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Constitutional woes shouldn't erase rights already won

Author

Windspeaker Staff

Volume

10

Issue

7

Year

1992

Page 4

July 15. Mark it on your calendars. That's the deadline Prime Minister Brian Mulroney has set for the provinces to agree to a set of constitutional reform proposals.

If the day passes without a deal, Ottawa is going to pick up the unity ball and run on its own. It will draft its own solution to the country's constitutional woes, which may or may not reflect the past year of negotiations.

The scenario is becoming increasingly likely with the bargaining table deadlock over Senate reform.

That could spell trouble for the First Nations.

Recent reports from Ottawa suggest fears in the government that the current constitutional process is getting out of control. Top bureaucrats and influential politicians are privately saying the package that has evolved over the last year could leave the country with an unmanageable system of government.

Given those feelings, it is quite possible federally drafted proposals would pare back many of the ageements and principles that have achieved varying degrees of support.

If Ottawa is forced to go it alone, there's no telling what will be put forward on the Native rights front.

Those same news reports suggest the tentative deal struck last month on self-government could become one area where reductions are made. Members of both levels of government are said to be having second thoughts about the inherent right.

They are quietly suggesting the current deal could force massive increases in government spending, especially if the negotiating process fails and the courts are brought to define self-government.

From the Native politicians point of view, now is the time to strike a constitutional deal. To let it wait much longer threatened to erode gains that have been made.

Senate reform shouldn't be allowed to block over progressive deals that have

come out of the last year of long, hard constitutional negotiations. That could happen if

a compromise is not worked out over the next week or two.

Native people have been overlooked too long by the constitutional process to

have their long-awaited gains shot down by inter-provincial bickering.

Government reports over the last decade have underlined the need for recognizing the inherent right in the constitution.

And it was Manitoba MLA Elijah Harper who played an instrumental role in sinking the Meech Lake accord because it refused to deal with Native rights.

Even today, the current agreement on self-government is simply a recognition of the right and a promise to negotiate within a three-year time frame.

Senate reform, on the other hand, has only recently emerged as a potential deal-breaker. Only four provinces are advocating the position stridently. And the details of reforming the Senate are at least as complicated and controversial as those surrounding self-government.

But some premiers appear prepared to break the entire deal on the back of Senate reform.

If Ottawa is forced into presenting its own set of constitutional proposals, it should not ignore areas where a general consensus exists. This is especially true of the recognition rights.

A deal for Native Canadians has been done. No matter how the debate evolves over the next few weeks, Ottawa should be ready to stick with the commitments it is prepared to make now.