Premiers split on self-government issue

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True to the prediction by the press and Aboriginal leaders that the First Ministers Conference on the Constitutional Amendment process would collapse, this became a reality on the second day of the constitutional talks.

Nine premiers and the Quebec representative were split over the federal draft outlining provisions to guarantee some form of enforceable right to self-government.

The western premiers of Saskatchewan, Alberta, and British Columbia, vetoed the federal amendment formula. The premier of Newfoundland and the Intergovernmental Affairs Minister of Quebec also refused to endorse Brian Mulroney's last-ditch attempt to entrench 'middle-of-the-road' right to self-government in the Constitution.

The moderate premiers of Ontario, New Brunswick, Prince Edward Island, Nova Scotia and Manitoba supported the federal constitution amendment draft. They expressed some hope of reaching a compromise that would have enshrined an explicit right to self-government in the Constitution.

However, behind closed doors, it was visible that Prime Minister Brian Mulroney, would not receive the support of seven provinces, representing over 50 per cent of Canada's population, to be successful with his draft. If the failure to gain support fro the premiers was not enough, the Aboriginal groups showing solidarity, totally rejected the federal proposal, adding salt to the injury Mulroney received from the four premiers and Quebec's representative.

Just as the Aboriginal groups were steadfast in their demand for an inherent right, or unqualified right to self-government, to be entrenched in the Constitution, the western premiers (Saskatchewan, Alberta, British Columbia) and the premier of Newfoundland, were equally adamant not to entrench an unqualified inherent right, or an explicit right to self-government.

The premiers from Alberta and British Columbia totally rejected any form of a right to self-government, however, Newfoundland and Saskatchewan premiers were inclined to compromise a 'contingent' right to self-government enshrined in the Constitution.

The impasse was confirmed during the first day of the First Ministers Conference on Constitution Matters, when the premiers from Saskatchewan, Alberta and British Columbia, rejected the Ontario and New Brunswick drafts for constitutional amendment.

The impasse solidified on the second day when the premier from Newfoundland and Quebec's representative joined ranks with the western provinces.

The premiers ? Devine, Getty and Vander Zalm ? demanded that negotiations between provincial governments and Aboriginal groups first occur to try and define Aboriginal rights, the right to self-government and the powers and jurisdiction of self-government status.

They could not support the unqualified "right to self-government", whether or not those were defined as 'inherent' or 'explicit', because it would have provided accessibility to the Aboriginal peoples, if entrenched in the Constitution, of a process to take those unqualified rights to the court for definition/interpretations.

Peckford, Devine, Getty and Vander Zalm, all agreed that the entrenchment of an 'inherent' or 'explicit' right to self-government would have paved the foundation to have the judicial system involved, and that this process would have eroded the powers and jurisdiction of the provinces as outlined in the Constitution Act (1867).

The premiers cited that the foundations of entering into Canada's Confederation were clearly defined and the Constitution Act (1867) also provided the provinces with legislative powers and jurisdiction and that those rights of the provinces must be protected.

They argued that the provinces are guarantee legislative powers to define Aboriginal right to self-government and how 'self-rule' is developed and implemented in their provinces.

The premiers would never see that legislative power be transferred to the judicial system because the legislative powers belong to the provinces, notto the courts, explained the premiers.

In their statements, the premiers did acknowledge that the Constitutional Amendment process is the proper one and it should continue but only after those Aboriginal rights, rights to self-government and powers of the respective self-government status should be defined at the provincial level.

The premiers recognized the need to define Aboriginal rights that are "recognized and affirmed", under Section 35 of the Constitution Act (1983), but as it stands now, they could not allow entrenchment of those unqualified rights.