IAA responds to FMC

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The First Ministers Conference (FMC) on Aboriginal constitutional matters is not a failure, since it did not pass anything that would jeopardize Treaty Indian positions, said Gregg Smith, president of the Indian Association of Alberta (IAA).

Smith was commenting during a telephone interview on March 31, on the result so what some called a failure to reach an agreement on entrenching Aboriginal self-government, at the FMC meeting between Native leaders, the prime minister, Canadian premiers and territorial leaders on March 26 and 27, in Ottawa.

The IAA, which joined forces with the Prairie Treaty Nations Alliance, PTNA, in attempting to gain a seat at the FMC, maintains its position that only a relationship between the federal government and treaty Indian nations, can treaty matters be deal with, said Smith.

"We wouldn't like to see the provinces involved, unless we want their involvement," said Smith.

The PTNA had been offered a one time chance to make a presentation using the one of the federal government FMC seats and also a seat on a rotating basis with the AFN delegation, reported Smith.

These offers fell "far short of what the PTNA require which was full participation during the FMC debate," rather than as an observer with a chance to make one presentation, explained Smith.

"We also did not want to be seen as a supporter of the federal position if we had used their seat," said Smith.

The IAA saw, after looking at the process leading up to the FMC, that no substantial progress was made, said Smith, citing lack of federal leadership at pre-FMC meetings to negotiate an agreement.

"The prime minister tried to make the provincial premiers and the Aboriginal groups look like unreasonable people at the (FMC) tale," said Smith.

The IAA had met with Alberta premier Don Getty prior to the FMC, to remind that premier that there was no Treaty Indian representation at the FMC, reported Smith.

"Alberta supported a bilateral relationship between Treaty Indians and the federal government, with a little twist from the former premier Lougheed's position on this matter. Getty said that Treaty Indians finish their work with the federal government and then talk with the province, if they so wish, at that point. Lougheed was against provincial involvement with Treaty Indians," said Smith.

Smith was wondering what happens to the self-government unit within the Indian Affairs ministry, which had on-going meeting with some individual Indian bands on self-government. Smith believes that this particular unit no longer has any mandate to do what it is doing.

Kerry Kipping of the self-government unit of Indian Affairs, clarified that the self-government unit still has a mandate from the federal government to continue on-going negotiations with interested Indian bands, a process he described, was separate from the constitutional process.

This community negotiation process has at least 5 Alberta Indian bands interested in the government's band negotiations, which are outside the FMC or constitutional process, according to Kipping.

"To my understanding the community negotiation process will continue. That is not going to change." said Kipping. He did clarify that the Office on Aboriginal Constitutional Affairs is no longer in operation, since the last FMC meeting was over.

The IAA will encourage Alberta Indian bands to assert their own forms of self-determination, based on the band's tribal customs and traditions, reported Smith.

Educating Indian people and the general public about the inherency argument and the enforcement of Indian self-government based on Indian customs, is another area the IAA will actively pursue, reported Smith.

Smith stated that the upcoming court case on the Ruperts Land Transfer will have direct bearing on federal obligations to treaty Indian nations. A case Smith described as addressing issues, over and above Treaty rights issues.

Treaty issues still waiting to be resolved include Aboriginal owneship title to land and resources and which the IAA believe, have to be dealt with, said Smith.

"We are not forming a third order of government. Our treaties were signed before the creation of Alberta as a province. The provinces are the third order of government," said Smith.

"Indian self-government could go far beyond the elections of band councils," explained Smith, "Indian band legislation would be looked at, particularly where the provinces have jurisdiction."

The IAA encourages Indian bands to examine the federal-provincial "memorandum of agreements" specifically, on how they impact on reserve economies, said Smith.

"So the federal government does not push off economic programs over to provincial governments," said Smith.