce qui a ete dit precedemment,
i1 revient au Parlement canadien de rehabiliter Louis Riel et
d'ensuite reconnaitre Louis Riel comme pere de la
Confederation canadienne;
Aboriginal Peoples
A Liberal government will act on the premise that the inherent right of self
government is an existing Aboriginal and treaty right.
A Liberal government will be committed to building a new partnership with
Aboriginal peoples that is based on trust, mutual respect, and participation in
the decision-making process. It does not make sense for the federal government
to be unilaterally making policy or budgetary decisions that affect the lives of
- Aboriginal people, without their involvement. A Liberal government will develop a more comprehensive process for consultation between federal ministers
and Aboriginal representatives with respect to decision-making that directly
affects First Nations, Inuit, and Meris peoples.
A Liberal government will be committed to gradually winding down the
Department of Indian Affairs at a pace agreed upon by First Nations, while
maintaining the federal fiduciary responsibility. We will work with Aboriginal
peoples to identify where existing federal expenditures for Aboriginal peoples,
currently in excess of $5 billion a year, can be redirected into more productive
uses. A Liberal government will also explore new fiscal arrangements with
Aboriginal peoples.
A Liberal government will seek the advice of treaty First Nations on how to
achieve a mutually acceptable process to interpret the treaties in contemporary
terms, while giving full recognition to their original spirit and intent.
The Inuit are seeking a process for the negotiation of regional self-government agreements for Inuit living outside the future territory of Nunavut. A
Liberal government will support this objective.
A Liberal government will take the lead in trilateral negotiations involving
the provinces to define the nature and scope of federal and provincial responsibility for Metis and off-reserve Indians. A Liberal government will also provide
assistance to enumerate the Meris.
35
:\ YOUNG POPULATION
30
Aboriginal
Canadian V<nF
25
20
15
10
0
$5,000
and andcr
$5,000 IO
$10,000
$10,000 10
$20,000
$20,000 to
$35,000
$35,000
and abme
Total
Age
group
population
(years)
(%)
Population
identifying as
Aboriginal(%)
{)-4
7.1
14.0
S-14
14.0
23.4
15-24
14.2
19.4
2S34
17.9
17.6
35-54
27.1
18.4
30
SS+
19.7
7.2
l5
3S
Aboriginal
Canadian """F
20
15
10
"'
tS
.;
ij
t-.
.....
~ . I dJ
i
.. e"'tt
~
e ....t-.
,jl
-~
....I')
i.::
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;:-
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COMMUNITY DEVELOPMENT
ABORIGINAL PEOPLES
Too many Aboriginal children are dropping out of school. Less than half the
Indian school-age population reaches Grade l 2., and in the Northwest
Territories the success rate for Aboriginal children is approximately 3 percent.
Many causes for the dropout rate are poverty-related or reflect an educational
system that is not relevant to the lives of Aboriginal young people. The education system is not preparing these young people to meet the minimum
educational requirements of the Canadian labour force.
The needs of off-reserve, urban Aboriginal people are not currently being
met. A Liberal government will initiate an Aboriginal Head Start program for
preschool children and their parents, to be designed and run by Aboriginal
peoples (see chapter 5 ).
A Liberal government will establish, with the participation of Aboriginal
peoples, an Aboriginal Educational Institute that would specialize in curriculum
development for Aboriginal and non-Aboriginal schools, teacher orientation,
distance education, standards development, Aboriginal languages, literacy, and
the development of cultural survival programs for youth.
Postsecondary education assistance for Aboriginal students was first introduced by a Liberal government in the late 1960s as a deliberate strategy to
close the gap between Native and non-Native education in Canada. The
Postsecondary Education Program continued to meet the growing demand
from the Aboriginal community for higher education until 1987, when the
Conservative government restricted the criteria and capped the budget for
the program. Eligible Aboriginal students are now being turned away from
postsecondary institutions for lack of funding, while at the same time the government is more than willing to support many of these young people with
welfare payments.
A Liberal government will remove the cap on postsecondary education
specifically to provide adequate funding for Aboriginal students accepted at
colleges, universities, and vocational institutes, and in adult education programs and professional degree programs. An additional ho million per year
will be budgeted initially to address the backlog of eligible students who have
been deferred as a result of the cap on funding. A review of the Postsecondary
Education Program will also be undertaken with Aboriginal peoples to determine fair criteria for eligibility and special needs, including adequate child care
for students in need of such a service.
times the national average, and many are falling into a life of hopelessness
characterized by a lack of education, alcohol and drug abuse, and, for too
many, incarceration in our prisons.
A Liberal government will work in partnership with Aboriginal peoples to
provide their communities with the tools and resources necessary to tackle
these problems. Some communities have identified an urgent need for crisisintervention counsellors, drop-in centres for youth, cultural survival programs,
healing centres, or other resources. Successful models for these initiatives
already exist. A Liberal government will initiate a comprehensive health policy,
designed by and for Aboriginal peoples, which supports an integrated approach to dealing with physical and mental health issues and incorporates
traditional healing methods.
