Constitutional negotiators agree on Native self-government, charter of rights

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Constitutional negotiators for Native and non-Native governments have agreed that self-government will be subject to the charter of rights.

But the deal, reached at the latest round of talks in Vancouver, also guarantees Native governments will have the same rights as provincial and federal governments to override the charter.

A new constitution would also contain a clause guaranteeing that the charter would not take away Native rights or violate traditions.

The agreements came on the first day of the three-day meeting between the premiers, the federal government and representatives from national Native groups including the Assembly of First Nations and the Native Council of Canada.

"It was a day of quite remarkable achievement and progress on aboriginal issues," said Constitutional Affairs Minister Joe Clark.

Charter application has been a contentious issue in talks over the constitutional entrenchment of self-government rights in the constitution.

Native organizations like the Assembly of First Nations have argued against subjecting self-government to the charter because it could set limits on the power of Native communities. But groups like the Native Women's Association of Canada have argued the charter is essential if Native women are to be equally represented in future political arrangements.

Bud Wildman, Ontario's Native affairs minister, said the governments also agreed to a constitutional amendment that negotiated at the community level.

Although the commitment to negotiate would be entrenched, the actual process would be set out in a different agreement, he said.

Jim Horseman, Alberta's intergovernmental affairs minister, said the final negotiations on self-government could take years.

"We're into a long drawn-out process here," he said. "Nobody should expect by the end of the day that we'll have answers to all these complicated concerns."