Summary Of The Royal Commission On Aboriginal People

Assessing the Royal Commission on Aboriginal People

The Royal Commission on Aboriginal People was established in 1991 as a response to the Oka Crisis and the numerous social and political concerns surrounding the Canadian natives. The mandate of this commission was ambitious and required its representatives to focus on the various aspects of Aboriginal life, their relationship with the government, and the non-aboriginal population, historically and presently (Volume 5, Appendix C). To accomplish this task, the commissioners focused on four key areas of research “governance; land and economy; social and cultural issues; and the North” (Volume 5, Appendix). Their research approach included visiting Aboriginal communities in order to understand

their perspective on pressing issues. The commissioners also held consultations with various scholars and experts, as well as public hearings in order to obtain the opinion of all Canadians.

Ultimately the commission heard over 2000 testimonies and guided 350 research projects nationwide (Volume 5, Appendix C). The report was published in 1993 with the clear goal of “renewing the relationship between the Aboriginal and non Aboriginal peoples of Canada”. The commission was divided into five volumes; Looking Forward, Looking Back, Restructuring the Relationship, Gathering Strength, Perspectives and Realities, and Renewal: A Twenty-Year Commitment. Within each section, the commissioners proposed several recommendations that would help alleviate the tensions currently existing between the government and the Aboriginal Nations. What follows is a discussion of the most notable issues and recommendations presented within the commission which include the restructuring of the relationship between the Canadian government and Aboriginal communities, strengthening self governance, and supporting the social and economic development of Aboriginal communities by addressing issues of health, education, and family. Further, this paper will explore the relevance of the recommendations in the present political climate, as well as the challenges this commission has

faced in the past and continues to encounter in the present.
The first volume of the commission focuses on a historical review of the relationship between Aboriginal nations and the Government. This section presents the transgressions inflicted upon the Aboriginal peoples by government initiatives such as the implementation of residential schools, the relocation of Aboriginal communities, and the creation of the Indian Act. The commission urges the government to take responsibility for the wrongdoings of the past and issue an apology to the affected parties in order to build a foundation for a relationship built on trust and mutual respect. This volume also discusses the two most important pieces of legislation for Aboriginal Affairs: the Royal Proclamation of 1763 and the Indian Act of 1876. The first of these documents was created to present a framework of rules for the purchase of Aboriginal land, as well as designating land to Aboriginals and giving them the right to govern over it. The Indian Act followed a similar discourse in attempting to consolidate differences between Aboriginal and other Canadians by indicating the process for obtaining Aboriginal land. However this act has failed to recognize several tribes and nations, rather grouping Aboriginals into “bands” which exclude several nations from constitutional protection (Volume 1, Part Two, Chapter 9). The commissioners characterize the Act to be paternalistic and fail to recognize Aboriginal autonomy. The second volume of this commission discusses the steps necessary for the success of renewed relationships, including honouring treaties, moving towards aboriginal self governance, and redistributing lands and resources amongst Aboriginal nations. Treaties are especially an important aspect of Aboriginal governance and their relationship to the Crown. Aboriginals define treaties as promises that are significant and should be honoured throughout time and space. The current Constitution affirms that treaty rights should be recognized within Canada (Volume 2, Chapter 2). It recommends a renewal process for historical treaties that have been disregarded by the government. One of the assumptions made under these treaties, is that Aboriginals did not willingly give up their lands nor did they agree to give up their right to self govern. The commission recommends that the government implement the treaties in light of their “original spirit and intent” despite whether this is explicitly divulged in the written document. (Volume 2, Appendix A).
Recognizing the call for self governance by Aboriginal nations is one of the most important issues indentified in this report.

The commission determines that Aboriginal governments currently lack legitimacy, power, and resources and that these conditions must be alleviated to ensure that self determination is possible (Vol 2, Chapter 3). Thus, Aboriginal governments must be able to create their own institutions and have access to natural resources on their reclaimed lands. In order to be self determinant an Aboriginal nation must be of a fair size and be clustered in a specified territory. The entrenchment of this into the Constitution is necessary in order for the jurisdiction of Aboriginal communities to be specified as it is for Provinces and the Federal government. The commission recommends that the government facilitate this transition into Aboriginal self governance by officially recognizing them within the Canadian Federation. The success of Aboriginal self determination is also dependent on the development of sustainable Aboriginal economies. Historically, the Aboriginal nations gathered most of their economic means by harvesting natural resources thus regaining ownership of these resources will ultimately result in successful development (Volume 2, Chapter 5). Moreover, the commissioners emphasise the importance of training and education in order to ensure that Aboriginal communities have the human capital necessary to grow and create prosperous enterprises.

