Australian Indigenous Law Reporter
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Canada 1996
Canada's Royal Commission on Aboriginal Peoples was established on 26 August, 1991 with a comprehensive mandate:
The Commission of Inquiry should investigate the evolution of the relationship among Aboriginal peoples (Indian, Inuit and M'tis), the Canadian government, and Canadian society as a whole. It should propose specific solutions, rooted in domestic and international experience, to the problems which have plagued those relationships and which confront Aboriginal peoples today. The Commission should examine all issues which it deems to be relevant to any or all of the Aboriginal peoples of Canada.
The Commission met over five years, held 178 days of hearings, visited 96 Aboriginal communities, and commissioned over 1200 specialised studies. The Commissioners were: Rene Dussault, JCA and George Erasmus (Co-Chairs), Paul LAH Chartrand, J Peter Meekison, Viola Robinson, Mary Sillett and Bertha Wilson. A majority of the members were Aboriginal. Its report was presented to the Governor General in Council in October, 1996.
In essence, the report proposes a restructuring of the relationship between the Aboriginal peoples and the non-Aboriginal peoples of Canada.
The entire and lengthy text of the report would repay reading, and most of the discussion and recommendations are relevant to the situation of Indigenous peoples in other countries such as Australia. Space constraints limit the AILR to reproducing only the recommendations in the five volumes of the report. The recommendations from Volumes 1 and 2 were reproduced in (1998) 3(1) AILR. The recommendations from Volumes 3, 4 and 5 are reproduced below.
Copies of the report are available from Canada Communications Group Publishing, Ottawa, Canada
K1A 0S9. It is also available on CD-Rom.
The Commission recommends that
Authority for Child Welfare
3.2.1 The government of Canada acknowledge a fiduciary responsibility to support Aboriginal nations and their communities in restoring Aboriginal families to a state of health and wholeness.
3.2.2 Aboriginal, provincial, territorial and federal governments promptly acknowledge that child welfare is a core area of self-government in which Aboriginal nations can undertake selfstarting initiatives.
3.2.3 Aboriginal, provincial, territorial and federal governments promptly reach agreements on the authority of Aboriginal nations and their communities for child welfare, and its relation to provincial, territorial and federal laws respecting child welfare.
Funding for Welfare Agencies
3.2.4 Block funding be provided to child welfare agencies mandated by Aboriginal governments or communities to facilitate a shift in focus from alternative child care to family support.
Voluntary Agencies
3.2.5 Until community of interest governments are established in urban and non-reserve areas, voluntary agencies endorsed by substantial numbers of Aboriginal people resident in the areas be authorized under provincial or territorial law to act in the field of child welfare
(a) where numbers warrant; and
(b) with levels of funding comparable to those of agencies providing comparable services to the general population and sufficient to meet the service needs of Aboriginal people.
Leadership Stance
3.2.6 Aboriginal leaders take a firm, public stance in support of the right to freedom from violence of all members in the community, but particularly of women, children, elders, persons with disabilities and others who may be vulnerable, as well as in support of a policy of zero tolerance of actions that violate the physical or emotional safety of Aboriginal persons.
Breadth of Representation
3.2.7 Aboriginal governments adopt the principle of including women, youth, elders and persons with disabilities in governing councils and decision-making bodies, the modes of representation and participation of these persons being whatever they find most agreeable.
Participation of Women
3.2.8 The full and equal participation of women be ensured in decision-making bodies responsible for ensuring people's physical and emotional security, including justice committees and boards of directors of healing centres and lodges.
Community Codes of Behaviour
3.2.9 Aboriginal leaders and agencies serving vulnerable people encourage communities, with the full participation of women, to formulate, promote and enforce community codes of behaviour that reflect ethical standards endorsed by the community and that state and reinforce the responsibility of all citizens to create and maintain safe communities and neighbourhoods.
Core Area of Self-Government
3.2.10 Federal, provincial and territorial governments promptly acknowledge that the field of family law is generally a core area of Aboriginal self-governing jurisdiction, in which Aboriginal nations can undertake self-starting initiatives without prior federal, provincial or territorial agreements.
Validity of Customary Law
3.2.11 Federal, provincial and territorial governments acknowledge the validity of Aboriginal customary law in areas of family law, such as marriage, divorce, child custody and adoption, and amend their legislation accordingly.
Consultation on Family Law
3.2.12 Aboriginal nations or organizations consult with federal, provincial and territorial governments on areas of family law with a view to
(a) making possible legislative amendments to resolve anomalies in the application of family law to Aboriginal people and to fill current gaps;
(b) working out appropriate mechanisms of transition to Aboriginal control under self-government; and
(c) settling issues of mutual interest on the recognition and enforcement of the decisions of their respective adjudicative bodies.
Family Law Committees
3.2.13 With a view to self-starting initiatives in the family law area or to self-government, Aboriginal nations or communities establish committees, with women as full participants, to study issues such as
(a) the interests of family members in family assets;
(b) the division of family assets on marriage breakdown;
(c) factors to be considered in relation to the best interests of the child, as the principle is applicable to Aboriginal custody and adoption;
(d) rights of inheritance pertaining to wills, estates or intestacy; and
(e) obligations of spousal and child support.
The Commission recommends that
Fundamental Principles
3.3.1 Aboriginal, federal, provincial and territorial governments, in developing policy to support health, acknowledge the common understanding of the determinants of health found in Aboriginal tradition and health sciences and endorse the fundamental importance of
Health: A Core Area of Self-Government
3.3.2 Governments recognize that the health of a people is a matter of vital concern to its life, welfare, identity and culture and is therefore a core area for the exercise of self-government by Aboriginal nations.
Action to Agree on Jurisdiction and Service Delivery
3.3.3 Governments act promptly to
(a) conclude agreements recognizing their respective jurisdictions in areas touching directly on Aboriginal health;
(b) agree on appropriate arrangements for funding health services under Aboriginal jurisdiction; and
(c) establish a framework, until institutions of Aboriginal self-government exist, whereby agencies mandated by Aboriginal governments or identified by Aboriginal organisations or communities can deliver health and social services under provincial or territorial jurisdiction.
Health Effects on Policy
3.3.4 Governments, in formulating policy in social, economic or political spheres, give foremost consideration to the impact of such policies on the physical, emotional and spiritual health of Aboriginal citizens, and on their capacity to participate in the life of their communities and Canadian society as a whole.
Four-Part Strategy
3.3.5 Governments and organizations collaborate in carrying out a comprehensive action plan on Aboriginal health and social conditions, consisting of the following components:
(a) development of a system of Aboriginal healing centres and healing lodges under Aboriginal control as the prime units of holistic and culture-based health and wellness services;
(b) development of Aboriginal human resources compatible with the new system, its values and assumptions;
(c) full and active support of mainstream health and social service authorities and providers in meeting the health and healing goals of Aboriginal people; and
(d) implementation of an Aboriginal community infrastructure development program to address the most immediate health threats in Aboriginal communities, including the provision of clean water, basic sanitation facilities, and safe housing.
Healing Centres and Lodges
3.3.6 Federal, provincial and territorial governments collaborate with Aboriginal nations, organizations or communities, as appropriate, to
(a) develop a system of healing centres to provide direct services, referral and access to specialist services;
(b) develop a network of healing lodges to provide residential services oriented to family and community healing;
(c) develop and operate healing centres and lodges under Aboriginal control;
(d) mandate healing centres and lodges to provide integrated health and social services in culturally appropriate forms; and
(e) make the service network available to First Nations, Inuit and M'tis communities, in rural and urban settings, on an equitable basis.
Laws, Regulations and Funding to Support Integrated Services
3.3.7 Federal, provincial and territorial governments collaborate with Aboriginal nations, regional Aboriginal service agencies, community governments and Aboriginal organizations, as appropriate, to adapt legislation, regulations and funding to promote
(a) integrated service delivery that transcends restricted service mandates of separate ministries and departments;
(b) collaboration and shared effort between federal, provincial/territorial and local governments; and
(c) the pooling of resources flowing from federal, provincial, territorial, municipal or Aboriginal sources.
Transform Current Services
3.3.8 Aboriginal organizations, regional planning and administrative bodies and community governments currently administering health and social services transform current programs and services into more holistic delivery systems that integrate or coordinate separate services.
Planning and Needs Assessment
3.3.9 Federal, provincial and territorial governments, in consultation with Aboriginal nations and urban communities of interest, co-operate to establish procedures and funding to support needs assessment and planning initiatives by M'tis and other Aboriginal collectivities, in rural and urban settings, to
(a) form interim planning groups for rural settlements with a minimum of 250 Aboriginal residents, or catchment areas, whether urban or rural, with a minimum of 1,000 residents;
(b) compile an inventory of existing services, organizations and networks directed to meet Aboriginal needs, from which to build on existing strengths and ensure continuity of effort; and
(c) prepare plans to develop, operate and house healing centres, considering the goal of equitable access by Aboriginal people wherever they reside, the historical pattern of distinct M'tis and treaty nation development in the prairie provinces, the availability and adaptability of municipal and provincial services, and the cost and efficiency of services.
