First Nations and the Crown

Everything from land claims and governance to economic development, education, and health was on the agenda during the Crown-First Nations Gathering in January 2012.

The Assembly of First Nations (AFN) claimed the goal was to "rest the relationship" between the federal government and First Nations peoples.

Watch the 2012 Crown-First Nations Gathering: morning and afternoon sessions

Prime Minister Stephen Harper, Aboriginal Affairs John Duncan, and other cabinet ministers met with AFN national chief Shawn Atleo and a delegation of regional chiefs in Ottawa. Governor General David Johnston also spoke.

It was the first such meeting since the Conservatives formed government in 2006.

The summit included open plenary sessions along with smaller breakout groups behind closed doors to discuss closing the gap in education, heath, housing, and prosperity between First Nations people and the rest of Canada.

The three main themes:

1) Strengthening the Relationship and Enabling Opportunity

2) Unlocking the Potential of First Nation Economies

3) Realizing the Promise of First Nation Peoples

Chiefs from across Canada requested such a meeting in 2010. The government agreed to work towards a gathering in the June 2011 Canada-First Nations Joint Action Plan.

Then came the Attawapiskat housing crisis in late 2011, complete with images of people living in shacks and unheated trailers as winter approached. National attention focused not only on the small northern Ontario community and its dangerous living conditions, but the overall state of Canada's First Nations.

A joint statement called for five "immediate steps:"

• A "renewed relationship" to encourage financial self-sufficiency and reward First Nations with "high-performing governance systems"
• Removing barriers to effective First Nations governance
• Advancing land claims resolution and treaty implementation
• Education reform
• An economic development task force

A progress report is due by Thursday, Jan. 24.

Royal Proclamation (1763)
Afer the British seizure of nearly all of France's North American empire, King George III issued a proclamation to organize the new possessions. This included a ban on private land purchases from First Nations -- all land transfers would be performed in public, in the name of the Crown, creating the modern treaty process.

The proclamation is viewed as a key constitutional document for relations between the Crown and Canada's First Nations.

British North America Act (1867)
Responsibility for "Indians, and Lands reserved for the Indians" is given to the federal government.

Indian Act (1876)
This legislation still governs registered Indians, reserves, and bands. There have been several amendments since.

The White Paper (1969) and the Red Paper (1970)
The federal government releases a document calling for "equal staus" for aboriginal peoples, who "must not be shut out of Canadian life." Ottawa proposed to:

• repeal the Indian Act and end the legal distinction between "status" Indians and other Canadians
• end the treaty process for land claims and create private ownership of reserve lands
• devolve more responsibility for aboriginal peoples to the provinces

A group of Alberta chiefs responded the following year with an infamous "Red Paper" that defended their status and treaty rights, arguing that the government offered "despair instead of hope."

Constitution Act (1982)
The new Charter of Rights and Freedoms could not "abrogate or derogate" from aboriginal rights found in the Royal Proclamation or land claims agreements. Aboriginal leaders, worried their historic rights would be excluded in a new constitution, even traveled to London to press their case.

Also this year, the National Indian Brotherhood was re-organized into the Assembly of First Nations.

First Ministers' Conferences (1983-1987)
Four conferences were held with aboriginal groups, but no agreement was reached on self-government.

Meech Lake Accord (1987)
The first attempt to amend the 1982 Constitution included a recognition of Métis peoples. However, many First Nations refused to support the accord, which expired in June 1990.

Charlottetown Accord (1992)

The failed constitutional reforms of Meech Lake led to a second attempt by Brian Mulroney's government. Charlottetown included more provisions for aboriginal peoples, including the right to self-government and Senate representation. Canadian voters defeated the accord in an October referendum.

Royal Commission on Aboriginal Peoples (1996)

The massive five-volume, 4,000-page report contained 440 recommendations, including:

• a new Royal Proclamation
• an aboriginal parliament
• more Métis rights, including self-government
• more resources for education, health care, housing, and social services

Kelowna Accord (2005)

Paul Martin's Liberal government engineered a $5.1-billion agreement with the provinces and aboriginal leaders, not long before a non-confidence motion led to an election and his replacement by Stephen Harper.

The accord ended more than one year of negotiations.

The House of Commons passed a private member's bill by Martin in 2007 that would have restored the funding for health care, education, and housing, but was not implemented by the minority Conservative government.

Truth and Reconciliation Commission (2008)
Commissioners were given a five-year mandate to review the residential school system and its abuses. Another key goal was to provide a forum for surviving students to share their experiences.

An earlier agreement set aside $1.9 billion as compensation for survivors.

Residential Schools Apology (June 11, 2008)
Prime Minister Stephen Harper rose in the House of Commons to issue an official apology to former students at residential schools. First Nations leaders responded to the apology inside the chamber.

Conservative Majority (2011)
Since winning a majority, the Harper government has introduced the First Nations Financial Transparency Act, now in the Senate. The bill would require band chiefs and councillors to publish their salaries and expenses.

Bills have also been introduced for on-reserve matrimonial rights, band council governance, and safe drinking water.

Interview with John Duncan (Dec. 9, 2011)

Canada's North Beyond 2011: Session One and Session Two

Rebuilding Bridges with the First Nations (August 2011)

Shawn Atleo on aboriginal education (May 2011)

2007 AFN General Assembly

2009 AFN General Assembly: Candidate speeches / Phil Fontaine farewell / Shawn Atleo victory speech

2010 AFN General Assembly

2012 AFN General Assembly

The Crown and the First Nations (June 2010)

Canadian Constitutional Affairs Conference: Self-Governance of Native Peoples (January 2008)

Our Home on Native Land : Burrard Inlet, Cumberland House, Kitcisakik, Pauingassi, Wikwemikong

In Conversation with Maclean's: First Nations in Canada: Is there a way forward?