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The Liberal government's plan for self-government has met with almost universal condemnation from Native leaders, who say the plan will turn First Nations into municipalities.
The plan, released Aug. 10, calls for individual negotiations with each First Nation. Items that could be turned over to their jurisdiction include education, health, social services, policing, membership, land and natural resources management.
The Charter of Rights and Freedoms and the Canadian Criminal Code would still apply, and the federal government would retain responsibility for national security and defense, international treaties and security of national borders.
But in many areas, First Nations would have to involve the province in talks and gain provincial endorsement to control such things as divorce, environmental issues or the administration of justice.
Phil Fontaine, Grand Chief of the Assembly of Manitoba Chiefs, says the plan is unacceptable and falls short of what the government has already promised to Manitoba's First Nations.
The December 1994 framework agreement signed between Ottawa and Manitoba First Nations clearly recognizes the right of the province's Indians to run their own economic, political and judicial affairs, Fontaine said.
"What we're talking about is true self-government. Anything less is absolutely unacceptable."
Federal Minister of Indian Affairs Ron Irwin met with 100 chiefs, nine provincial ministers of Aboriginal affairs, leaders in the Yukon and Northwest Territories and Elders before drawing up the plan, which he says recognizes the inherent right of self-government.
"It's inherent, it belongs to the First Nations. Our job is to make sure we do this in a pragmatic manner. My job is to make sure the way is smooth and it's done as quickly and efficiently as possible," Irwin says.
Some leaders, including Mike Beaver, Alberta vice-chief of the Assembly of First Nations, and Ghislan Picard, Assembly of First Nations vice-chief for Quebec, say the plan is too restrictive.
"We can only negotiate on certain things," Beaver says.
The policy has already defined the parameters for the negotiations, Picard says.
"The opinion of many First Nations in Quebec is that everything should be on the table," Picard adds.
Saul Terry, head of the Union of B.C. Indian Chiefs, says there's little new in the plan.
"We're being forced to accept the programs and services as set out by the federal government and we're going to be forced to deal with the dollars that are there," Terry says.
Indian Affairs got a six-percent budget increase this year, the only ministry to get an increase, Irwin says, but there's no more money to implement the self-government plan.
"It think what we'll be relegated to is to administer our own poverty," Terry says.
Blaine Favel, Chief of the Federation of Saskatchewan Indian Nations, says the document doesn't reflect their understanding of treaty rights or the nation-to-nation relationship First Nations enjoy with Canada. The mandate of the FSIN, he says, is to continue discussions on treaty implementation.
Indians who live off-reserve and Metis people are also included in the self-government plan. The approaches to those Aboriginal people who do not have a land base may include setting up their own forms of public government, devolving government programs and services or setting up institutions to provide those services.
Many Native leaders think Irwin is rushing the self-government plan. He wants to have most of the arrangements in place in two years, the amount of time has before the next federal election.
More creative discussion needs to go on to get a clearer idea of where they're coming from and where they're going, Terry says.
"If it needs to happen, it's got to happen at our own pace. It's not up to a government outside to decide it," Picard agrees.
"It's a slow process. It's going to be a slow process because education is needed. Building communities is also something hat we need to do.
"Aboriginal self-government is a must, but we should be allowed to use our own time frames."
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