Regional Healing Lodges
3.3.10 Aboriginal, federal, provincial and territorial governments, as appropriate, collaborate on regional initiatives to develop healing lodges providing residential services oriented to family and community healing, with priority being given to:
(a) needs assessment and planning that reflect regional Aboriginal initiative and responsiveness to the diversity of cultures and communities;
(b) services broadly inclusive of all Aboriginal people resident in a region or associated with the nations of the region;
(c) institutions that collaborate with and complement other Aboriginal institutions and services, particularly healing centres delivering integrated health and social services; and
(d) governance structures consistent with emerging forms of Aboriginal self-government in the region.
Capital and Operating Budgets
3.3.11 Aboriginal, federal, provincial and territorial governments incorporate in funding agreements plans for capital development and operating costs of a network of healing lodges.
Regional Planning Bodies
3.3.12 Federal, provincial and territorial governments, and Aboriginal governments and organizations, support the assumption of responsibility for planning health and social services by regional Aboriginal agencies and councils where these now operate, and the formation of regional Aboriginal planning bodies in new areas, to promote
(a) equitable access to appropriate services by all Aboriginal people;
(b) strategic deployment of regional resources; and
(c) co-operative effort between Aboriginal communities and communities of interest, consistent with the emergence of nation governments and confederacies.
Canada-Wide Human Resources Strategy
3.3.13 The government of Canada provide funds to the national Aboriginal organizations, including national Aboriginal women's organizations, to permit them to prepare a comprehensive human resources development strategy in health and social services that
(a) facilitates and draws upon regional initiatives, integrates information from diverse sources, and is structured to incorporate regular updating;
(b) builds an inventory of Aboriginal human resources currently available in health and social services, identifying where, in what field and at what level Aboriginal personnel are currently practising;
(c) assesses current and future Aboriginal human resources needs and identifies the actions needed on the part of governments, educational institutions and others to address these needs;
(d) assesses requirements for direct service personnel as well as for planners, researchers and administrators;
(e) collates an inventory and available evaluative data on training and education options;
(f) explores recruitment, training and retention issues;
(g) examines the personal and professional supports required to encourage Aboriginal professionals to practise in Aboriginal communities;
(h) develops proposals for a system to monitor the status of Aboriginal human resources; and
(i) develops an analysis of how, to the maximum extent possible, Aboriginal human resources development can be brought under Aboriginal control.
Commitment to Training 10,000 Professionals
3.3.14 Federal, provincial and territorial governments commit themselves to providing the necessary funding, consistent with their jurisdictional responsibilities,
(a) to implement a coordinated and comprehensive human resources development strategy;
(b) to train 10,000 Aboriginal professionals over a 10-year period in health and social services, including medicine, nursing, mental health, psychology, social work, dentistry, nutrition, addictions, gerontology, public health, community development, planning, health administration, and other priority areas identified by Aboriginal people,
(c) to support program development in educational institutions providing professional training, with preference given to Aboriginal institutions; and
(d) to ensure that student support through post-secondary educational assistance scholarships, paid leave and other means is adequate to achieve the target.
Adaptation of Current Programs
3.3.15 Federal, provincial and territorial governments and national Aboriginal organisations, including Aboriginal women's organisations, explore how training approaches and personnel complements of current health and social services, including the community health representatives and drug and alcohol abuse programs, can contribute to a more comprehensive, holistic and integrated system of services while helping to maintain continuity and adequacy of Aboriginal community services.
Increase Number of Graduates
3.3.16 Post-secondary educational institutions providing programs of study leading to professional certification in health or social services collaborate with Aboriginal organisations to examines how they can
(a) increase the number of Aboriginal students participating in and graduating from their programs;
(b) provide support for students to promote completion of programs;
(c) develop or expand specialized programs; and
(d) modify the curriculum of programs leading to certification so as to increase the cultural appropriateness and effectiveness of training provided to Aboriginal and non-Aboriginal students who will be providing services to Aboriginal people.
Continuing Professional Education
3.3.17 Post-secondary educational institutions and professional associations collaborate with Aboriginal organisations to ensure that professionals already in the field have access to programs of continuing professional education that emphasize cultural issues associated with the provision of health and social services.
Recognize Aboriginal Knowledge
3.3.18 Post-secondary educational institutions involved in the training of health and social services professionals, and professional associations involved in regulating and licensing these professions, collaborate with Aboriginal organizations and governments to develop a more effective approach to training and licensing that recognizes the importance and legitimacy of Aboriginal knowledge and experience.
AUCG and CAUT Provide Leadership
3.3.19 The Association of Universities and Colleges of Canada and the Canadian Association of University Teachers encourage their members to implement the Commission's recommendations with respect to professional training of Aboriginal people for health and social services, and that these organizations provide leadership to help ensure that the recommendations are implemented.
Support for Community Participation
3.3.20 Federal, provincial and territorial governments, in collaboration with Aboriginal organizations and governments, allocate funds to support Aboriginal community participation in planning, program development, training, and promoting community awareness in relation to human resources development in health and social services.
Protect and Extend Traditional Healing
3.3.21 Governments, health authorities and traditional practitioners co-operate to protect and extend the practices of traditional healing and explore their application to contemporary Aboriginal health and healing problems.
Dialogue Between Aboriginal and Bio-Medical Practitioners
3.3.22 Aboriginal traditional healers and biomedical practitioners strive actively to enhance mutual respect through dialogue and that they explore areas of possible sharing and collaboration.
Educational Institutions Respect Traditional Practices
3.3.23 Non-Aboriginal educational institutions and professional associations involved in the health and social services fields sensitize practitioners to the existence of traditional medicine and healing practices, the possibilities for co-operation and collaboration, and the importance of recognizing, affirming and respecting traditional practices and practitioners.
Action Plans of Mainstream Institutions and Voluntary Organisations
3.3.24 Non-Aboriginal service agencies and institutions involved in the delivery of health or social services to Aboriginal people, and professional associations, unions, and other organizations in a position to influence the delivery of health or social services to Aboriginal people
(a) undertake a systematic examination to determine how they can encourage and support the development of Aboriginal health and social service systems, and improve the appropriateness and effectiveness of mainstream services to Aboriginal people;
(b) engage representatives of Aboriginal communities and organizations in conducting such an examination;
(c) make public an action plan appropriate to the institution or organization involved, outlining measurable objectives and a timetable for achieving them; and
(d) establish means to monitor and evaluate implementation of the plan by the institution or organization itself and by Aboriginal representatives.
Enforcement of Service Standards
3.3.25 Governments responsible for funding and professional bodies responsible for accrediting non-Aboriginal institutions and agencies engaged in the delivery of Aboriginal health and social services
(a) establish as a criterion for continuing funding and accreditation the preparation and implementation of goals and standards for services to Aboriginal people; and
(b) require that Aboriginal people, communities and nations affected by such services be fully involved in the development, implementation and evaluation of such goals and standards of practice.
The Commission recommends that
Commitment to Adequate Housing
3.4.1 Federal and provincial governments address Aboriginal and community services on the basis of the following policy principles:
(a) Governments have an obligation to ensure that Aboriginal people have adequate shelter, water and sanitation services.
(b) Governments have a responsibility to restore an economic base to Aboriginal people that enables them to meet their needs.
(c) Aboriginal people, individually and collectively, are responsible for meeting their housing needs according to their ability to pay or contribute in kind.
(d) Governments must supplement the resources available to Aboriginal people so that their housing needs are fully met.
(e) Aboriginal nations should assume authority over all housing matters as a core area of self-government jurisdiction.
(f) Acute risks to health and safety should be treated as an emergency and targeted for immediate action.
3.4.2 The government of Canada clarify with treaty nations a modern understanding of existing treaty terms regarding housing.
3.4.3 The government of Canada make resources available over the next 10 years to ensure that housing for Aboriginal people on reserve is fully adequate in quantity and quality and engage the governments of the provinces and territories to reach the same goal in rural and northern communities and in urban areas.
Water and Sewage Systems
3.4.4 The government of Canada provide additional resources for construction, upgrading and operation of water and sewage systems to ensure that adequate facilities and operating systems are in place in all First Nations communities within five years.
3.4.5 The government of Canada provide funding and technical support to First Nations governments to operate and maintain community water and sewer systems and to establish technical support institutions as required.
Housing in First Nations Communities
3.4.6 The government of Canada and First Nations governments and people undertake to meet the need of First Nations people for adequate housing within 10 years.
3.4.7 The government of Canada complement the resources supplied by First Nations people in a two-to-one ratio or as necessary to achieve adequate housing in 10 years by
3.4.8 First Nations governments and people make every effort to marshall more resources for housing and community services, through financial contributions from residents in the form of maintenance fees, rents or mortgage payments, and contributions in kind, such as sweat equity and local materials.
3.4.9 First Nations governments assume jurisdiction over housing at the earliest opportunity, enact clear laws regarding housing tenure, and pursue authority to adjust other programs such as social assistance with a view to marshalling more resources for housing.
