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Canada's Northern Inheritance

Author: Tanis Fiss 2004/11/04
Former Prime Minister John Diefenbaker once described the North as "Canada's last great untouched inheritance." Regrettably successive federal governments have continued along the politically correct path which carves up Canada's northern inheritance by way of land claim settlements.

This week Parliament began to debate Bill C-14, the Tlicho Land Claims and Self-Government Act. If you haven't heard of it, you're not alone. However, it is extremely important for Canadians to learn more about this and other land claims agreements.

If passed this Act will be the first combined land claims and self-government agreement completed since the Nisga'a treaty. The Act will give less than 2,600 people $152 million over 14 years, year-round hunting and fishing rights and control over 39,000 square kilometres that are currently part of the North West Territories, an area almost the size of Switzerland. In addition, the Tlicho will have the ability to assess royalties on any mining or oil and gas activity within the newly created region and will have powers previously held by the territorial government, including education and healthcare.

This agreement will see the creation of a Tlicho Government. This government will have the power to enact laws over such things as: fishing; spiritual and cultural beliefs and practices; traditional medicine; heritage resources on Tlicho lands; training; social assistance; child and family services; adoption; education (except post-secondary); wills, intestacy and administration of estates; and marriage.

Currently, aboriginal band councils rely heavily on fiscal transfer payments from government. There is little evidence to indicate the Act will stop this trend. In fact, the Tlicho Agreement has a clause that states, "Nothing in the Agreement or in the settlement legislation shall remove from the Tlicho First Nation its identity as an Aboriginal people of Canada." In other words, the Tlicho people will still have the ability to receive the benefits, programs and services provided to aboriginal people by the federal government of Canada.

It was once the policy of government to settle land claims disputes to provide certainty for the future. In exchange for specific rights and privileges agreed to in the land claim agreement the band(s) involved in the agreement would agree to give up all future claims of any undefined aboriginal interest that it might have claimed in other areas not covered by the agreement. Hence why treaties such as the Victoria Treaties - or Numbered Treaties - contain the words cede, surrender and extinguish.

That's not the case today. In fact, the Tlicho Agreement has a clause that states, "Nothing in the Agreement or in the settlement legislation shall - affect the ability of Tlicho Citizens to participate in or benefit from any existing or future constitutional rights for Aboriginal people which may be applicable to them." In other words, if another aboriginal community in Canada negotiates a better deal, the Tlicho Agreement will be amended to get the new deal.

This is not a situation isolated to the North. Similar clauses will be included in treaty agreements in British Columbia, which is undergoing an extensive treaty process. Therefore, there will be no certainty achieved from treaties and there may not be for centuries - if ever.

This agreement - like other treaties - will be entrenched into the meaning of section 35 of the Constitution Act, 1982. In effect, the agreement will be written in stone. If the Tlicho people ever wish to amend the agreement, it will take a constitutional amendment. Furthermore, Parliament can not amend the agreement without Tlicho approval and a constitutional amendment. At the very least it's presumptuous to believe an agreement crafted in 2004 will still be effective in 100 years time.

Municipal government in Canada is delegated from senior levels of government, and is capable of being changed in the light of actual experience with how things work. Local government also has limitations on the powers it holds with established checks and balances, thus providing a greater degree of certainty and accountability.

Native leaders and advocates will say such recommendations will lead to cultural genocide. This rhetoric is based on an emotional argument with little merit. When someone becomes a Canadian of full status they do not stop being Cree, Mohawk or Ojibwas. A municipal system which provides the community members with more autonomy and control over day-to-day operations will provide an environment where aboriginal language and culture would flourish - not vanish.

The Nisga'a Treaty passed the House of Commons with little public debate or scrutiny. Let's hope for the sake of our northern inheritance Canadians are now given greater information and the opportunity to debate the Tlicho Land Claims and Self-Government Act.

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Franco Terrazzano
Federal Director at
Canadian Taxpayers
Federation

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