Document Information

Date: 1983-02-28
By: Billy Diamond
Citation: Federal-Provincial Meeting of Ministers on Aboriginal Constitutional Matters, Opening Statement on Aboriginal and Treaty Rights to the Federal/Provincial/Aboriginal Ministerial Meeting, Doc 830-126/009 (Ottawa: 28 February-1 March 1983).
Other formats: Click here to view the original document (PDF).

DOCUMENT: 830-126/009

FEDERAL-PROVINCIAL MEETING OF MINISTERS ON
ABORIGINAL CONSTITUTIONAL MATTERS

Opening Statement on Aboriginal and
Treaty Rights to the Federal/Provincial/
Aboriginal Ministerial Meeting by Grand
Chief Billy Diamond, Grand Council of the
Crees on behalf of the Assembly of First
Nations

Assembly of First Nations

Ottawa, Ontario
February 28 &
March 1st, 1983

National Indian Brotherhood

ASSEMBLY OF FIRST NATIONS

OPENING STATEMENT
ON ABORIGINAL AND TREATY RIGHTS
TO THE
FEDERAL/PROVINCIAL/ABORIGINAL MINISTERIAL MEETING
BY
GRAND CHIEF BILLY DIAMOND, GRAND COUNCIL OF THE CREES
ON BEHALF OF THE ASSEMBLY OF FIRST NATIONS
FEBRUARY 28, 1983
OTTAWA

OPENING STATEMENT BY GRAND CHIEF BILLY DIAMOND, GRAND COUNCIL
OF THE CREES ON BEHALF OF THE ASSEMBLY OF FIRST NATIONS

MR. CHAIRMAN, YOU SUGGESTED IN YOUR TELEX ON FEBRUARY 23,
ADDRESSED TO DR. DAVID AHENAKEW, NATIONAL CHIEF OF THE
ASSEMBLY OF FIRST NATIONS, THAT WE SHOULD PLAN OVER THE NEXT
TWO DAYS TO GIVE ATTENTION TO THE PROPOSED CONSTITUTIONAL
AMENDMENTS WHICH WERE DISCUSSED BY OUR OFFICIALS ON FEBRUARY
15. WE HAVE SOME DIFFICULTIES WITH THE PROPOSED AMENDMENTS,
AND AT THE OUTSET THIS MORNING, I WOULD LIKE TO IDENTIFY
BRIEFLY OUR MAJOR CONCERNS, THEN I WOULD LIKE TO PRESENT OUR
PRINCIPLES.

FIRST, ON THE MATTER OF THE “ON-GOING PROCESS”, THERE ARE TWO
PROPOSALS ON THE TABLE. THEY HAVE SOME ELEMENTS THAT WE CAN
SUPPORT AND OTHERS THAT WE CANNOT. WE CAN ALL AGREE THAT THE
ON-GOING PROCESS IS ABSOLUTELY NECESSARY. HOWEVER, WE FEEL
THAT NEITHER CANADA’S NOR ONTARIO’S PROPOSALS ADDRESS THE
ISSUE ADEQUATELY NOR DO THEY REFLECT THE COMPLEXITY OF THE
ABORIGINAL ISSUES.

WE SUGGEST TO THE DELEGATIONS AROUND THE TABLE THAT THE PRIME
MINISTER SHOULD ADJOURN THE MARCH 15-16 CONFERENCE TO
RECONVENE WITHIN A YEAR. THIS WOULD ALLOW TIME FOR THE
APPROPRIATE RESOLUTIONS TO BE ENACTED TO ENTRENCH
THE ON-GOING PROCESS. WE ALSO TAKE THE POSITION THAT DURING
THIS RECESS THE MINISTERIAL AND OFFICIALS’ MEETINGS SHOULD BE
CO-CHAIRED BY REPRESENTATIVE OF THE FEDERAL GOVERNMENT AND
THE ABORIGINAL PEOPLES.

ALSO, FIRST MINISTERS’ CONFERENCES SHOULD BE HELD ANNUALLY
FOR THE FIRST TWO YEARS AND EVERY TWO YEARS THEREAFTER, UNTIL
ALL OUTSTANDING MATTERS ARE RESOLVED.

