Aboriginal Peoples and Government Responsibility

Aboriginal Peoples and Government Responsibility: Exploring Federal and Provincial Roles

Edited By David C. Hawkes
Copyright Date: 1995
Pages: 368
https://www.jstor.org/stable/j.ctt81btz
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  • Book Info
    Aboriginal Peoples and Government Responsibility
    Book Description:

    An examination of federal and provincial government responsibilities with respect to native peoples, these essays deal with the most appalling "political football" in Canadian politics. Specially commissioned experts in the field write on topics such as fiscal, legal and constitutional issues, and examine the circumstances of specific native groups in Canada.

    eISBN: 978-0-7735-8236-1
    Subjects: Sociology

Table of Contents

  1. Front Matter
    (pp. 1-4)
  2. Table of Contents
    (pp. 5-6)
  3. ACKNOWLEDGEMENTS
    (pp. 7-8)
    David C. Hawkes
  4. CHAPTER 1 INTRODUCTION
    (pp. 9-16)
    David C. Hawkes

    During the past decade, attention in the field of aboriginal affairs has been riveted upon issues of aboriginal rights and constitutional reform, and in particular on the subject of entrenching the right to aboriginal self-government in theConstitution Act, 1982. While the focus is understandable, given the importance of the exercise (both symbolic and real), nevertheless it has shifted the attention away from other worthy issues. Some of these are less ethereal in character, such as the delivery of services in aboriginal communities, while others, such as federal/provincial responsibility, affect issues of both constitutional reformandservice delivery. Because of...

  5. Part I Conceptual and Analytic Frameworks
    • CHAPTER 2 FEDERALISM IN THE ERA OF ABORIGINAL SELF-GOVERNMENT
      (pp. 19-58)
      Alan Pratt

      It is clear that aboriginal communities and institutions will remain dependent upon government programs, services and transfer payments for the foreseeable future, even as they develop toward greater self-government and self-reliance. However, recent experience has reaffirmed that uncertainties regarding the roles of the provincial and federal governments in program and service provision are undermining progress toward the shared goal of aboriginal development.

      This chapter examines the conceptual framework for determining federal and provincial responsibilities for programs and services delivered to aboriginal people. It is assumed that these responsibilities will continue to govern their respective roles in providing ongoing transfer-funding and...

    • CHAPTER 3 GOVERNMENT OBLIGATIONS, ABORIGINAL PEOPLES AND SECTION 91(24) OF THE CONSTITUTION ACT, 1867
      (pp. 59-92)
      Bradford Morse

      This chapter canvasses a range of aspects relating to the scope of s.91(24) of theConstitution Act, 1867and its impact upon federal, provincial and aboriginal views of their common relationship within the context of the debate over the magic words “jurisdiction” and “responsibility.” Following a definition of these terms, the discussion examines the attitudes of the three parties over the decades. The heart of this contribution is to consider the developments in the doctrine of fiduciary obligations since the pivotal court case ofGuerin v. The Queen¹ as well as to explore the potential ramifications of this new judicial...

    • CHAPTER 4 FISCAL ARRANGEMENTS FOR ABORIGINAL SELF-GOVERNMENT
      (pp. 93-138)
      David C. Hawkes and Allan M. Maslove

      Fiscal arrangements for aboriginal self-government are not hypothetical or abstract matters. At this very moment, negotiations are proceeding with regard to the appropriate type of fiscal arrangement for different forms of self-government. Fiscal arrangements are already in place for the James Bay Cree and Naskapi, for the Northeastern Quebec Inuit, as well as for the Sechelt peoples in British Columbia. In addition, alternative funding agreements continue to be negotiated between the Department of Indian Affairs and Northern Development and Indian band governments. Community self-government negotiations, which are now at the framework-proposal and agreement stage, are underway in over forty communities....

