FNGA gone, not forgotten

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When the House of Commons rose for the summer break on June 13, a week earlier than expected, Bill C-7, the First Nations governance legislation, died on the order paper. But it's not over till it's over. The First Nations governance act could be resurrected in the fall.

Prime Minister Jean Chretien will have a very brief window of opportunity to reintroduce legislation in September. The House resumes on Sept. 15. Two weeks later, Liberal Party delegates must state whom they'll be supporting on the first ballot at the Liberal Party of Canada leadership convention, scheduled for Nov. 15 to 17 at the Air Canada Centre in Toronto. It's expected that former Finance minister Paul Martin will command a solid majority of the delegates and will immediately become the prime minister in waiting, ready to step into the party leadership when Chretien retires in February 2004.

From that moment, Ottawa watchers predict Chretien's influence will be greatly reduced.

Since Martin has already gone on the record as saying he would not implement C-7, MPs hoping to position themselves for advancement in a Martin government may lose interest in pushing the bill forward.

First Nations technicians say only a few noteworthy amendments to the First Nations governance bill were adopted, even though almost 200 were suggested. The inclusion of a non-derogation clause, to provide an extra layer of protection for Aboriginal and treaty rights, was one. The other extended the period allowed for First Nations to develop their own governance codes from two years to three.

The government introduced an amendment that calls for the creation of a national First Nations ombudsman and the establishment of a governance centre.

First Nation political workers in Ottawa are being urged to remain vigilant.

An internal Assembly of First Nations report stated, "the Prime Minister has said publicly that he will reconvene Parliament in the fall. But many observers say that claim is bluster for the public and that the Liberals will not want to risk damaging the party by exposing a lame-duck prime minister to daily question period criticisms of a government operating with two leaders. It is generally conceded that Paul Martin will win the Liberal leadership race and that in the fall, he will be the de facto leader. If Parliament does not reconvene until November, Bill C-7 is very unlikely to pass and it will be left to die on the order paper."

Bill C-6, the Specific Claims Resolution Act, is now before the Senate. The Senate continues to sit for a few weeks after the Commons adjourned. First Nations observers believe there is a deal in place to rush the Bill through the Senate, over top of opposition from the AFN and some Aboriginal senators. Amendments proposed by the Senate would have to be ratified in the House of Commons, so that bill will not be proclaimed into law until the fall. First Nation leaders hope to find a way to knock this bill off the rails at that time and will spend the summer lobbying against it.

They say it is a flawed bill that does nothing to address the concerns dealt with by a joint AFN/Indian Affairs working group. The top limit of compensation would be capped at $10 million. Only $50 million per year is set aside to deal with an immense backlog of claims.

The government will continue to appoint and monitor the so-called independent body that was originally hoped to be a truly non-aligned, neutral, third party that would referee disputes over land claims involving the Crown and First Nations.

Bill C-19, the First Nations Fiscal and Statistical Management Act, is stuck in the committee stage in the Commons and will likely not advance until the fall. First Nation opponents will seek to persuade Paul Martin to shelve it.

Customs targets border crossings

Association of Iroquois and Allied Indians Grand Chief Chris McCormick says the Canadian Customs and Revenue Agency has informed First Nations that it will no longer tolerate borer-crossing demonstrations. The demonstrations were held to draw attention to the fact that Canada does not recognize the Jay Treaty, which in effect erases the border for First Nations people. The U.S. does recognize this treaty.

"The notice has been given to our communities that after July there'll be no more border crossings," McCormick said.

He said chiefs in his Southwestern Ontario organization are hopping mad and pledging to defy the policy edict from the federal department.