Tentative agreement reaches

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Native leaders walked away from last week's constitutional talks with a tentative deal on the recognition of the inherent right to self-government.

The agreement, which has enough support from the premiers to be accepted into the constitution, makes the inherent right legally enforceable on condition no court action is taken for three years.

Assembly of First Nations Chief Ovide Mercredi called the deal a "good agreement" and said it represented a fair compromise to take back to the chiefs.

"We still want the opinion of the chiefs before we concur," he told reporters during the latest round of constitutional negotiations. "This is a good agreement, a good way of showing flexibility and that's necessary if we are going to achieve a good package."

Metis leader Yvon Dumont, who proposed the compromise, said the deal cleared "one of the biggest hurdles" in the way of Native self-government.

Constitutional Affairs Minister Joe Clark said the agreement means the inherent right exists and "is not conditional." But he also said the first step toward realizing Native rights must be negotiation instead of court action.

"This doesn't close the discussion (on all Native issues), but it makes it easier for us to anticipate an accord," he said.

The deal emerged from a week of stormy meetings with angry Native leaders accusing the federal and provincial governments of double-dealing after they reflected a series of Native proposals.

The proposals included a role for Natives in Supreme Court appointments, a guaranteed number of seats in Parliament and a secure seat at future first minister's conferences.

Their rejection prompted Native Council of Canada president Ron George to say at the time he wished he'd followed through on earlier threats to leave the process. Mercer said the move made a mockery of self-government negotiations and threatened to mobilize public opinion against any new constitutional deal.

By the end of the week the rift appeared to be closing. Native council and Inuit representatives, while not giving final approval, said they were leaving the talks with a new sense of "optimism."

Even though the deal includes a deal on court action, which was rejected when it was proposed in Ottawa's first package, Mercredi said the delay is acceptable on certain conditions. Ottawa must not use the period to amend the Indian Act, the deal must not affect existing treaty rights and court action must be an option to prevent third parties from developing First Nation lands.

Negotiators also reached an agreement that would see Ottawa amend the constitution to guarantee a "just" interpretation Ottawa and the provinces signed with First Nations more than 100 years ago. That could mean Nayive communities will gain control over more land they believe they should have received under the original agreements.

"What we achieved was to have Canada honor the treaties without us having to take them to court, Mercredi said. "Depending on what happens in the next few months or years, maybe my people will be proud to be Canadians."