Many Aboriginal communities, particularly in remote areas and the North,
. lack qualified mental health counsellors and facilities. A Liberal government
will commit the necessary resources to train professional counsellors in
traditional and contemporary methods and to assist communities to develop
traditional healing centres or other culturally appropriate initiatives. A Liberal
government will triple the current number of bursaries and scholarships
available through Health and Welfare Canada for training Aboriginal health
professionals and will make the bursaries and scholarships accessible to all
Aboriginal peoples.
ABORIGINAL PEOPLES
...r
October 8, 1993
..J2
i
-2-
Other highlights of the package announced by Chretien today are plans to:
gradually wind down the Department of Indian Affairs at a pace agreed upon by
Aboriginal peoples;
take the lead in negotiations with the Matis and the provinces to define the
scope of government responsibility for Matis people;
return to the negotiating table immediately to settle the long outstanding land
claim with the Inuit of Labrador.
Chretien emphasized that the Liberal Party has consulted with Aboriginal peoples and
the party's Aboriginal Peoples Commission in developing its platform. "We will work
hand in hand with Aboriginal peoples on initiatives to improve their well-being," said
Chretien, a former Minister of Indian Affairs and Northern Development.
The Liberals' aboriginal proposals, like ali programs in the Liberal Platform, will be
financed through the reallocation of existing federal budgets, and through cutbacks to
or cancellations of Conservative government programs. The complete, detailed list of
government cuts is included in the Liberal Platform unveiled on September 15.
'I.
Summary
- September 1993
THE ABORIGINAL PEOPLES OF CANADA
SUMMARY
The Liberal Party of Canada has set out in its election platform document, Creating
Opportunity: The liberal Plan for Canada, a number of principles and programs that
a Liberal government would be prepared to act on in partnership with Aboriginal
peoples. The framework within which a Liberal government and Aboriginal peoples
will move ahead will be the recognition that Aboriginal peoples have the inherent
right of self-government within Canada. Within this context, a Liberal government will
assist Aboriginal peoples to become self-sufficient and self-governing through
initiatives that promote aboriginal community development and a sound economic
base for the future.
The federal government, through its constitutional mandate and its fiduciary
obligation to Aboriginal peoples, can and should play a key role in ensuring that
Aboriginal communities have the tools and resources necessary to resolve the
issues they have identified as critical to their well-being. Only in this way will the
fullest potential of Aboriginal peoples be tapped for the good of all Canadians.
Aboriginal Peoples
Most of the Liberal commitments will not require new funding. They will, however,
necessitate a re-allocation of existing resources. Too often past programs have
been dictated by government without sufficient Aboriginal participation, with the
result that programs are doomed from the start. Community control over the design
and implementation of programs, adequate fiscal resources, and a sufficient land
and resource base, are key elements in the development of Aboriginal communities.
We believe that a focus on Aboriginal children and young people through the
educational, training, and health initiatives which we propose in the liberal platform
will assist this predominantly young population of Indian, Inuit, and Metis peoples to
realize their potential while preserving their identity and culture. Helping Aboriginal
communities to improve the circumstances which have resulted in a sense of despair
for too many children is not only the just thing to do. The Liberal commitment to
investing in people includes enabling Aboriginal people to five healthy and productive
lives. Canada's social security, health, and justice systems will in turn benefit.
The development o_f the 1993 Liberal platform on Aboriginal peoples is a continuation
of the strong policy resolutions on Inherent Right of Self-Government, Treaties and
Claims, and Aboriginal Affairs passed unanimously at the 1992 National Liberal Party
Convention. Both the policy resolutions and the platform on Aboriginal peoples have
been guided by the strong hand of the Aboriginal Peoples' Commission of the Liberal
Party of Canada, created by Jean Chretien in 1990 and made up of Aboriginal
representatives from across Canada .
.
Moreover, Liberal Aboriginal and non-Aboriginal Parliamentarians have worked hard
to ensure that the Liberal principles of justice, fairness, and respect for Aboriginar
Aboriginal Peoples
1.- -
At the 1990 Aboriginal Policy Forum of the Liberal Party, Mr. Chretien told Aboriginal
people that,
"as Leader of the Liberal Party, I want not only to make our party the party
of the Aboriginal people, but I want Aboriginal issues to be front and centre
on the agenda of a Liberal government."
September 1993
THE ABORIGINAL PEOPLES OF CANADA
INTRODUCTION
The Liberal Party believes that rebuilding and strengthening relationships
with Aboriginal peoples and improving Aboriginal social and economic conditions are
issues which Canadians want addressed as a priority. The United Nations has also
designated this year, 1993, as the International Year of Indigenous People.
We realize that the Royal Commission on Aboriginal Peoples is currently
studying these issues and is expected to release its report next year. The Liberal Party
does not want to pre-empt the findings and recommendations cf the Royal Commission.
However, there are a number of issues that have clear solutions or require immediate
attention and, in addition, there are issues upon which the Royal Commission has
already expressed its views. We are prepared to proceed in these areas now.
