Aboriginal Issues

1
Aboriginal Issues

• Presentation to
• Canada School of Public Service
• June 23, 2005

2
Purpose of this Deck

• Overview of the Aboriginal policy agenda
• Emerging trends and issues
• Provincial/Territorial dimensions
• Current federal strategies for addressing
  emerging trends and issues
• Role and forward agenda of the Cabinet Committee
  on Aboriginal Affairs
• Next -steps (To Fall 2005)

3
Demographic and Socio-economic Conditions of
Aboriginal Peoples in Canada - Highlights

• 1,400,000 persons of Aboriginal ancestry
• Approximately 1,000,000 identifying as
  Aboriginals
• Out of the 1,000,000 65 are status Indians 30
  Métis and non-status and 5 Inuit
• 35 on Indian reserves
• 20 in census metropolitan areas (CMAs)
• 62 in the four western provinces
• Over 11 of the total population of Manitoba and
  Saskatchewan is Aboriginal
• Aboriginal population is younger that the
  Canadian average - average age is 25, compared to
  35 for Canada as a whole

4
Highlights cont..

• Unemployment rate
• 2 x the national average
• in the prairies 3 x
• Income level below average
• Canada 25,400
• Aboriginals 15,700 of which
• on reserve 12,200
• in urban areas 17,200
• Low income incidence
• 2 x the national average
• in Manitoba and Saskatchewan 3 x

5
The Federal-Aboriginal Relationship Legislative
Basis

• Under section 91(24) of the Constitution Act 1867
  federal government has legislative jurisdiction
  over Indians and lands reserved for Indians
• Courts have interpreted this section to include
  the Inuit
• Federal Government has consistently taken the
  position that Métis fall within provincial
  jurisdiction legislative jurisdiction for the
  Métis as a distinct Aboriginal people remains
  unclear
• In general, provisions in the Indian Act govern
  federal legislative responsibilities for Indians
• Recent efforts to change some of the key
  governance elements in the Indian Act (eg. legal
  status of Indian bands) were unsuccessful

6
The Federal-Aboriginal Relationship Policy

• Federal government has a broad range of policies
  and programs targeted to First Nations, and to a
  lesser degree Inuit and in some cases Métis
• - social and economic development (eg. Child and
  Family Services on Reserve, Housing, Economic
  Development, Non-insured health benefits)
• - land claims (eg. Nisgaa)
• - self-government (eg. Westbank)
• Aboriginal people also eligible for federal
  programs and services of general application
• Federal departments deliver over 240 programs
  touching all aspects of Aboriginal lives and
  amounting to roughly 8.7B, yet results remain
  poor

7
Land Claims

• Comprehensive land claims are negotiated based on
  assertions of continuing Aboriginal rights to
  land and natural resources
• Federal policy stipulates that land claims may be
  negotiated with Aboriginal groups in areas where
  claims to Aboriginal rights/title have not been
  addressed by treaty or through other legal means
• Provincial governments must participate as much
  as possible in negotiations and contribute to the
  provision of benefits to Aboriginal groups (based
  on the fact that the majority of lands and
  resources subject to comprehensive claims
  negotiations are under provincial jurisdiction

8
Land Claims, cont..

• Comprehensive claims lead to treaties which are
  protected under Section 35 of the Constitutional
  Act, 1982.
• Treaties describe the rights and obligations of
  each party (government and Aboriginal group) with
  a view to attaining what is called certainty
• Examples Nunavut Nisgaa

9
Self-Government

• Inherent Right Policy was introduced in 1995 and
  met a commitment outlined in the 1993 Liberal
  platform
• Recognized inherent right of self-government as
  an existing right within section 35 of
  Constitution Act, 1982
• Main thrust is reaching practical and workable
  agreements on the exercise of self-government
• Different circumstances amongst Aboriginal people
  eg., First Nations on reserve, off reserve,
  Inuit, Métis) translates into various approaches
  and specific arrangements

