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AFN press release 

Assembly of First Nations 31st Annual General Assembly closing communique

WINNIPEG, July 22 /CNW Telbec/ - First Nation Chiefs and delegates gathered within Treaty One territories at Winnipeg stand together and stand united.

As stated in our Declaration of 1982, we are the Original Peoples of this land with laws and responsibilities given to us by the Creator.

Our rights have been affirmed within the Constitution of Canada and within decisions of the Supreme Court of Canada; yet still, our Treaties remain unfulfilled and our Title and rights are not respected.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted in 2007 as an international standard of achievement to be pursued in a spirit of partnership and mutual respect and that Canada and First Nations must endorse and act to implement the UNDRIP.

First Nations affirm our international relations as evidenced through the participation of Ambassadors from the United States of America and Bolivia.

First Nations leadership affirm our rights and responsibilities to our natural world including our lands, waters and all resources.

First Nations leadership advance a National Treaty Strategy to fully support Treaty Nations to advance their Treaty rights and responsibilities,

First Nations leadership affirm our right to benefit fully from our Aboriginal title and rights.

First Nations leadership affirm our rights and responsibilities as First Nation governments to be fully accountable and transparent to all of our citizens and the urgent need to secure and sustain our governments through exercising our jurisdiction and building our economies.

First Nations leadership affirm the Indigenous languages as the first languages of our nations and as official languages of Canada.

First Nations leadership affirm First Nation control of First Nation education as a national priority and call on all Governments and on all Canadians to support First Nation education.

First Nations leadership demand that Canada uphold its obligations to the First Nations of Canada and call for a national First Nation - Crown Relationship Gathering to initiate a process and a comprehensive plan affirming our rights, Treaties and Aboriginal title for a way forward as developed and approved by First Nations.

First Nations leadership seek legislated guarantees of funding ensuring fairness and equity through direct fiscal transfer arrangements for First Nation funding reflecting the responsibilities and needs faced by First Nation governments.

First Nations leadership affirm the role of the Elders and Veterans in directing our vision, the integral role of women in all matters of our Nations and fully embrace, encourage and support youth leadership.

First Nations leadership, as through our resolutions, direct the National Chief and the National Executive to advance specific legal action and challenges, intergovernmental dialogue and direct action including national events to advocate and educate all Canadians in fulfillment of this communiqué.

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For further information: Don Kelly, AFN A/Communications Director, (613) 292-2787, or dkelly@afn.ca; Alain Garon, AFN Bilingual Communications Officer, (613) 292-0857, or agaron@afn.ca; Jenna Young, AFN Communications Officer, (613) 314-8157, or jyoung@afn.ca

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From First Perspective

Rolling Back Indian Act Does Not Diminish Treaties       

03 August 2010

Rolling back the Indian Act does not diminish the Treaties, by James B. Wilson and Robert Talbot

On July 20, 2010 at the Assembly of First Nations Annual General Assembly in Winnipeg, Manitoba, National Chief Shawn Atleo called for the repeal of the Indian Act within 2 to 5 years.  Months before, the Minister of Indian and Northern Affairs, Chuck Strahl, announced the government’s plan to repeal sections 114-122 of the Indian Act, those sections dealing with education, and displayed the federal government’s long term desire to move away from the Indian Act as a measure to reverse the dependency and paternalism built into its structure.

Since National Chief Atleo’s speech, many have been asking, “Would the removal of the Indian Act affect the First Nations / Federal government relationship and shared responsibilities as defined by the treaties?”  Absolutely not. In fact, the removal of the Indian Act means an increase in the practical application of the treaty relationship and a move towards greater self-reliance for First Nations. The bigger question will be, what will take its place?

Numerous treaties were signed between First Nations and the Crown before the Indian Act (1876).  In Manitoba Treaties 1, 2, 3, 4 and 5 were negotiated and signed between 1871 and 1875.

The Indian Act was created in part as an attempt (however botched), to create a regime under which certain treaty obligations could be implemented. In other words, the Act is in part a result of the treaties, and not vice versa. By this logic, dismantling the Indian Act would not diminish the treaties, as they preceded the Act.

The Indian Act is merely a piece of legislation. By their very nature, Parliamentary Acts can be amended or abolished with relative ease (notwithstanding certain constitutional provisions) - they are not necessarily intended to last forever.  However, by contrast, the Treaties were solemn agreements between First Nations and the Crown, intended by both sides to last forever. They provided the terms under which certain First Nations entered Confederation. Significantly, the Treaties also have constitutional protection (sections 25 and 35 of the 1982 Constitution Act), while the Indian Act does not.

If the Act is dismantled, treaty obligations do not diminish one iota.  What, then, will take the place of the Indian Act?  Manitoba First Nations have created an alternative that meets the administrative needs of Canada, moves towards greater self-reliance and would remove INAC from its paternalistic role in First Nations lives.

Manitoba started the Education Framework Agreement (EFA) (90 - 94) to remove Manitoba First Nations from INAC / Indian Act control. Over 10,000 people were consulted to create the template for creating a First Nations education system initially. EFA was amalgamated into the Framework Agreement Initiative (FAI) back in 1994 - 2000.   The education model was amalgamated into a system wide reform strategy.

Grand Chiefs of the Assembly of Manitoba Chiefs Phil Fontaine and Dennis White Bird were in charge during this time. The groundwork for removal of the Indian Act is there. Lack of political will killed the last move, but times have changed.

The goal of repealing the Indian Act must be to reverse the dependency inherently built into it; to ensure the long-term self-reliance that the treaties were based upon; and to balance the relationship between First Nations and Canada.

The federal government has signalled that it would prefer to move towards repealing the act section by section, issue by issue.  Given the fear associated with an outright removal of the Indian Act, this may be a prudent way forward. But Ottawa must not lose sight of the fact that passing the buck to the provinces or rolling back the Indian Act will not diminish treaty obligations nor the treaty relationship. With this in mind, the replacement of sections 114-122 of the IA with a properly resourced First Nations-run education system could pave the way towards the academic and cultural rigour necessary to lead First Nations out of INAC dependency.

James Wilson served as the education director of Opaskwayak Cree Nation and was recently appointed Commissioner of the Treaty Relations Commission of Manitoba. Robert Talbot is the author of Negotiating the Numbered Treaties: An Intellectual & Political Biography of Alexander Morris (Purich, 2009).