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It appears that defining Native self-government for the sake of forthcoming federal negotiations will be no easy task, not even for the Natives.
One month has passed since Ottawa first announced its intention to recognize Aboriginal self-government outside the Constitution. And everyone, from the federal Indian affairs minister to national Native leaders, is having an easier time defining what Native self-government won't be rather than what it will be.
Meetings in Edmonton between federal, provincial and Native leaders Feb. 17 to 20 produced little consensus on what it means and even less agreement on how to apply it.
"It could involve administration of programs, which is something that we now do," Assembly of First Nations Grand Chief Ovide Mercredi said. "But it wouldn't be limited to just program delivery."
But simply transferring jurisdiction over programs such as education, health care, housing and justice does not equate to self-government because many bands already exercise that right under the Indian Act, he said.
The right to self-rule must include but is not limited to exclusive jurisdiction over those programs, Mercredi said.
"It would also involve upholding our sides of the treaties."
Treaties signed between the Crown and the First Nations are agreements between two nations, he said. Maintaining Native integrity as it relates to those treaties would have to be part of the self-government package.
Ottawa's line on the issue has not changed substantially in the last month, although the minister of Indian Affairs admitted he's operating without a concise definition for self-government.
The federal government is chiefly concerned with dissolving the Indian Act and then sorting out changes in jurisdiction with the provinces, Indian Affairs Minister Ron Irwin said.
Although he is "not sure of the exact type of self-government" Natives want, the minister is certain the right can be recognized without further constitutional change.
Mercredi said he also advised Irwin to deal with outstanding issues such as land claims and to recognize treaty law.
Ottawa must also back off on the issue of band membership, he said.
"Defining your membership is an aspect of government. But at the same time, we also say we have to respect the rights of all of our individual members," he said.
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