Feb 24, 2006
What's in Store for Aboriginal Affairs - Part 1
• Part 1 • Part 2 • Part 3
Whether it is a Canadian government sanctioned report or a United Nations’ study, native Canadians living on Indian reserves are the most disadvantaged of all Canadian citizens. The newly minted Conservative government promised many things during the recent campaign. Although aboriginal policy was barely touched upon, the Canadian Taxpayers Federation (CTF) offers this, the first of a three-part series examining the Conservative’s platform:
Kelowna First Ministers Conference
In late November, the First Ministers gathered in Kelowna for a two-day aboriginal summit. At the end of their discussions a series of “plans for action” to eradicate poverty on Canada’s native reserves within the next 10 years was unveiled. To aid this pledge, the former government promised to spend an additional $5.1 billion over the next five years. It’s a laudable goal, but one that will not likely succeed.
The Conservatives promised to move forward on the goal to eradicate poverty in 10 years, however, they did not promise to spend the additional $5.1 billion. This is good news for taxpayers, because the money was not tied to any measurable goals or outcomes. Moreover, each plan for housing, healthcare or education adds to the bureaucracy of Indian affairs. None of these plans address the main flaw in the aboriginal affairs system – native reserves.
The targets to eradicate poverty on reserves are laudable, but the new Tory government must ensure the targets and money spent are tied to measurable goals and/or achievements to ensure taxpayers receive value for money spent.
Private Property
The Conservatives plan to support the development of individual property ownership on reserves, and to encourage lending for private housing and businesses.
The Canadian Taxpayers Federation applauds this pledge. Pride of ownership provides a powerful motivation for individuals to improve their property. It explains why homeowners are willing to spend their weekends fixing their houses and mowing their lawns. The reason they do so is because the property is theirs and theirs alone. They own it in “fee simple” – that is to say, outright.
For almost a decade the CTF has urged the federal government to implement a system of private property ownership – on a pilot basis or otherwise – on native reserves in Canada as a way to reduce poverty. If native communities are to become economically self-sustaining, the reserve land which is now held in trust by the Crown should be transferred to individuals natives who comprise a native community. It would then be up to natives themselves to decide if they want to transfer the land into a communal arrangement or allow for the property be owned and managed individually.
The above CTF recommendation may take a decade or more to be implement. But, in the mean time native bands should make use of Certificates of Possession (COPs). When a band issues a COP, the landholder is deemed to have an interest in the property he inhabits. This interest may then be used to apply for mortgage financing, which is otherwise unavailable to reserve residents. In addition, land held under a COP can be subdivided, left to an heir or sold to another person having a right to reside on that reserve, certificate holders tend to assume the mindset and habits of a true property owner. Therefore, Certificates of Possession should be better utilized to promote pride of ownership and prosperity in native communities.
Measurable goals, accountability and private property are a step forward to eradicate poverty on Canada’s native reserves. Let’s hope the Conservatives begin to move forward with their promises.
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What's in Store for Aboriginal Affairs - Part II
The newly minted Conservative government promised many things during the recent campaign. Although aboriginal policy was barely touched upon, the Canadian Taxpayers Federations offers this, part-two of a three-part series examining of the Conservative’s platform:
The Conservative government plans to pursue settlement of all outstanding “comprehensive claims” within a clear framework that balances the rights of aboriginal claimants with those of Canada.
Comprehensive land claims are based on the assertion of continuing aboriginal rights and claims to land that have not been dealt with by treaty or other means.
The comprehensive or treaty process currently involves a tripartite negotiation table. Meaning there are representatives from the relevant provincial government, federal government and specific Indian band. All the negotiators, lawyers, consultants, researchers and analysts – from all sides – are paid for by the taxpayer.
This funding relationship does not encourage or promote settlement. After all, why negotiate a settlement when the settlement results in the loss of your job. Furthermore, there are no deadline dates within the current process. Therefore, in some cases, negotiations for treaties have been on-going for several decades.
The new government needs to change this arrangement if they are every going to settle all outstanding comprehensive claims. One simple change to the process would be to establish deadlines for when treaties are to be finalized. The federal government could set a timeframe of five years for the parties to reach a negotiated settlement. If a settlement is not reached after five years, the federal government could impose a final treaty.
