Dealing with the stump and the boulder

Indian Act reform now clearly a priority

By Senator Patrick Brazeau

The recent Crown-First Nations gathering in Ottawa was an exercise in contrast and polarity. Contrast between a Prime Minister and a National Chief determined to move forward while some Chiefs continue to look backward; shifts in polarity between thankfulness for such a meeting and recognition in the value of real collaboration, versus cynicism and distrust and a dark spirit of negativity tacitly tinged with threats of unrest.

It's clear in hindsight that despite the consistencies in the challenges that lay before us, there are competing factions among the Chiefs as to the best way forward (or backwards, in the minds of some).

Yet I'm left with a feeling of hope for the future. Dialogue and debate such as that fostered through the Crown-First Nations gathering can be nothing but healthy. Exchanges in point of view, and yes, even agreement to disagree in certain instances, can still be seen as productive. But to be so the end game must be rooted in a determination to share progress in achieving the agenda.

What of such an agenda? Was there a clear agenda for Canada and First Nations to pursue at the end of the Crown-First Nations gathering? Absolutely.

There are five fundamental elements for us to jointly pursue. These include: renewing the relationship; removing barriers to First Nations governance; advancing claims resolution and treaty implementation; education reform; and, capitalizing on education reform.

Such an agenda can and should frame all that we do, and form the basis for ongoing performance measurement. Reporting on progress has been agreed to and we can expect an update on progress by this time next year.

Of all of the measures outlined, I consider none to be more important than dealing with the reform of the Indian Act. Prime Minister likened it to a tree with deep roots whose stump, if blown up, would just leave a big hole.

Similarly, National Chief Atleo termed it a boulder in the road, an impediment to progress. Regardless of which metaphor you might choose to use, the Prime Minister and the National Chief appear to agree – until the Indian Act is dealt with by whatever means at our collective disposal there cannot be the creation of conditions for sustainable success in First Nations.

Fundamental to any Indian Act change is a complete streamlining and re-engineering of Aboriginal Affairs and Northern Development, as well. While this element is in the larger sense, the fundamental renewal of the relationship, Indian Act reform in even incremental fashion is the catalyst to making this happen.

Improved provisions for both accountability and responsibility on both sides of the equation are critical elements if any progress is to be achieved. Absolutely paramount to this is ensuring that grassroots First Nations peoples are granted what they most richly deserve – Chiefs and Band Councils that are accountable first and foremost to the voters in First Nations, rather than to the Minister of Aboriginal affairs as they currently are under the provisions of the Indian Act.

If the recent gathering in Ottawa proved one thing it is that the majority of the Chiefs are nothing but sincere in their desire for real, significant, sustainable, moral and tangible improvements in their governance structures. They need to be so that their citizens can reap the full benefits of their place in the Canadian federation.

I was equally encouraged by the call for inclusions of the provinces in such discussions. After all, prosperity and the right to have full access to it should not be hamstrung by jurisdiction.

The coming weeks and months will show the extent to which we can be progressive by truly working together. The voices calling for change were surely heard in Ottawa this week. So too were the voices of the past echoing the same old grievances that together we have been earnestly seeking to overcome for the past six years.

I believe the future is rooted in this chorus of calls for real change; the songs of the past have become discordant. Like the Indian Act itself they represent nothing more now than a stump or a boulder creating an impasse on the road to recovery for First Nations peoples everywhere.

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