A new approach to relations between Aboriginal peoples and the federal
government is needed. Decision-making processes must change. Aboriginal peoples
must be full participants. We want to develop, in partnership with Aboriginal peoples,
a new vision which is comprehensive and realistic. We want to work with Aboriginal
peoples toward the creation of an Aboriginal program based upon the following
principles:
Provision of support and assistance to encourage the healing which is taking place
within Aboriginal communities.
Aboriginal Peoples
The cornerstone of a new relationship with Aboriginal peoples will be the recognition
of the inherent right of Aboriginal self-government. A Liberal government will act
on the premise that the inherent right of self-government is an existing Aboriginal
and treaty right within the meaning of section 35 of the Constitution Act, 1982.
Recognizing the inherent right is consistent with the historical fact that Aboriginal
peoples governed this land prior to the arrival of Europeans to the various regions
of.North America.
It is time for the government of Canada to recognize the inherent right of Aboriginal
peoples to govern themselves. The Liberal Party is not suggesting reopening the
constitutional debate at this time, but it is necessary to move ahead on Aboriginal
self-government and we believe it is possible to do this within the existing
constitutional framework. The approach is consistent with the views of the Royal
Commission on Aboriginal Peoples as set out in its interim report on selfgovernment.
Aboriginal Peoples
establish a process for engaging provinces to participate in consultations as
appropriate.
There are approximately 540,000 Indian people in Canada, organized into 604 First
Nation communities, about 55% of whom reside on reserves. For the last 117 years
or so, the federal government has administered their affairs under the Indian Act
through the Department of Indian Affairs.
Currently, control of Indian Affairs is centralized in the hands of the Minister and
senior management in the Department of Indian Affairs. Budgets, spending priorities
and cutbacks are decided upon in isolation from First Nations. Consultations are
undertaken with First Nations on an ad hoc and selective basis. A Liberal
administration would change this approach by supporting a bilateral consultative
process developed in cooperation with First Nations.
Aboriginal
Pee:.~
2) Inuit
The federal government has a special trust relationship with the 35;000 Inuit peo;:: e
of Canada.
Land claims settlements have been signed with Inuit in the Arctic and NortheQuebec. The claim of the lnuvialuit in the Western Arctic was settled in 1984. June, 1993, Parliament ratified the claim of the Inuit of Nunavut. Quebec In~ settled their claim in 1975. However, the claim of the Labrador Inuit remairs
outstanding because of the federal refusal to return to the negotiating table.
A liberal government will begin negotiations, without preconditions, with the Inuit c:
Labrador and the province of Newfoundland to settle this outstanding claim. ;..
Liberal government would also be prepared to discuss with the Labrador lnur:
alternative funding arrangements to the current bilateral arrangement betweer
Canada and Newfoundland.
The Inuit are also seeking a national process for the negotiation of regional selfgovernment agreements within the existing constitutional framework. A Libera!
government would support this objective.
Legislation passed by Parliament in June will see the new territory of Nunavut
established in the central and eastern Arctic by 1999. A Liberal government wi!:
work in cooperation with the people of the Eastern and Western Arctic to ensure a
smooth transition to Nunavut.
3) Metis
The Metis people emerged as a distinct cultural and political entity out of the
convergence of cultures of Indian peoples and early settlers. A large number of
Metis are concentrated in western and northern Canada.
The Metis are recognized as an Aboriginal people in the Constitution; the federal
government has not historically recognized legislative responsibility for Metis under
section 91 (24) of the Constitution Act, 1867. A Liberal government will take the lead
in trilateral negotiations with the Metis and provincial governments to define the
nature and scope of federal and provincial responsibility for Metis people.
Aboriginal Peoples
While the total number and distribution of urban-based statu~-- and non-status
Indians, Inuit, and Metis are unclear, approximately 45% of status Indians are now
living off reserve.
The Liberal Party of Canada recognizes that the needs of the urban Aboriginal
population are not currently being fully met. Aboriginal migration into urban centres
will continue. This coupled with the growing Aboriginal population will create
increased demand for culturally supportive social.and economic institutions in urban
centres. This demand will be particularly acute for western provinces with significant
numbers of Aboriginal people and which do not have sufficient resources to meet the
needs of thi"s growing population.
A Liberal government will b"uild upon the network of urban Aboriginal institutions and
will support community controlled development l:istitutions. We. will also initiate a
head start program for pre-school Aboriginal chlk!~en and their parents living in urban
centres and large northern communities.
ABORIGINAL JUSTICE
There have been numerous studies and inquiries into the subject of Aboriginal
peoples and the justice system, including th~ Marshall Inquiry and the Manitoba
Justice Inquiry, to name just two. In addition, the Royal Commission on Aboriginal
Peoples recently held a National Round Table on justice issues.
There is a clear consensus from all the studies to date that change is needed and
now is the time for action. There is an emerging consensus that what is required
is a separate Aboriginal justice system or, at the very least, major reforms to the
present justice system to accommodate the unique cultures and interests of
Aboriginal peoples.