  6. Part II Existing Federal and Provincial Responsibilities
    • CHAPTER 5 HIGH POLITICS IS NOT ENOUGH: POLICIES AND PROGRAMS FOR ABORIGINAL PEOPLES IN ALBERTA AND ONTARIO
      (pp. 141-172)
      Frances Abele and Katherine Graham

      The long process of political mobilization and national organization begun by aboriginal peoples¹ in the mid-1960s culminated in a series of First Ministers’ Conferences (FMCs) on Aboriginal Constitutional Matters in the 1980s. Canada’s newly patriated and amended Constitution entrenched “existing aboriginal and treaty rights” and set in motion the series of highly publicized meetings of federal, provincial and aboriginal leaders.² Although the FMCs concluded without resolution of what became the focal issue—constitutional entrenchment of aboriginal peoples’ inherent right to self-government—the participants in the process may count many victories, including the constitutional amendment itself, increased public awareness of, and...

    • CHAPTER 6 FEDERAL AND PROVINCIAL RESPONSIBILITIES FOR THE CREE, NASKAPI AND INUIT UNDER THE JAMES BAY AND NORTHERN QUEBEC, AND NORTHEASTERN QUEBEC AGREEMENTS
      (pp. 173-242)
      Evelyn J. Peters

      The James Bay and Northern Quebec Agreement was signed in 1975, and the Northeastern Quebec Agreement was signed three years later. These agreements represented the settlement of native land claims in the James Bay area of northern Quebec, and formed the first modern land claims agreement under the new federal policy of addressing outstanding native land rights. Since that time, the Western Arctic Claim was signed with the Inuvialuit in 1984, and an agreement in principle was signed with the Dene and Metis of the Northwest Territories in the fall of 1988.

      The Cree and the Inuit have described the...

    • CHAPTER 7 FEDERAL AND PROVINCIAL RESPONSIBILITY IN THE METIS SETTLEMENTS OF ALBERTA
      (pp. 243-296)
      Fred V. Martin

      1988 marks the fiftieth anniversary for Metis settlements in Alberta. Legislation passed in 1938 created five geographical areas in Alberta almost equal to Prince Edward Island in total size that are occupied by Metis collectively exercising rights of land ownership and self-government. The geographical blocks are divided into eight Metis Settlement Areas, each set aside for a Metis Settlement Association created under theMetis Betterment Actof Alberta. The settlements are home to about 5,000 Metis.

      As the only lands in Canada held and “governed” by Metis, the Metis Settlements of Alberta have a unique and interesting history. Although both...

    • CHAPTER 8 FEDERAL/PROVINCIAL RESPONSIBILITY AND THE SECHELT
      (pp. 297-348)
      John P. Taylor and Gary Paget

      On June 24, 1988, the Sechelt Indian Band hosted a ceremony commemorating the achievement of self-government, a day marking the symbolic conclusion to a long fight. They celebrated freedom from theIndian Act, the establishment of their own band constitution, achievement of control of band lands and the establishment of relatively autonomous self-government with a wide range of powers. The provincial government praised the Sechelts for pioneering a form of self-government which can become a model for other Indian bands, particularly because it enables the Sechelts to take their place at the table with other local governments in the province....

  7. Part III Challenges and Conclusions
    • CHAPTER 9 ADDRESS BY THE HONOURABLE IAN G. SCOTT, MINISTER RESPONSIBLE FOR NATIVE AFFAIRS AND ATTORNEY GENERAL (ONTARIO)
      (pp. 351-358)
      Ian G. Scott

      It is a pleasure to address this conference. I have now been minister responsible for native affairs in Ontario for just three years. Those years have been for me full and rewarding—as we have at long last begun the responsibility of responding to land claims, continued to grapple with the issues presented by the aboriginal desire for constitutional change and set in place in our province some mechanisms within which we may tackle the objectives of our native citizens in the area of self-government.

      But I propose tonight simply to say a word about another challenge, a major challenge,...

    • CHAPTER 10 CONCLUSION
      (pp. 359-368)
      David C. Hawkes

      Despite the wide range of subjects covered in the preceding chapters, a number of common themes emerge. These themes, together with the main lines of argument which dominated the conference on aboriginal peoples and federal/provincial government responsibility,¹ are woven together in this final chapter.

      With respect to government roles and responsibilities, it is important to distinguish between government jurisdiction and government responsibility.

      While this point is applicable to any field of government activity, it is particularly important for aboriginal peoples, since they are identified in the Constitution, in s.91(24), as a federal head of power.² Federal and provincial government jurisdiction...

  8. THE CONTRIBUTORS
    (pp. 369-369)