3.4.10 First Nations governments develop institutions at the nation level or through inter-nation agreements to administer housing and tenure regimes and deliver housing programs with financial and technical support from the government of Canada.
3.4.11 The government of Canada support the efforts of First Nations communities to develop and implement their own tenure systems and housing programs, innovative uses of social assistance to stimulate contributions to housing, and institutions above the community level.
Housing in Non-Reserve Communities
3.4.12 The government of Canada and the governments of the provinces and territories undertake to meet fully, in co-operation with Aboriginal people and within 10 years, the need for adequate housing of Aboriginal people not living on reserves.
3.4.13 Aboriginal people not living on reserves make every effort to marshall more resources for housing in a variety of ways, through contributions in kind, use of local materials, and effective housing organizations.
3.4.14 The government of Canada engage the provincial and territorial governments in a strategy to meet the housing needs of Aboriginal people living in non-reserve communities by
Economic Development
3.4.15 The government of Canada help Aboriginal people exploit the economic development opportunities arising from an increase in construction, repair and maintenance of dwellings for Aboriginal people
The Commission recommends that
Education and Self-Government
3.5.1 Federal, provincial and territorial governments act promptly to acknowledge that education is a core area for the exercise of Aboriginal self-government.
Transitional Control of Education
3.5.2 Federal, provincial and territorial governments collaborate with Aboriginal governments, organizations or education authorities, as appropriate, to support the development of Aboriginally controlled education systems by
(a) introducing, adapting or ensuring the flexible application of legislation to facilitate self-starting initiatives by Aboriginal nations and their communities in the field of education;
(b) mandating voluntary organizations that are endorsed by substantial numbers of Aboriginal people to act in the field of education in urban and non-reserve areas where numbers warrant until such time as Aboriginal governments are established; and
(c) providing funding commensurate with the responsibilities assumed by Aboriginal nations and their communities, or voluntary organizations, given the requirements of institutional and program development, costs of serving small or dispersed communities, and special needs accruing from past failures of education services.
Early Childhood Education Support
3.5.3 Federal, provincial, and territorial governments co-operate to support an integrated early childhood education funding strategy that
(a) extends early childhood education services to all Aboriginal children regardless of residence;
(b) encourages programs that foster the physical, social, intellectual and spiritual development of children, reducing distinctions between child care, prevention and education;
(c) maximizes Aboriginal control over service design and administration;
(d) offers one-stop accessible funding; and
(e) promotes parental involvement and choice in early childhood education options.
Transfer Between Education Systems
3.5.4 Aboriginal, provincial and territorial governments act promptly to reach agreements for mutual recognition of programs provided by their respective educational institutions so as to facilitate the transfer of students between educational systems while protecting the integrity of cultural dimensions of Aboriginal education.
Curriculum Development
3.5.5 Federal, provincial and territorial governments collaborate with Aboriginal governments, organizations and educators to develop or continue developing innovative curricula that reflect Aboriginal cultures and community realities, for delivery
(a) at all grade levels of elementary and secondary schools;
(b) in schools operating under Aboriginal control; and
(c) in schools under provincial or territorial jurisdiction.
Priority of Aboriginal Language Education
3.5.6 Aboriginal language education be assigned priority in Aboriginal, provincial and territorial education systems to complement and support language preservation efforts in local communities through
(a) first-or second-language instruction or immersion programs where parents desire it and numbers warrant;
(b) recognition of Aboriginal language competence for second language academic credit whether competence is acquired through classroom or out-of-school instruction;
(c) involving elders and fluent Aboriginal speakers in programs to enhance Aboriginal language acquisition and fluency;
(d) developing instructional materials; and
(e) encouraging and rewarding language teaching as a career path and language research in lexical elaborate analysis and cultural contexts as professional and academic specializations.
Involvement in Decision Making
3.5.7 Where Aboriginal children attend Provincial and territorial schools, Provincial and territorial governments take immediate steps to ensure that Aboriginal people are involved fully in the decision-making processes that affect the education of their children. Aboriginal control of education and parental involvement should be implemented through a variety of actions:
(a) legislation to guarantee Aboriginal representation on school boards where population numbers warrant;
(b) recognition of Aboriginally controlled schools under the jurisdiction of Aboriginal community of interest governments;
(c) establishment of Aboriginally governed schools affiliated with school districts, if requested by Aboriginal people; and
(d) creation of Aboriginal advisory committees to school boards.
Involvement in School Activities
3.5.8 All schools serving Aboriginal children adopt policies that welcome the involvement of Aboriginal parents, elders and families in the life of the school, for example, by establishing advisory or parents committees, introducing teaching by elders in the classroom, and involving parents in school activities.
Required School Board Strategy
3.5.9 Provincial and territorial ministries require school boards serving Aboriginal students to implement a comprehensive Aboriginal education strategy, developed with Aboriginal parents, elders and educators, including
(a) goals and objectives to be accomplished during the International Decade of Indigenous Peoples;
(b) hiring of Aboriginal teachers at the elementary and secondary school level, with negotiated target levels, to teach in all areas of school programs, not just Aboriginal programs;
(c) hiring of Aboriginal people in administrative and leadership positions;
(d) hiring of Aboriginal support workers, such as counsellors, community liaison workers, psychologists and speech therapists;
(e) curriculum, in all subject areas, that includes the perspectives, traditions, beliefs and world view of Aboriginal peoples;
(f) involvement of Aboriginal elders in teaching Aboriginal and non-Aboriginal students;
(g) language classes in Aboriginal languages, as determined by the Aboriginal community;
(h) family and community involvement mechanisms;
(i) education programs that combat stereotypes, racism, prejudice and biases;
(j) accountability indicators tied to board or district funding; and
(k) public reports of results by the end of the International Decade of Indigenous Peoples in the year 2004.
Youth Empowerment
3.5.10 Aboriginally controlled, provincial, and territorial schools serving Aboriginal youth develop and implement comprehensive Aboriginal youth empowerment strategies with elements elaborated in collaboration with youth, including
(a) cultural education in classroom and informal settings;
(b) acknowledgement of spiritual, ethical and intuitive dimensions of learning;
(c) education to support critical analysis of Aboriginal experience;
(d) learning as a means of healing from the effects of trauma, abuse and racism;
(e) academic skills development and support;
(f) sports and outdoor education;
(g) leadership development; and
(h) Youth exchanges between Aboriginal nations across Canada and internationally.
Community High School Programs
3.5.11 High school programs be extended to communities using cost-effective options agreed upon by parents and families, including
(a) complete school facilities for local high school delivery;
(b) regional high schools in Aboriginal communities;
(c) culturally appropriated interactive distance education; and
(d) seasonal institutes.
Secondary Study Re-entry
3.5.12 Aboriginal authorities and all provincial and territorial ministries of education fund programs for Aboriginal youth who have left secondary school before graduation to enable them to resume their studies with appropriate curriculum, scheduling, academic and social support.
Co-op Education
3.5.13 Federal, provincial and territorial governments encourage co-op initiatives by offering funding inducements to secondary schools that develop active co-op education programs for Aboriginal young people.
Expanded Teacher Education Programs
3.5.14 Federal, provincial and territorial governments expand financial support to post-secondary institutions for existing and new Aboriginal teacher education programs, contingent on
(a) evidence of Aboriginal support for the program;
(b) Aboriginal participation in the governance of the program;
(c) the incorporation of Aboriginal content and pedagogy
(d) into the program; and
(e) periodic evaluations that indicate that the quality of teacher education conforms to standards of excellence expected by Aboriginal people.
Aboriginal Secondary School Teachers
3.5.15 Canadian governments, Aboriginal education authorities, post-secondary institutions and teacher education programs adopt multiple strategies to increase substantially the number of Aboriginal secondary school teachers, including
(a) promoting secondary school teaching careers for Aboriginal people;
(b) increasing access to professional training in secondary education, for examples community-based delivery of courses and concurrent programs; and
(c) offering financial incentives to students.
Teacher Education Accessible in Communities
3.5.16 Federal, provincial and territorial governments provide support to increase the number of Aboriginal people trained as teachers by
(a) expanding the number of teacher education programs delivered directly in communities; and
(b) ensuring that students in each province and territory have access to such programs.
Career Paths
3.5.1 7 Teacher education programs, in collaboration with Aboriginal organizations and government agencies that sponsor professional and paraprofessional training, adopt a comprehensive approach to educator training, developing career paths from paraprofessional training to professional certification in education careers that
(a) prepare Aboriginal students for the variety of roles required to operate Aboriginal education systems; and
(b) open opportunities for careers in provincial education systems.
Aboriginal Component in All Teacher Education Programs
3.5.18 Provinces and territories require that teacher education programs
(a) in pre-service training leading to certification include at least one component on teaching Aboriginal subject matter to all students, both Aboriginal and non-Aboriginal;
(b) develop options for pre-service training and professional development of teachers, focused on teaching Aboriginal students and addressing Aboriginal education issues; and
(c) collaborate with Aboriginal organizations or community representatives in developing Aboriginal-specific components of their programs.
