Ten years ago, an armed confrontation between Aboriginal people and the police and army at Oka, Quebec, moved the relationship between Aboriginal and non-Aboriginal Canadians to the forefront. At the time, the Commission issued a Statement on Federal Aboriginal Policy, entitled A New Commitment. This statement called for collaboration in redesigning the relationship between the Aboriginal peoples and Canada and in finding new ways of addressing questions fundamental to our co-existence. It is clear today that while progress has been made in ten years, it has been too little and too slow.

Important steps have been taken. The Royal Commission on Aboriginal Peoples made many concrete proposals for resolving long-standing issues. In response, the federal government issued a Statement of Reconciliation and an Aboriginal Action Plan, Gathering Strength. However, these steps are now several years old; and it is discouraging that many of the Royal Commission's recommendations have yet to be given the consideration they deserve.

Obviously, it will take many years to resolve the most pressing issues, such as land claims. Yes, more land claims agreements have been reached. In 2000, Parliament took an important step by passing legislation to implement the historic Nisga'a Final Agreement, the first comprehensive claim settled in British Columbia. However, overall, the claims process is still slow and fraught with too many twists and turns that give governments an advantage over First Nations seeking recognition of their legitimate rights. The modern claims process, which began in 1973, is now almost three decades old. In some cases, the daughters and sons of the Aboriginal leaders who first sat at the negotiating table are carrying on the fight. Claims are complex, and careful negotiations that ensure fair treatment for all those affected take time. But it is reasonable to expect Canada to bring this long unfinished business to a close before yet another generation of negotiators takes its place at the table.

Resolving Specific Claims

Resolving specific claims -- those dealing with non-fulfilment of treaty obligations or poor administration of Indian interests by the government -- is similarly discouraging. In 1990, the Commission endorsed the idea of an independent claims body to expedite and facilitate the resolution of the hundreds of pending specific claims. Such an entity, the Indian Claims Commission (ICC), was in fact created and has done commendable work.

However, as its members have themselves stated, repeatedly and vociferously, the ICC lacks the statutory mandate or the independence necessary to get the job done. At one point, the ICC Commissioners even submitted their mass resignation in frustration with the government's failure to create a more effective commission. Consultations between the government and Aboriginal leaders on establishing a new claims commission have been going on for years, but at the end of 2000 the matter still seems far from resolved.

Self-government and the Indian Act

Canada, to its credit, recognizes Aboriginal peoples' inherent right to self-government. Aboriginal communities do indeed have more autonomy and self-direction than ever before. And, despite the media focus on cases of poor management or financial waste -- a problem not limited to Aboriginal governments -- Aboriginal communities, by and large, are admirably managing their own affairs in the face of formidable challenges.

Experience shows that self-government regimes established under claims settlements such as the James Bay Agreement enable Aboriginal communities to provide a better life for their citizens. This is happening despite ongoing questions about the federal and Quebec governments' commitment to meet both the spirit and the letter of their obligations. Such concerns were brought to the Commission's attention by the Cree-Naskapi Commission, an independent body that monitors implementation of the self-government provisions of the James Bay Agreement. The Cree-Naskapi Commissioners pointed out that despite repeated recommendations for improving the situation, the federal government has yet to respond adequately to the Commission on issues such as claims implementation, self-government, housing and economic development. The Canadian Human Rights Commission urges the government to fully and fairly address these issues.

The vast majority of Aboriginal communities still operate under the Indian Act. All sides agree that this legislation is archaic and out of step with the realities of modern Aboriginal communities. At the end of the year, the Minister of Indian Affairs announced a major overhaul of the Act. Anyone with even a passing acquaintance with Aboriginal issues will remember similar statements by previous Ministers over the last 25 years, all with no result. Nevertheless, the Commission remains hopeful that this time meaningful and much needed change will occur.

Nunavut

When the new Territory of Nunavut opened its Legislative Assembly in Iqaluit in October 2000, the Chief Commissioner was honoured to participate in the opening ceremonies. The Inuit of the Eastern Arctic, who constitute the majority of the new territory's residents, have embarked on an ambitious exercise in northern government. Although the logistical challenges are real, expectations are high. Nunavut will need the full support of the government and the people of Canada to ensure the success of this bold experiment.

