Mr. Speaker, on the issues related to the exercise of the inherent right. Regarding equity of access to section 35 rights, the constitution should provide that all of the aboriginal peoples of Canada have access to those aboriginal and treaty rights recognized and affirmed in section 35 of the Constitution Act 1982 that pertain to them.
Regarding financing, matters relating to the financing of government of aboriginal peoples should be dealt with in a political accord. The accord should commit the government of aboriginal peoples to:
- promoting equal opportunities for the well being of all aboriginal peoples;
- furthering economic, social and cultural development and employment opportunities to reduce disparities in opportunities among aboriginal peoples and between aboriginal peoples and other Canadians; and
- providing essential public services at levels reasonably comparable to those available to other Canadians in the vicinity.
The accord would also commit other governments to the principle of providing the governments of aboriginal peoples with fiscal or other resources, such as land, to assist those governments to govern their own affairs, and to meet the commitments listed above.
The issues of financing and its possible inclusion in the constitution should be on the agenda of the first First Ministers' Conferences on aboriginal constitutional matters.
Regarding affirmative action programs, the constitution should include a provision which authorizes governments of aboriginal peoples to undertake affirmative action programs for socially and economically disadvantaged individuals or groups and programs for the advancement of aboriginal languages and cultures.
Regarding gender equality, constitutional provisions which guarantee existing aboriginal and treaty rights equally to male and female persons should be retained. The issue of gender equality should be on the agenda of the first First Ministers' Conference on aboriginal constitutional matters.
Regarding future aboriginal constitutional process, the Constitution should be amended to provide for four future First Ministers' Conference on aboriginal constitutional matters beginning no later than 1996, and following every two years thereafter.
Regarding section 91(24), for greater certainty, a new provision should be added to the Constitution Act 1867 to ensure that s.91(24) applies to all aboriginal peoples.
Regarding Metis in Alberta, section 91(24), the constitution should be amended to safeguard the legislative authority of the Government of Alberta for Metis and Metis settlement lands.
Regarding Metis Nation Accord, the federal government, the provinces of Ontario, Manitoba, Saskatchewan, Alberta, British Columbia and the Metis National Council have agreed to enter into a legally binding, justiciable and enforceable accord on Metis Nation issues.
The accord commits governments to negotiate self-government agreements, lands and resources, the transfer of the portion of aboriginal programs and services available to Metis, and the cost sharing arrangements relating to Metis institutions programs and services.
The accord will define the Metis for the purposes of the Metis Nation Accord, and commits governments to enumerate and register the Metis nation.
Outstanding Issues
Regarding outstanding issues, the status of the following outstanding items is not known at this time:
-aboriginal participation in intergovernmental agreements respecting the division of powers;
-aboriginal participation in annual First Ministers' Conferences; and
-mechanisms for aboriginal consent to constitutional amendments affecting their interests, including formal amending formula powers.
Mr. Speaker, I would now like to ask Mr. Lewis to continue with our report.