Aboriginal Peoples
A nation's greatest resource is its children. Yet many native communities are losing
their children at an alarming rate. Aboriginal young people are committing suicide at
a rate that is six times the national average and many are falling into a life of
hopelessness characterized by a lack of education, alcohol and substance abuse,
and for too many, incarceration in our prisons.
While the causes of suicide and substance abuse among young Aboriginal people
may differ, there are common threads which have surfaced in communities from East
to West to the Arctic - poverty, harsh living conditions, overcrowding, family violence,
lack of recreational facilities for youth, and a loss of identity and traditional values.
The daily dose of an alien T.V. culture only serves to remind these children that their
lives bear no resemblance to the rest of North American society.
The consequence of a failure to assist Aboriginal communities to deal with the roots
of these problems will be an escalation in the climate of despair, which in turn
means a higher human and monetary cost. It must be recognized, for example, that
overcrowding in northern communities and on reserves, which is sixteen times worse
than in other Canadian homes, is directly related to school drop-outs, family
violence, and suicide. A Liberal government must work in partnership with Aboriginal
peoples to ensure that their communities have the tools and resources necessary
to tackle these problems.
Some communities have identified an urgent need for crisis intervention counsellors,
drop-in centres for youth, cultural survival activity centres, healing centres or other
resources. Successful models for these initiatives already exist. A Liberal
government will take the advice of Aboriginal peoples in determining the priorities for
their communities in this regard.
A Liberal government will also address the shortage of skilled health counsellors and
facilities, particularly in remote and northern communities, by committing the
necessary resources to train counsellors in traditional and contemporary methods
and by assisting communities wishing to develop traditional healing centres or other
culturally appropriate initiatives.
Aboriginal Peoples
A Liberal government will also explore with other governments ways of increasing
the number of Aboriginal doctors, nurses, counsellors, and other health professionals
and will encourage their employment in Aboriginal communities. A Liberal
government will work with post-secondary institutions to build upon current initiatives
which help to prepare Aboriginal students for medical and related studies, and will
promote the integration of traditional methods and medicin.es into mainstream
programs.
Improving the educational and training environment for Aboriginal. Canadians is one
of the major objectives of the Liberal Party of Canada. All Canadians will benefit
from enhancing the educational system to meet the needs of Canada's youngest and
fastest growing population. Failure to act today will mean a major financial burden
.tomorrow.
According to a 1993 study prepared for the Assembly of First Nations, federal
government spending on Aboriginal education over the last ten years has increased
by only 3%, when inflation and population growth are taken into account. The study
found that while spending on income maintenance has increased by 34 %, spending
on economic development and housing capital, both related to education, jobs, and
training, has decreased by 66%. A reallocation of existing resources in the
Department of Indian Affairs alone would go a long way to putting limited resources
to a more productive use - in education, training, and community capital projects.
Too many Aboriginal children are dropping out before graduating from high school.
Only 41% of Indian children in Canada finished grade 12, as at 1990. The success
rate in the N.W.T., according to testimony before the Royal Commission on
Aboriginal Peoples, is as low as 3%. Many causes for the drop-out rate are povertyrelated, such as the cost of clothing, serious overcrowding at home, or poor health.
Moreover, many children from northern and rural Aboriginal communities must still
leave home to attend high school, where for the first time they become a minority
among non-native students. In most instances, the education is neither responsive
to the needs nor relevant to the culture of Aboriginal peoples.
Progress has been made in increasing First Nation administrative control over
education at the local level; however, due to fiscal constraints there is very little
capacity for Aboriginal peoples to develop their own curriculum. This, together with
the incapacity of existing non-native schools to provide culturally supportive and
relevant materials to deal with the large number of Aboriginal students, requires
action.
There are existing schools and facilities working independently of each other across
the country in Aboriginal curriculum development. Their efforts need to be
coordinated and the product of their development shared amongst all Aboriginal
Aboriginal Peoples
peoples. The federal government has a role to play in resourcing and facilitating this
coordination.
In addition, First Nations have expressed dissatisfaction with the existing system of
Master Tuition Agreements with the provinces for the funding of Aboriginal children
in provincially-run schools. A Liberal government will review the Master Tuition
Agreements; with a view to ensuring that Aboriginal peoples are involved fully in
decision-making and control of the process.
liberal initiatives for a National Apprenticeship Program and National Youth Service
will accommodate the special circumstances of Aboriginal communities. For
example,. literacy is a major problem which hinders the successful completion of
training programs designed for Aboriginal peoples. A Liberal government will also
promote training programs which respond to the needs of Aboriginal communities.
Aboriginal Peoples
This will mean a greater focus on training in such areas as environmental
technologies, resource management, community development, survival skills, and
computers in addition to the traditional trades and services.
Strengthen and, where necessary, expand the network of existing Aboriginalcontrolled development institutions, through the transfer of control and delivery
of federal development programs to community development institutions;
2.
3.
As the single largest purchaser of goods and services in the country, a Libera
government will adopt procurement policies designed to stimulate the growth :Aboriginal business;
9
Aboriginal. Peoples
4.
Explore with Aboriginal peoples and other northern nations ways in which
Canada can promote the freer movement of persons, goods, and seryices in the
circumpolar region;
5.