Living Conditions in First Nations

Money and effort have been invested in improving housing and infrastructure in First Nations communities. More communities now have better housing, safe water and hygienic waste disposal systems. There are also some improvements in health and well-being, including a modest increase in life expectancy.

But Aboriginal people, as a group, remain among the most disadvantaged of all Canadians. The life expectancy of First Nations children born today is six and a half years less than their non-Aboriginal peers. They are also especially likely to be affected by Fetal Alcohol Syndrome and Fetal Alcohol Effect -- a preventable disability which results from prenatal alcohol use by mothers. Canada's failure to ensure a full measure of social and economic equality for all its citizens is troubling. The commitment to achieve such equality is far more than a matter of kindly benevolence. It is a question of building a society in which all Canadian citizens enjoy the fundamental dignity and respect that are at the root of human rights both in Canada and internationally.

The Innu people of Labrador received particular attention in 2000. This same group made international news several years ago, when a video showed the suicidal behaviour of some Innu teenagers. Frustrated by their inability to control the situation, the Innu gained the public's attention in 2000 by calling on the federal and provincial governments to take a group of children addicted to gas sniffing into protective care, away from their communities.

In 1993, the Commission investigated the Innu of Labrador. It found that, as a result of special circumstances relating to Newfoundland's entry into Confederation, the Innu have been denied the same level of programs and services available to Aboriginal peoples in other provinces. The Commission recommended then that the federal government register the Innu as Indians under the Indian Act. Such registration would give them access to a much broader system of social and economic support. In late 2000, following the recent crisis, the government announced that the Innu in Labrador will be given the same access to programs and services as other First Nations in Canada.

The plight of Davis Inlet and other communities with similar problems raises serious questions about whether Canada is affording Aboriginal people the rights protected under international law. For example, the Convention on the Rights of the Child provides that governments will undertake "measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation." The International Covenant on Economic, Social and Cultural Rights recognizes "the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions."

Aboriginal People Outside of Reserves

One matter that habitually falls between the cracks is the provision of programs and services -- not to mention opportunities for self-determination -- for Aboriginal people outside of Indian reserves. This is especially true of Métis and non-status Indians, many of whom live in our major urban centres. Although discussions are under way and some commitments have been made, federal and provincial governments have yet to devise a comprehensive approach to dealing with the needs of these groups. This is despite the fact that they now constitute a majority of Aboriginal people in Canada and face particular challenges, including social and economic conditions that can be worse than those on reserves. Discussions have begun with the Métis and non-status Indian organizations, but signs of real progress are still scarce.

The Minister of Indian Affairs announced this Fall that First Nations' election rules would be amended to allow off-reserve band members to vote in elections for band councillors and in referenda held pursuant to the Indian Act. The government here is implementing the Supreme Court of Canada's ruling in the Corbière v. (Canada(Minister of Indian and Northern Affairs)) case. More than 200,000 new voters will now be able to have a say in elections and referenda that may have a significant impact on their lives.

Overall this is a positive development that will strengthen self-government. But as First Nations have pointed out, implementation of the Supreme Court decision will have little practical benefit if First Nation governments are not given sufficient resources to meet the needs of all their citizens.

Compensation for Past Acts of Discrimination

As was noted earlier in relation to the World Conference Against Racism, compensation for past acts of racial discrimination is a critical issue. In Canada, the experience of former students of Aboriginal residential schools, which were funded by the federal government and managed by church organizations, is one example. Both historic research and court decisions show that physical and sexual abuse were common occurrences in the residential school system, along with the systematic deprivation of Aboriginal culture and language. In 1998, the Canadian government expressed its profound regret for the wrongs suffered by Aboriginal peoples in these schools.

But, there are now more than 7,000 pending court claims relating to residential school abuse and several thousand more are predicted. As emphasized by the Law Commission of Canada's recent ground-breaking study of institutional child abuse, there are practical alternatives to litigating each case, a process that often re-victimizes people already scarred by their residential school experience. It is therefore encouraging to report that the Deputy Prime Minister has initiated discussions aimed at achieving a comprehensive and fair resolution of redress claims outside the court system.

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