WE DO NOT ACCEPT THE NOTION OF BEING INVITED TO PARTICIPATE
IN A PROCESS IN WHICH WE ARE NOT EQUAL PARTNERS. WE WANT TO
STATE CLEARLY AND WITHOUT RESERVATION THAT “THOSE MATTERS
THAT DIRECTLY AFFECT US” CAN ONLY BE DETERMINED THROUGH OUR
FULL INVOLVEMENT.

THIS BRINGS US TO THE SECOND SERIES OF AMENDMENTS ON THE
MATTER OF “CONSENT”. ONLY “FORMAL CONSULTATION” IS BEING
SUGGESTED IN CANADA’S AND ONTARIO’S PROPOSED AMENDMENTS.
THIS IS NOT ACCEPTABLE. OUR VIEW IS THAT NOTHING SHORT OF
CONSENT ON MATTERS RESPECTING ABORIGINAL RIGHTS IS FAIR AND
REASONABLE.

IT IS INCONCEIVABLE TO US THAT YOUR GOVERNMENTS AND THE
PEOPLE OF CANADA COULD EVER CONDONE CHANGING OUR RIGHTS
WITHOUT OUR CONSENT. TO DO SO WOULD VIOLATE AND DESTROY THE
BASIC RECOGNITION OF OUR NATIONS’ STATUS WHICH BEGAN WITH THE
ROYAL PROCLAMATION, AND WHICH HAS BEEN CONFIRMED IN EVERY
TREATY AND AGREEMENT SINCE THEN.

THIRD, WITH RESPECT TO THE NATIVE WOMEN, OR THE SEXUAL
EQUALITY PROVISION, OUR VIEW IS THAT THERE MUST BE GUARANTEES
OF NON-DISCRIMINATION BETWEEN THE SEXES IN AN ABORIGINAL
CHARTER OF RIGHTS. WE ARE SURE THAT YOU WILL AGREE THAT,
GIVEN THE EFFECT OF SECTION 15 AND 28 OF YOUR CHARTER OF
RIGHTS, IT IS PREMATURE AND INAPPROPRIATE FOR YOU TO GO ANY
FURTHER NOW IN DETERMINING WHAT WILL BE IN OUR ABORIGINAL
CHARTER OF RIGHTS. THE WHOLE CONCEPT AND THE PRINCIPLES OF
THIS CHARTER SHOULD BE CLEARLY UNDERSTOOD AND ACCEPTED. TO
DO OTHERWISE WOULD VIOLATE THE INTEGRITY OF OUR CHARTER OF
RIGHTS.

FOURTH, REGARDING THE DELETION OF SECTIONS 42(1)(E) AND (F),
WE HAVE ALREADY INDICATED IN OUR EARLIER PROPOSALS THAT WE
SUPPORT REPEAL OF THESE SECTIONS. WE DO NOT BELIEVE THAT THE
FUTURE OF THE ABORIGINAL PEOPLES OF THE NORTH SHOULD BE
PRE-DETERMINED, AND THEREFORE WE TRUST THAT YOU WILL AGREE TO
DELETE THESE SECTIONS.

FINALLY, THE ONTARIO GOVERNMENT SUBMITTED A DRAFT PREAMBLE AT
THE OFFICIALS’ MEETING. SINCE A PREAMBLE IS NOT A SUBSTITUTE
FOR THE OPERATIVE PART OF THE CONSTITUTION THEN WE DO NOT
FEEL THAT A PREAMBLE IN THE FORM SUGGESTED IS A PRIORITY AT
THIS TIME.

MR. CHAIRMAN, WHEN WE TURN OUR ATTENTION TO THE CLARIFICATION
OF THE AGENDA FOR THE FIRST MINISTERS‘ CONFERENCE, I WOULD
HOPE THAT ALL PARTICIPANTS – INCLUDING THE FEDERAL GOVERNMENT
– WILL TAKE OUR PRINCIPLES INTO CONSIDERATION WHEN FINALIZING
THE PROPOSED AGENDA. ALONG WITH THE INUIT AND METIS
DELEGATIONS, WE INDICATED TO YOU AT THE LAST MINISTERIAL
MEETING, AND AT THE OFFICIALS’ MEETING, THAT WE DO NOT ACCEPT
THE AGENDA GROUPING THAT HAS BEEN SUGGESTED BY THE FEDERAL
GOVERNMENT. THE GROUPING OF AGENDA ITEMS SEEMS TO IMPLY THAT
THERE ARE CERTAIN ISSUES THAT THE FEDERAL GOVERNMENT AND
PROVINCIAL GOVERNMENTS ARE WILLING TO DEAL WITH EASILY OR
QUICKLY OF PERHAPS JUST AS A PUBLIC RELATIONS EXERCISE. BUT
OUR POSITION IS THAT WE SHOULD DEAL WITH THE IMPORTANT ISSUES
FIRST, AND NOT SIMPLY ISSUES WHICH SEEM TO BE – AT FIRST
GLANCE – “EASY” TO RESOLVE.

