DOCUMENT: 800-17/O18

FIRST MINISTERS’ CONFERENCE
ON
ABORIGINAL CONSTITUTIONAL MATTERS
NOTES FOR AN OPENING STATEMENT
BY THE HONOURABLE HOWARD R. PAWLEY
PREMIER OF MANITOBA
Ottawa
March 15-16, 1983

MR. PRIME MINISTER, NATIVE LEADERS, FELLOW PREMIERS AND
HONOURABLE DELEGATES, I AM PLEASED TO BE HERE THIS MORNING FOR
THE BEGINNING OF HHAT IS DESTINED TO BE A TRULY HISTORIC OCCASION
FOR ALL THE PEOPLE OF CANADA, AND I AM PROUD THAT THE PEOPLES OF
MANITOBA, THROUGH THE DELEGATES HHO ARE REPRESENTED HERE, HILL
HAVE AN OPPORTUNITY TO PARTAKE IN A PROCESS WHICH IS LONG
OVERDUE.
IT IS LONG OVERDUE BECAUSE THE AMENDMENTS DEALING WITH
ABORIGINAL MATTERS IN OUR CONSTITUTION ARE ABSOLUTELY NECESSARY
IF OUR CONSTITUTION IS TO TRULY GUARANTEE THE RIGHTS OF ALL
CANAOIANS.
THIS CONFERENCE IS HISTORIC FOR MANY REASONS- MOST
IMPORTANTLY BECAUSE IT IS THE FIRST TIME REPRESENTATIVES OF
CANADA’S ABORIGINAL PEOPLE AND TERRITORIAL GOVERNMENTS HAVE BEEN
ARLE TO PARTICIPATE IN A FIRST MINISTERS’ CONFERENCE-
I AM PARTICULARLY PLEASEO THAT THE OFFICIAL MANITOBA
DELEGATION INCLUDES REPRESENTATIVES FROM THE ASSEMBLY OF MANITOBA
CHIEFS AND REPRESENTATIVES FROM THE MANITOBA METIS FEDERATION.
IT SHOULD ALSO BE NOTED THAT THE MANITOBA DELEGATION HAS
DEVELOPPED A CONSENSUS AROUND MANY ISSUES. HOWEVER, WE HAVE
AGREED To CLEARLY IDENTIFY THOSE AREAS WHERE AGREEMENTS HAY YET
NEED TO BE REACHED, AND ARORIGINAL REPRESENTATIVES HITHIN OUR
DELEGATION HAY BRING OTHER DIFFERING PERSPECTIVES To YOUR
ATTENTION. ALTHOUGH WE HAVE REACHED AGREEMENT on MANY ISSUES WE
HAVE ALSO COME Tn RESPECT THE DIFFERENT POINTS OF VIEW WE HOLD ON
OTHER ISSUES.

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I MY GOVERNMENT WAS ELECTED TO OFFICE IN MANITOBA
NOVEMBER 17TH, 1981- IT WAS ELECTED AMIDST THE NATIONAL DEBATE
OVER HOW ABORIGINAL RIGHTS MIGHT BE ENTRENCHED IN OUR
CONSTITUTION. WE COMMITTED OURSELVES TO THE ENTRENCHMENT AND
DEFINITION OF ABORIGINAL RIGHTS AND WE ARE PROUD TO BE HERE TO
WORK TOWARD THAT GOAL.
DURING THE PAST YEAR, THE GOVERNMENT OF MANITOBA AND THE
ELECTLD REPRESENTATIVES OF THE INDIAN AND METIS PEOPLE OF OUP
PROVINCE HAVE BEEN WORKING TOGETHER IN DEFINING OUR POSITION.
TUE GOALS WHICH WE ARE STRIVING FOR ARE THE RESULT OF EXTENSIVE
CONSULTATION AND DIALOGUE WITH OUR NATIVE LEADERS, AND A PROCESS
WHICH LISTENED TO THE SENTIMENTS AND OPINIONS OF NATIVE PEOPLE AT
THE GRASS ROOTS LEVEL.
THIS HAS NOT BEEN A PERFECT PROCESS, BUT FOR ALL ITS
LIMITATIONS IT HAS BROUGHT US TO THIS TABLE WITH THE STRENGTH OF
WELL-DEVELOPED CONCEPTS AND IDEAS.
OUR STATEMENT OF PRINCIPLES IS REFLECTIVE OF A COMMON WILL
WHICH HAS RESULTED FROM WORKING ON A COMMON CAUSE. IT IS ALSO
REFLECTIVE OF WHAT CAN BE ACHIEVED THROUGH A CONSULTATIVE,
CO-OPERATIVE APPROACH.