10
Interdepartmental Dimensions

• A number of federal departments have programs
  specifically targeted to Aboriginal people
• Implementation of land claims and self-government
  negotiations involve all departments concerned
• Implementation of horizontal strategies, such as
  the urban Aboriginal strategy, require that
  departments work together
• Some formal interdepartmental mechanisms have
  been in place for a few years, eg., the federal
  steering committee on self-government, (now
  merged with comprehensive claims)
• In western provinces, sub-committees of federal
  councils of senior officials assume coordinating
  role in implementing the federal urban Aboriginal
  strategy

11
Provincial/Territorial Perspectives

• Provinces and Territorial Governments have no
  legislative authorities over Indians or Inuit
  (per se)
• However, provincial laws generally apply to them
• Aboriginal people eligible for provincial
  programs available to other provincial citizens
• Under some circumstances, provinces have specific
  legal obligations to Aboriginal people (for
  example obligations arising from land claims
  settlements)

12
Provincial/Territorial Perspectives, cont..

• Provinces (with the exception of Québec) have
  argued that Aboriginal people on- and off-reserve
  are a federal responsibility under section 91(24)
  and that the federal government should pay for
  all the programs and services they use
• Not receptive to engage in rights issues
• Practices
• Notwithstanding their positions, most provinces,
  in their own ways, are showing signs of
  willingness to engage in discussions or processes
  to develop concrete arrangements, notably to
  improve socioeconomic conditions.
• Increasing interest in cooperative arrangements
  to deal with urban Aboriginal issues, most
  notably in the west

13
Emerging Trends and Issues

• Underlying trends and factors (eg, demographic,
  socioeconomic, legal) have been perceptible for a
  while
• What is new or emerging is a much broader
  awareness amongst academics, the media, public
  and private institutions as well as a group of
  federal Cabinet ministers
• that current approaches need rethinking

14
Current Federal Strategy

• The Government of Canada is currently working
  towards a new national
• approach to Aboriginal issues, focusing on shared
  responsibilities, to
• ensure Aboriginal peoples are full partners in
  building the social and
• economic fabric of a prosperous Canada
• Fulfilling this vision requires a closing of the
  gap in life chances between Aboriginal and
  non-Aboriginal people
• Achieving this vision requires transformation of
  current Government of Canada relationships to
• - strengthen the bilateral relationships with
  Aboriginal peoples
• - build effective partnerships with
  provinces/territories and Aboriginal peoples on
  Aboriginal issues

15
Speech from the Throne 2004

• Acknowledged the shameful conditions in too many
  Aboriginal
• communities, and set out a vision
• Aboriginal Canadians must participate fully in
  all that Canada has to offer, with greater
  economic self-reliance and an ever-increasing
  quality of life, based upon historic rights and
  agreements

16
A New Cabinet Committee

• The 2004 SFT established a Cabinet Committtee on
  Aboriginal Affairs (CCAA) to support the
  committment for a more focused and coherent
  approach to Aboriginal issues
• An Aboriginal Affairs Secretariat in the Privy
  Council Office was also created to support the
  work of the CCAA

17
CCAA

• The role of the CCAA is to
• Shape and guide the development of policies
  across the Government of Canada on Aboriginal
  issues
• Focus on broad policy direction as opposed to
  transactional items (e.g. approval of specific
  agreements, legislative drafting authority,
  modifications to existing programs)
• Ensure the overall coherence of and bring focus
  to Aboriginal policies and programs located
  within federal departments and agencies
• Provide broad direction on engaging Aboriginal
  leaders and provinces and territories to support
  the development of a national Aboriginal agenda
  for action

18
Aboriginal Affairs Secretariat Progress to Date

• As a coordinating body the Secretariat has begun
• Organizing within the federal government roles
  and responsibilities necessary to undertake a
  renewed and coherent relationship with Aboriginal
  peoples
• Identifying key issues and potential priority
  areas to begin action
• Dialoguing with Aboriginal leaders to discuss
  relationships and priorities the
  Canada-Aboriginal Peoples Roundtable on April 19,
  2004 was the first step
• Work has since focused on sectoral follow-up
  sessions, the Policy Retreat and preparations for
  a fall First Ministers Meeting on Aboriginal
  issues

