Document Information

Date: 1984-03-08
By: John M. Buchanan
Citation: First Ministers’ Conference on Aboriginal Constitutional Matters, Notes for an Opening Statement by John M. Buchanan, P.C., Q.C., M.L.A., Premier of Nova Scotia, Doc 800-18/027 (Ottawa: 8-9 March 1984).
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DOCUMENT: 800-18/027
PROVINCE OF NOVA SCOTIA

NOTES
FOR OPENING STATEMENT
BY
JOHN M. BUCHANAN, P.C.,Q.C.,M.L.A.
PREMIER OF NOVA SCOTIA

AT
THE FIRST MINISTERS’ CONFERENCE
ON ABORIGINAL CONSTITUTIONAL MATTERS

MARCH 3, 1984

OTTAWA, CANADA

MR. CHAIRMAN:

IN LIGHT OF THE STATEMENT BY YOUR MINISTER OF INDIAN
AFFAIRS ON MONDAY OF THIS WEEK, AND IN LIGHT OF YOUR OPENING
REMARKS HERE THIS MORNING AND THE STATEMENTS THAT HAVE JUST
BEEN MADE BY ABORIGINAL REPRESENTATIVES, I BELIEVE IT COULD
BE USEFUL IF I WERE TO RESPOND AT THIS FIRST OPPORTUNITY I
AND TO STATE NOVA SCOTIA’S POSITION.

MR. CHAIRMAN, WE ARE URGED TO CONSIDER HERE, TODAY AND
TOMORROW, AMENDING THE CONSTITUTION OF CANADA, TO RECOGNIZE
“SELF-GOVERNMENT” AS AN ABORIGINAL RIGHT IN LAW.

THE SERIES OF MEETINGS HELD OVER THE LAST SEVERAL MONTHS
BY OUR MINISTERS AND OFFICIALS WITH ABORIGINAL REPRESENTATIVES,
AND THE DETAILED REPORTS OF THE FOUR WORKING GROUPS OUR
MINISTERS ESTABLISHED TO ASSIST WITH THE MATTERS ON OUR
AGENDA, DEMONSTRATE THAT AGREEMENT HAS NOT BEEN ACHIEVED
FOR THIS CONFERENCE ON A CLEAR AND AGREED DEFINITION OF THE
WORDS “SELF-GOVERNMENT”.

WOULD “SELF-GOVERNMENT”, IN LAW, INCLUDE SELF-IDENTIFICATION,
AND WHAT BENEFICIAL BENEFITS WOULD IT BE INTENDED WOULD FLOW
FROM SELF-IDENTIFICATION? WE ARE URGED TO AGREE THAT SELF-
IDENTIFICATION WOULD INCLUDE EXEMPTIONS FROM FEDERAL, PROVINCIAL
OR TERRITORIAL, AND MUNICIPAL TAXATION. WE ARE URGED TO AGREE
THAT ABORIGINAL SELF-GOVERNMENT REQUIRES A LAND BASE.

(…2)

(2)

WHERE, PROVIDED BY WHOM? IT IS SAID THAT THE LAND BASE
SHOULD INCLUDE SUBTSURFACE RIGHTS; THAT SELF-GOVERNMENT
WOULD INCLUDE THE RIGHT TO MAKE LAWS AND THAT, IN THE EVENT
OF CONFLICT WITH LAWS OF FEDERAL, PROVINCIAL OR TERRITORIAL,
AND MUNICIPAL JURISDICTIONS, THE ABORIGINAL LAW SHOULD BE
PARAMOUNT. AND WE ARE TOLD THAT SELF-GOVERNMENT WOULD REQUIRE
EQUALIZATION GRANTS.

IN THE INTEREST OF PRODUCTIVE DIALOGUE, MAY I SAY
THAT SOME OF THE DEMANDS ARE NOT REALISTIC AND THAT THEY
STAND IN THE WAY OF EFFECTIVE MOVEMENT TOWARD AGREEMENT.