6.
HOUSING
The deplorable housing conditions of Aboriginal peoples are described in the 1992
Report of the all-Party Standing Committee on Aboriginal Affairs, entitled A Time for
Action: Aboriginal and Northern Housing. A Liberal government will work with
Aboriginal peoples toward the implementation of the recommendations in that
Report.
In light of the current fiscal environment, the Liberal Party acknowledges the
economic importance of the construction industry and capital expenditures as tools
for stimulating economic growth and job creation. Better use of capital expenditures
will form part of the Liberal strategy on Aboriginal community development.
The restoration of a land and resource base sufficient to sustain Aboriginal societies,
through the equitable resolution of land claims, is the key to the future and long-term
cultural and economic success of self-government. The dispossession of their
traditional territories is one of the root causes of the contemporary social and
economic ills and inequities that exist amongst Aboriginal peoples in Canada.
The first federa~ claims policy was introduced in 1973 by a Liberal government in
response to intense political pressure from Indian leaders and the Calder decision
of the Supreme Court of Canada. A major review of claims occurred in 1980 also
10
Aboriginal Peoples
under a Liberal government. This led to the issuance of two separate claims
policies: the federal comprehensive claims policy entitled In All Fairness in
December 1981, and the specific claims policy Outstanding Business in May 1982.
Both were issued under a Liberal government. The specific and comprehensive
claims policies have not been fundamentally changed since.
The comprehensive claims policy was reviewed in 1985 by the Coolican Task Force .
Unfortunately, the Conservative govemmenfs response, the Comprehensive Land
Claims Policy announced in 1986, fell far short of the recommendations in the
Coolican Report.
Major reforms are now needed to these claims policies and processes. First, they
are out of step with the legal and political evolution of Aboriginal and treaty rights.
There have been no fundamental changes to federal claims policy since the last
major review by a Liberal government in 1980. Yet, there have been major legal
and political developments since then. In April 1982, existing Aboriginal and treaty
rights wers recognized and affirmed in section 35 of t'1e Constitution Act. 1982.
There have also been no less than five important decisions of the Supreme Court
of Canada including the Nowegiiick case (1983), the Guerin case (1984) the Simon
case (1985), the Soarrow case (1990), and the Sioui case (1990). All of these
decisions affect claims.
Second, current claims policies have not resulted in an expeditious resolution of land
claims. As of February, 1993, out of the 578 specific claims submitted since 1973,
no more than 44 ctaims have been settled. Many more claims are in the research
and development stage and a considerable number are in litigation. With respect
to comprehensive claims, in 20 years seven claims have been settled or are on the
verge of final settlement, covering Northern and Northeastern Quebec, the Yukon,
Eastern Arctic and part of the Western Arctic. Vast parts of the Maritimes, Quebec
and British Columbia remain subject to outstanding claims of Aboriginal title.
Claims negotiations have been difficult in part due to the strong objections by
.Aboriginal people to certain aspects of the current policy, in particular extinguishment
and the reluctance of the federal government to negotiate self-government as part
of claims. Negotiations have been unduly protracted, resulting in the accumulation
of massive amounts of debt for claimants. Problems in the implementation of some
land claims agreements also give cause to reconsider the merits of the existing
policy.
The Conservative government has made only minor changes to the claims process,
including the establishment of a Specific Claims Commission with a very limited
mandate announced in 1991. A Treaty Commission .has also been established tc
deal only with comprehensive claims in British Columbia.
11
Aboriginal Peoples
Liberal government regarding land and resource rights would be to uphold the
honour of the Crown by settling these matters through a fair and equit3ble process.
Many have criticized the artificial distinction between specific and comprehensive
claims in the current claims policies.
Instead of separate specific and
comprehensive claims, we propose a general policy encompassing all claims. Under
a Liberal government, the negotiation of claims relating to Aboriginal and treaty
rights could Include the right of self-government. In order to be consistent wi_th the
Canadian Constitl~tion which now "recognizes and affirms" Aboriginal and treaty
rights, a Liberal government will not require blanket extinguishment for crafms based
on Aboriginal title.
The existing land claims process has also created a conflict for the federal
government in deciding whether to accept or reject claims against itself. Under a
Liberal government a new process for resolving land claims will be established. A
Liberal government will create, in cooperation with Aboriginal peoples, an
independent Claims Commission for both specific and comprehensive clairps. Its
mandate will be jointly developed with Aboriginal peopies.
One of the most.costly aspects of the current claims process has been the length
of time to settle claims and the litigation that results when negotiations are stalled.
Jt is expected that the independent Claims Coryimlsslon will lead to speedier
settlements and lower costs for both Aboriginal claimants and the federal
government
This Commission will not replace direct negotiations between the Federal
government and claimants. It will instead facilitate and bring fairness to the
negotiation process.
A Liberal government, in cooperation with Aboriginal peoples, would build upon the
positive aspects of the existing Indian Claims Commission and the British Columbia
Claims Commission In these proposed reforms.
