Document Information

Date: 1981-11-09
By: Alberta (Legislative Assembly)
Citation: Alberta, Legislative Assembly, Alberta Hansard, 19th Leg, 3rd Sess, 1981 at 1524.
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1524

Constitution — Aboriginal Rights

MR. PAHL: Mr. Speaker, a supplementary question to the Minister responsible for Native Affairs. Could the minister advise the Assembly as to whether he’s had any representations from native Albertans to involve himself in the process of constitutional debate with respect to the natives’ concerns?

DR. McCRIMMON: Mr. Speaker, I think it’s a little premature for that. As I understand it, the native chiefs from the Indian Association of Alberta are meeting this week. They will probably be in touch with the province to have meetings at a future date. A meeting has been set up next week with the president of the Metis Association of Alberta and the government of Alberta. Initial discussions will probably be taking place at that time. As there is a year within which these discussions can take place before decisions have to be taken and representation made at the federal level, I am sure future meetings will take place with both the Metis Association and the Indian Association of Alberta.

MR. L. CLARK: Mr. Speaker, a supplementary question. Could the minister inform the Assembly whether individual bands as well as the associations will be able to make representation to the government in regard to constitutional changes?

DR. McCRIMMON: Mr. Speaker, this government has been very open to listening to all representations from any and all native people with respect to their problems. I’m sure this will be no exception.

MR. NOTLEY: Mr. Speaker, in the absence of the Premier and the Minister of Federal and Intergovernmental Affairs, I’d like to direct this question to the Attorney General. It deals with the aboriginal rights question. I know that the Attorney General is very close to the negotiations.

As background, Mr. Speaker, just a few minutes ago the Premier of Saskatchewan indicated that the province of Saskatchewan would have no objection should the federal government decide to reinstate the aboriginal and treaty Indian sections of the constitution’s charter of rights, particularly with respect to Section 34 of the proposed charter of rights. Mr. Speaker, my question — and I think it would be helpful for the debate tomorrow — is: is the Attorney General in a position to advise the House that Alberta would in the same instance have no objection should the federal government reinstate Section 34 of the charter of rights?

MR. CRAWFORD: Mr. Speaker, I don’t feel I am in a position to answer for the Minister of Federal and Intergovernmental Affairs in regard to a policy matter relative to the accord signed last week. On that basis, I would defer it until he’s able to be here.

My only observation, however, is that the hon. member is presenting a report of something that is said to have happened. I could only note that if the position the Saskatchewan government is taking according to the report is in fact their position, it does not seem to me to be consistent with what was agreed to last week.

MR. NOTLEY: Mr. Speaker, a supplementary question to the hon. Attorney General. Given that historical and constitutional responsibility for Indians rests with the federal government — the Supreme Court has confirmed this many times — and given the spirited defence of constitutional convention by this government, especially since the Supreme Court decision on the federal resolution, would the government of Alberta support or accept the non-applicability of the notwithstanding clause to those sections dealing with aboriginal treaty provisions still within the charter? In this case, this clause would have the effect of giving provinces jurisdiction with regard to Indians, contrary to constitutional convention.

MR. CRAWFORD: I think I can be more brief this time, but begin my answer in a similar way, Mr. Speaker. The hon. member is asking in respect of a major policy matter. In the absence of the Minister of Federal and Intergovernmental Affairs, I can only take such a question as notice.

MR. NOTLEY: Mr. Speaker, a supplementary question to the hon. Minister responsible for Native Affairs. Is the minister in a position to advise the Assembly today — and again it would be useful before the debate tomorrow — whether any agreement coming out of the proposed conference on native and aboriginal rights to be held within a year, would in fact be subject to the rules for amending the constitution laid out in the accord of last week, including the opting-out provision?

MR. SPEAKER: The hon. member seems to be asking a question of opinion and interpretation concerning a document which is public, and the hon. member is entitled to have an opinion the same as anyone else.

MR. NOTLEY: Mr. Speaker, because of uncertainty over the matter, is the hon. minister in a position to clarify for the Assembly what information he has received in terms of this proposed conference at this stage?

DR. McCRIMMON: Mr. Speaker, quite frankly I still only have a draft copy; I don’t have a final copy. So I would probably like to get some constitutional legal advice and discussion with the native people in the province before I’d answer a question of that calibre.