Thank you, Mr. Speaker. Early on in the F.M.C. process, federal, provincial and territorial governments expressed their support for constitutional recognition of the inherent right to aboriginal self-government. In the months that followed, participants built on this principle and commitment, which the special committee considers as the most fundamental and far-reaching achievement of the constitutional reform process.

From a northern perspective, the Constitution will provide the Dene, Metis, and Inuvialuit the means to shape public government to reflect aboriginal objectives; pursue the development and establishment of their own institutions; or both.

Moreover, a third order of aboriginal government will be guaranteed in the north before new provinces are created. This is a significant achievement relative to southern Canada where aboriginal peoples will have to negotiate with provincial governments which have controlled the power and resources over the last 100 years.

The following identifies highlights of the aboriginal package in the Consensus Report:

Inherent Right To Aboriginal Self-Government

-Constitutional Recognition of the Inherent Right. The Constitution should be amended to recognize that the aboriginal peoples of Canada have the inherent right to self-government within Canada.

-Justiciability. The inherent right of self-government should be entrenched in the Constitution; however, the ability to enforce the right through the courts should be delayed for a five year period through constitutional language and a political accord.

-Application of Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms should apply immediately to governments of aboriginal peoples, including the capacity to make use of the "not withstanding" clause. This means that aboriginal governments would have the constitutional authority to override constitutional rights and freedoms including the capacity to make laws to which the Charter will not apply.

-Recognition in the Canada clause. There should be a reference to aboriginal peoples in the Canada clause section of the Constitution. The recommended wording is: "The aboriginal peoples of Canada, being the first peoples to govern this land, have the right to promote their languages, cultures, and traditions, and to ensure the integrity of their societies, and their governments constitute one of the three orders of government in Canada." - Description and application of inherent right to self-government. The Constitution should recognize that the exercise of the right to self-government includes the authority of the duly constituted legislative bodies of aboriginal peoples within the territorial limits of their jurisdiction or within the jurisdiction of their institutions. To safeguard and develop their language, cultural, economic, identities, institutions, traditions, and to develop, maintain and strengthen their relationship with their lands, waters, and environment, so as to determine and control their development as peoples according to their values, and priorities, and ensure the integrity of their societies.

This provision recognizes the jurisdiction of off-reserve aboriginal self-government institutions. Other self-government revisions should provide for institutions which are open to the participation of all residents in the regions covered by a self-government agreement.

Method Of Exercising Of the Inherent Right

Mr. Speaker, the method of exercising their inherent right, is important. There should be a constitutional amendment by governments and the Indian, Inuit and Metis people to negotiate in good faith with the objective of concluding agreements, elaborating their relationship between aboriginal governments and other governments.

The negotiations would focus on the implementation of the right of self-government, including issues of jurisdiction, land and resources, and economic and fiscal relations.

Regarding the process of negotiations, the political accord should be developed to guide a process of self-government negotiations. All aboriginal people of Canada shall have equitable access to the process of negotiation.

Self-government negotiations shall take into consideration the different circumstances of the various aboriginal people. Self-government agreements could be set out in future treaties including land claims agreements or amendments to existing treaties, including land claims agreements.

Alternatively, self-government agreements may be made without pursuant land claims settlements at all. There should be an explicit statement in the constitution that commitments to negotiate, does not make the right to self-government contingent on negotiations, or in any way effect the justiciability of the right of self-government.

Regarding the legal transition, a constitutional provision should ensure that government's laws will continue to apply until they are displaced by laws passed by governments of aboriginal peoples pursuant to their authority.

Regarding treaties, the constitution should be amended as follows:

-treaties should be interpreted in a just, broad and liberal manner, taking into account the spirit and intent of the treaties, and the context in which the specific treaties were negotiated; and

-the federal government should be committed to establishing and participating in good faith in a joint process to clarify or implement treaty rights, or to rectify terms of treaties when agreed to by the parties. Other governments should also be committed, to the extent that they have jurisdiction, to participation in the above treaty process when invited by the federal government, and aboriginal peoples or where their role is specified in a treaty.

Mr. Speaker, I would like to ask Mr. Bernhardt to continue with our report.