Document Information

Date: 1983-03-15
By: Secretariat of the Conference
Citation: First Ministers’ Conference on Aboriginal Constitutional Matters, 1983 Constitutional Accord on Aboriginal Rights, Doc 800-17/041 (Ottawa: 15-16 March 1983).
Other formats: Click here to view the original document (PDF).

DOCUMENT: 800-17/041
REVISED

FIRST MINISTERS’ CONFERENCE
ON
ABORIGINAL CONSTITUTIONAL MATTERS

1983 CONSTITUTIONAL ACCORD
ON ABORIGINAL RIGHTS

FEDERAL

Ottawa
March 15-16, 1983

1983 CONSTITUTIONAL ACCORD ON
ABORIGINAL RIGHTS

Whereas pursuant to section 37 of the Constitution
Act, 1982, a constitutional conference composed of
the Prime Minister of Canada and the first ministers
of the provinces was held on March 15 and 16, 1983,
to which representatives of the aboriginal peoples of
Canada and elected representatives of the governments
of the Yukon Territory and the Northwest Territories
were invited;

And whereas it was agreed at that conference that certain
amendments to the Constitution Act, 1982 would be
sought in accordance with section 38 of that Act;

And whereas that conference had included in its
agenda the following matters that directly affect the aboriginal
peoples of Canada:

AGENDA

1. Charter of Rights of the Aboriginal Peoples
(Expanded Part II) Including:

–Preamble
–Removal of “Existing”, and Expansion of
Section 35 to Include Recognition of Modern
Treaties, Treaties signed Outside Canada and
Before Confederation, and Specific Mention of
“Aboriginal Title” Including the Rights of
Aboriginal Peoples of Canada to a Land and
Water Base (including Land base for the Metis)
–Statement of the Particular Rights of
Aboriginal Peoples
–Statement of Principles
–Equality
–Enforcement
–Interpretation

2. Amending Formula Revisions, Including:
— Amendments on Aboriginal Matters not to be
Subject to Provincial Opting Out (Section 42)

— Consent Clause

3. Self-Government

4. Repeal of Section 42(1)(e) and (f)

5. Amendments to Part III, Including:

–Equalization
–Cost-Sharing
–Service Delivery

Resourcing of
Aboriginal Governments

6. Ongoing Process, Including Further First Ministers Conferences
and the Entrenchment of Necessary Mechanisms to Implement
Rights

And whereas that conference was unable to complete
its full consideration of all the agenda items;

And whereas it was agreed at that conference that
future conferences be held at which those agenda items
and other constitutional matters that directly affect the aboriginal
peoples of Canada will be discussed;

NOW THEREFORE the Government of Canada and the provincial governments
hereby agree as follows:

1. A constitutional conference composed of the
Prime Minister of Canada and the first ministers
of the provinces will be convened by the Prime
Minister within one year after the completion of
the constitutional conference held on March 15 and
16, 1983.

2. The conference convened under subsection (1) shall
have included in its agenda those items that were not
fully considered at the conference held on March 15 and
16, 1983, and the Prime Minister of Canada shall invite
representatives of the aboriginal peoples of Canada to
participate in the discussions on those items.

3. The Prime Minister of Canada shall invite elected
representatives of the governments of the Yukon
Territory and the Northwest Territories to participate
in the discussions on any item on the agenda of
the conference convened under subsection (1) that,
in the opinion of the Prime Minister, directly
affects the Yukon Territory and the Northwest Territories

4. The Prime Minister of Canada will lay or cause to
be laid before the Senate and House of Commons,and
the first ministers of the provinces will lay or
cause to be laid before their legislative assemblies,
prior to December 31,1983, a resolution in the form
set out in the Schedule to authorize a proclamation
issued by the Governor General under the Great Seal
of Canada to amend the Constitution Act, 1982.

5. In preparation for the constitutional conferences
contemplated by this Accord, meetings composed of
ministers of the governments of Canada and the
provinces, together with representatives of the
aboriginal peoples of Canada and elected representatives of
the governments of the Yukon Territory and the
Northwest Territories shall be convenedat least
annually by the government of Canada.

6. Nothing in this Accord is intended to preclude,
or substitute for, any bilateral or other discussions
or agreements between governments and the various
aboriginal peoples and, in particular, having regard
to the authority of Parliament under Class 24 of
section 91 of the Constitution Act, 1867, and to
the special relationship that has existed and
continues to exist between the Parliament and
government of Canada and the peoples referred to in
that Class, this Accord is made without prejudice
to any bilateral process that has been or may be
established between the government of Canada and
those peoples.