Most Crown land in Canada south of 60 degrees is held by the provinces. A Liberal
government would engage the provinces in redressing the grievances of Aboriginal
peoples over land and resource rights, including negotiating agreements for comanagement and resource revenue-sharing
....
12
Aboriginal Peoples
CONCLUSION
We believe that the changes we propose are overdue and that the program we have
sketched out is realistic and achievable.
The Liberal Party acknowledges the fiscal limitations Canada faces. But we believe
better use can be made of existing funds. For example, it is misguided thinking for
the Department of Indian Affairs to be increasing spending on social assistance while
cutting resources for economic development and education.
...
,
,,
13
BACKGROUND
Poverty among children has been associated with poorer health, lower ievels of
educational attainment, and higher rates of incarceration. More than one million
Canadian children under the age of 16 live in poverty.. Canadian and American
studies have shown that early and sustained interventions with children result in
social and economic benefits. The Canadian Council on Children and Youth cites
studies which have concluded that each dollar invested in high-quality preschool
programs can save $4.75 through lower costs for special education, public
assistance, and the administration of justice.
In the 1991 census, over one million persons in Canada reported having Aboriginal
origins, either as their only ancestry or in combination with other origins. This
represents 3.7_percent of the Canadian population, although in Manitoba,
Saskatchewan, and Alberta the percentage is considerably higher, at 11 percent,
10 percent and 6 percent respectively. In the Northwest Territories, Aboriginal
peoples make up 62 percent of the population, and 23 percent in the Yukon.
Well over half of Canadian families of Aboriginal origin live off reserve, many of
those in urban communities. For example, Winnipeg (population 645,000) is home
to approximately 15,000 Matis and 20,000 Indian people. Edmonton (population
832,000) includes 13,500 Matis and 16,000 Indian people. Regina (population
189,000) has an Aboriginal population of 3,700 Metis and 7,300 Indians.
14
F"
The educational levels attained by Aboriginal peoples living off reseri/e are higher
than those of the on-reserve population but still significantly lower than the general
. population. In 1986, 21 percent of the off-reserve population over the age of 15 did
not have a grade 9 education, compared to 17 percent of the Canadian population
as a whole.
The Head Start program has been in operation in the United States for 28 years and
has served more than 13 million children. It is a federally funded, early intervention
program to provide child care and social, educational, health, and nutritional services
to disadvantaged children aged three, four, and five. The program places a strong
emphasis on parental and community involvement.
Eligibility is based on income but there is the flexibility to accept children whose
parents' income is over the poverty line, such as in smaller communities where
preschool or child care programs are not readily available. Head Start programs are
administered locally by community-based, non-profit organizations and school
systems.
In Canada, there are similar programs which are named Head Start or which follow
many of the principles of Head Start Examples of these include the Moncton
Headstart Program and the Ottawa-Carleton Headstart Association for Pre-schools.
There are also urban, Aboriginal child care facilities, such as the Circle Project in
Regina, whose programs are compatible with many of the objectives of Head Start.
These same studies also show, however, that in some cases the Head Start
experience cannot reverse the cumulative effects of poverty, neglect, abuse, or ill
health suffered by some children and that some of the gains made by children while
enrolled in Head Start can be lost in later years.
15
Aboriginal peoples have expressed the need for their educational system to reflect
the culture and experience of Aboriginal communities. An Aborigjnal Head Start
program would be designed and controlled by Aboriginal peoples at the community
level. Aboriginal. Head Start must be flexible to take into consideration the different
needs and priorities of the communities where they would be situated.
Central to the design of Aboriginal Head Start programs would be a strong cultural
component. Many Aboriginal children living in cities are cut off from relatives and the
elders of their traditional communities. Aboriginal children, no matter where they live,
should know their history, culture, and language. And above all, they need to know
that they are important.
One of the positive spin-offs of current Head Start programs has been the
opportunity for the parents involved to learn the skills required to work in the
program. A successful Head Start would ensure that there are support programs for
parents, including problem-solving and upgrading of skills. Some parents, many of
them single mothers, have become gainfully employed with Head Start as teachers
or counsellors.
A successful urban Aboriginal Head Start program could serve as a model for an
expanded program for other Aboriginal communities, reserves, and high-risk, nonAboriginal children.
According to the Circle Project of Regina, "the children of today are our leaders of
tomorrow and with the teaching of our philosophy of wholeness, wellness,
acceptance, and independence, our leaders of tomorrow will stand a chance in life".
16
September 1993
ABORIGINAL PEOPLES
QUESTIONS AND ANSWERS
Q.:
A.:
No. The present Constitution (s. 35) now recognizes and affirms the existing
Aboriginal and treaty rights of the Indian, Inuit, and Metis Peoples of Canada. The
Charlottetown Accord proposed wording tha~ s:mply would have affirmed that one
of these existing rights is the inherent right of Aboriginal peoples to govern
themselves within Canada. The provision dld r.vt claim to create a right or to grant
a right to Aboriginal peoples. It was intended merely to confirm the existence of the
right and give it constitutional status.