Aboriginal Delivery of Integrated Adult Training
3.5.19 Federal, provincial and territorial governments collaborate with Aboriginal governments and organizations to facilitate integrated delivery of adult literacy, basic education, academic upgrading and job training under the control of Aboriginal people through
(a) delegating responsibility for delivery of training under current jurisdictions by concluding agreements with Aboriginal governments, their mandated education authorities, or voluntary organizations representing Aboriginal communities of interest;
(b) supporting adaptation of program design, admission criteria language of instruction, and internal allocation of funds by Aboriginal delivery agents, to accommodate Aboriginal culture and community needs;
(c) acting promptly to conclude agreements for multi-year block funding agreements to enable Aboriginal nation governments, during the transition to self-government, to assume primary responsibility for allocating funds to meet training needs through programs of Aboriginal design.
Treaty Promise of Education
3.5.20 The government of Canada recognize and fulfil its obligation to treaty nations by supporting a full range of education services, including post-secondary education, for members of treaty nations where a promise of education appears in treaty texts, related documents or oral histories of the parties involved.
Federal Support of Post-Secondary Students
3.5.21 The federal government continue to support the costs of post-secondary education for First Nations and Inuit post-secondary students and make additional resources available
(a) to mitigate the impact of increased costs as post-secondary institutions shift to a new policy environment in post-secondary education; and
(b) to meet the anticipated higher level of demand for post-secondary education services.
M'tis and Aboriginal Scholarship Fund
3.5.22 A scholarship fund be established for M'tis and other Aboriginal students who do not have access to financial support for post-secondary education under present policies, with
(a) lead financial support provided by federal and provincial governments and additional contributions from corporate and individual donors;
(b) a planning committee to be established immediately,
(i) composed of M'tis and other Aboriginal representatives, students, and federal and provincial representatives in balanced numbers;
(ii) given a maximum two-year mandate; and
(iii) charged with determining the appropriate vehicle, level of capitalization, program criteria and administrative structure for initiation and administration of the fund; and
(c) provisions for evaluating demand on the fund, its adequacy and its impact on participation and completion rates of M'tis and other Aboriginal students in post-secondary studies.
Aboriginal Languages Equivalent to Modern Languages
3.5.23 Canada's post-secondary institutions recognize Aboriginal languages on a basis equal to other modern languages, for the purpose of granting credits for entrance requirements, fulfilment of second language requirements, and general course credits.
Mainstream Post-Secondary Initiatives
3.5.24 Public post-secondary institutions in the provinces and territories undertake new initiatives or extend current ones to increase the participation, retention and graduation of Aboriginal students by introducing, encouraging or enhancing
(a) a welcoming environment for Aboriginal students;
(b) Aboriginal content and perspectives in course offerings across disciplines;
(c) Aboriginal studies and programs as part of the institution's regular program offerings and included in the institution's core budget;
(d) Aboriginal appointments to boards of governors;
(e) Aboriginal councils to advise the president of the institution;
(f) active recruitment of Aboriginal students;
(g) admission policies that encourage access by Aboriginal applicants;
(h) meeting spaces for Aboriginal students;
(i) Aboriginal student unions;
(j) recruitment of Aboriginal faculty members;
(k) support services with Aboriginal counsellors for academic and personal counselling; and
(l) cross-cultural sensitivity training for faculty and staff.
Residential University Colleges
3.5.25 Where there is Aboriginal support for an Aboriginal college within a university, and where numbers warrant, universities act to establish an Aboriginal college to serve as the focal point for the academic, residential, social and cultural lives of Aboriginal students on campus, and to promote Aboriginal scholarship.
Fund Aboriginal Post-Secondary Institutions
3.5.26 Federal, Provincial and territorial governments collaborate with Aboriginal governments and organizations to establish and support post-secondary educational institutions controlled by Aboriginal people, with negotiated allocation of responsibility for
(a) core and program funding commensurate with the services they are expected to provide and comparable to the funding provided to provincial or territorial institutions delivering similar services;
(b) planning, capital and start-up costs of new colleges and institutes;
(c) improvement of facilities for community learning centres as required for new functions and development of new facilities where numbers warrant and the community establishes this as a priority; and
(d) fulfilment of obligations pursuant to treaties and modern agreements with respect to education.
Regional and National Aboriginal Boards
3.5.27 Aboriginally controlled post-secondary educational institutions collaborate to create regional boards and/or a Canada-wide board to
(a) establish standards for accrediting programs provided by Aboriginal post-secondary institutions;
(b) negotiate mutual recognition of course credits and credentials to facilitate student transfer between Aboriginal institutions and provincial and territorial post-secondary institutions;
(c) establish co-operative working relationships with mainstream accreditation bodies such as the Association of Universities and Colleges of Canada and professional associations such as the Canadian Association of University Teachers; and
(d) pursue other objectives related to the common interests of Aboriginal institutions.
Elders' Role in Education
3.5.28 Elders be reinstated to an active role in the education of Aboriginal children and youth in educational systems under Aboriginal control and in provincial and territorial schools.
Elders' Compensation
3.5.29 Elders be treated as professionals and compensated for their education contribution at a rate and in a manner that shows respect for their expertise, unique knowledge and skills.
Recognize Aboriginal Knowledge
3.5.30 Provincial and territorial education ministries, boards of education and educators recognize the value of elders' knowledge to all peoples' understanding of the universe by
(a) giving academic credits for traditional Aboriginal arts and knowledge whether acquired in the classroom or through non-formal means in cultural activities, camps and apprenticeships; and
(b) collaborating with elders to determine how traditional Aboriginal knowledge can be made accessible in the education of all students, whether Aboriginal or non-Aboriginal, in institutions under Aboriginal, provincial, or territorial control.
Exchanges Among Elders and with Academics
3.5.31 Educational institutions facilitate opportunities for elders to exchange traditional knowledge with one another and to share traditional knowledge with students and scholars, both Aboriginal and non-Aboriginal, in university settings.
Establish Aboriginal Peoples' International University
3.5.32 A university under Aboriginal control, which could be called the Aboriginal Peoples' International University, and with the capacity to function in all provinces and territories, be established to promote traditional knowledge, to pursue applied research in support of Aboriginal self-government, and to disseminate information essential to achieving broad Aboriginal development goals.
Steering Group to Plan APIU
3.5.33 First Nations, Inuit and M'tis leaders in collaboration with the federal government establish a steering group funded by the federal government, with a three-year mandate
(a) to explore options, conduct consultations and prepare a plan to implement an Aboriginal Peoples' International University by the year 2000; and
(b) to collaborate with other working groups in determining the appropriate location of a documentation centre and archives, an electronic information clearinghouse, and statistical data bases.
Electronic Clearinghouse
3.5.34 An electronic clearinghouse be established to facilitate the free flow of information among Aboriginal communities, education and self-government workers and individuals, the planning and development of this clearinghouse to be carried forward by a working group
(a) established in collaboration with First Nations, Inuit and M'tis leaders;
(b) funded by the federal government and given a two-year mandate; and
(c) attentive to the need for Canada-wide and international communication as well as exchange in Aboriginal languages within linguistic communities.
Working Group for Statistical Clearinghouse
3.5.35 First Nations, Inuit and M'tis leaders establish a working group, funded by the federal government, with a two-year mandate to plan a statistical clearinghouse controlled by Aboriginal people to
(a) work in collaboration with Aboriginal governments and organizations to establish and update statistical data bases; and
(b) promote common strategies across nations and communities for collecting and analyzing data relevant to Aboriginal development goals.
Documentation Centre on Residential Schools and Relocations
3.5.36 The federal government fund the establishment of a national documentation centre to research, collect, preserve and disseminate information related to residential schools, relocations and other aspects of Aboriginal historical experience, the planning and development of the centre to be carried forward by a working group
(a) established in collaboration with First Nations, Inuit and M'tis leaders; and
(b) having a two-year mandate.
Education for Self-Government Funding
3.5.37 Federal, provincial and territorial governments establish funding programs to support education for self-government to be available to
(a) public post-secondary institutions that have entered into partnerships with Aboriginal people to initiate or expand training and education in areas identified as priorities by Aboriginal governments, organizations and communities for the implementation of self-government; and
(b) Aboriginally controlled post-secondary institutions for program innovation to enhance capacity for self-government.
Youth Careers Campaign
3.5.38 Aboriginal governments and organizations collaborate to launch a Canada-wide campaign to make youth aware of the opportunities to serve their nations that will open up with the advent of self-government and of the tangible and intangible rewards that accompany public service.
Students Incentives for Self-Government Studies
3.5.39 The federal government make funds available to First Nation and Inuit governments and organizations to support incentives to encourage students to complete bachelor's and master's level studies and professional training in areas of priority to self-government, including such measures as
(a) employee release time for concurrent work and study;
(b) paid leave to pursue full-time study;
(c) scholarships in studies related to self-government;
(d) top-up of educational assistance for family needs, including exceptional housing costs; and
(e) student loans that are forgivable on completion of a period of employment in the service of self-government.
Co-op Placements in Business and Government
3.5.40 Canada's corporations, small businesses and governments become active partners in Aboriginal self-government education by identifying co-op placement and internship opportunities in their organizations, in consultation with Aboriginal people.
