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Report recommends change

Article Origin

Author

Birchbark Staff

Volume

1

Issue

6

Year

2002

Page 2

Suggested changes to Canada's Access to Information Act may not only protect to First Nations' burial sites and other sacred information, but may also make past confidential government documents accessible by First Nations.

The Selected Concerns of Aboriginal People report recommends protecting records that may contain information about burial sites, and other sites of historical value that are traditionally considered confidential by Aboriginal people.

The report also suggests that out of respect for the special relationship between First Nations and the Crown, there may be additional requirements of disclosure in regards to previously classified documents-documents that may contain pertinent information in relation to Aboriginal rights.

"In other words, while all citizens have the right of access set out in the act, Aboriginal peoples may have additional rights of access" the reports states.

The report suggests statutory or administrative amendments that would allow release of confidential census information to Aboriginal people; waive exemptions in law that prevent disclosure of federal information of value in settling Native land claims, disputes or grievances; and enhance informal access to federal records related to Native land claims.

In 1998, the Australian Law Reform Commission recommended similar changes to Australia's national laws to protect information considered confidential to Aboriginal traditions.