The Royal Commission on Aboriginal Peoples released a report on self-government
in August, 1993 (Partners in Confederation) which supports the position of the
Liberal Party of Canada. The Report concludes that there are strong historical and
legal grounds for the inherent right of Aboriginal self-government within Canada
and that this right is likely one of the Aboriginal and treaty rights now guaranteed
in the Constitution.
Q.:
What would Aboriginal self-government look like and how would a Liberal
government and Aboriginal peoples implement self-government?
A.:
The Royal Commission on Aboriginal Peoples has given some guidance in its
August 1993 report on self-government, on directions which the implementation of
self-government might take. A Liberal government will study the commission's
report,
The inherent right of self-government, in the view of the Commission, is not an
unlimited right. It would allow Aboriginal governments to operate within the
Constitution in the same way .as federal, provincial, and territorial governments do.
Secondly, the Commission points out that Aboriginal governments would not be
subordinate to other governments in certain core areas which impact most
immediately on peoples' lives, eg. education, social policy, or certain areas of
Aboriginal Peoples
justice. In other areas they would share jurisdiction with oth_er governments and in
still other areas they would accept exclusive federal jurisdiction.
Thirdly, individual members of Aboriginal groups would enjoy the protection of the
Charter of Rights and Freedoms in their dealings with Aboriginal governments, in
the same way that the Charter is available to all Canadians to challenge federal
and provincial laws and practices which may be discriminatory under the Charter.
The implementation of the inherent right of self-government, in the words of the
Royal Commission on Aboriginal Peoples, will mean different things to different
Aboriginal groups. For some it may mean reviving traditional governmental
structures or adapting them to modem purposes. For others, it may mean new
structures. Or for other groups the immediate objective may be simply greater
control over the provision of governmental services such as education and health
care.
Q.:
A.:
Aboriginal Peoples
Q.:
A.:
According to the Canadian Council for Aboriginal Business (CCAB), there are
currently approximately 15,000 businesses owned by Indian, Inuit, and Metis
people. This represents close to 2 percent of all .businesses in Canada. CCAB
studies have shown that Aboriginal businesses are highly motivated to create local
employment. There is particular potential for Aboriginal businesses in tourism,
service sectors, traditional foods, environmental management, housing, and
construction of capital projects.
There currently exist approximately twenty-four Aboriginal capital corporations that
provide commercial loans to Indian, Metis, and .Inuit enterprises. These can be
effective mechanisms to provide capital to Aboriginal entrepreneurs; however, they
are limited by geographical and membership restrictions and are not seen as a
source of venture capital. A national Aboriginal Development Bank would
complement these capital corporations. The government's own 1992 report
Inventing Our Future: An Action Plan for Canada's Prosperity recommends
investments in Aboriginal capital corporations.
A Liberal government is also committed to increasing capital availability to small
and medium-size businesses in rural areas and the North through the vehicles of
cooperatives and credit unions.
There are a number of Aboriginal trust funds, development organizations, and
sectoral economic development institutions such as the Alberta Indian Agriculture
Development Corporation. The Economic Council of Canada, in its 1990 report
From the Bottom up: The Communitv Economic-Development Approach cited
Saskatchewan's Kitsaki Development Corporation as a development organization
that acquired new technology and production ideas which led to a market in Japan
for its beef jerky products. Kitsaki employs roughly 250 people. The lnuvialuit
Development Corporation, Makavik Corporation, and the Matis Development
Corporation are all examples of success stories in the North.
The government's 1989 CAEDS program (Canadian Aboriginal Economic
Development Strategy) supports a number of Aboriginal entrepreneurs and
development projects. For example, the Pe-kun-nee Windfarm Project of the
Alberta Peigan Nation Utilities Corporation is supported in part by CAEDS. CAEDS,
however, is not meeting the needs of many other communities nor of Aboriginal
women entrepreneurs: A Liberal government will review CAEDS and ensure that
economic development resources are reaching the community. enterprises and
development institutions that will drive community economic development.
Aboriginal Peoples
Q.:
A.:
The Canadian Council for Aboriginal Business has recommended in its submission
to the Royal Commission on Aboriginal Peoples that "a fixed percentage of federal
contracts be allocated to competent Aboriginal governments and businesses, in
much the same way that provinces receive such contracts." (The American
government has such a policy in its "Indian Preference Contracting Act".) This and
other possible options will be explored. They would not require an additional outlay
of government funds.
Q.:
Who will fund and manage the Aboriginal Trade Commission? Why can't a
special support program for aboriginal goods and services within the Export
Development Corp. be developed rather that creating a new bureaucracy?
A.:
Q.:
Aboriginal Peoples
A.:
The housing crisis in Aboriginal and northern communities will be addressed at the
earliest opportunity by a Liberal government. Discussions will begin with Aboriginal
representatives and other governments on how, given the fiscal constraints faced
by all governments, to implement the recommendations of the Standing
Committee's Report on Aboriginal housing on-reserve and off-reserve and northern
housing.
