From: G'Day <beaver.cs.washington.edu!gnosys!AC.DAL.CA!BTHILL>
Subject: Re: First Nations and Canadian Constitutional Changes
Date: Fri, 2 Oct 1992 02:53:21 GMT

Original-Sender: G'Day <AC.DAL.CA!BTHILL>

Gary Peterson wrote:

>I am exploring the changing relationship between the
>First Nations and the Canadian government.  I would like to learn more about
>these changes and would appreciate any help people could give me, by either
>answering my questions, or suggesting sources were I could search for answers.

>Some of the questions I have about relations between the Federal government
>and native groups:

>(1)  What do people think the proposed constitutional changes will actually
>mean to native communities?

I am currently taking a course in Aboriginal people and the law from a Cree
woman who acted as one of the legal counsellors to Ovide Mercredi - leader of
the Assembly of First Nations, (AFN). My teacher's name is Mary Ellen Turpel.
The AFN was at the table and supports the constitutional amendment package
that was agreed to at the end of the summer in Charlottetown, PEI.  Its known
as the Charlottetown Accord and it is the subject of a national referendum on
October 26th.

Mary Ellen spent some time explaining the provisions that related to aboriginal
people in our last class and as a result I can understand why many First Nations
have publically stated that they do not support the package and will vote NO
on the referendum.  There is no doubt that the package is the result of a
political concensus in which a lot of attention was paid to federal and
provincial interests but the AFN believes that it is in the best interests of
all First Nations to support this Accord.  In other words, I think they believe
they did as well as they could for now...

>(2)  What is the range of opinions on the value of these changes within
>the native community?

The AFN supports it but other native groups have come out against it.  In
particular, a Native Women's group, several Manitoba chiefs and other First
Nations people are voting NO to the package.

>(3)  What aspects of the deal to people like/dislike?

>(4)  Do people think native leaders did a good job negotiating the deal?  What
>about the exclusion of native women?

 I think the Native Women are concerned that the proposals on self-government
that are in the package abrogate from the constitutional rights that are
guaranteed in the Canadian Charter of Rights and Freedoms which is already a
part of our constitution.  It is not accurate to sayt that native women were
excluded because Mary Ellen and other First Nation Women were at the table. It
was clear from a recent radio interview that the Native Women's group who raised
this concern are at odds with Mary Ellen.

>(5)  How do the constitutional changes impact land-use on reserves or land
>claimed by groups?  Is there going to be any kind of moratorium on development
>(logging, dams, etc.) until issues are resolved?

No moratorium in the package but a five year freeze on implementation of the
new provisons.  Ongoing land claims continue but new claims are also frozen
out for 5 years.  There is nothing in the package that will prevent continued
'development' of lands in dispute.

>(6)  How does the new constitutional deal affect the balance of power between
>native governments and provincial/territorial governments?  Particularly, will
>this new aggreement result in changes in relations in Quebec?

The accord recognizes aboriginal self government as a third level of government.
There is nothing that specifically alters the relationship between the First
Nations and Quebec.

I hope some of these comments help a bit.  They probably raise more questions
than answers but I hope we will continue to discuss this on the net.
I'm also interested in hearing what people think about this package,

-Brian Hill , e-mail: bthill@ac.dal.ca

Newsgroups: alt.native,talk.environment,ca.environment