Irwin to alter Indian Act

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At the Alberta Chief's Summit on March 16, Indian Affairs and Northern Development Minister Ron Irwin announced that his department would be cutting some passages of the Indian Act altogether. He said that parts of the Act, enacted and largely unchanged since the late 19th century, are outdated.

"The act is an impediment to change," he said. "I am personally offended by provisions that require me and my cabinet colleagues to become involved in activities and decisions that should be the business of First Nations."

Irwin had read a passage from the Act as an example, which required that the band superintendent approve in writing any and all transactions selling farm products off reserve. The minister called the section (section 32) "appalling" and promised to remove it, as well as other offending sections.

He was clear that he is not changing the Indian Act sections which protect Aboriginal lands, nor will the changes slow down or significantly alter ongoing negotiations of self-government provisions or land claims. What he intends to get rid of - and there is to be little revision, almost nothing but cutting - are the parts that are basically dead wood.

"The Indian Act...is an insulting reminder of Canada's colonial past," he said, and then proceeded to outline his program of change, which he insisted is for the short term only.

"We are not trying to patch up the Act so that it will last for another 100 years or even another 10 years," he said. "Our objective is making self-government a reality quickly."

Sections of the Act will be deleted only with general agreement. Irwin will let Native leaders know what he is planning to do and they will have an opportunity to respond. And he promises changes will be made in areas where Indian authority is limited by the act, so that the deletions will extend responsibility and authority from the federal government to the bands.

Finally, Irwin insisted that not a lot of time be spent on this process. The federal government doesn't have a lot of money ear-marked for this process, so the tasks taken

on will be easy ones. Complex issues won't be addressed in the Indian Act changes at all, but will be left for self-government and claims negotiations.

"Should we put up with antiquated provisions in the act that prevent First Nations from legally managing their own affairs?" asked Irwin. "Their land, their monies and their natural resources? Should I as minister retain the power to veto band bylaws?

"Can we afford to tolerate technical deficiencies that impede land claims settlements and make it more difficult for First Nations to pursue economic development and self-sufficiency?"

The minister said he believes the changes he is suggesting will not detract from the urgency or the efficiency of the larger process, but will make operating over the next few years, while other framework are put in place, considerably easier.

He again and again said that he would not act unilaterally, but will involve Native leaders from all across Canada. Their views were to be sought by letters sent to every chief in Canada last week.

"I will ask them, as I am asking you, to focus on the most archaic and objectionable provisions of the Indian Act."

Irwin will expect feedback by the end of May, and he will prepare his program of change shortly thereafter.

He also asked for input, specifically from Alberta First Nations, in outlining the treaty negotiation process which bands and the federal government will go through as they try to come to terms on everything from education to self-government over the next decade or so.