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OUR CO-OPERATIVE APPROACH TAUGHT US MANY LESSONS- IT TAUGHT
US THAT WE SHARE DIFFERENCES, BUT MORE IMPORTANTLY, IT HAS TAUGHT
US THAT WE SHARE MANY OF THE SAME GOALS. I ALSO BELIEVE THAT THE
END RESULT OF THIS PROCESS HAS RESULTED IN A MODEL WHICH I
SINCERELY BELIEVE IS ONE WHICH OTHERS CAN FOLLOW.
I KNOW THAT WE ALL HAVE HIGH EXPECTATIONS PLACED ON THE
CONSTITUTIONAL CONFERENCE PROCESS- THE RESPONSIBILITIES BEFORE
US ARE IMMENSE BUT THEY ARE NOT INSOLUBLE. WE MUST BE PATIENT,
BUT WE SHOULD BE STREUGTHENED RY THE FACT THAT OUR COURSE IS JUST
AND THE FUTURE WILL BE WHAT WE HAVE THE COURAGE TO MAVE IT.
WE SHOULD REALIZE THAT THE ENTRENCHMENT OF ABORIGINAL RIGHTS
DOES NOT DIMINISH THE RIGHTS OF OTHER CANADTANS, IT STRENGTHENS
OUR PEOPLE AND OUR SOCIETY.
THE SPECIAL STATUS OF ABORIGINAL PEOPLES IN CANADIAN SOCIETY
STEMS FROM THEIR OCCUPATION AND COLLECTIVE OWNERSHIP OF LANDS
PRIOR TO EUROPEAN SETTLEMENT ANO THE APPLICATION OF EUROPEAN LAW.
AT THE TIME OF THE EUROPEAN SETTLEMENT OF WHAT IS NON
CANADA, OUR ANCESTORS ENCOUNTERED ABORIGINAL PEOPLES WHO EXISTED
AND WHO HAD LONG EXISTED AS DISTINCT NATIONS. THESE ABORIGINAL
PEOPLES EXERCISED THE POWER OF SELF GOVERNMENT OVER THEIR

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RELIGIOUS, CULTURAL, ECONOMIC AND POLITICAL LIFE- THEY EXERCISED
CONTROL OVER THEIR TERRITORY AND OVER THE LIVING AND NATURAL
RESOURCES IN THE LAND THEY INHABITED. THIS IS TRUE FOR THE
ABORIGINAL PEOPLE WHO LIVED IN WHAT WE NOW CALL MANITOBA, AS IT
WAS FOR THOSE PARTS OF CANADA WHICH NOW COMPRISE THE CANADIAN
PROVINCES AND TERRITORIES.
OVER THE SEVERAL CFNTURIES WHICH FOLLOWED THE COMING OF
WHITE SETTLEMENT MANY DEVELOPMENTS HAVE TAKEN PLACE IN THE
CONSTRUCTION OF A CANADIAN POLITY. ACCOUNT MUST BE TAKEN OF THIS
POLITICAL AND CONSTITUTIONAL STRUCTURF IN THE PROCESS OF
IDENTIFYING AND DEFINING ABORIGINAL RIGHTS FOR INCLUSION IN THE
CONSTITUTION OF CANADA.
FOR EXAMPLE, THE FISCAL AND TRUST RESPONSIBILITY OF THE
FEDERAL GOVERNMENT STEMS FROM THE DEVOLUTION OF CROWN
RESPONSIBILITY (DEFINED, IN PART, IN THE ROYAL PROCLAMATION OF
1763). IT CANNOT AND MUST NOT BE UNILATERALLY ABANDONED-
SIMILARLY THE RIGHT OF THE ABORIGINAL PEOPLES TO
SELF-GOVERNMENT MUST NOW BE FURTHER DEVELOPED IN THE CONTEXT OF
THE CANADIAN CONSTITUTION. ECONOMIC DEVELOPMENT WILL ALSO BE
ESSENTIAL IF SELF-GOVERNMENT IS TO BE REALIZED.
THERE ARE SEVERAL KEY POSITIONS MANITOBA WOULD LIKE TO
ADDRESS BRIEFLY IN THESE OPENING REMARKS. WE BELIEVE THESE TO BE

