cia =. a re ROT OTE Ey eet Sa gee Ee «eh ELT noe sano na ama ire lag as tae” Recognition of aboriginal : rights the primary concern by Michael Kelly TERRACE — While most Canadians are yawning or get- ting infuriated by the latest federal government commission on the Constitution, a commis- sion for aboriginal peoples on Constitution stopped in Ter- race last week and got a strong response. The First Nations Circle on the Constitution, sometimes called “the parallel process", is holding hearings across Canada to deter- mine what native people would like to see in the revamped Constitution that the Mulroney government is promising. Frank Calder, originally from the Nass Valley near Terrace, headed the four-member group that listened to native concerns for the full day Nov. 28. Calder said the hearings are open to the public and in fact getting more participation than the "official" Dobbie-Castonguay commission struck by the federal government. Alvin McKay, chairman of the Nisga’a Tribal Council, told the commission the council views its efforts as "a useful exercise, and one we heartily support", but expressed reservations because although the hearings haven’t covered many areas of Canada the Assembly of First Nations is already beginning to issue policy statements on its constitutional position. "This is our only chance to present our views," McKay said. "We don’t want this exercise to be interpreted as token or paternalistic. "The AFN seems to have already decided their position... you know the Department of Indian Affairs is famous for that." McKay then read the tribal council's 10-page brief into the record. It expressed serious concerns about the impact of changing the Constitution on ‘native people. The brief covered current federal proposals to alter the Constitution, expressing concern about the "Canada clause", the wording of which implies that although aboriginal people were “historically self-governing", they are no longer. McKay em- phasized that the Nisga’a would not accept any limitations entrenched in the Constitution on their right to self-govern- ment, and added that natives should be included in any state- ment regarding "the founding peoples of this country". The current federal proposal names only the English and French, The brief also urged vigilance regarding any changes to Section 35 of the Constitution, which entrenches aboriginal and treaty rights. McKay noted that under the current wording native peoples must be consulted before any changes are made to that section. One proposal for change was seen as something of a land- mark, a proposal that would see rights to self-government entrenched in the Constitution and protected under the Charter of Rights immediately, even without a negotiated agreement. The brief termed it "the key proposal in the federal package". The brief also addressed mat- ters outside Section 35, includ- ing proposals for a reformed senate. It expressed reservations about the vagueness of the pro- posal, which suggests aboriginal representation but goes into no detail, and termed it "impossible to appraise". The tribal council is currently involved in land negotiations Terrace Review —— Wednesday, December | I, 1991 9 Nisga’a lay out constitutional warnings McKay, Robinson: Not interested in token or paternalistic exercise. with the provincial and federal governments, and changes to the Constitution during the negoti- ations could have serious and far-reaching effects. McKay expressed particular concern about the proposal to entrench property rights. The Nisga’a fear that those rights could be interpreted to include tenures like tree farm licences, forest licences and mineral tenures. If that were the case, land negotiations in the Nass Valley, crisscrossed with a whole range of such stake- holders, could be torpedoed. "If property rights were pro- tected, it would include ‘multi- national corporations and devel- opers. They would be immune to regulations, they could do what- ever they wanted," McKay told the commission. The West Coast Environmental Law Association expressed simi- lar concems recently, saying that the entrenchment of property rights in the Constitution could The Dr. R.E. M. Lee Hospital Foundation 4720 Haugland Ave. Terrace, B.C. V8G 2W7 A THOUGHTFUL WAY TO REMEMBER is with an In Memoriam gift to the Dr. R.E.M. Lee Hospital Foundation. Donations are gratefully accepted at the above address, the Terrace Fire Department on Eby. St., or by contacting Mrs. Helene McRae at 635-5320. Income tax receipts are available, - NORTHCOAST make it difficult or impossible for governments to enforce envi- ronmental regulations on private land or even crown land under tenure to corporations. McKay concluded, "The first requirement is to affirm aborig- inal title. It cannot be taken away, and therefore it cannot be given back. We must redefine and set out our role as Cana- dians." : In an interview after the con- ference McKay said some of the news emerging from the consti- tutional discussions is positive. "It’s difficult to second-guess the federal government right FINAL THREE WEEKS Your Best Choice Fall Parts Sale Everything from Antifreeze to complete John Deere engine assemblies are on sale Now! FOR YOUR | LITTLE OPERATOR now. The Prime Minister said recently he is going to put the First Nations agenda into focus," he said. "We’re encouraged from time to time." If the constitutional talks finish up before the Nisga’a negoti- ations are complete, it could involve some changes in the ultimate nature of the land settlement, McKay said. He added, however, that he sees a shift in a positive direction. In the end it was a First Nations representative, Elijah Harper of Manitoba, who killed the previous constitutional amendment proposal, the Meech Lake Accord. o CONSTAUCTION S ERVICES 941167 VENTURES LTD. 7 -NECHAKO NORTHCOAST CONSTRUCTION SERVICES © Nechako Northcoast Construction Services has contracted with the Province of British Columbia to perform road and bridge maintenance in the Skeena District, encompassing Terrace, Kitimat and the Nass Valley. a We are currently compiling a hired equipment list and advise all persons or companies wishing to register reliable equipment such as trucks, loaders, graders,backhoes, excavators, compactors, scrapers, tractors, etc. that they should submit details of available equipment on ; company forms. 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