Time for feds to bring in effective modern treaty implementation policy: land claims agreement coalition The willful neglect of the principles expressed in this proclamation underlies the conflict that has characterized this relationship since 1763. While many non-aboriginal Canadians would like to 'turn the page' on this legacy, this document remains fundamental to the relationship between Canada and aboriginal peoples.
The Hill Times photograph by Steve Gerecke Idle No More protesters pictured in January on Parliament Hill. Oct. 7 marks the global day of action of Idle No More, the Indigenous Peoples social movement. On Oct. 7, 1763, King George III signed the British Royal Proclamation, an historic document that legally mandated Canada to recognize indigenous land rights, says the Idle No More movement. By MITCHELL STEVENS, CATHY TOWTONGIE | Published: Monday, 10/07/2013 12:50 pm EDT Last Updated: Monday, 10/07/2013 12:59 pm EDT http://www.hilltimes.com/opinion-piece/2013/10/07/time-for-feds-to-bring-in-effective-modern-treaty-implementation-policy/36228 OPINION ABORIGINAL AFFAIRS Oct. 7th marks the 250th anniversary of The Royal Proclamation of 1763. Some Canadians know this document for its role in setting up new governments after the Treaty of Paris. But for aboriginal peoples in Canada it marks the beginning of a new relationship with the Crown. The proclamation declared that it was just, reasonable and essential that the "nations or tribes of Indians" be protected by the Crown and be unmolested and undisturbed in their traditional lands. It recognized that there had been "great frauds and abuses," in acquiring Indian lands. It also declared that lands west of the Appalachians were reserved for the Indians, and could only be purchased by the Crown with the agreement of the Indians. With these words the foundations were laid for the modern treaty-making process. The proclamation also implicitly recognized the self-governance of aboriginal peoples in North America. The proclamation's recognition that Canada's first peoples were nations, and had title to their land that predated European assertions of sovereignty, set the context for the relationship between the Crown and aboriginal peoples. Its concepts were included in the Constitution Act 1982. The willful neglect of the principles expressed in this proclamation underlies the conflict that has characterized this relationship since 1763. While many non-aboriginal Canadians would like to "turn the page" on this legacy, this document remains fundamental to the relationship between Canada and aboriginal peoples. Regrettably, the Indian Act, rather than the proclamation, has defined the relationship between the Crown and First Nations since Confederation. This act is a vestige of colonial days which has resulted in the destruction of culture and the virtual imprisonment of First Nations on tiny parcels of land under government direction. The Indian Act also led to the establishment of an ineffective bureaucracy based on European Canadians' view that aboriginal peoples needed conversion to European ways of life. As a result aboriginal people were marginalized in nearly every walk of life, and held back by a legislative and bureaucratic system that has not functioned effectively for more than a century. Modern Treaties: An Alternative to the Indian Act The negotiation of modern treaties, consistent with the principles of the proclamation, offers an alternative to the Indian Act. The modern treaties process removes the Indian Act from the daily lives of First Nations. It recognizes ownership of land, acknowledges aboriginal governance, and seeks to redress historic wrongs. The James Bay and Northern Quebec Agreement, signed in 1975, was the first modern treaty. Today modern treaties cover almost half of Canada. Treaty-making continues in many parts of the country. These agreements fundamentally change the relationship between aboriginal peoples and the Crown and launch those peoples on the road to sustainability. The benefits of modern treaties are significant. In a country that relies on resource extraction, the certainty they provide about ownership of lands and natural resources is invaluable. Also, access of aboriginal governments to revenues from royalties, taxation and other means allows greater flexibility in meeting the needs of their citizens. As a generation of people comes of age under these agreements, the fiscal benefits to Canada are beginning to emerge, and will only increase. Modern treaties are a demonstrated success, but are not without their challenges. Canada has failed to fully implement these agreements. In some instances, modern treaties are heading down the same road as historic treaties in Canada: non-fulfillment and breach. In some cases this is leading to litigation. Aboriginal modern treaty organizations-both Inuit and First Nations-have formed the Land Claims Agreements Coalition to press the government of Canada to put in place an effective modern treaty implementation policy. While significant challenges remain, the coalition is optimistic that these agreements will be fully implemented to the benefit of all Canadians, and in a manner consistent with the original intent of the Royal Proclamation. Mitchell Stevens is president of the Nisga'a Nation and Cathy Towtongie is president of the Nunavut Tunngavik. Both are co-chairs of the Land Claims Agreements Coalition. n...@hilltimes.com The Hill Times [Non-text portions of this message have been removed] ------------------------------------ Native News North List info{all lists}: http://nativenewsonline.org/natnews.htm Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/NatNews-north/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/NatNews-north/join (Yahoo! 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