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OF SUCH SIGNIFICANCE TO HARRANT SPECIAL ATTENTION AT THIS TIME.
IN MANY WAYS THIS HISTORIC CONFERENCE PROVIDES A WINDOW BETWEEN
THAT PAST AND THE FUTURE WE ALL SEEK. FOR THAT REASON IT SHOULD
ONLY BE CONSIDERED A BEGINNING. THE DIFFICULT PROCESS OF
IDENTIFYING AND DEFINING ABORIGINAL RIGHTS WHICH HAVE EXISTED FOR
CENTURIES MUST TAKE PLACE OVER A CONSIDERABLE PERIOD OF TIME.
THEREFORE, THE CONSTITUTIONAL RECOGNITION WHICH HAS BEEN GIVEN IN
SECTION 37 TO THIS TASK HUST BE CONTINUED. MANITOBA STRONGLY
BELIEVES IN A CONSTITUTIDNALIZED ONGOING PROCESS- WHILE WE
SUPPORT THOSE PROVINCES AND THE FEDERAL GOVERNMENT WHO ARE
PROPOSING AN ANENDUENT TO THE CONSTITUTION ACT TO REPLACE SECTION
37, AT THE SAME TIME WE FEEL THAT THIS ACTION ALONE MAY BE
INSUFFICIENT. THE AMENDING PPOCESS CAN BE LENGTHY AND UNCERTAIN.
IT IS FUNDAMENTAL THAT THE PRESENT CONFERENCE NOT BE
TERMINATED BUT RE ADJOURNED TO A SET DATE IN ONE YEAR’S TIME. WE
CANNOT AND DO NOT ACCEPT THE NOTION THAT THERE IS A LEGAL
IMPEDIMENT TO SUCH A PROCESS. WE WILL BE CLARIFYING THESE VIEWS
AT THE APPROPRIATE TIME IN THIS CONFERENCE.
MANITOBA ALSO RELIEVES THAT IT IS OF THE UTMOST IMPORTANCE
THAT THIS CONFERENCE ADOPT A STATEMENT OF PRINCIPLES. WE
UNDERSTAND THAT THERE WILL BE SOME PROPOSALS TO ENTRENCH A
STATEHENT OF PRINCIPLES ALONG WITH A NEW SECTION 37. WHILE THE
GOVERNMENT OF MANITOBA DOES NOT OPPOSE THIS POSITION, WE BELIEVE

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THAT A MUCH BROADER STATEMENT OF PRINCIPLES THAN CAN POSSIBLY BE
INCLUDED IN AN AMENDMENT TO THE CONSTITUTION AT THIS TIME MUST BE
DECLARED AT THIS CONFERENCE. SUCH A STATEMENT CAN EXPRESS THE
POLITICAL WILL OF THE VARIOUS GOVERNMENT OF THIS COUNTRY
CONCERNING ABORIGINAL RIGHTS.
IT IS THE VIEW OF MANITOBA THAT A CONSTITUTIONAL CHARTER OF
RIGHTS FOR THE ABORIGINAL PEOPLE HOULD BE SUBSTANTIALLY
INCOMPLETE WITHOUT A MEANINGFUL ROLE FOR THE ABORIGINAL PEOPLES
IN BEING ABLE TO INITIATE AMENDMENTS AND IN BEING ABLE TO APPLY
THEIR CONSENT TO CONSTITUTIONAL AMENDMENTS WHICH EXCLUSIVELY AND
DIRECTLY AFFECT THEN.
THE OBJECTION WHICH SOME ABORIGINAL GROUPS HAVE TO THIS
CONFERENCE AND THIS PROCESS IS BASED IN CONSIDERABLE PART ON TRY
VALID NOTION THAT WITHOUT AN AMENDING FORMULA WHICH INCLUDES THEN
IN A MATERIAL WAY, THEN “TO ENTRENCH IS TO ENTOMB”. THE
GOVERNMENT OF MANITOBA WILL PROPOSE TO THIS CONFERENCE THAT IN
ADDITION TO ADOPTING AN ONGOING PROCESS, A STATEMENT OF
PRINCIPLES, AND A STATEMENT WITH RESPECT TO THE CONSENT ISSUE,
THE CONFERENCE SHOULD ADOPT A FRAMEWORK AGREEMENT FOR THE
PROPOSED CHARTER OF ABORIGINAL RIGHTS. THE GOVERNMENT OF
MANITOBA WILL BE TABLING A PROPOSAL AT THAT POINT IN THE AGENDA
WHEN THE CONFERENCE IS DEALING WITH THE PARTICULAR RIGHTS OF
ABORIGINAL PEOPLE.

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WE IN MANITOBA VIEW CONSTITUTIONAL DEVELOPMENTS INVOLVING
ABORIGINAL PEOPLES AS A HOPEFUL PROSPECT. WE VIEW THEM AS
BENEFICIAL FOR ALL THE PARTICIPANTS, ABORIGINAL AND
NON-ABORIGINAL. THE POTENTIAL WINNERS OF THE PROCESS WE ARE NOW
EMBARKED UPON ARE NOT JUST ABORIGINAL PEOPLES OF CANADA, BUT ALL
CANADIANS.

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