THIS RAISES THE GENERAL ISSUE OF HOW ANYTHING WILL BE DECIDED
IN THIS FORUM. WE ARE VERY CONCERNED THAT YOU ATTEMPTED TO
CLAIM, MR. CHAIRMAN, THAT A “CONSENSUS” HAD BEEN REACHED ON
AN ITEM DURING OUR LAST MEETING, WHEN ONE OR MORE OF THE
ABORIGINAL GROUPS SITTING AT THIS END OF THE TABLE CLEARLY
DISAGREED WITH THE POSITION. MR. CHAIRMAN, IN OUR
COMMUNITIES, THAT KIND OF CONSENSUS-MAKING IS UNACCEPTABLE.
THE PURPOSE OF THIS WHOLE PROCESS IS TO CONSIDER ABORIGINAL
ISSUES, AND IF WE PUT ON RECORD OUR DISAGREEMENT WITH AN
ITEM, THEN, MR. CHAIRMAN, WE EXPECT THAT YOU AND THE OTHER
GOVERNMENTS WILL CONTINUE THE DISCUSSIONS UNTIL THERE IS
MUTUAL RESOLUTION OF THE ISSUE.

WE WOULD LIKE TO REQUEST THEN, MR. CHAIRMAN, THAT FOR YOU TO
DETERMINE THAT “CONSENSUS” HAS BEEN REACHED ON ANY MATTER, NO
ABORIGINAL DELEGATION SHOULD HAVE STATED ITS CONCERNS AND
OPPOSITION. WE ARE NOT HERE FOR TOKEN RATIFICATION OF YOUR
AGENDA, AND WE DO NOT EXPECT THAT YOU WOULD EVEN SERIOUSLY
CONTEMPLATE THIS.

AT THE END OF THE LAST MINISTERIAL MEETING THERE WAS AN ALL
TOO BRIEF DISCUSSION OF THE ADMINISTRATIVE ARRANGEMENTS FOR
THE FIRST MINISTERS’ CONFERENCE. WE ALL HAVE TO RECOGNIZE
THE FACT THAT THE CONFERENCE IN MARCH WILL BE AN HISTORIC
EVENT. FOR TOO LONG SECRECY, DUPLICITY AND BAD FAITH HAVE
CHARACTERIZED YOUR GOVERNMENTS’ RELATIONS WITH OUR
GOVERNMENTS AND PEOPLES. THE CONFERENCE IN MARCH PROVIDES YOU
AND ALL CANADIANS WITH THE OPPORTUNITY TO MAKE A NEW ACCORD
WITH THE ABORIGINAL PEOPLES OF CANADA.

WE EXPECT THAT THIS NEW ACCORD WILL BE BASED ON OPENNESS,
HONESTY AND SINCERE COMMITMENT TO ACCEPT US FOR WHO WE ARE.
FOR THIS REASON WE INSIST THAT THE TWO-DAY CONFERENCE BE OPEN
TO OUR PEOPLE, OBSERVERS AND THE PRESS AT ALL TIMES.

MR. CHAIRMAN, YOUR TELEX OF FEBRUARY 23 DOES PROVIDE US TODAY
WITH THE STARTING POINT FOR OUR MEETING. IT IS OPPORTUNE TO
BEGIN THIS MORNING WITH A DISCUSSION OF FUNDAMENTAL
PRINCIPLES. SOME OF THESE HAVE ALREADY BECOME APPARENT FROM
THE DOCUMENTS WHICH WE HAVE TABLED BEFORE AND FROM MY
COMMENTS ON YOUR PROPOSED AMENDMENTS. BUT I HAVE BEEN
MANDATED BY OUR CONFEDERACY OF NATIONS OF THE ASSEMBLY OF
FIRST NATIONS, TO TAKE CARE TO EXPLAIN TO YOU FULLY THE
RIGHTS WHICH ARE PROCLAIMED IN THE DECLARATION OF FIRST
NATIONS AND THE TREATY AND ABORIGINAL RIGHTS PRINCIPLES OF
NOVEMBER 1981.

