Liberal MP to propose FNGA amendment

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Saskatchewan Liberal Member of Parliament Rick Laliberte says he will propose an amendment to the First Nations governance act (FNGA) after the consultation committee wraps up its cross-country tour and the bill returns to Parliament for second and third reading.

"The amendment is the definition of First Nations," he told Windspeaker on March 10. "And the definition of First Nations that I will be presenting will be to try and represent all the actual nations that do exist in Canada-by name."

The Aboriginal MP is seeking legislated recognition of all Indigenous nations.

"It's about time, you know. We're on the close of the Indigenous decade," he said. "We've had a thorough enough dialogue. Our inherent rights flow from some entity and it's from our nations, I believe. I don't think it flows from one person to the next person. It's more of a collective inherent right, collective as in nation."

One of the Crown's first steps in the colonization process was to depose the governments of the original Indigenous nations that existed in North America prior to the arrival of the Europeans. Chiefs were installed by the Crown and ruled under the authority (and control) of the Indian Act.

Many traditional councils continue to exist. They attempt to keep their traditions and institutions alive with little or no money and no officially recognized authority. Many Native people would say those councils are their legitimate governments. However, Canadian government officials at all levels are instructed not to meet with the traditional leaders because to do so would mean giving them official recognition. Laliberte's amendment would be the first step toward restoring the Indigenous governments to their rightful place.

"I think it'll be just the start. It won't be the one. But at least it will create the dialogue. And if that amendment is not approved it'll create a dialogue, a self-realization by our nations that if our Crown is not recognizing us, at least we should," he said.

Asked when he would present the amendment, he said his staff is still examining the rules of parliament to see how it should be done.

"We're drafting it now. We'll look at the deadlines. But I also have to follow parliamentary rules because I'm not on the standing committee and I'll have to figure out how I can introduce it," he said. "I'll give it first shot probably in the caucus with the leadership and the minister and see through parliamentary procedure how I can introduce such a thing."

He expects to encounter a little resistance in caucus when he makes his proposal.

"It pushes the limit, but if Canada can officially recognize the nations as they are, maybe from here on in, at least, part of that silver lining that [the governance] bill can create is a dialogue amongst us and a challenge amongst our nations," he said. "If this relationship with the Crown is to be finally summarized, it's probably best if all the nations of Canada gather. That way you leave no part of the circle unbroken. So if the Crown wants to engage with the Aboriginal nations of Canada, there's a distinct council that it can look at."

Laliberte has been observing the standing committee hearings on the FNGA in Alberta and in British Columbia. He got a sense that treaty and non-treaty nations were all sending the same essential message.

"It was: if a relationship is to be struck, it's got to be struck on the foundation of the treaties. Fiduciary rights is just giving powers to the Crown to say, 'Hey, take care of me.' But from those rights there was a recognition that it was an interim, in the meantime, until we chart this true relationship," he said. "There was a lot of dirty deeds between then and now, but I think the truer intent should be peaceful, harmonious co-existence."

There's no doubt in the MP's mind that a lot of unfortunate history has to be overcome to come to a lasting agreement between Aboriginal and non-Aboriginal Canadians, but he thinks it can be dne. He has previously proposed that the Indigenous nations of what is now called Canada should have a permanent place in the government of Canada. He has suggested a third, Aboriginal, house of parliament in addition to the Senate and the House of Commons.

"Right from the start the Crown tried to administer the country in the absence of the nations. That's reality. Everybody knows that. Why don't we chart out the appropriate relationship? So maybe the first order of business is our side. Let's gather our nations as a circle of nations and with one voice go knock on the Crown's door and ask for the constitutional change, which could be that third house of parliament. But it's got to be done appropriately, there's protocols," he said. "In a greater context, this whole dialogue or discussion should be a national discussion. I don't think it's only for the Aboriginal people. I think there's certainly a challenge, and a role, and responsibility for us to gather as Aboriginal nations. But at the same time while that is taking place it'll certainly create a dialogue amongst all Canadians about how this is going to fit."

Even if the governance act is passed, the process can still carry on because the proposed act allows two years for First Nations to develop codes they will follow on accountability matters. Rick Laliberte said there's no need to stop the bill. First Nations should just get organized and take charge of the agenda.

"The bill contains a default code that kicks in after two years unless you have self-government, unless you come up with your own codes. But it's not identifying, you know, the Cree code, the Dene code. We have to do that. That's our side of the bargain. We don't expect Nault to do that. Gather your nations. Gather your codes. Come into that circle as sovereign nations tied together with treaty-one country," he said. "Just take on the two-year challenge. That's all it is. Because it'll evaporate by itself after two years."