The Report's key recommendations include:
streamlining housing delivery by delivering all government funding through one
agency;
utilizing local resources and labour instead of importing goods and services
that do not meet the needs of Aboriginal communities;
providing greater opportunities for home ownership; and
gradually transferring control over housing to Aboriginai peoples to ensure that
there is greater community control over the development and delivery of
housing programs;
Responding adequately to Aboriginal and northern housing needs will require not
only government resources but also private-sector investment, such as through
development bonds which Canadians could purchase to finance housing and
infrastructure in Aboriginal communities. At the same time, existing resources can
be utilized in more productive ways that will create more houses and employ more
Aboriginal people in their design and construction.
Q.:
What will an Aboriginal Educational Institute and networking facility look like?
Given that there are three distinct Aboriginal peoples .in Canada, do you
envisage separate facilities for First Nations, Inuit, and Metis?
A.:
There are already a number of aboriginal educational centres and programs across
Canada which conduct research and provide services in the areas of aboriginal
language training, curriculum development, traditional customs, literacy and other
aspects of education for the benefit of both aboriginal and non-aboriginal students.
The Woodland Cultural Institute, the Saskatchewan Indian Cultural Centre, the
Montagnais Cultural and Educational Institute, and the Dene Cultural Institute are
a few examples. In addition, several universities and colleges and Aboriginal
organizations have established native studies programs, aboriginal languages
instruction, or research programs.
Aboriginal Peoples
A recent initiative in the Arctic illustrates the progress that is being made in the field
of distance education. Students in 7 Arctic communities spread across 3000
kilometres recently took part in an experimental management training course
developed by a non-profit Inuit agency and transmitted by satellite from Iqaluit.
We believe that the federal government has a role in bringing together the
expertise which currently exists in facilities involved in Aboriginal education. The
Educational Institute and networking facility would encourage the development and
dissemination of educational and cultural materials to schools and Aboriginal
communities. .
The Institute could have three parts in order to reflect the different cultures and
languages of the Indian First Nations, the Inuit, and the Metis. They would likely be
housed in existing educational centres to take advantage of on-site programs and
networking resources. The actual design and mandate of the Institute will be
developed with Aboriginal peoples and will be supported through the existing
budget of Indian Affairs.
Q.:
A.:
Health Canada currently has a budget of $836 million for Indian and Northern
Health Services; however, the approach to dealing with issues such as suicide,
family violence, substance abuse, and past abuse in residential schools has not
worked well, particularly in remote communities, in part because of the absence of
an overall mental health policy and because traditionally a non-native approach has
been used to resolve these problems.
There is a serious shortage of skilled Aboriginal health counsellors. For example,
there are only nine mental health counsellors to cover twenty-three communities
in the Nishnawbe-Aski Nation territory in northwestern Ontario. All twenty-three
communities are remote and accessible by plane only. When a suicide occurs in
an Aboriginal community, it is not uncommon to see a chain reaction. An
investment in the training of more skilled mental health counsellors to practise in
these communities will mean quicker crisis intervention and a greater ability to take
preventive action.
We believe that current expenditures in Indian Affairs and Health and Welfare can
be redirected into areas which have been identified as priorities by Aboriginal
peoples. The training and employment of more health counsellors is one priority.
In addition, the cost of tripling the number of Health Canada bursaries and
scholarships for Aboriginal students in health careers studies will mean an increase
in the current budget from $100,000 to $300,000.
Q.:
A.:
Aboriginal Head Start will be initiated as a pilot program. Initially the focus will be
on urban centres, primarily because of the migration of large numbers of
Aboriginal families from their reserve communities to the cities. Many of these
families are headed by single-parent women from small Aboriginal communities
trying to survive in a non-aboriginal, urban environment.
If the pilot program is successful, Aboriginal Head Start could be expanded to
reserves and other Aboriginal communities where there is an expressed interest.
The program should be flexible and transparent enough that it .can be adapted to
serve disadvantaged non-Aboriginal children.
Q.:
Are there any existing Aboriginal Head Start programs which could serve as
a model for the Liberal initiative?
A.:
There is at least one excellent Aboriginal child care centre that we know of which
incorporates many of the objectives of Head Start. It is the Circle Project in
Regina, which offers as one of its many programs a day care, a hot lunch
program for hungry children, and counselling and healing programs for parent and
child. It is obvious that Aboriginal Head Start programs will need to be tailored
to the individual community, whether it be a Prairie city or a large Inuit community.
Q.:
A.:
Q.:
Why are you targetting Aboriginal children for Head Start and not all
disadvantaged children?
A.:
In Canada the provinces have exclusive jurisdiction over education and have the
primary responsibility for delivering social services, including child care. The
federal government, however, has a legal responsibility for Indian and Inuit
peoples. This means that the federal government can work directly with Aboriginal
peoples on initiatives to improve their well-being.
The Liberal Party is aware that a Head Start program for all disadvantaged
children would be a positive initiative. If ~ur pilot Head Start program for
Aboriginal children in urban centres and large northern communities is successful,
we would consider cooperating with the provinces and territories to expand the
program to non-native.communities. Existing services such as the Moncton Head
Start Program are ample proof of the neeci to help young children everywhere
counter the effects of poverty, and in some cases, neglect and abuse, before they
enter the school system.