Aboriginal leaders continue to voice their concerns about the lack of consultation about the second budget implementation bill (C-45).
Yesterday, several First Nations chiefs crossed from their special assembly in Gatineau, Que. to protest on Parliament Hill. Some sought, unsuccessfully, to enter the House of Commons chamber; Natural Resources Minister Joe Oliver briefly met with the group.
Tonight, Peter Van Dusen welcomes Perry Bellegarde, chief of the Federation of Saskatchewan Indian Nations (8pm ET / 5pm PT).
Bill C-45 and Natural Resources
First Nations leaders argue they were not properly consulted about changes to navigable waters and environmental assessment legislation in the second budget bill -- they were only offered high-level technical briefings.
For instance, the Assembly of First Nations warned of development proposals being mired in costly legal battles if navigable waters laws are amended to exclude aboriginal rights from the minister's consideration.
They also expressed concern about the government imposing a definition of what constitutes "aboriginal fishery" under the Fisheries Act. Read more in this Senate committee report on Bill C-45 and watch the AFN at committee
National Chief Shawn Atleo called the environmental changes "unacceptable."
Bill C-45 and Land Designation
Land designation, introduced in 1988, allows a First Nation to lease part of its land for business development or parks without surrendering interest to the Crown. It currently requires a vote with the majority of eligible band members present. When less than half cast votes, a second vote is held, based on a simple majority.
Bill C-45 would eliminate the first "majority of majority" vote, requiring just a majority of those who actually decide to vote. The government estimates this would reduce the approval period "by a couple of months" and end "impediments ... to economic development."
The other major change would be to remove cabinet approval for land designations; only the aboriginal affairs minister would be required for authorization.
Both the auditor general and the National Aboriginal Economic Development Board have said the current process is too time-consuming. AFN National Chief Shawn Atleo has publicly complained, however, that efforts to change the Indian Act have not involved cooperation with First Nations themselves.
Indian Act
The future of the Indian Act itself is also another major point in the Crown-First Nations relationship.
Conservative MP Rob Clarke has introduced a bill to require the aboriginal affairs minister to report annually to Parliament on efforts to replace the Indian Act. A second-reading vote is scheduled for this evening, along with a motion by Liberal interim leader Bob Rae calling for more consultation on new legislation:
That, in the opinion of the House, the Indian Act is the embodiment of failed colonial and paternalistic policies which have denied First Nations their rights, fair share in resources; fostered mistrust and created systemic barriers to the self-determination and success of First Nations, and that elimination of these barriers requires the government to initiate a formal process of direct engagement with First Nations within three months of passage of this motion, on a nation-to-nation basis, which focuses on replacing the Indian Act with new agreements based on:
(a) the constitutional, treaty, and inherent rights of all First Nations;
(b) the historical and fiduciary responsibilities of the Crown to First Nations;
(c) the standards established in the United Nations Declaration on the Rights of Indigenous Peoples, including the principle of free, prior, and informed consent;
(d) respect, recognition, reconciliation and support for First Nations;
(e) partnership and mutual accountability between the Crown and First Nations; and
(f) stability and safety of First Nations; and that this process be completed within two years before reporting with a series of concrete deliverables for the government to act upon.
The first budget bill
The Assembly of First Nations also publicly opposed last spring's first budget bill (C-38), which included a revamped environmental assessment process and alterations to the Fisheries Act.
Atleo told a parliamentary committee that the changes place “our collective lifeblood at risk” and were a continuation of “unilateralism and imposition” by the federal government.
Atleo said the bill ignores the Crown’s legal duty to consult and accommodate First Nations and protect treaty rights, and would create future headaches through challenges to the new assessment process and devolution to the provinces.
The government held that the duty to consult will be maintained, regardless of which agency or level of government is conducting the review. A post-budget statement argued that future consultations would be "consistent, accountable, meaningful and timely."
WATCH: 2012 Crown-First Nations Gathering morning session and afternoon session
-Andrew Thomson
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