AIAI FIRST NATIONS’ POSITION FIRST NATION-CROWN GATHERING
Association of Iroquois and Allied Indians
First Nations’ Position First Nation-Crown Gathering
24 January 2012
Background
Recent high-level public opinion about the plight of Indigenous peoples maintained throughout the media has prompted Canada to convene a one-day session with First Nation leadership. It is speculated that one of Canada’s underlying intentions is to attempt to regain control over public opinion. Canada needs to diffuse the tension created by the coverage and portray that not only can they respond to First Nations directly through meetings, but they will also demonstrate what has been “jointly” accomplished to date.
Our responsibility is to ensure that we provide clear solutions that will put the relationship back on its proper foundations. This document lays out how this goal may be accomplished.
Foundations of Indigenous Nations’ Position
Indigenous Nations come to this gathering mindful of significant foundational concepts that are the basis for establishing a respectful political relationship with the Canadian governments. These concepts are neither negotiable nor debatable.
1) Indigenous peoples have full jurisdiction over their Home Lands, Turtle Island, the resources, and their citizens through comprehensive governance systems.
2) Treaties and other agreements were entered into as living relationships, establishing peace, friendship, and economic stability with other Indigenous Nations and settler governments.
3) Indigenous nations and peoples possess the inherent right of self-determination by which they freely choose and pursue their political, economic, social, cultural and spiritual growth and development.
4) The formation and consolidation of Canada was made possible through the cooperation and goodwill of First Nations.
Primary Goal: Clearing the Path to Peace
As the balance of power shifted in North America the relationship moved away from the original intent of living in coexistence to one of the Crown’s assumed domination over First Nations and their citizens. The creation of the Indian Act in 1876 marks the beginning of an era of sustained, systematic oppression and subjugation of Indigenous nations and peoples.
The repatriation of the Canadian Constitution, and section 35 in particular opened a new chapter and signalled the opportunity to begin the process of Clearing the Path to Peace. Within its own legal system Canada has affirmed that the inherent rights of First Nations are pre-existing and that the Honour of the Crown must be upheld.
Thus, there remains an obligation for First Nations and the federal government to come together to clear the path for a equitable and balanced relationship.
Fundamental to clearing the path to peace, the Crown must:
- Abandon its efforts to terminate and assimilate Indigenous peoples.
- No longer utilize the tools of colonization, including extinguishment, delegated authority, legislation and policy.
- Take concrete steps with clear milestones for accomplishing the dismantling of the colonial system, including the phasing out of the Indian Act, the creation of government-to-government mechanisms, and the clear acknowledgement of the inherent and treaty rights of Indigenous nations and peoples.
Steps to Clear the Path to Peace:
1) A mutually agreed upon process with Indigenous Nations and the federal government to achieve a staged withdrawal of federal jurisdiction and the implementation of Indigenous inherent jurisdiction.
2) The provision of resources, including financial, technical, and time to support the development of the capacity and capability of First Nations to fully assume their role as governments.
3) Jointly establish an independent tribunal/mechanism with the full capacity to compel, facilitate, mediate and arbitrate all the parties in the process.
4) Each of the parties report to their respective governing bodies on the progress of negotiations.
Good Faith
If there is real commitment to the process the Federal government should provide an immediate good faith action to alleviate the burden in First Nations.
- The Immediate removal of the 2 percent cap on funding to an increase of 5 percent in year one, and an additional 5 percent in each successive year until a new fiscal relationship is developed.
- Placement of a moratorium on all legislation and policies that have not been agreed to by First Nations governments.
AIAI Position Paper(pdf)
