Leaders wrangling on self-government

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Ovide Mercredi, Grand Chief of the Assembly of First Nations has gone on record as being clearly opposed to any self-government plans on a national-provincial basis.

Without constitutional protection there will be no guarantee any deals on self-government will stand up in court, he warned.

Indian Affairs Minister Ron Irwin told the group there must be legal certainty over the agreements reached on self-government, so he is considering protecting such agreements as new section 35 treaties. The federal government proceeded with self-government on the basis that the inherent right is an existing right within section 35 of the Constitution Act, 1982. These new treaties would be in addition to the existing treaties or made a part of land claim agreements, said Irwin.

"Such an approach would be a contination of the historic relationship between Aboriginal people and the Crown which has been largely based on treaty-making processes," said Irwin.

Irwin cautioned Native groups against relying on the courts to determine sovereignty issues. The only practical way to establish new political relationship and implement self-government is through negotiations, Irwin said. Seeking answers from the courts would not be a fruitful approach, he said.

"We cannot expect the courts to write out self-government agreements for us: that is our job, and we cannot simply pass the buck to the courts on such a critical task."

Anne McLellan, interlocutor for the Metis and Non-Status Indians, said court-imposed solutions are high risk and expensive for all concerned.

"At the end of the day, the courts would likely urge us to work out a fair and reasonable accommodations, inevitably through negotiations," she added.

McLellan told the assembly the time has come to move ahead and to seek practical results.

"The only way in which we will make progress is if we are committed to work in partnership and in an open and co-operative fashion," she said.

Still, there are hold-outs for the constitutional approach. Konrad Sioui, former head of the Assembly of First Nations of Quebec and Labrador, is hopeful the Ottawa/Quebec wrangling over Native territories will renew debate on constitutional recognition of the inherent right to self-government.