I WANT TO MAKE IT CLEAR BEFORE BEGINNING TO ENUMERATE THESE
RIGHTS THAT WE ARE SPEAKING OF RIGHTS. THESE ARE THE RIGHTS
WHICH WE KNOW EXIST. THEY ARE THE RIGHTS WHICH WE HAVE
ALWAYS HAD AS SELF-GOVERNING NATIONS LONG BEFORE CONTACT WITH
YOUR GOVERNMENTS, AND THEY ARE THE RIGHTS WHICH WE HAVE BEEN
ENTRUSTEO TO PROTECT FOR THE GENERATIONS OF OUR PEOPLE TO
COME.

OUR RIGHTS ARE NOT NEGOTIABLE. WE DO NOT APPROACH THIS
CONFERENCE AS A FORUM IN WHICH ANY OF OUR RIGHTS WILL BE
EXTINGUISHED, NOR WILL WE ACCEPT ANY PROCESS THAT PURPORTS TO
MAKE US INTO CANADIANS BY TAKING AWAY OUR SPECIAL RIGHTS AS
THE FIRST NATIONS OF CANADA.

THE ONLY PURPOSE OF THESE MEETINGS IS TO CONSIDER HOW YOUR
CONSTITUTION SHOULD BE CHANGED TO RECOGNIZE THE FACT OF OUR
EXISTENCE WITH OUR SPECIAL RIGHTS IN CANADA. OBVIOUSLY,
THESE RIGHTS MUST BE “ENFORCEABLE”. THEY ARE NOT SIMPLY
“PRINCIPLES” WHICH CAN BE IGNORED. NOR CAN THEY SIMPLY BE
INCORPORATED INTO LEGISLATIVE ACTS WHICH CAN BE CHANGED AT A
GOVERNMENT’S DESIGN.

THIS MORNING I WANT TO TABLE WITH YOU THIS LIST OF RIGHTS SO
THAT YOU WILL HAVE NO DOUBTS ABOUT THE RIGHTS WHICH WE HAVE.

WE HAVE RIGHTS, INHERENT AND UNDER TREATY WHICH ARE BOTH
COLLECTIVE AND INDIVIDUAL. THESE INCLUDE BUT ARE NOT LIMITED
TO THE FOLLOWING:

(1) OUR RIGHTS AND TITLES TO LAND BASED ON OUR TRADITIONAL
AND HISTORIC USE OR OCCUPATION;

(2) THE RIGHT OF EACH OF OUR NATIONS AND TRIBES TO OUR
OWN SELF-IDENTITY, INCLUDING THE RIGHT TO DETERMINE OUR
OWN CITIZENSHIP AND FORMS OF GOVERNMENT;

(3) OUR RIGHT TO DETERMINE OUR OWN INSTITUTIONS;

(4) THE RIGHT OF OUR GOVERNMENTS TO MAKE LAWS AND TO GOVERN
OUR MEMBERS AND THE AFFAIRS OF OUR PEOPLE, AND TO MAKE
LAWS IN RELATION TO MANAGEMENT, ADMINISTRATION, AND USE
OF OUR LANDS AND RESOURCES;

(5) OUR RIGHT TO HUNT, TO FISH, TO TRAP FISH AND GAME, AND
TO GATHER AND BARTER AND TRADE AT ALL TIMES OF THE YEAR,
AND TO PARTICIPATE IN RESOURCE MANAGEMENT;

(6) OUR RIGHT AND FREEDOM TO PRACTISE OUR OWN RELIGIONS;

(7) OUR RIGHT AND FREEDOM TO PRACTISE OUR OWN CUSTOMS AND
TRADITIONS;

(8) OUR RIGHT TO USE, RETAIN AND DEVELOP OUR OWN LANGUAGES,
AND TO RETAIN AND DEVELOP OUR OWN CULTURES;

(9) OUR RIGHT TO BENEFIT FROM AND PARTICIPATE IN
ECONOMIC AND RENEWABLE AND NON-RENEWABLE RESOURCE
DEVELOPMENTS;

(10) SUBJECT ONLY TO OUR GOVERNMENTS, OUR RIGHT TO EXEMPTION
FROM ANY DIRECT OR INDIRECT TAXATION LEVIED BY OTHER
GOVERNMENTS;

(11) OUR RIGHT TO MOVE FREELY WITHIN OUR TRADITIONAL LANDS
REGARDLESS OF TERRITORIAL, PROVINCIAL, OR INTERNATIONAL
BOUNDARIES; AND

(12) OUR RIGHT TO FISCAL RELATIONSHIPS WITH OTHER
GOVERNMENTS.