Executive Interchange
3.5.41 Canada's corporations and governments at all levels establish executive interchange opportunities in partnership with Aboriginal governments.
Professional Associations Support Aboriginal Training
3.5.42 Professional associations and self-governing bodies in the professions actively support the professional training of Aboriginal people by
(a) entering into dialogue on such issues as credentials, recruitment, mentoring, career paths linking paraprofessional and professional training, education based on Aboriginal culture, systemic discrimination and racism;
(b) establishing scholarships for Aboriginal people;
(c) encouraging their members to gain an understanding of Aboriginal perspectives;
(d) spearheading initiatives to introduce Aboriginal cultural perspectives into professional training programs; and
(e) providing leadership by encouraging implementation of the recommendations in this report that are relevant to their areas of expertise.
Support of Distance Education Models
3.5.43 The federal government, media corporations, provincial and territorial governments and private donors provide funding and/or gifts in kind (for example, access to facilities and technology) to establish a distance education model of professional training suitable for Aboriginal people who wish to pursue post-secondary studies from their communities.
Canada-Wide Aboriginal Human Resources Inventory
3.5.44 The federal government provide funding for national Aboriginal organizations to co-ordinate establishment of a Canada-wide Aboriginal human resources inventory that is amenable to regular updating.
The Commission recommends that
Inventory of Historical and Sacred Sites
3.6.1 Federal, provincial and territorial governments collaborate with Aboriginal organizations and communities to prepare a comprehensive inventory of historical and sacred sites, involving elders as expert advisers, before negotiations on designation of lands in accordance with our recommendations in Volume 2, Chapter 4.
Urgent Protection of Threatened Sites
3.6.2 Federal, provincial and territorial governments review legislation affecting sacred and historical sites to ensure that Aboriginal organizations and communities have access to urgent remedies to prevent or arrest damage to significant heritage sites such as the Mnjikaning Fish Fence, whether they be threatened by human actions or natural processes.
Legislation on Historical Sites and Cultural Artifacts
3.6.3 Federal, provincial and territorial governments in collaboration with Aboriginal organizations review legislation affecting historical and sacred sites and the conservation and display of cultural artifacts to ensure that
(a) Aboriginal interests are recognized in designing, protecting, developing and managing sites significant to Aboriginal culture and heritage and in conserving, repatriating and displaying Aboriginal cultural artifacts;
(b) Aboriginal people are fully involved in planning and managing heritage activities relevant to their cultures; and
(c) Aboriginal people share the economic benefits that may accrue from appropriate development of relevant heritage sites and display of cultural artifacts.
Museums and Cultural Institutions Adopt Ethical Guidelines
3.6.4 Museums and cultural institutions adopt ethical guidelines governing all aspects of collection, disposition, display and interpretation of artifacts related to Aboriginal culture and heritage, including the following:
(a) involving Aboriginal people in drafting, endorsing and implementing the guidelines;
(b) creating inventories of relevant holdings and making such inventories freely accessible to Aboriginal people;
(c) cataloguing and designating appropriate use and display of relevant holdings;
(d) repatriating, on request, objects that are sacred or integral to the history and continuity of particular nations and communities;
(e) returning human remains to the family, community or nation of origin, on request, or consulting with Aboriginal advisers on appropriate disposition, where remains cannot be associated with a particular nation; and
(f) ensuring that Aboriginal people and communities have effective access to cultural education and training opportunities available through museums and cultural institutions.
Access to Cultural Education
3.6.5 Aboriginal, federal, provincial and territorial governments, in collaboration with Aboriginal elders, artists, educators and youth, develop and implement joint strategies to ensure that Aboriginal people have
(a) effective access to cultural and heritage education;
(b) resources to develop facilities for display of cultural artifacts; and
(c) means to participate in exchanges and joint undertakings with museums and cultural institutions.
Heritage Vocations Part of Capacity Building
3.6.6 Aboriginal, federal, provincial and territorial governments include heritage research, conservation and presentation in the list of skills identified as priorities in building the capacity to implement self-government.
Protect Aboriginal Intellectual Property
3.6.7 The federal government, in collaboration with Aboriginal people review its legislation on the protection of intellectual property to ensure that Aboriginal interests and perspectives, in particular collective interests, are adequately protected.
Determining Language Status a Core Power of Self-Government
3.6.8 Federal, provincial and territorial governments recognize promptly that determining Aboriginal language status and use is a core power in Aboriginal self-government, and that these governments affirm and support Aboriginal nations and their communities in using and promoting their languages and declaring them official languages within their nations, territories and communities where they choose to do so.
Nations Implement a Multi-Faceted Language Strategy
3.6.9 Each Aboriginal nation in the various stages of nation building, capacity building, negotiating and implementing self-government consult with its constituent communities to establish priorities and policies with respect to Aboriginal language conservation, revitalization and documentation including
(a) assessing the current state of Aboriginal language use and vitality;
(b) determining priorities of communities for language conservation, revitalization and documentation;
(c) consulting on the most effective means of implementing priorities;
(d) facilitating initiatives to support Aboriginal language use in families and the broader community;
(e) incorporating their Aboriginal language in education policies and programs;
(f) enhancing co-operation among nations and communities of the same language group to promote research curriculum development and language elaboration;
(g) using their Aboriginal language in public forums and Aboriginal government business; and
(h) declaring their Aboriginal language an official language on nation territory.
Endowed Aboriginal Languages Foundation
3.6.10 The federal government make a commitment to endow an Aboriginal Languages Foundation for the purpose of supporting Aboriginal initiatives in the conservation, revitalization and documentation of Aboriginal languages, the foundation to be
(a) capitalized by an annual federal grant of $10 million for five years, beginning in 1997;
(b) eligible to receive charitable contributions, to be matched by the federal government in a ratio of two dollars for each dollar contributed;
(c) established to support language initiatives undertaken or endorsed by Aboriginal nations and their communities;
(d) developed by a federally funded planning body, with a majority of First Nations, Inuit and M'tis representatives and a two-year mandate; and
(e) directed in its operation by a board with a majority of First Nations, Inuit and M'tis members.
Special Status of Aboriginal Language Broadcasting
3.6.11 The government of Canada recognize the special status of Aboriginal language broadcasting explicitly in federal legislation.
CRTC Require Representation of Aboriginal Programming
3.6.12 The Canadian Radio-Television and Telecommunications Commission include in licence conditions for public and commercial broadcasters, in regions with significant Aboriginal population concentrations, requirements for fair representation and distribution of Aboriginal programming, including Aboriginal language requirements.
Access to Aboriginal Media Products
3.6.13 Public and Private media outlets, in particular the Canadian Broadcasting Corporation, provide access to Aboriginal products for Aboriginal and non-Aboriginal Canadians by
(a) purchasing and broadcasting Aboriginal programming from independent Aboriginal producers; and
(b) producing English and French versions of original Aboriginal programs for regional and national redistribution.
Employment Equity in Public and Private Media
3.6.14 Public and private media outlets address the need for training and better representation of Aboriginal people in public communications by developing and implementing employment equity plans.
Freedom of Expression for Aboriginal Media
3.6.15 Governments, including Aboriginal governments, recognize the critical role that independent Aboriginal print and broadcast media have in the pursuit of Aboriginal self-determination and self-government, and that they support freedom of expression through
(a) policies on open access to information; and
(b) dedicated funding at arm's length from political bodies.
Aboriginal Access to Media Training
3.6.16 Colleges and universities with programs in communications, journalism and film co-operate to support access for Aboriginal students by providing transition courses, scholarships and counselling services.
Fees and Joint Ventures to Finance Aboriginal Media Products
3.6.17 The Canadian Radio-Television and Telecommunications Commission be mandated to establish fee structures and provisions for joint ventures as part of licensing conditions to ensure a stable financial base for the production and distribution of Aboriginal media products, particularly in southern Canada.
Core Funding for Incentives for Private Support
3.6.18 Federal, provincial, territorial and Aboriginal governments provide core funding for Aboriginal media that
(a) is accessible to all Aboriginal nations and communities
(b) builds upon existing government programs and Aboriginal media organizations;
(c) results in long-term funding agreements that realistically reflect Aboriginal media requirements and promote self-financing; and
(d) encourages private and corporate support through tax incentives.
Aboriginal Arts Council
3.6.19 Federal, provincial, territorial and Aboriginal governments cooperate to establish and fund an Aboriginal Arts Council, with a minimum 20-year life span and an annual budget equivalent to five per cent of the Canada Council budget, to foster the revitalization and development of Aboriginal arts and literature.
Arts Granting Criteria Relevant to Aboriginal Arts
3.6.20 Governments, public agencies and private organizations that provide support for the visual and performing arts, in co-operation with Aboriginal artists and performers, review all aspects of their programs to ensure that
(a) criteria for grants and awards are relevant to Aboriginal arts and artists; and
(b) Aboriginal people and perspectives are adequately represented on decision-making bodies, juries, advisory committees and staff.
