PM Harper failing to fulfill Mulroney’s Oka promise on modern treaties

(Mohawks from Kahnawake battle with Canadian soldiers during the 1990 Oka crisis. File/photo) 

Jorge Barrera
APTN National News
As the smoke was clearing from the 1990 Oka Crisis, then-prime minister Brian Mulroney wrote to the premiers of the Northwest Territories and the Yukon about the long, hot summer saying his government would be responding to the demands of “Aboriginal people” in four parts.

At the top of the list was “resolving land claims.”

Mulroney assured the two premiers the issue would receive Ottawa’s full attention.

“The federal government is determined to create a new relationship among Aboriginal and non-Aboriginal Canadians based on dignity, trust and respect,” wrote Mulroney to former NWT premier Dennis Patterson and former Yukon Premier Tony Penikett in near-identical letters dated Nov. 15, 1990.

The other issues on the list included, “defining a new relationship between Aboriginal peoples and governments,” also “improving the economic and social conditions on reserves” and “addressing the concerns of Canada’s Aboriginal peoples in contemporary Canadian life.”

Throughout the summer-long crisis in Kanesatake and Kahnawake which spread across the country, the issue of comprehensive claims, or modern treaties, continued to crop up as a major irritant from the First Nation side. Pundits and First Nation representatives who appeared on CBC, CTV and other local cable newscasts repeatedly mentioned the need for Ottawa to overhaul its approach to comprehensive claims. APTN did not exist at the time.

In response, after the guns, tanks and helicopters faded from television screens, Mulroney began an overhaul of the land claim system. First, he eliminated the six-claim cap on the number of negotiations Ottawa would deal with at any one time. In 1992, the British Columbia-specific treaty table was created and in 1993 former Progressive Conservative Indian affairs minister Tom Siddon unveiled an overhaul of Ottawa’s comprehensive claim and specific claims policies.

The Letters

Since then, only four B.C. modern treaties have been settled while First Nations involved in the process have amassed about $500 million worth in loans from the federal government to pay for negotiations. As of January 2013, Canada has issued $1 billion in loans and non-repayable contributions to First Nation groups involved in claims talks which can take up to three decades to reach a final agreement.

It’s also emerged that Prime Minister Stephen Harper’s cabinet has stalled three modern treaty negotiations for two years.

As it nears the end of its first majority mandate and its ninth year in power, the Harper government is only now beginning to address the issue of comprehensive land claims and folding it into a process named to imply a redefinition of Ottawa’s relationship with its Indigenous nations.

It’s called the “reconciliation framework” and it was first mentioned by Ottawa in a statement issued by Aboriginal Affairs Minister Bernard Valcourt’s office last Thursday in response to the release of a report by former federal negotiator Douglas Eyford.

Eyford was appointed last July by Valcourt to meet with dozens of First Nations across the country on improving Ottawa’s comprehensive land claims policy. As his report points out, Eyford travelled well tilled soil. The federal comprehensive claims policy has been updated three times since its 1973 creation. There have also been eight studies or reports on the issue since 1983, including a 2006 report from the federal Auditor General and two Senate reports, in 2008 and 2012.

“Many of the issues I have considered are neither new nor unforeseen. The observations, findings, and recommendations of these reports remain relevant and compelling despite the passage of time, legal developments, and changes in policy having placed some of the issues in a different context,” said Eyford, in the report.

Comprehensive claims encompass territorial claims, self-government and Aboriginal rights. They are negotiated in areas not covered by so-called “surrender” treaties or numbered treaties. The majority of these claims stem from British Columbia, the North, parts of Ontario, Quebec and Atlantic Canada.

Specific claims generally stem from historical grievances over loss of land or the misuse of monies held in trust by Ottawa.

Eyford’s report also mentions a “reconciliation framework” and issues recommendations on its possible creation.

“Canada’s commitment to reconciliation should be reflected in a new framework that: continues to support modern treaty negotiations, but addresses institutional barriers…provides a rights-informed approach to treaty-making,” said the report. “(It should also offer) other reconciliation arrangements for Aboriginal groups that are not interested in negotiating a comprehensive land claims agreement…and improves the implementation of modern treaties and other agreements with Aboriginal groups.”

Valcourt’s office is saying little about its own vision for this new framework aside from sending links to the department’s interim comprehensive claims policy which was widely panned by First Nation groups.

In an emailed statement, Valcourt’s office said the reconciliation framework is simply the renamed “framework for addressing Section 35 Aboriginal Rights.” The minister also has no plans to roll anything out soon.

“This framework will be developed incrementally and through dialogue with partners,” said the statement. “Over the coming months, we will engage with Aboriginal groups as well as other stakeholders, including those who provided input during the engagement meetings (with Eyford), in order to seek their feedback on those recommendations.”

Valcourt’s framework plans, however, are getting a lukewarm response from the Assembly of First Nations.

AFN National Chief Perry Bellegarde said Valcourt needed to open direct discussions with First Nations on the issue.

“Any work on a ‘reconciliation framework’ needs to be discussed directly with First Nations,” said Bellegarde. “We are concerned that this government is relying too much on ministerial special representatives and other agents when the federal government has a duty to engage directly with First Nations.”

It all seems a far cry from what was promised following the Oka crisis by the Mulroney government of which Valcourt was once a part.

“I have great respect for the peaceful and patient manner in which most chiefs, elders and Aboriginal people have expressed their grievances and my government will continue to work with these individuals to find appropriate measures to respond to the needs and concerns of Aboriginal people,” said the letters, which Mulroney signed. “These grievances raise issues that deeply affect all Canadians and therefore must be resolved by all Canadians working together.”

According to a memo sent to Mulroney with draft responses to the two premiers, the letters “were developed in consultation with the Department of Indian Affairs.”

The Memo

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Jorge Barrera

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