Aboriginal Groups demand self-government

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The Aboriginal leaders' hopes for an entrenchment of their 'inherent' right to self-government at the First Ministers Conference on Constitutional Matters vanished as the talks collapsed on the second day, March 27.

The political aspirations and hopes of the Native groups to have the 'inherent' right, rather than the 'contingent' right to self-government enshrined in the Constitution evaporated when the federal draft failed to gain support from the western premiers and Native groups.

In a last bid attempt to appease the hard-line premiers (Peckford, Newfoundland; Devine, Saskatchewan; Getty, Alberta; and Vander Zalm, British Columbia) and the Native leaders, Prime Minister Brian Mulroney proposed a middle-of-the-road constitutional package that failed to gain support behind the close door session.

The federal draft was offered by Prime Minister Mulroney when it became evident that the Ontario and New Brunswick amendments were rejected by the three western premiers on the first day of the conference.

The federal draft amendment proposed by Mulroney outlined provisions for recognition and entrenchment of a Native right "to self-government within the context of Confederation;" and it also would have enshrined a constitutional criterion for parliament and the provinces to negotiate Native governments.

This particular federal draft offered a constitutional process that would have paved the way for involvement of the provinces and parliament to define the Aboriginal right to self-government and it would have included provisions facilitating judicial interpretations if the issue of self-government was taken to court by Aboriginal peoples.

It also included a provision for a review of the constitutional process on self-government after a period of 10 years.

This five-year contitutional amendment was rejected unanimously by all Aboriginal groups and the premiers of British Columbia, Alberta, Saskatchewan, Newfoundland and Quebec (Quebec's representative, Gil Millard, Intergovernmental Affairs Minister, attended the talks as an observer).

To couple this veto, the Native groups themselves refused to compromise their 'inherent' right to self-government.

The Aboriginal leaders were adamant in their demand for some guarantee of enforceable right to self-government and were not willing to accept watered-down principles that would jeopardize 'inherent' rights to self-government.

Jim Sinclair, president of the Association of Metis and Non-Status Indians of Saskatchewan, put it very clearly during an interview with CBC, "we cannot accept watered-down drafts. As you put it, if the glass of wine is watered-down too much, you cannot taste the wine," said Sinclair

When it was evident that the federal draft was rejected, Mulroney blamed some provinces that "have started to go backwards. We had seven provinces on side in 1985 and they will have to accept their share of blame for the failure," he said.

He expressed "disappointment" and "regret" that his commitment to resolve the Aboriginal right to self-government was unfruitful and said, "the price of our failure will be paid by those least able to pay" and whose right to self-government is not protected.

The Prime Minister assured the Native leaders that the constitutional amendment process is not a dead issue, "as sure as spring follows summer" there will be continuous discussions and the door is open.

Brian Mulroney blamed some provinces for the failure, "because the will was not there."