EEE Last week, I began a series of columns leading up to the October 26 national referen- dum. Like other Canadians, I'm trying to make up my mind whether to vote "yes" or "no" to the question: '"'Do you agree that the Constitution of Canada Should be renewed on the basis of the agreement reached on August 28, 19922" If you want to par- ticipate in this discussion, you can write to me clo NORTH- ERN INSIGHTS, 72 Jean Street, Thunder Bay, Ontario P7A 5E9 or fax me at (807) 343-0446. If you're making govenments will be financed. What the agreement does spell out is a commitment by provinces and Ottawa to the Status quo-the negotiation of self-government agreements in every part of Canada where Native organizations want one. This process started years ago in Ontario with the Nishnawbe- Aski Nation, culminating in August of 1991 with the sign- ing of the "Mount McKay Accord" in Thunder Bay, whereby Ontario gave formal recognition to the aboriginal governments as equals. The "Charlottetoown Consensus" recognizes this, and gives more up your mind like Iam, you framework to these self-gov- Should take the time to read _ ernment negotiations by calling the actual text. A free copy for: NORTHERN INSIGHTS by Larry Sanders can be had at any MPs office, A contextual statement or by calling the federal gov- ernment's toll free number, 1- 800-561-1188. This week, I want to discuss one of the cornerstones of the "Charlottetown Consensus": recognition of the inherent right of aboriginal people to self-government. I have a problem with those who argue that they can't vote"yes" to the constitutional 'deal on October 26 because they don't understand what aboriginal self-government is. I think those people are using code language. What they're really saying is that they don't want native people to finally get out from under the yoke of oppressive legislation white governments have imposed for generations on native people, like the Indian Act. Joe Clark and Ovide Mercredi make compelling arguments when asked about to COST of aboriginal self-gov- ernment by turning the ques- tion around: "what is the cost now of a disproportionate per- centage of native people in our prisons? The cost of a higher suicide rate among native young people?" The hope of the native leaders who worked with the first ministers on the deal is that constitutional recognition of the right (never relinquished) of native people to run their own affairs will lead to improvements in health, education, economic develop- ment, not to mention spirit. As well, those who say they don't know what self-govern- ment is haven't taken the time to read the agreement. It's only true on a superficial level to say that many aspects of self-gov- emment are subject to further negotiation and definition. The aspects that remain to be worked out include how native people will be represented in the new Senate, and the exact details of how ahnriginal should be inserted in the Constitution, as follows: The exercise of the right of self-government includes the authority of the duly constitut- ed legislative bodies of Aboriginal peoples, each with- in its own jurisdiction: (a) to safeguard and develop their languages, cultures, economies, identities, institu- tions and traditions; and, (b) to develop, maintain and strengthen their relationship with their lands, waters and environment & Ste? ov sceptevin" Ot ft eee eS Page 5, Tuesday, October 6, 1992 e ® Your Opinion: rss Consensus recognizes Native rights so as to determine and con- trol their development as peo- ples according to their own val- ues and priorities and ensure the integrity of their societies." This contextual statement will be used by the courts to guide decisions they might be asked to make interpreting self- government rights. As well, the Charlottetown Consensus includes a political agreement not to take self-government issues to the courts for five years. During that five-year delay existing aboriginal and treaty rights will be maintained, and the Charter of Rights will apply right away to aboriginal governments. The major problem raised by native women to the agreement is the fact that, after the five years is up, self-government agreements could be negotiated which do not give equal status to aboriginal men and women. In addition, the Charlottetown Consensus (as it now reads) will allow aboriginal govern- ments to invoke the "notwith- standing" clause in the consti- tution, just like provinces can. This clause allowed Quebec to pass its French-only sign law, despite (or "notwithstanding") court rulings that said the law contravened the Charter of Rights. Native women are also arguing that it was wrong of the first women from the negotia- tions that led to the Charlottetown Consensus. I think that problem can be rectified through later negotia- tions, and spelled out more clearly in the legal text of the COVE CUTTIERS ORIENT BAY, LAKE NIPIGON QUALITY MEAT CUTTING SPECIALIZING IN: MOOSE, VENISON, BEEF, PORK 4 COLD STORAGE, CUTTING WRAPPING & FREEZING REASONABLE RATES For Additional Information Telephone 885-3171 or 887-2322 pannnne constitutional amendments that will eventually be dealt with by the federal and provincial legis- latures. It's not a serious enough problem to warrant defeat of the entire package, in my view. So I like this part of the Charlottetown Consensus. If it was the only part coming up for a vote, I would mark "yes" on my October 26 ballot. 'aiitiieeniines HaRDWoRK 143 RAILWAY STREET, P.O. BOX 159 NIPIGON, ONTARIO POT 2J0 ARE NOW TAKING ORDERS FOR CHRISTMAS. ALL YOUR CUSTOM WOODWORKING NEEDS. 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