LET ME SAY AGAIN WHAT IT IS NOVA SCOTIA DOES SUPPORT.

WE BELIEVE THAT STEADY AND SURE PROGRESS IS BEING MADE
IN OUR CONSTITUTIONAL MEETINGS. AS WE BEGIN THIS YEAR’S
CONFERENCE, AND PREPARE TO CONTINUE EARNEST DISCUSSIONS
LEADING UP TO NEXT YEAR’S CONFERENCE, WE DO NOT EXPECT THAT
OUR MORK TO DATE WILL CULMINATE IN AGREEMENT ON SUBSTANTIAL
AMENDMENTS TO THE CONSTITUTION ACT BY THE CLOSE OF OUR
CONFERENCE TOMORROW.

IN THIS CIRCUMSTANCE NOVA SCOTIA WISHES TO PROPOSE
THAT A “STATEMENT OF OBJECTIVES” SHOULD ISSUE FROM THIS

(…3)

(3)
CONFERENCE, PERHAPS IN THE FORM OF A CODICIL TO THE ACCORD
SIGNED MARCH 16, 1983, WHEREBY FIRST MINISTERS AND ABORIGINAL
PEOPLES WOULD PUBLICLY AGREE AND COMMIT THEMSELVES TO
PURSUE INTENSIVELY THE FOLLOWING OBJECTIVES:

1. THE DETERMINATION AND CLARIFICATION OF FEDERAL
GOVERNMENT RESPONSIBILITY FOR ABORIGINAL PEOPLES,
AND THEIR DEFINITION IN LAW — INDIANS, INUIT AND
METIS;

2. THE DEVELOPMENT OF SIGNIFICANTLY INCREASED
AUTHORITY, AND COMENSURATE RESPONSIBILITY,
OF THE ABORIGINAL PEOPLES FOR THEIR OWN
INTERNAL AFFAIRS;

3. THE IDENTIFICATION AND DEFINITION OF THE RIGHTS
AND FREEDOMS OF THE ABORIGINAL PEOPLES;

4. THE PRESERVATION AND CONTINUED DEVELOPMENT OF
THE TRADITIONS AND CULTURES OF THE ABORIGINAL
PEOPLES; AND

5. THE PROVISION OF PUBLIC SERVICES FOR ABORIGINAL
PEOPLES COMPARABLE TO THOSE AVAILABLE TO OTHER
CANADIANS AND THE IMPLEMENTATION OF APPROPRIATE
INITIATIVES REQUIRED TO RESPOND TO THE SPECIAL
SOCIAL AND ECONOMIC NEEDS OF THE ABORIGINAL PEOPLES.

(…4)

( 4 )

IN ADDITION TO THE “STATEMENT OF OBJECTIVES” I HAVE
PROPOSED, NOVA SCOTIA HAS A SPECIFIC PROPOSAL TO MAKE TO
AMEND FURTHER THE EQUALITY PROVISIONS IN SECTION 35 OF
THE ACT. THE AMENDMENTS WOULD CONSTITUTIONALLY GUARANTEE
EXISTING ABORIGINAL AND TREATY RIGHTS, BRING INTO SECTION
35, PART II OF THE ACT, THE IDENTICAL PROVISIONS OF
SECTIONS 15(1) AND (2) OF PART I, THE CHARTER OF RIGHTS,
CONCERNING EQUALITY BEFORE AND UNDER LAW, EQUAL PROTECTION
AND BENEFIT OF LAW, AND AFFIRMATIVE ACTION PROGRAMS; AND
WE PROPOSE IN SECTION 35 THE SAME ENFORCEMENT OF GUARANTEED
RIGHTS AND FREEDOMS AS IS NOW PROVIDED IN THE CHARTER OF
RIGHTS.

WE ARE DISTRIBUTING PROPOSED “STATEMENT OF OBJECTIVES”
AND, AMENDMENTS TO SECTION 35 TO DELEGATES’ PLACES FOR THEIR
CONSIDERATION.

THANK YOU, MR. CHAIRMAN.