Page A2 — Terrace Standard, Wednesday, October 7, 1992 Native gov't ‘no blank cheque’ Feds defend the deal TERRACE — The inherent right to self-government accorded na- tives in the new constitutional deal is not the dangerous minefield opponents make it out to be, says federal justice minister Kim Campbell. “T can’t guarantee how things are going to tum out,” Campbell said Friday ina telephone inter- view from Ollawa. “But I don’t think there are any glitches in there that open a door that we wouldn’t want to see opened. My hope is that it’s the first step in culting the umbilical card.”” She said the set of powers ac- corded to native governments isw’t defined — it will be negotia- ted by the federal and provincial governments. Native self-government, she said, is still subject to the peace, order and good government of Canada — the ‘POGG’ catch-all clause that gives the. federal government ullimate power in the land. The Charlottetown accord says that natives would be able to go to the courts for a definition of self-government in the event agreements aren’t reached within five years. But Campbell says that doesn’t mean natives can stay away from the bargaining table for that long and then go to the courts for what they want. “Tf the courts fcel negotiations have not gone as far as they can go then they will refuse to consid- cr it,’ she said. “They must be satisfied that there really is an ex- haustion of the negotiation pro- cess «— that there really is a stalemate.” . The deadline is necessary, how- ever, to put pressure on goverii- ments to negotiate a deal, she said. ; ‘The right (of self government) isn’t meaningful. for aboriginal people if there is no mechanism for resolving disputes, The governments could just keep ne- gotiating forever. It would be just a meaningless right.” “It’s not just a blank cheque,”’ Campbell said. ‘‘I’s a genuine mT EG Saba b tia ts process of negotiation where both levels of government have te- sponsibility to negotiate in good faith, and to listen attentively and receplively to the views of the aboriginal community. But also to balance those against the other interests.”’ “The provincial government would have a particularly strong responsibility to those surround- ing municipalities, because they | are creations of the provincial government and they are ultimately entitled to look to the provincial government to protect their interests.” “When a provincial govern- ment comes to the table, perhaps municipalities will be there as ob- servers. There will have to be communication and responsive- ness to the municipalities whose interests are going to be affected by the negotiation.’’ Under the Charlottetown ac- cord, native governments would be able to use the notwithstanding clause of the constitution in the same way as a provincial legisla- ture can use it to override certain sections of the Charter of Rights and Freedoms. That has some opponents of the deal concerned that native politicians could override the charter rights of people living in areas under native jurisdiction. Could native governments restrict the language rights of people living in their territorics in the same way the Quebec goveri- ment invoked the notwithstanding clause to restrict English- language signs? Campbell thinks that fear is ex- aggerated, Firstly, she says that as with the use of the notwithstanding clause by provinces, such a measure would have to be passed by the legislative assembly of that aboriginal government Campbell notes the section that gives native governments authority to use the notwithstand- ing clause restricts that use to conditions ‘‘which are ap- propriate to the circumstances of aboriginal peoples and their legis- RACE SHELL ] purchase coupon as advertised in the Sept. 23 Terrace Standard and Sept. 27 Skeena Marketplace will expire an Oct. 17, 1992, Other testrictions apply as advertised. a Tn Ain aie, : WELCOME BACK lative bodies.” . ensure that people living in native ‘What are the appropriate cir- communities do not have fewer cumstances here? These are rights than people living outside smaller communities with more — of those communities,”’ Campbell famillial relationships,’’ she said. said. “The governments are. not at ‘We have a responsibility to arm’s length, Therefore the cir- aboriginal people to negotiate in cumstances are very different and good faith, We have a responsi- perhaps we should limit the ap- bility to minorities in aboriginal plication (of the notwithstanding communities not to negotiate clausé).”” away their rights, We have a re- Campbell says the wording nar- sponsibility to all the people who rows the application of the are touched and affected by the notwithstanding clause. creation of aboriginal govem- “There’s a ‘but’ here and it ments to be careful and solicitous could be a very big but,’ she of their rights, too.’’ . said, adding it will depend on She predicts people affected what restriction of powers are ne- will want to become involved in gotiated in the couse of talks the process. with native groups seeking self- “I think people will want to put government. pressure on their governments ta Most sections of the charter take that responsibility seriously, which can be set aside with the to respond to them and to involve notwithstanding clause involve them in the discussions and to our legal rights -— such as the think it through very carefully.” Tight to be protected from un- BONNIE! Hairwaves is pleased to announce th Vendettelll to their Salon, Aftera 6 month absence, Bonnie is happy to be back on a part-time basis. She invites all her friends and clientelle to stop in and see her. 5 ABAGLAKELS reasonable search and seizure and arbitrary detention or imprison- ment, “My approach to the issue of aboriginal self-government would be, to say either criminal justice matters do not come within this, or else (self-government) is defined in such a way as to mini- mize the capacity to use the notwithstanding clause in that area,’’ Campbell said. “The ultimate goal will be to | rea Ayre ’ | SF ~ The Back Eddy Pub is pleased to welcome PAUL WALKER Manager. Paul's years of experience serving the peaple of Tetrace and grea will add to the Unique Atmosphere at the Back Eddy. as the new e@ return of Bonnie Me i OKTOBERFEST — October 12 to 17 Enjoy a special menu all week, On Saturday night trom 8:30 to 12:30 Walt Werner will entertain with festive music. excitement. WATCH FOR THESE EVENTS COMING THIS MONTH: HALLOWEEN — Saturday, October 31 Join us for a Halloween Masquerade with lols of fun and The $10.00 off your next $100.00 family Sun. - Thurs. Fri.& Sat. 1t a.m, - 12 midnight SORRY FOR ANY INCONVENIENCE % ea GAPE me Employees wish to announce that they have anew MANAGER 7 - Station and Food Store ~ Open 6:00 a.m. to Midnight SUNDAY TO SATURDAY YOUR FARIENOLY NEIGHBORHOOD PUB “44 am.-1 am, = . mes | Sell Gye a ee Kitchen Open 11 a.m.- 10 p.m, Polen os Repairs Done By Kalum Street Automotive Mon. to Sat. 8:00 a.m. to 5:00 p.m. Tues. ~ Noon to» 4p.m, Pop Bottle Depot | = OPENEVERY | | Thurs. Noon to 4 p.m. 4 Sat. Noon receive id : Brian Wagner Manager p.m. | AND CAR WASH Limit One Coupon Per Purchase - NO LIMIT — Coke and Pepsi Products ONLY - with this coupon 0 PS tee ee ees ce tee cas 100 OFF ; _ _ YOUR NEXT PURCHASE OF 30 LITRES OR 0 | MORE OF GASOLINE FROM TERRACE SHELL Offer Expires Nov. 7, 1992 Bh ee a ean eae