Arts Training and Facilities
3.6.21 Federal, provincial, territorial and Aboriginal governments, in co-operation with Aboriginal artists, writers and performers, support and promote the revitalization and development of Aboriginal literary, visual and performing arts through
(a) support of training programs in schools, cultural institutions and professional associations, and participation of Aboriginal students in professional studies in the arts; and
(b) accommodating requirements for appropriate display and performance of Aboriginal arts in the design of public facilities in Aboriginal communities and the community at large.
The commission recommends that
Participation in Nation Building
4.2.1 The government of Canada provide funding to Aboriginal women's organizational including urban-based groups, to
(a) improve their research capacity and facilitate their participation in all stages of discussion leading to the design and development of self-government processes; and
(b) enable them to participate fully in all aspects of nation building including developing criteria for citizenship and related appeal processes.
Participation in Health Institutions
4.2.2 Aboriginal governments and organisations provide for the full and fair participation of Aboriginal women in the governing bodies of all Aboriginal health and healing institutions.
Inventory of Aboriginal Women's Groups
4.2.3 Aboriginal governments and planning bodies with a mandate to develop new structures for human services undertake, in collaboration with women's organizations, an inventory of existing services, organizations and networks with a view to building on existing strengths and ensuring continuity of effort.
The Commission recommends that
Participation in Nation Building
4.3.1 Aboriginal, federal, provincial and territorial governments acknowledge the essential role of Elders and the traditional knowledge that they have to contribute in rebuilding Aboriginal nations and reconstructing institutions to support Aboriginal self-determination and well-being. This acknowledgement should be expressed in practice by
(a) involving Elders in conceptualizing, planning and monitoring nation-building activities and institutional development;
(b) ensuring that the knowledge of both male and female Elders, as appropriate, is engaged in such activities;
(c) compensating Elders in a manner that conforms to cultural practices and recognizes their expertise and contribution;
(d) supporting gatherings and networks of Elders to share knowledge and experience with each other and to explore applications of traditional knowledge to contemporary issues; and
(e) modifying regulations in non-Aboriginal institutions that have the effect of excluding the participation of Elders on the basis of age.
Protection of Sacred Sites
4.3.2 Aboriginal Elders be involved in the formulation and implementation of policies for the preservation and protection of sacred sites. In co-management situations, Elders should be board members.
Access to Public Lands for Traditional Purposes
4.3.3 Federal, provincial and territorial governments
(a) recognize Aboriginal people's right of access to public lands for the purpose of gathering traditional herbs, plants and other traditional medicines where the exercise of the right is not incompatible with existing use; and
(b) consult with Aboriginal governments on guidelines to govern the implementation of this right.
The Commission recommends that
Cultural Centres for Youth
4.4.1 Youth centres be established on reserves and in communities, including urban communities, where there is a significant Aboriginal population. Where cultural centres exist they should develop a specific youth component, including cultural and recreational programs.
Cultural Camps for Youth
4.4.2 Federal, provincial and territorial governments provide funding for community initiatives to establish Aboriginal youth camps that would
(a) pursue cultural activities linking youth with elders through the development of traditional skills and knowledge;
(b) promote a healthy lifestyle (counselling, fitness and nutrition); and
(c) encourage positive social interaction between Aboriginal youth of different nations and between Aboriginal and non-Aboriginal youth.
Aboriginal Sports and Recreation Advisory Council
4.4.3 The federal government, through the Minister Of State for Fitness and Amateur Sport, establish and fund an Aboriginal sports and recreation advisory council to advise in consultation with regional provincial and territorial sports and recreation organizations federal, provincial, territorial and Aboriginal governments on how best to meet the sports and recreation needs of Aboriginal people (including those living in urban areas).
Sports and Recreation Initiatives
4.4.4 The proposed Aboriginal sports and recreation advisory council promote programs and initiatives that are
(a) community-driven, based on needs identified by the community, with programming developed or modified by the community to meet the community's needs;
(b) sustainable, as opposed to one-time tournaments or events; and
(c) capacity builders aimed at providing instruction in recreation programming, leadership development and coaching skills.
Intergovernmental Forum Within 1 Year of Report
4.4.5 A meeting of ministers responsible for sports and recreation be convened within one year of the publication of this report to discuss the form and structure of the proposed Aboriginal sports and recreation advisory council, and that Aboriginal youth and Aboriginal experts in the field recreation and sports programmers, coordinators, administrators and researchers be invited to take part in this discussion.
Co-operative Home Construction
4.4.6 Co-operative home construction, based on the Habitat for Humanity model, be initiated in Aboriginal communities to provide housing, employment and construction skills for Aboriginal youth.
Canada-Wide Policy Framework
4.4.7 Federal, provincial and territorial governments develop and adopt, through the leadership of the Ministry of State for Youth, and in close consultation with Aboriginal youth and their representative organizations, a comprehensive Canada-wide policy framework to guide initiatives and programs directed to Aboriginal youth.
Key Program Areas
4.4.8 Key program areas for a Canada-wide Aboriginal youth policy be education, justice, health and healing, sports and recreation and support programs for urban Aboriginal youth:
(a) Education in the broadest sense must be a priority, with greater efforts to develop a culturally appropriate curriculum that reinforces the value of Aboriginal culture.
(b) Transformative education which uses students' personal experiences as a springboard for deeper analysis and understanding of the world around them should be considered in developing initiatives in education.
(c) The justice and corrections system has a substantial impact on youth. New programs should be developed and existing programs modified to focus on reintegrating youth into the community through approaches that reflect Aboriginal culture.
(d) Health and healing must reflect the needs of Aboriginal youth, particularly in the areas of counselling and support.
(e) Sports and recreation must be treated as an integral part of Aboriginal youth policy. Increased resources for facilities and programming are needed, as are trained people to co-ordinate sports and recreation programs for Aboriginal youth. Also, the sports community athletes and fans must be seen as a way to build and strengthen relationships among Aboriginal and non-Aboriginal people.
(f) Aboriginal youth in urban areas need innovative programs to help them bridge the traditional and urban worlds and support their choices about where and how to live.
Developing and Implementing Youth Policy
4.4.9 All governments pursue the following goals in developing and implementing a Canada-wide Aboriginal youth policy: youth participation at all levels, leadership development, economic development and cultural rebirth, youth involvement in nation building, and cultural and spiritual development.
Monitoring Progress and Setting Priorities
4.4.10 The federal government provide funding for a biennial conference of Aboriginal youth delegates and invited representatives from government and non-government organizations, the purpose of which would be to
(a) review progress over the preceding 24 months on goals established under the Canada-wide Aboriginal youth policy; and
(b) set priorities for new policies and programs where a need is identified by delegates.
The Commission recommends that
Nation to Nation Approach
4.5.1 Political negotiation on a nation-to-nation or analogous basis be the primary method of resolving M'tis issues.
M'tis Identity
4.5.2 Every person who
(a) identifies himself or herself as M'tis, and
(b) is accepted as such by the nation of M'tis people with which that person wishes to be associated, on the basis criteria and procedures determined by that nation,
(c) be recognized as a member of that nation for purposes of nation-to-nation negotiations and as M'tis for that purpose.
Section 91 (24) Coverage
4.5.3 The government of Canada either
(a) acknowledge that s. 91(24) of the Constitution Act, applies to M'tis people and base its legislation, policies and programs on that recognition; or
(b) collaborate with appropriate provincial governments and with M'tis representatives in the formulation and enactment of a constitutional amendment specifying that s. 91(24) applies to M'tis people.
If it is unwilling to take either of these steps, the government of Canada make a constitutional reference to the Supreme Court of Canada, asking that court to decide whether s. 91 (24) of the Constitution Act, 1867 applies to M'tis people.
Constitutional Confirmation of Alberta M'tis Settlements
4.5.4 The substance of the constitutional amendments relating to the M'tis Settlements of Alberta, referred to in s. 55 of the Charlottetown Accord and contained in ss. 12 and 23 of the Draft Legal Text of 9 October 1992, be enacted as soon as possible by joint action of the Parliament and government of Canada and the legislature and government of Alberta.
Education
4.5.5 When implementing this Commission's recommendations on education affecting Aboriginal persons, great care be exercised to ensure the preservation and propagation of distinct M'tis cultures. Measures to achieve that goal might include, where appropriate,
(a) consultation with M'tis elders when educational programs are being planned;
(b) establishment of and public funding support of separate M'tis schools where numbers warrant;
(c) assisted access to post-secondary education for M'tis persons;
(d) creation of a college or faculty of M'tis studies and professorships, scholarships and programs of M'tis studies; and
(e) provision of residential facilities in Post-secondary educational institutions that will be congenial to M'tis students.
Culture and Language
4.5.6 When implementing the recommendations made in Volume 3, all governments and relevant agencies bear in mind the distinct circumstances of M'tis culture and languages.
