Document Information

Date: 1983-01-31
By: Thomas L. Wells
Citation: Federal-Provincial Meeting of Ministers on Aboriginal Constitutional Matters, Ontario Statement by the Hon. Thomas L. Wells, Minister of Intergovernmental Affairs, Province of Ontario, Doc 830-120/011 (Ottawa: 31 January-1 February 1983).
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DOCUMENT: 830-120/011

FEDERAL-PROVINCIAL MEETING OF MINISTERS ON ABORIGINAL
CONSTITUTIONAL MATTERS

STATEMENT BY
THE HON. THOMAS L. WELLS
MINISTER OF INTERGOVERNMENTAL AFFAIRS
PROVINCE OF ONTARIO
TO THE
MEETING OF MINISTERS AND ABORIGINAL LEADERS
ON
ABORIGINAL RIGHTS AND THE CONSTITUTION

OTTAWA, JANUARY 31 – FEBRUARY 1, 1983

MANY OF YOU HERE WILL KNOW THAT ONTARIO HAS
HAD A LONG AND ACTIVE COMMITMENT TO THE
ENTRENCHMENT OF ABORIGINAL RIGHTS IN THE
CONSTITUTION. I RECALL THAT IT WAS PREMIER DAVIS
WHO PLACED THIS ITEM ON THE AGENDA DURING THE 1979
FIRST MINISTERS’ CONFERENCE ON THE CONSTITUTION.
ONLY TEN DAYS AGO PREMIER DAVIS MET WITH ABORIGINAL
LEADERS IN ONTARIO: THE HEADS OF THE FOUR STATUS
ORGANIZATIONS, THE ONTARIO METIS ASSOCIATION AND
THE ONTARIO NATIVE WOMEN’S ASSOCIATION. THE
PURPOSE OF HIS MEETING WAS T0 EXCHANGE VIEWS ON THE
PROCESS AND SUBSTANCE OF THE UPCOMING FIRST
MINISTERS’ CONFERENCE.

THE TWO KEY ISSUES WHICH EMERGED FROM THE
DISCUSSION WERE THE ONGOING PROCESS AFTER MARCH AND
THE PROVINCEIS EXPECTATIONS FOR THE MARCH MEETING.
WE PUT FORWARD A NUMBER OF PROPOSALS. I WOULD LIKE
TO CONVEY THESE TO THIS GROUP HERE TODAY.

FROM OUR WORK AND DISCUSSIONS WE ARE
BEGINNING TO SEE WHAT CAN REALISTICALLY BE ACHIEVED
DURING THE TWO-DAY MARCH CONFERENCE. GIVEN THE
TIME AVAILABLE, I WOULD LIKE TO MAKE SEVERAL
SUGGESTIONS WHICH MIGHT AFFECT THE WORK WE DO
BETWEEN NOW AND THE FIRST MINISTERS’ CONFERENCE.

WE SHOULD RECOGNIZE HOW LITTLE DISCUSSION HAS
TAKEN PLACE MULTILATERALLY AND AT A POLITICAL
LEVEL. MORE TIME WILL SHARPEN OUR FOCUS AND
OUR UNDERSTANDING, SO THAT SOLUTIONS AND
COMPROMISES CAN EMERGE. TO SECURE THIS, I WOULD
SUGGEST AS A FIRST STEP THE FIRST MINISTERS’
CONFERENCE APPROVE AN AMENDMENT EXTENDING THE
PROVISIONS OF SECTION 37 FOR THE NEXT FIVE YEARS.
IN BRIEF, WE ARE PROPOSING THAT FIRST MINISTERS,
TERRITORIAL HEADS OF GOVERNMENT, AND
ABORIGINAL LEADERS SHOULD MEET ANNUALLY TO
CONSIDER ABORIGINAL PEOPLES ISSUES AND THE
CONSTITUTION. WE ARE NOT WEDDED TO FIVE
YEARS; PERHAPS IT IS OVERLY OPTIMISTIC WHEN WE
CONSIDER THAT THE ELEVEN GOVERNMENTS REQUIRED
FIFTY YEARS TO REACH AGREEMENT ON AN AMENDING
FORMULA! BUT EXPERIENCE HAS TAUGHT US, IN
ONTARIO, THAT THE MORE OPPORTUNITIES WE HAVE
TO DISCUSS CONSTITUTIONAL AND OTHER CONCERNS
WITH ABORIGINAL LEADERs, OUR UNDERSTANDING OF
THE NATURE OF THE PROBLEMS IMPROVES AS DOES
OUR ABILITY TO SEEK APPROPRIATE SOLUTIONS.

WE SHOULD SEEK A RESPONSE TO THE CONCERN OF
ABORIGINAL GROUPS THAT CONSTITUTIONAL
DECISIONS AFFECTING THEM COULD OCCUR WITHOUT
THEIR INVOLVEMENT. WHILE IN ONTARIO’S VIEW A
CONSENT OR VETO PROVISION COULD VIOLATE THE
PARLIAMENTARY AND FEDERAL NATURE OF OUR
COUNTRY, WE DO WANT TO PROPOSE AN AMENDMENT TO
THE GENERAL AMENDING FORMULA WHICH WOULD
COMMIT THE GOVERNMENT OF CANADA AND THE
PROVINCES TO CONSULT WITH THE ABORIGINAL
PEOPLES ON ANY PROPOSED AMENDMENT DEALING WITH
ABORIGINAL RIGHTS. ONTARIO IS PROPOSING
FORMAL CONSULTATION AS A PRACTICAL ALTERNATIVE
TO THE CONCEPT OF CONSENT.

III) FINALLY, THE ONTARIO NATIVE WOMEN’S ASSOCIATION
HAS ASKED FOR THE PROVINCE’S SUPPORT IN ESTAB-
LISHING THE PRINCIPLE OF EQUALITY WITH RESPECT
TO ABORIGINAL PEOPLES. OUR VIEW IS THAT THE
GUARANTEES CONTAINED IN SECTION 15 OF THE CHARTER
OF RIGHTS AND FREEDOMS WOULD PROBABLY APPLY.

NEVERTHELESS, ONWA HAS PROPOSED THAT AN EQUALITY
CLAUSE BE INCLUDED IN THE CONSTITUTION ACT. WE
WOULD BE IN AGREEMENT WITH THIS COURSE OF ACTION.

THESE, THEN, ARE THREE MODEST BUT IN OUR VIEW
EFFECTIVE SUGGESTIONS TO ENSURE THAT GOOD WORK AND GOOD
WILL CAN BE DIRECTED TO THE LARGER CONSTITUTIONAL ISSUES
AFFECTING THE ABORIGINAL PEOPLE, SUCH AS A CHARTER OF
ABORIGINAL RIGHTS, AN ENFORCEMENT CLAUSE, A STATEMENT
OF PRINCIPLES OR CONSIDERATION OF SELF-DETERMINATION.
ONTARIO HAS ALREADY COMMENCED WORK ON THESE SUBSTANTIVE
ITEMS AND HAS HELD SOME EXPLORATORY DISCUSSIONS WITH
ABORIGINAL GROUPS ON THESE MATTERS, BUT WE BELIEVE THE
BEST FOUNDATION FOR PRODUCTIVE TALKS WOULD BE FOR THE
FIRST MINISTERS TO ADOPT THESE CONSTITUTIONAL AMENDMENTS
FIRST.