Conservative backbencher Rob Clarke (Desnethé-Missinippi-Churchill River, Sask.) introduced Bill C-428, An Act to Amend the Indian Act and Provide for its Replacement, on June 4. If passed, the private member’s bill would repeal some aspects of the Indian Act pertaining to property, education, and governance, and would require the minister of Aboriginal Affairs and Northern Development to report annually to Parliament on efforts between the department and aboriginal groups to replace the Indian Act.
Mr. Clarke, a member of the Muskeg Lake First Nation, told The Hill Times that his past experience as an RCMP officer enforcing the Indian Act in Saskatchewan motivated him to initiate a replacement to the “archaic” 136-year-old legislation.
“It was policy made into an act, and it basically created a second-class citizen in Canada,” Mr. Clarke observed. “We’re living in 2012 and we have to start an open debate and dialogue on this issue.”
The original Indian Act made Canada’s indigenous wards of the state, empowered the federal government to define who was an ‘Indian,’ established the reserve system, and legislated band governance. The act was passed in 1876 with the intention of assimilating aboriginal Canadians, and amendments over the years have modified rules pertaining to property rights, governance and status.
Minister of Aboriginal Affairs Jon Duncan (North Vancouver Island, B.C.), who is responsible for administering the act, told The Hill Times last week that he “supports the thrust of the bill” introduced by Mr. Clarke.
“The spirit of the bill is something that I can endorse. When it comes to specifics, we will be looking at it more closely,” Mr. Duncan said following a ceremony at the Chateau Laurier Hotel to unveil the design of a stain glass window commemorating the federal government’s 2008 apology for the residential school system, which will be installed in Parliament’s Centre Block later this year.
Mr. Duncan may not be on the Aboriginal Affairs file much longer, however. He has been on the file for nearly three years and was widely criticized for his department’s mishandling of the Attawapiskat housing crisis last winter.
The Aboriginal Affairs minister has appeared blind-sided in his response to the crisis and subsequent Parliamentary committee appearances. Mr. Duncan has not visited Attawapiskat since the crisis began to receive media attention last December. Mr. Duncan may be taken off the file if Prime Minister Stephen Harper (Calgary Southwest, Alta.) decides to shuffle his Cabinet this summer.
Mr. Duncan said that he has “no issue” with Mr. Clarke’s proposal that the Minister of Aboriginal Affairs report to Parliament on efforts to replace the Indian Act.
“We’re just waiting to study the bill and make sure there are no implications that would be a problem, but so far the direction looks appropriate,” Mr. Duncan said.
Mr. Duncan declined to do an in-depth in-person interview with The Hill Times on aboriginal issues, however, he did submit an op-ed.
Outside of the Conservative caucus there do appear to be problems with Bill C-428.
AFN National Chief Shawn Atleo, who has repeatedly called for the abolition of the Indian Act, criticized the “unilateral” approach taken by Mr. Clarke in introducing legislation of such significance without the involvement of First Nations.
The bill is also being criticized by aboriginal groups in Mr. Clarke’s home province of Saskatchewan.
Prior to the bill’s formal tabling, the Federation of Saskatchewan First Nations released a statement also criticizing the unilateral approach taken by Mr. Clarke without proper consultation.
Métis Nation Saskatchewan President Robert Doucette has also called on Mr. Clarke to withdraw the bill on the grounds that its impact on the Crown-First Nations relationship will also impact the Métis. Mr. Doucette has criticized Mr. Clarke for introducing the legislation without consultation.
NDP MP Carol Hughes (Algoma-Manitoulin-Kapuskasing, Ont.), who serves as her party’s deputy critic for aboriginal health, said that any effort to change the Indian Act should be based on collaboration between First Nations and the government, not on independent action by a backbench MP.
“Given the duty of the Crown to consult, you would think that they would consult before they table a private member’s bill dealing with First Nations issues,” Ms. Hughes said in an interview last week. “Any bill that addresses the Indian Act should come from the government and not a backbencher.”
Liberal aboriginal affairs critic Carolyn Bennett (St. Paul’s, Ont.) agreed.
“It’s naive for this member of Parliament to think that this could work. If he cared about it then the best route would be to persuade the Prime Minister to do something about it,” said Ms. Bennett.
Mr. Clarke told The Hill Times that he had consulted with First Nations leaders prior to introducing the bill, but would not disclose which leaders he had met with. He said that he introduced the bill to initiate debate and consultation, and is receptive to amending the bill.
“I’m totally open to amendments. What I’m trying to do is start a process for debate,” Mr. Clarke said. “This act has been in place since 1876. Nothing ever seems to get done. I’m just trying take action to kick start this and start the consultation process.”
Original Article
Source: hill times
Author: Chris Plecash
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