Document Information

Date: 1984-03-08
By: Peter Lougheed
Citation: First Ministers’ Conference on Aboriginal Constitutional Matters, Opening Statement of Premier Peter Lougheed, Doc 800-18/016 (Ottawa: 8-9 March 1984).
Other formats: Click here to view the original document (PDF).

DOCUMENT: 800-18/016

FIRST MINISTERS’ CONFERENCE
ON
ABORIGINAL CONSTITUTIONAL MATTERS

Opening Statement of Premier Peter Lougheed

Alberta

Ottawa
March 8 and 9, 1984

MR. CHAIRMAN, FELLOW PREMIERS, TERRITORIAL, AND
ABORIGINAL LEADERS.

WHEN WE MET LAST MARCH, WE BEGAN AN IMPORTANT PROCESS
OF DEFINING IN MODERN TERMS THE RIGHTS OF THE ABORIGINAL
PEOPLES WITHIN CANADA. SIGNIFICANT PROGRESS WAS MADE IN
MARCH 1983 IN THE FORM OF AGREEMENT ON CONSTITUTIONAL
AMENDMENTS DESIGNED TO ENSURE ABORIGINAL SEXUAL EQUALITY,
TO AFFORD NEW LAND CLAIMS AGREEMENTS THE SAME CONSTITUTIONAL
PROTECTION AS EXISTING TREATIES, TO ENSURE THAT THERE WOULD
BE FURTHER FIRST MINISTERS’ CONFERENCES TO ADDRESS THE
ABORIGINAL CONSTITUTIONAL ISSUE, AND TO AFFIRM THE PRINCIPLE
THAT ABORIGINAL PEOPLE SHOULD BE CONSULTED ON ANY FUTURE
AMENDMENTS AFFECTING THEM.

MR. CHAIRMAN, ON JUNE 3, 1983, THE ABORIGINAL CONSTITUTIONAL
AMENDMENTS WERE PASSED UNANIMOUSLY BY THE LEGISLATURE OF
THE PROVINCE OF ALBERTA. THESE AMENDMENTS, WHICH ARE THE
FIRST AMENDMENTS TO THE CONSTITUTION SINCE ITS PATRIATION,
WERE SUBSEQUENTLY PASSED BY THE FEDERAL GOVERNMENT AND A
SUFFICIENT NUMBER OF PROVINCES TO ENSURE THAT THEY WILL BE
ENTRENCHED IN THE CONSTITUTION. TO MY MIND, MR. CHAIRMAN,
THIS IN ITSELF REPRESENTS AN IMPORTANT ACHIEVEMENT FOR
CANADA’S ABORIGINAL PEOPLES AND ALL OTHER CANADIANS.

AS I STATED LAST YEAR, WE DO NOT RULE OUT THE
POSSIBILITY OF FURTHER CONSTITUTIONAL AMENDMENTS. HOWEVER,
HAVING REVIEWED THE REPORTS FROM THE MINISTERIAL MEETINGS,
WHICH WE VIEW AS PROGRESS REPORTS, WE STILL BELIEVE THAT
LEGISLATIVE, PROGRAM, AND POLICY MEANS ARE THE BEST WAY TO
ACCOMMODATE THE ASPIRATIONS OF THE ABORIGINAL PEOPLES.

FOR INSTANCE, APPROXIMATELY 3500 ALBERTA METIS LIVE
ON EIGHT METIS SETTLEMENTS ESTABLISHED THROUGH THE ALBERTA
METIS BETTERMENT ACT. THESE SETTLEMENTS WERE SET ASIDE NOT
AS A RECOGNITION OF ABORIGINAL RIGHT, BUT AS A MEASURE
DEVELOPED IN THE 1930S TO ASSIST ONE PORTION OF THE ALBERTA
POPULATION. THE METIS BETTERMENT ACT IS CURRENTLY BEING
REVIEWED BY A JOINT COMMITTEE COMPRISED OF METIS AND
ALBERTA GOVERNMENT REPRESENTATIVES, CHAIRED BY DR. GRAND MACEWAN,
WE ANTICIPATE THAT THIS REVIEW MAY RESULT IN THE RECOMMENDATION
OF A NUMBER OF CHANGES TO THE ACT WHICH COULD PROVIDE
GREATER SELF-GOVERNMENT ON THE SETTLEMENTS.

BUT WHAT ABOUT THOSE METIS WHO DO NOT LIVE ON THE
SETTLEMENTS? IN ALBERTA, THE MAJORITY OF METIS LIVE IN
MIXED COMMUNITIES, MANY OF WHICH ARE IN REMOTE LOCALES.
WE HAVE, HOWEVER, BEEN ADDRESSING THIS SITUATION FOR SEVERAL
YEARS.

ONE PRACTICAL EXAMPLE OF OUR APPROACH IS THAT IN OUR
NORTHERN COMMUNITIES WE HAVE ENCOURAGED METIS AND OTHER
RESIDENTS TO TAKE AN ACTIVE ROLE IN LOCAL GOVERNMENT
THROUGH LOCALLY ELECTED COUNCILS.