7. Nothing in this Accord shall be construed so as to
affect the interpretation of the Constitution of
Canada.

Signed at Ottawa this 16th day
of March, 1983 by the Government
of Canada and the provincial
governments:

AND WITH THE PARTICIPATION OF:

SCHEDULE

Motion for a Resolution to authorize His
Excellency the Governor General to issue
a proclamation respecting amendments to
the Consmuzion of Canada

Whereas the Comtizuzion Act, 1982 pro-
vides that an amendment to the Constitution
of Canada may be made by proclamation
issued by the Governor General under the
Great Seal of Canada where so authorized
by resoluting of the Senate and House of
Commons resolutions of the legislative
assemblies as provided for in sections 38 and
41 thereof;

And Whereas the Constitution of Canada,
reflecting the country and Canadian society,
continues to develop and strengthen the
rights and freedoms that it guarantees;

And Whereas, after a gradual transition of
Canada from colonial status to the status of
an independent and sovereign state, Canadi-
ans have, as of April 17, 1982, full authority
to amend their Constitution in Canada;

And Whereas historically and equitably it
is ?ning that the early exercise
of that full
authority should relate to the rights and
freedoms of the ?rst inhabitants of Canada,
the aboriginal peoples;

Now Therefore the Senate
House of Commons legislative
assembly resolves that His
Excellency the Governor General
be authorized to issue a
proclamation under the Great
Seal of Canada amending the
Constitution of Canada as
follows:

PROCLAMATION AMENDING THE
CONSTITUTION OF CANADA

1. Paragraph 25(b) of the
Constitution Act, 1982 is
repealed and the following
substituted therefor:

“(b) any rights or
freedoms that now exist by
way of land claims agreements
or may be so acquired”.

2. Section 35 of the
Constitution Act, 1982 is
amended by adding thereto the
following subsections:

“(3) For greater certainty,
claims in subsection (1) “treaty
rights” includes rights that
now exist by way of land claims
agreements or may be so
acquired”.

(4) Notwithstanding any other
provision of this Act, the
aboriginal and treaty rights
referred to in subsection (1)
are guaranteed equally to male
and female persons.”

3. The said Act is further amended by
adding thereto, immediately after section 35
thereof, the following section

“35.1 The government of Canada and
the provincial governments are committed
to the principle that, before any amend-
ment is made to Class 24 of section 91 of
the Constitution Act, 1867, to section 25
of this Act or to this Part,

(a) a constitutional conference that
includes in its agenda an item relating to
the proposed amendment, composed of
the Prime Minister of Canada and the
first ministers of the provinces, will be
convened by the Prime Minister of
Canada; and

(b) the Prime Minister of Canada will
invite representatives of the aboriginal
peoples of Canada to participate in the
discussions on that item”

4. The said Act is further amended by
adding thereto, immediately after section 37
thereof, the following Part

“PART IV 1

CONSTITUTIONAL CONFERENCES

37.1(1) In addition to the
conference convened in March 1983,
at least two constitu-
tional conferences composed of the
Prime Minister of Canada and the
first ministers of the provinces
shall be convened by the Prime
Minister of Canada, the first
within three years after
April 17, 1982 and the second
within five years after that
date.

(2) Each conference convened under sub-
section (1) shall have included in its agenda
constitutional matters
that directly affect the aboriginal peoples of
Canada,

and
the Prime Minister of Canada shall invite
representatives of those peoples to participate
in the discussions on those matters.

(3) The Prime Minister of Canada shall
invite elected representatives of the govern-
ments of the Yukon Territory and the North-
west Territories to participate in the discus-
sions on any item on the agenda of a
conference convened under subsection (1)
that, in the opinion of the Prime Minister,
directly affects the Yukon Territory and the
Northwest Territories.”

(4) Nothing in this section
shall be construed so as to
derogate from subsection
35(1).

5. The said Act is further amended by
adding thereto, immediately after section 54
thereof, the following section:

“54.1 Part IV.I and this section are
repealed on April 18, 1987.”

6. The said Act is further amended by
adding thereto the following section.

“61. A reference to the Constitution
Acts, 1867 to 1982 shall be deemed to
include a reference to the Constitution
Amendment Proclamation, 1983.”

7. This Proclamation may be cited as the
Constitution Amendment Proclamation,
1983