Canada's Aboriginal Policy questioned at United Nations

Compiled by The Canadian staff

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The United Nations Human Rights Committee in Geneva plans to examine representatives of the federal government on Canada's report as of October 18, 2005, on its compliance with its international obligations under the International Covenant on Civil and Political Rights.

One of the main issues to be raised by the Committee will be related to Canadian performance of its human rights obligations regarding Indigenous peoples. In that regard, the Métis National Council (MNC) and KAIROS, a national coalition of Christian churches that works on social justice issues, have made joint representations to the Committee as it prepares to examine the report that Canada submitted to the Committee earlier this year.

A main concern of the MNC relates to provincial failures to recognize, respect and protect Métis rights, including Aboriginal rights that have been expressly recognized by Canadian courts, and rights that have been clearly identified by the Committee in past reports and recommendations to Canada. The international right of self-determination will also be at the forefront of discussion. Canada's policy currently fails to measure up to its obligations under Article 1 of the Covenant on Civil and Political Rights, which states "All peoples have the right of self-determination." The joint submission points to Canada's failure to respect the Covenant as it applies to the Métis people in Canada, one of the "aboriginal peoples of Canada" given express Constitutional recognition in section 35 of the Constitution Act, 1982. Notwithstanding numerous domestic and international legal obligations, Canada has not enacted legislation nor adopted policies that effectively recognize and protect the right of self-determination of the Métis people.

Furthermore, in contravention of these obligations, the federal government continues to assert that Métis land rights have been extinguished, and also insists on the discredited technique of "extinguishment" in treaty negotiations with First Nations. Canada has consistently ignored repeated calls by the UN to abandon it policies of extinguishment, including by the UN Human Rights Committee at its review of Canada in 1999.

The joint MNC-KAIROS submission also addresses the issue of control over natural resources and the fact that Métis are essentially without access to land and resources. "Canada cannot avoid its international obligations by pointing to provincial dereliction", said Clément Chartier, President of the MNC. He added, "Canada is responsible for all of Canada in international law." Métis National Council Minister for International Affairs and President of the Métis Nation of Ontario, Tony Belcourt says, "The provinces are also bound to uphold their obligations under international treaties signed by Canada and they must be brought to task for their outrageous denial of Métis rights and access to lands and resources. In particular, the provinces must be brought to task for either refusing to recognize our Constitutional rights to hunt and fish for food or, in the case of Ontario, breaking solemn agreements they entered into in July, 2004, only to renege on the agreement three months later."

Ed Bianchi, Aboriginal Rights Program Coordinator for KAIROS, will appear before the Human Rights Committee in Geneva on Monday.

Recommended Readings:

Please consult the book 'Toward a Native-Canadian Equal Rights Amendment', ISBN: 1894934040, 2004, concerning a proposed constitutional enactment to affirm aboriginal rights, including Native-Canadian language rights, in relation to a proposed rejuvenated Official Languages Act.