A FURTHER CONCRETE EXAMPLE IS THE ENACTMENT BY THE
ALBERTA LEGISLATURE IN THE SPRING OF 1983 OF THE
NORTHLAND SCHOOL DIVISION ACT WHICH DRAMATICALLY ALTERED THE
GOVERNANCE OF THE PROVINCE’S LARGEST SCHOOL DIVISION. THE
NORTHLAND SCHOOL DIVISION PROVIDES EDUCATIONAL SERVICES TO
28 PREDOMINANTLY NATIVE COMMUNITIES THROUGHOUT RURAL NORTHERN
ALBERTA. THE NEW ACT GUARANTEES THAT NORTHERN RESIDENTS,
AND MORE PARTICULARLY, PARENTS, HAVE THE OPPORTUNITY TO
PARTICIPATE EFFECTIVELY IN DECISIONS ABOUT THE EDUCATION OF
THEIR CHILDREN. IN PREPARING THIS LEGISLATION CONSIDERABLE
CONSULTATION OCCURRED WITH THE RESIDENTS OF THESE COMMUNITIES
AS WELL AS WITH METIS LEADERS IN THE PROVINCE.

AGREEMENT HAS ALSO BEENR EACHED WITH THE METIS ASSOCIATION
OF ALBERTA ON A GRASSROOTS PROCESS TO DEVELOP SOLUTIONS TO
MEET THE CONCERNS OF METIS COMMUNITIES. THE PROCESS IS
ALREADY UNDERWAY. THE LESSONS LEARNED FROM THESE DISCUSSIONS
MAY ASSIST EVERYONE IN THE CONSIDERATION OF ABORIGINAL
CONSTITUTIONAL ISSUES WHICH HAVE BEEN RAISED IN THIS NATIONAL
FORUM. MORE IMPORTANTLY, WE ANTICIPATE THAT THIS ALBERTA
PROCESS WILL LEAD TO ADDITIONAL MEASURES BEING TAKEN TO
RESPOND TO METIS CONCERNS IN OUR PROVINCE.

THESE ARE ONLY SEVERAL OF THE PRACTICAL MEASURES
THAT WE HAVE TAKEN TO STRENGTHEN SELF-GOVERNMENT FOR
ALBERTA NATIVES.

AS I SAID LAST YEAR, AS A PROVINCIAL GOVERNMENT,
ALBERTA’S FOCUS IS UPON ITS RESPONSIBILITY FOR THE ALBERTA
METIS. HOWEVER, IN REVIEWING THE PROGRESS REPORTS, WE HAVE
NOTED THAT OTHER PROVINCES AND, INDEED, MANY METIS ORGANIZATIONS
MAINTAIN THAT METIS ARE A FEDERAL RESPONSIBILITY UNDER THE
CONSTITUTION. CLEARLY, THIS IS A MATTER WHICH MUST BE
RESOLVED.

THE GOVERNMENT OF ALBERTA ALSO HAS SOME RESPONSIBILITY
FOR THE INDIAN PEOPLE WHICH IT EXERCISES BY DIRECT DEALINGS
WITH BANDS AT THEIR REQUEST. THE AIM OF OUR INVOLVEMENT WITH
ALBERTA INDIANS IS TO SUPPORT THE BASIC FEDERAL OBLIGATION
ESTABLISHED BY TREATIES AND THE CONSTITUTION. FOR EXAMPLE,
IN JUNE 1983, ALBERTA SIGNED A CHILD WELFARE AGREEMENT WITH
THE LESSER SLAVE LAKE INDIAN REGIONAL COUNCIL IN RESPONSE
TO THAT COUNCIL’S REQUEST TO UNDERTAKE THE DELIVERY OF CHILD
WELFARE SERVICES TO ITS MEMBERS. THIS AGREEMENT PROVIDES
A FRAMEWORK FOR COOPERATION WITH THE REGIONAL COUNCIL ON
CHILD WELFARE WITHOUT DETRACTING FROM THE FEDERAL GOVERNMENT’S
IMPORTANT TRUST RESPONSIBILITY FOR INDIANS.

PROGRESS IS BEING MADE IN ALBERTA AND I AM CERTAIN
IN OTHER JURISDICTIONS. IN MANY WAYS IT IS EASIER TO
DEVELOP MEASURES FOR ONE GROUP OF PEOPLE IN ONE JURISDICTION
THAN IT IS TO AGREE UPON CONSTITUTIONAL PROVISIONS GENERAL
ENOUGH TO APPLY TO ALL OF CANADA’S ABORIGINAL PEOPLES, ET
SUFFICIENTLY PRECISE THAT THE IMPLICATIONS OF THE PROVISIONS
ARE EVIDENT, THIS IS THE CHALLENGE WHICH WE FACE IN THIS
NATIONAL PROCESS. ALBERTA IS PARTICIPATING IN THESE
DISCUSSIONS FULLY AWARE OF THE DIFFICULTY OF THE TASK, BUT
WITH TIME AND MUTUAL UNDERSTANDING, POSITIVE RESULTS MAY BE
ACHIEVED.

THE IMPORTANCE OF THESE DISCUSSIONS IS THAT THEY ARE
TAKING PLACE AND THAT ABORIGINAL PEOPLES HAVE AN OPPORTUNITY
TO PARTICIPATE FULLY. WHETHER OR NOT THESE DISCUSSIONS WILL
EVENTUALLY LEAD TO FURTHER CONSTITUTIONAL AMENDMENTS IS
DIFFICULT TO PREDICT. IN MY VIEW, HOWEVER, THESE DISCUSSIONS
AND THE MUTUAL UNDERSTANDING THEY ARE FOSTERING CANNOT HELP
BUT HAVE A POSITIVE OUTCOME.