19
April 19th Canada Aboriginal Peoples Roundtable

• On April 19, 2004 at the Canada-Aboriginal
  Peoples Rountable the Prime Minister said
• We must break the cycle of poverty, indignity
  and injustice in which so many
• Aboriginal Canadians live. We must make real
  improvements in their lives and
• living conditions. And all this must lead to
  economic self-sufficiencyWe must
• put an end to the terrible assumption that
  Aboriginal Canadians will always be
• little or a lot worse off than other Canadians.
• This means closing the gap in life chances
  between Aboriginal people and other
• Canadians within a generation. These
  quality-of-life improvements will enable
• Aboriginal high-school completion and
  post-secondary participation to equal that of
  non-Aboriginals.
• Aboriginal employment levels to equal those of
  non-Aboriginals.
• Aboriginal health status as measured by life
  expectancy and infant mortality to match the
  Canadian average.
• All Aboriginal communities to have, by 2008,
  clean water and adequate housing.

20
April 19th Canada Aboriginal Peoples
Roundtable, cont..

• The goals of the Roundtable were to renew the
  relationship between the Government of Canada and
  Aboriginal leaders and to discuss ways of making
  concrete progress in areas of mutual priority
• Relationships
• Health
• Life-long learning
• Housing
• Economic opportunities
• Accountability
• Participants included over 70 Aboriginal leaders
  and experts, and over 40 members of the federal
  Cabinet, Senate and House of Commons.

21
Roundtable Follow-Up Key Commitments

• At the April 19th Roundtable, the Prime Minister
  made four key commitments
• A Report on the Roundtable Strengthening the
  Relationship, Canada-Aboriginal Peoples
  Roundtable was released on May 20, 2004
• Development of an Aboriginal Report Card (ARC)
  As a first step, an Aboriginal Peoples Chapter is
  being included in the Treasury Board's Canada's
  Performance 2004. The development of an
  Aboriginal Report Card is being pursued over the
  next year through the sectoral sessions and
  focused federal-provincial/territorial-Aboriginal
  (F-P/T-A) working groups to improve results and
  accountability
• Sectoral discussions in six priority areas with
  Aboriginal groups, P/T governments, sectoral
  experts and practitioners
• A policy retreat with members of the CCAA,
  Aboriginal leaders and P/T representatives

22
Sectoral Follow-up to the RoundtableLead and Key
Departments
23
Policy Retreat

• The Policy Retreat was held on May 31, 2005 and
  was the culmination of the Canada-Aboriginal
  Peoples Roundtable process and produced the
  following outcomes
• Strengthened relationships between the Government
  of Canada and First Nations, Inuit and Métis
  through accords signed with five national
  Aboriginal organizations
• Commitment to achieving results and confirmation
  of policy directions in six key areas of focus
  relationships/negotiations, accountability for
  results health, housing, economic opportunities
  and life long learning
• Provinces and Territories (PTs) consider the
  Roundtable process as federal/Aboriginal, but
  have been engaged as observers throughout this
  process, including at the Policy Retreat
• P/Ts have been engaged in the preparations for
  First Ministers Meeting (FMM) on
• Aboriginal issues planned for Fall 2005, through
  a Steering Committee - chaired by
• federal Deputy Ministers (DMs) Marie Fortier,
  PCO-IGA and Michael Horgan, INAC

24
Role of public service in new strategy

• Policy development requires that Aboriginal
  interests be taken into account and in many cases
  Aboriginal people be directly engaged even in
  cases when the primary focus of the issue or
  sector under consideration is not specifically
  Aboriginal (eg., children issues) consistent
  with accords signed with five NAOs at Policy
  Retreat
• Need for shared knowledge (common understanding)
  on facts, figures and analysis research agenda
  and need for shared values and objectives
• Coherent policies and programs across the
  government while respecting the particularities
  of each departments mandate and culture
• In consideration of differences amongst provinces
  and amongst Aboriginal groups, the challenge of
  developing and implementing federal Aboriginal
  initiatives that are both coherent and flexible
  becomes evident

25
Next Steps

• June 27, 2005 - Ministerial Meeting (to confirm
  FMM agenda
• before AFN Assembly in July 2005 and Council of
  Federation
• meeting in August 2005)
• November 2005 - Fiscal update by Minister of
  Finance
• November 2005 - First Ministers Meeting on
  Aboriginal issues
• (Agenda to focus on intergovernmental dimensions
  of
• relationship, life-long-learning and housing)