Governments and private authorities and agencies should collaborate with authorized M'tis representatives on measures to preserve, cultivate and study elements of M'tis culture, including the following:
(a) Aboriginal languages: to encourage and assist M'tis people to learn and use the Aboriginal languages with which their M'tis ancestors were historically associated;
(b) Michif language: to implement, with M'tis collaboration and public funding, special measures to save Michif from extinction and to encourage and assist Michif research and instruction;
(c) research and publications about M'tis history and culture: to provide financial support for research and publications to disseminate information about M'tis Nation history and culture by means of print, radio, television, film, theatre and other modes of expression;
(d) historical sites: to establish major M'tis cultural history centres at historically significant sites such as Batoche and the Forks in Winnipeg, to be owned and operated by M'tis representatives; and
(e) repatriation of artifacts: to repatriate major M'tis artifacts from public and private collections to appropriate M'tis-run locations.
M'tis Land Bases
4.5.7 The governments of Canada and the relevant provinces and territories be prepared to make available, through negotiations with each recognized nation of M'tis people, land bases sufficient in number, size, location and quality to permit the fulfilment of the nation's legitimate social, cultural, political and economic aspirations.
Human Rights to Hunt and Fish for Food
4.5.8 The governments of Manitoba, Saskatchewan and Alberta
(a) recognize immediately that the right, under the Constitution Act, 1930 of 'Indians' of those provinces to hunt, trap and fish for food in all seasons on unoccupied Crown land and other land to which they have a right of access applies to all M'tis persons in those provinces;
(b) consult with leaders of the M'tis Nation when determining who qualifies as a M'tis person for that purpose;
(c) give the same right to non-status Indians residing in the prairie provinces after they have demonstrated their Aboriginal ancestry by some prescribed and fair method; and
(d) give the same right to Aboriginal persons residing outside the prairie provinces unless it has been extinguished by a legally binding extinguishment measure, and extend the right, where appropriate, to public waters.
Interim and Permanent Land Use Agreements
4.5.9 Federal, provincial and territorial governments
(a) be prepared to enter into temporary land use agreements with M'tis nations while land claims negotiations are pending or continuing; and
(b) be prepared, where appropriate, to consider longer-term land use agreements with M'tis nations, perhaps in association with other interests, Aboriginal or private.
Negotiations on M'tis Self-Government
4.5.10 The governments of Canada and of relevant provinces and territories
(a) be prepared to negotiate immediately with appropriate M'tis representatives (as well as, where appropriate, other Aboriginal governments) on the manner in which M'tis self-government will be recognized by and integrated with other governments and assisted to become financially self-sufficient; and
(b) pursue independently and swiftly those aspects of self-government that are not dependent upon land base considerations, although it will be appropriate for part of these negotiations to take place in the context of negotiations concerning the nation's land base.
The Commission recommends that
Nations and Public Territorial Government
4.6.1 Dene of Denendeh (Northwest Territories) be given the opportunity to come to future negotiations on new political arrangements in Denendeh as a nation.
4.6.2 A treaty commission be established at the request of Dene communities seeking a treaty process.
4.6.3 The treaty commission's deliberations be the means by which the governing authorities for Dene are determined within the new western territory in addition to the framework of public government for that territory as a whole.
4.6.4 Those charged with developing institutions for Denendeh recognize the leading role Aboriginal nation government will play across the territory and design a form of territorial government that exercises lead responsibility in relatively few areas and plays a coordinating role with other governments' activities where appropriate.
4.6.5 Communities that want to participate in a treaty implementation process rather than regional land claims be given the same range of flexibility in terms of subject matter and quantity of land as if they were participating in a land claims process.
High Cost of Government in the North
4.6.6 In Nunavut and in the remaining part of the Northwest Territories future arrangements allocate clear responsibilities between Aboriginal nation governments and territorial institutions and be kept simple and focused, given the high cost of government across a widely dispersed population.
Public Education
4.6.7 Public education materials be developed in cooperation with Aboriginal communications groups to explain the institutional changes taking place in Nunavut and the remaining part of the Northwest Territories.
Aboriginal People in Environmental Stewardship
4.6.8 The government of Canada recognize the contribution of Aboriginal traditional knowledge to environmental stewardship and support its development.
4.6.9 The government of Canada make provisions for the participation of Aboriginal governments and organizations in future international agreements concerning environmental stewardship.
4.6.10 The federal department of health continue the close monitoring of contamination of northern country food by atmospheric and other pollution and, given the importance of these foods to northern people, communicate the results of this work quickly and effectively to users of these renewable northern resources.
4.6.11 All governments in Canada support the development of co-management regimes along the lines of those already established in the North.
Redesign of Income Programs
4.6.12 Federal and territorial governments establish a task force with strong Aboriginal representation to review all social assistance and income supplement programs across the territorial North with the goal of restructuring these programs to make them effective instruments in promoting a mixed economy and sustain viable, largely self-reliant communities.
4.6.13 Based on the work of the task force recommended in 4.6.12 and recognizing the fundamental changes under way in the structure and administration of social assistance programs across Canada, territorial governments take the initiative, in consultation with federal and provincial governments, to create a northern social policy framework with sufficient flexibility to allow existing levels of social assistance spending to be used to fund community work creation and provide income supplements related to community employment or traditional production and harvesting.
4.6.14 Employment insurance and social assistance legislation be amended to take into account the specific differences in employment patterns, the high cost of living, the administrative delays that result from great distances between communities, and other factors unique to the northern economy.
Skilled Management Supports
4.6.15 Aboriginal, federal, provincial and territorial governments encourage innovative means of delivering skilled management support including operations, financial and marketing expertise to small enterprises through Aboriginal economic development corporations.
Research Program
4.6.16 Faculties of agriculture, forestry and business administration in Canadian universities, in collaboration with the proposed Aboriginal Peoples International University, develop a northern research program focused on the creation of employment and business opportunities through the use of the renewable resources sector, the exportation of traditional foods and food products, and the development of expertise to manage these resources at sustainable levels.
Hiring Criteria
4.6.17 All governments hiring personnel for northern and remote communities take into account skills acquired through life experience and the demonstrated capacity to develop new skills along with, and at times in place of, formal educational credentials.
Accommodating the Traditional Economy
4.6.18 Government employment policies accommodate the demands of traditional economic activities by increasing opportunities for job sharing, periodic leave and shift work.
Stable Funding for Education and Training
4.6.19 Governments provide stable multi-year funding to northern educational institutions that have the capacity to deliver the education and training needed for self-government and a diversified economy.
Education and Institutional Development
4.6.20 The education and training of Aboriginal adults and young people form an integral part of all plans for institutional development in the North.
Support for Traditional Knowledge
4.6.21 Governments provide continuing support for the development of institutes that gather and research traditional knowledge and apply it to contemporary issues.
4.6.22 Traditional knowledge be incorporated in all appropriate institutions, including cultural and research institutes, regulatory boards and the education and training system.
The Commission recommends that
4.7.1 Aboriginal cultural identity be supported and enhanced in urban areas by
(a) Aboriginal, municipal, territorial, provincial and federal governments initiating programs to increase opportunities to promote Aboriginal culture in urban communities, including means to increase access to Aboriginal elders;
(b) municipal governments and institutions and Aboriginal elders co-operating to find ways of facilitating Aboriginal spiritual practices in the urban environment; and
(c) all governments co-operating to set aside land in urban areas dedicated to Aboriginal cultural and spiritual needs.
Financing Social Programs
4.7.2 The federal government be responsible for
(a) the costs associated with developing, implementing and operating Aboriginal self-government initiatives on and off a land base through program funding and fiscal arrangements;
(b) programs, services and treaty entitlements for Aboriginal people living on reserves or extended Aboriginal territories;
(c) treaty entitlements or agreed upon social programs such as financial assistance for post-secondary education and uninsured health benefits for Indian people living off-reserve, to the extent that these exceed the programs or services provided to other residents by the province or territory in which they reside; and
(d) the cost of services for M'tis people agreed to in treaty negotiations, once they have achieved self-government and a land base, including additional payments to M'tis people living off their land base to cover benefits agreed to by treaty where those exceed benefits normally available to other provincial residents.
4.7.3 Provincial and territorial governments be responsible for
(a) providing and financing the programs and services that are available to residents in general, to all Aboriginal people residing in the province or territory, except those resident on-reserve, in Inuit communities or on extended Aboriginal territory; and
(b) providing programs and services for Aboriginal people that are culturally appropriate where numbers warrant.
Financing Affirmative Action Programs
4.7.4 The cost of affirmative action programs and services to address economic and social disadvantage affecting urban Aboriginal people be shared by the federal, provincial and territorial governments on the basis of a formula basis that reflects provincial/territorial fiscal capacity.
Aboriginal Service Institutions
4.7.5 Provincial, territorial and municipal governments give priority to making the existing Aboriginal service delivery system more comprehensive as the most effective means of meeting the immediate needs of urban Aboriginal people.
4.7.6 Federal, provincial and territorial governments ensure that existing and new Aboriginal service institutions have a stable and secure funding base by
(a) making contribution and grant agreements with Aboriginal service institutions for periods of at least five years; and
(b) adjusting funding for existing and new Aboriginal and non-Aboriginal agencies to reflect actual services provided and caseloads.