THESE ARE OUR RIGHTS AND OUR TASK IS TO CLEARLY RECOGNIZE
THIS IN THE CANADIAN CONSTITUTION. WE BELIEVE THAT WE CAN
START ON THIS PROCESS ONLY WITH A FIRM EXPRESSION OF
COMMITMENT FROM YOUR GOVERNMENTS TO REDRESS SOME OF THE
INJUSTICES WHICH ARE ALREADY IN THE CONSTITUTION.

FIRST, THE WORD “EXISTING” MUST BE DELETED FROM SECTION 35;
OFTEN IN THE PAST WE HAVE BEEN ASSURED THAT IT REALLY DOES
NOT MEAN ANYTHING ANYWAY –THEREFORE, THERE SHOULD BE NO
PROBLEM IN REMOVING “EXISTING”. IN OUR VIEW IT CONFUSES THE
RECOGNITION CONTAINED IN PART II, WHICH IS THE EMBRYO OF THE
CHARTER OF ABORIGINAL RIGHTS, AND CANNOT BE REASONABLY
TOLERATED.

SECOND, ABORIGINAL TITLE MUST BE ADDED TO SECTION 35 TO
CLEARLY RECOGNIZE THAT ABORIGINAL RIGHTS AND ABORIGINAL TITLE
ARE ENTRENCHED IN THE CONSTITUTION.

THIRD, LAND CLAIMS SETTLEMENTS AND OTHER RIGHTS’ AGREEMENTS
MUST BE CONSTITUTIONALLY GUARANTEED. SUCH SETTLEMENTS ARE IN
EFFECT NEW TREATIES AND THEY SHOULD BE RECOGNIZED AS SUCH
UNDER SECTION 35.

FOURTH, THERE MUST BE AN ENFORCEMENT CLAUSE IN PART II TO
PROVIDE FOR THE PROTECTION OF OUR RIGHTS WHICH HAVE BEEN
ENTRENCHED IN THE CONSTITUTION.

FIFTH, THERE MUST BE RECOGNITION OF INDIAN GOVERNMENT AS
THE INHERENT RIGHT OF OUR NATIONS TO FREELY DETERMINE THE
FORMS OF OUR GOVERNMENT AND OUR INSTITUTIONS, INCLUDING THE
RIGHT TO PRACTISE OUR OWN RELIGIONS.

SIXTH, SECTION 42(1)(E) AND (F) SHOULD BE DELETED IN ORDER TO
PROTECT ABORIGINAL PEOPLES IN THE NORTH.

SEVENTH, NO PROVINCE SHOULD BE ABLE TO “OPT OUT” OF
AMENDMENTS WHICH ENTRENCH OUR RIGHTS.

LASTLY, THERE MUST BE A GUARANTEE THAT NO AMENDMENTS WILL BE
MADE AFFECTING OUR RIGHTS WITHOUT OUR CONSENT.

AT THIS POINT I CAN CONCLUDE THESE OPENING REMARKS, MR.
CHAIRMAN, BECAUSE “CONSENT” IS THE BEGINNING AND THE END OF
THIS WHOLE PROCESS. WE EXPECT THAT OUR CONSENT WILL BE THE
BASIS OF DECISION-MAKING TODAY, TOMORROW, AT THE FIRST
MINISTERS’ CONFERENCE IN TWO WEEK’S TIME, IN WHATEVER
ON-GOING PROCESS WE FINALLY AGREE ON AND IN ALL MATTERS
AFFECTING THE RELATIONS BETWEEN YOUR GOVERNMENTS AND OURS.

MY COLLEAGUES AND I IN THE ASSEMBLY OF FIRST NATIONS,
TOGETHER WITH MY FRIENDS IN THE INUIT COMMITTEE ON NATIONAL
ISSUES AND THE NATIVE COUNCIL OF CANADA, LOOK FORWARD TO
CONSTRUCTIVE DISCUSSIONS TODAY BASED ON THIS POSITION.

I THANK YOU.