There will be a few who would criticize the imposition of treaties. They would say imposed treaties would not adequately address the needs of Indians. But how is the current system of long drawn out negotiations – that see no end in sight anytime soon – help the people living in native communities? These people are left in a perpetual purgatory until negotiations are finalized. Surely an imposed treaty would be better than continuing the current process.
The Conservatives plan to adopt measures to resolve the existing backlog of “specific” claims so as to provide justice for aboriginal claimants, together with certainty for government, industry, and non-aboriginal Canadians. Resolve backlog of “specific” claims.
Specific claims arise from Canada’s breach or non-fulfillment of lawful obligations found in treaties, agreements or statutes (including the Indian Act).
The federal government some 30 years ago waived the statute of limitations which prohibits other Canadians from taking a claim before the courts after a certain length of time (usually 6 years).
Hence why in January 2006, Ontario’s Superior Court ruled the government of Canada owed almost $1.1 million to an Ontario native band for land it sold more than 100 years prior.
Clearly, the process of addressing alleged grievances needs to be substantially modified. Simply “fast-tracking” the process is not the answer.
Successive governments have provided benefits to native Canadians that were never contemplated in the treaties; benefits such as, welfare, economic development, post-secondary education, pensions, tax exemptions, medicare, etc.
The new government should take the various benefits into account when they determine settlements for specific claims. Of course this is highly contentious, however if not adequately addressed there will never be finality in dealing with past grievances. Therefore, the backlog of “specific” claims will never cease to exist.
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What's in Store for Aboriginal Affairs - Part III
The newly minted Conservative government promised many things during the recent campaign. Although aboriginal policy was barely touched upon, the Canadian Taxpayers Federation offers this, part three of a three-part series examining the Conservative platform.
Replace the Indian Act (and related legislation) to provide for the devolution of full legal and democratic responsibility to aboriginal Canadians for their own affairs within the Constitution, including the Charter of Rights and Freedoms
The CTF applauds the Conservatives plan to abolish the Indian Act. Good governance, accountability and transparency cannot be built on a foundation of faulty legislation. Consequently, for native communities to compete successfully within the Canadian economic mainstream, the Indian Act must be phased out.
The CTF also applauds the Conservatives plan to incorporate the Human Rights Act. This Act does not apply to status Indians who live on native reserve. As unbelievable as this may seem, section 67 of the Human Rights Act states, “Nothing in this Act affects any provisions of the Indian Act or any provision made under or pursuant to that Act.” In other words, the Indian Act is the ultimate law that governs native reserves. Regrettably, the Indian Act is mute on the subject of human rights.
Abolishing the Indian Act and including aboriginal communities under the Charter of Rights and Freedom, will advance aboriginal Canadians to become Canadians of full-status.
Implement the House of Commons Standing Committee on Aboriginals Affairs recommendations for resolving Indian residential school claims to expedite the settlement of claims and save money
Listening to some media reports, one might conclude that every native Canadian attended residential school. In fact, less than one in six natives attended a residential school – or about 150,000. For example, in 1960 there were 40,637 natives enrolled in government schools across Canada. Only 9,109 were in residential schools compared with 22,049 in federal day schools and another 9,479 in regular, provincial public schools.
In 1998 the federal government delivered a statement of reconciliation and apology to those people who experienced sexual and/or physical abuse while attending residential schools. This apology paved the way for an industry funded by taxpayers and fuelled by guilt.
Were Indian residential schools perfect? Of course not. But what was the alternative? Should the federal government not have provided education for aboriginal children?
If crimes were committed in the schools – and some were – the victims of the crimes have the same right as any other citizen to seek redress through the courts. The Conservatives should take steps to ensure compensation is only paid for legitimate claims – not out of guilt.
Recognize the contribution of aboriginal veterans by implementing the resolution of the House of Commons to acknowledge the historic inequity of treatment and compensation for aboriginal war veterans.
There are some aboriginal veterans who claim they did not receive the same level of compensation that non-aboriginal veterans have. The Conservatives must view these claims in a similar way as the previous analysis of the residential school policy; any compensation should be paid for legitimate claims only.
Conclusion:
The Conservative platform, if implemented, will go along way to eradicate poverty and increase prosperity within Canada’s native communities. The new federal government has an opportunity to reform the system of aboriginal affairs. It is only through major reform that aboriginal poverty on reserves will truly be eradicated. To do otherwise is insane.