Non-Aboriginal Service Agencies
4.7.7 Aboriginal people and organizations be directly involved in the design, development, delivery and evaluation of all services provided to Aboriginal clients by non-Aboriginal agencies.
4.7.8 Staff of non-Aboriginal service agencies directly involved in Aboriginal service delivery be given cross-cultural training delivered by Aboriginal people and organizations and that government funding agreements reflect this obligation.
Status-Blind versus Separate Institutions
4.7.9 Services to Aboriginal people in urban areas generally be delivered without regard to legal or treaty status.
4.7.10 Government policies on service delivery take into account the history and tradition of separate institutional development for M'tis and treaty people in Manitoba, Saskatchewan and Alberta as well as local cultural, political and economic conditions.
Youth Services
4.7.11 Aboriginal governments and organizations accord higher priority to youth programming, particularly leadership development, sport and recreation.
4.7.12 Municipal, provincial, territorial and federal governments support, fund and actively provide services and programs for urban Aboriginal youth.
4.7.13 Aboriginal youth be closely involved in the design, development and delivery of youth services.
Support for Disabilities Organisation
4.7.14 The federal government provide funding for a national organization to represent and speak on behalf of Aboriginal people with disabilities.
National Friendship Centre Program
4.7.15 The federal government devolve the administration of the National Aboriginal Friendship Centre program to the National Association of Friendship Centres.
Urban Cultural Education Program
4.7.16 The federal government establish and fund a national urban Aboriginal cultural education program designed for Aboriginal and non-Aboriginal people in large urban centres across Canada, to be generally administered by friendship centres.
Aboriginal Women in Urban Areas
4.7.17 Aboriginal women give Aboriginal and non-Aboriginal service agencies direction and guidance in formulating policy and developing services that may be used by Aboriginal women and children and participate fully in the delivery of programs and services established specifically to meet the needs of urban Aboriginal women.
4.7.18 In addition to cross-cultural training, non-Aboriginal individuals and organizations whose work or responsibilities directly affect urban Aboriginal women's lives receive comprehensive information and education on the situation of urban Aboriginal women.
Representation of Urban Aboriginal People
4.7.19 Positions be designated for Aboriginal representatives on local boards and commissions responsible for services and the boards of institutions in which Aboriginal people have a significant interest.
4.7.20 Municipal councils and school boards in municipalities with a large Aboriginal population establish Aboriginal affairs committees to provide advice and guidance on Aboriginal issues.
4.7.21 Municipal, provincial, territorial and federal governments seek opportunities for co-management arrangements that would involve Aboriginal people in establishing, managing and operating urban institutions, programs and services in which they have an interest.
Urban Community of Interest Approaches
4.7.22 Where urban Aboriginal residents wish to pursue self-government based on an urban community of interest, whether involved in multiple government functions or acting through a single institution,
(a) municipal, provincial and federal governments foster and support community building including, where appropriate, developing the community of interest's governance initiative; and
(b) municipal, provincial and federal governments participate in negotiations to establish urban community of interest governments and assist them in operating institutions and services for members of the community of interest.
Nation-Based Approaches
4.7.23 Nation-based urban governance initiatives be pursued by nations when they have sufficient capacity to assume governance responsibility for the needs and interests of urban Aboriginal citizens.
4.7.24 The urban citizens of Aboriginal nations be fully consulted and participate in decisions concerning urban governance initiatives pursued by nations.
4.7.25 Aboriginal nations ensure that their urban citizen's needs and interests are recognized and that mechanisms are instituted to ensure they are represented in the political structures and decision-making processes of the nation.
4.7.26 Federal, provincial, territorial and municipal governments give full support to Aboriginal nations when they develop and implement urban governance initiatives.
The Commission recommends that
First Ministers Meeting
5.1.1 First Ministers, territorial leaders and leaders of the national Aboriginal organisations meet within six months of the release of this report to
(a) review its principal recommendations;
(b) begin consultations on the drafting and enactment of a Royal Proclamation redefining the nature of the relationship between Aboriginal nations and Canadian governments; and
(c) establish a forum to create a Canada-Wide Framework Agreement.
Aboriginal Peoples Review Commission
5.1.2 The government of Canada introduce legislation to establish an Aboriginal Peoples Review Commission that is independent of government, reports to Parliament and is headed by an Aboriginal chief commissioner.
5.1.3 The Aboriginal Peoples Review Commission regularly monitor progress being made
(a) by governments to honour and implement existing treaties;
(b) in achieving self-government and providing an adequate lands and resource base for Aboriginal peoples;
(c) in improving the social and economic well-being of Aboriginal people; and
(d) in honouring governments' commitments and implementing the recommendations of the Royal Commission on Aboriginal Peoples.
5.1.4 The Aboriginal Peoples Review Commission report annually to Parliament and that Parliament use the occasion of the annual report to address Aboriginal issues in committee hearings and debate.
5.1.5 Provincial and territorial governments co-operate with the commission in fulfilling its mandate and respond in their legislatures to the commission's annual assessment of progress.
5.1.6 Federal and provincial first ministers and territorial leaders meet at regular intervals with national Aboriginal representatives to assess implementation of reform measures and to raise public awareness of Aboriginal concerns.
The Commission recommends that
Principles for Public Education
5.4.1 Public education on Aboriginal issues be based on the following principles:
(a) Building public awareness and understanding should become an integral and continuing part of every endeavour and every initiative in which Aboriginal people, their organizations and governments are involved and in which non-Aboriginal governments and stakeholders have a part.
(b) Public education should involve both the sharing of information and a process of interaction, leading in time to a shared sense of advocacy and of public support.
(c) Non-Aboriginal organizations and corporations should establish internal mechanisms to make themselves aware of the distinctive needs of Aboriginal people whom they serve or employ and to ensure that they respond to those needs.
Cross-Cultural Understanding
5.4.2 Bodies that represent or serve both Aboriginal and non-Aboriginal people
(a) be proactive and innovative in promoting understanding of Aboriginal issues; and
(b) review their own activities to ensure that they contribute to cross-cultural understanding and enhance relations with Aboriginal people.
Role for Aboriginal Organizations
5.4.3 Aboriginal people and organizations participate in the process of public education through direct involvement, by creating opportunities for interpersonal contact and by acting as agents of change in Canadian society.
5.4.4 Aboriginal organizations and governments include their own members and citizens in efforts to build greater public understanding of Aboriginal issues and the changes now affecting Aboriginal communities.
Aboriginal Presence in the Canadian Media
5.4.5 Canadian media reflect the growing presence of Aboriginal people in their audience or readership by hiring Aboriginal journalists and broadcasters and by giving greater priorities coverage of Aboriginal issues and communities.
5.4.6 Aboriginal radio and television programming be available to all Canadians via cable TV, building on the service of TV Northern Canada and the radio services of Aboriginal communications societies.
Symbols and Occasions
5.4.7 Parliament and the national Aboriginal organizations jointly designate a national First Peoples Day to coincide with the issuing of a new Royal Proclamation and to be celebrated annually across Canada.
5.4.8 Special events such as Aboriginal Awareness Weeks be organize under joint Aboriginal and non-Aboriginal direction in all municipalities with a substantial Aboriginal population.
5.4.9 The commemoration of important occurrences in Aboriginal history through events such as treaty days and Louis Riel Day be expanded as a means of building solidarity and a vehicle for public education.
Use of Symbols, Place Names and Ceremonies
5.4.10 Canadian governments recognize Aboriginal people's contribution to Canada through much greater use of Aboriginal place names, languages, ceremonies and exhibits and by honouring Aboriginal meeting places and historic sites.
Public Education Integral to All Programs
5.4.11 Federal, provincial and territorial governments make public education an integral part of all programs that affect Aboriginal people and ensure that it is delivered in collaboration with Aboriginal organizations.
5.4.12 The federal government ensure that the history and present circumstances of Aboriginal peoples are communicated to immigrants and to persons becoming Canadian citizens.
Immediate Steps
5.4.13 The CD-ROM version of the Commission's final report, research studies and public hearings be distributed by the government of Canada free of charge to every Canadian high school, college and university library.
5.4.14 A task force be established by a coalition of interested organizations and funded in part by the federal government to promote understanding and wide public discussion of the findings and recommendations of the Royal Commission on Aboriginal Peoples for at least the first year following publication of this report.
The Commission recommends that
Constitutional Conference
5.5.1 Representatives of Aboriginal peoples be included in all planning and preparations for any future constitutional conference convened by the government of Canada.
5.5.2 A role for Aboriginal peoples and their governments in the amending process, including a veto for Aboriginal people on changes to ss. 25, 35, 35.1 of the Constitution Act, 1982 and s. 91 (24) of the Constitution Act, 1867, be one matter for consideration at any future conference.
5.5.3 Other matters of concern to Aboriginal peoples, including in particular, explicit recognition of the inherent right of self-government, treaty making and implementation, the inclusion of M'tis people in s. 91(24), entrenchment of the Alberta M'tis Settlements Act, and alterations to s. 91(24) to reflect the broad self-governing jurisdiction of Aboriginal nations, form part of the constitutional agenda.
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/1998/17.html