Fulfilling these recommendations will be costly given the various changes that need to be made. In order for Aboriginal self government to succeed the commissioners propose that Aboriginal governments use the resources available on the land they would be given as well as implement a taxation system. This would mean that individuals living within Aboriginal jurisdiction would pay taxes to Aboriginal governments as opposed to Provincial or Federal governments. Aboriginals living outside of these jurisdictions would still be required to pay taxes to their corresponding government. Moreover, the commission suggests that although Aboriginal communities should have their own source funding, they will require transfer payments in order to develop. Hence, Aboriginal governments with fewer resources should receive equalization payments just as those received by provinces. There is also merit in the recommendation that social assistance be allocated to supporting “employment and other social services” (Volume 2, Summary of Recommendations). Volume Three of this commission focuses on the importance of addressing social, cultural, educational, and justice issues that Aboriginal communities face. Thus, the federal, provincial, territorial, and Aboriginal governments are called upon to form a collaborative and expeditious solution. The commissioners also indicate the importance of family and ending the prevailing family violence that plagues Aboriginal communities. To solve these problems, commissioners suggest healing services run by Aboriginals that will help alleviate high rates of suicide and violence. Furthermore, this chapter makes note of the need to restructure mainstream institutions to serve the needs of Aboriginals. Primarily they indicate the need to create a holistic approach to health in which Aboriginal members will have primary control. Education is also outlined as an important aspect in need of restructuring due to high youth dropout rates that are putting into question the future of these communities. The commission calls for educational institutions that approach education with a cultural framework in mind in order to fulfill the needs of Aboriginal students. Ultimately the commission suggests an emergence of Aboriginal controlled education systems in which these individual must succeed. Lastly, the commission outlines the government’s responsibility to provide Aboriginal communities with adequate housing and basic resources such as adequate food and water.
The fourth volume of this commission focuses on the different perspectives of members of different Aboriginal nations throughout Canada including women, youth, elders, Métis, the populations of the North, and Urban centers. Majority of the issues faced by these different groups arise as a need for recognition and legitimacy both within and outside of their communities. One of the most notable recommendations was the need to give access to urban aboriginal populations which will not be within the jurisdictional boundaries of Aboriginal governance, access to Aboriginal resources, in order for them to maintain contact with their culture and access equal benefits. Lastly, the final volume of the commission centers on a clear plan for the twenty years following its publication in order to achieve the goals stated within. The report includes an estimated budget for the several recommendations made within this commission and concludes that the long term economic benefits will outweigh the immediate costs. There are various limitations that have impeded the successful implementation of the recommendations within this report. Cost is one of the barriers for implementation given that the political and economic restructuring of Aboriginal communities will be an added expense for the government. Since its publication of this report Canada has experienced an economic recession which left the country in precarious economic conditions. Thus, issues of enterprise and employment became primary concerns on the legislative agenda and Aboriginal expenses were de-prioritized. Thus, the commissioners overestimate the ability of the government to fund these changes without running a deficit. Canadian institutions such as the constitution, existing legislation such as the Indian Act, and Federalism are also barriers to change. Constitutional change in Canada is a difficult and often incurs only after a court judgement has been made that forces legislative changes. Thus, documents such as the Indian Act continue to prevail despite its regressive and paternalistic nature. Moreover, the commission calls for all levels of government to work together in order to address the current issues and solutions. However, due to the constitutional jurisdictional divisions, the Aboriginal communities are under the mandate of the Federal government and thus may be often seen as a Federal issue and not within Provincial/Territorial concerns. The issues and conclusions addressed by this commission continue to be of vast importance today. Unfortunately, since the publication of the commission, Canada has made little progress to become a just and equitable nation in regards to its Aboriginal communities. Aboriginal peoples continue to be plagued by terrible living conditions. Earlier this year the United Nations published a report denouncing the devastating circumstances under which Aboriginals live within Canada and the tensions that exist between Aboriginal nations and the Canadian government (Campion-Smith, 2014). The current government took a step forward by recognizing the abuse suffered by Aboriginals within residential schools and accepted culpability by apologizing (Walkom, 2013). However, Aboriginal self governance seems to be the least of the items on the government’s policy agenda and their efforts to address issues have excluded Aboriginal leadership which fail to adhere to “renewing the relationship” between the two nations which is the ultimate objective of this commission (Walkom, 2013).