PETITION AND BILL OF PARTICULARS ON THE ESTABLISHMENT OF
NEGOTIATIONS BETWEEN INDIAN NATIONS IN CANADA AND THE GOVERN-
MENT OF CANADA TO RESOLVE OUTSTANDING DIFFERENCES PRIOR
TO THE PATRIATION OF THE CANADIAN CONSTITUTION.
The Indian Nations in Canada transmit this Petition and Bill
of Particulars to the Government of Canada requiring that the
Government of Canada not submit a Resolution for a Joint Address
to Her Majesty the Queen requesting the patriation of the
Constitution of Canada until Canada, the United Kingdom and the
Indian Nations conclude negotiations concerning the rightful
position of Indian Nations in the Canada Constitution.
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B I L L O F P A R T I C U L A R S
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1. We, the Original Nations in Canada will no longer tolerate
our lands, resources and right to self-determination being
expropriated by the Government of Canada.
2. At the Conference of First Nations held in Ottawa, November
1980, our Indian Nations unanimously joined together in
forming a Provisional Council of our Indigenous Governments
mandated to form a Provisional Government. We are united in
resolution unanimously passed that the Indian Nations of
Canada, both those which entered into Treaties and those
which did not, will stand together in common purpose in our
Declaration which asserts these principles are inviable:
"We, the Original Peoples of this Land
know the Creator put us here.
The Creator gave us laws that govern
all our relationship to live in
harmony with nature and mankind.
The laws of the Creator defined our
rights and responsibilities.
The Creator gave us our spiritual
beliefs, our languages, our culture,
and a place on Mother Earth which
provided us with all our needs.
We have maintained our freedom, our
languages, and our traditions from
time immemorial.
We continue to exercise the rights
and to fulfill the responsibilities
and obligations given to us by the
Creator for the lands upon which we
were placed,
The Creator has given us the right
to govern ourselves and the right
to self-determination.
The rights and responsibilities given
to us by the Creator cannot be altered
or taken away by any other Nation."
3. The Indian Nations established a political/legal relationship
with Great Britain when Great Britain wished to establish a
colony in Indian Territory now known as Canada. This
relationship continues to exist as it has not been
extinguished by the Governments of the Indian Nations or
Great Britain.
4. The political/legal relationships between these Nations were
established in accordance with principles of International
law and were formally embodied through the exercise of the
Royal Prerogative and in Treaties which continue to bind the
Nations.
5. The Government of Canada through Acts of the Parliament of
Great Britain has been entrusted with the administration of
Great Britains' obligations to the Indian Nations. The
Government of Canada has breached this Trust by pursuing a
policy of expropriating our land and resources, illegally
settling our land and systematically attempting to assimilate
our people undermining the authority of our Indian
Governments.
6. We have persistently protested against these expropriations.
The Government of Canada has either ignored our protests or
declined responsibility. For example when the Nishga Tribes
asserted that their land in British Columbia was illegally
claimed by the Province, Sir James Lougheed, Leader of the
Government in the Senate, stated on June 2, 1920"
"If Indians have claims anterior to
Confederation or anterior to the
creation of the two Crown colonies
in the Province of B.C. they could
be adjusted or settled by the Imperial
authorities. If the claim be a valid
one...as to the Indian Tribes of B.C.
being entitled to the whole of the lands
in British Columbia this Government
cannot disturb that claim. That
claim can still be asserted in the
future."
As recently as 1979, the Government of Canada again asserted
to the International community at Geneva, addressing the
Human Rights Sub-Committee on Racial Discrimination that the
primary responsibility for the Indigenous people in Canada
lay with Britain. This response was given in reply to an
inquiry into Canadian policies regarding the Indigenous
People of Canada.
7. In 1969 the Prime Minister of this Country said:
"While one of the things the Indian
Bands often refer to are their
Aboriginal Rights and in our policy
the way we propose it, we say we don't
recognize Aboriginal Rights...It's
inconceivable I think that in any
given society one section of
the society have a Treaty
with the other section...But I don't
think that we should encourage the
Indians to feel that their Treaties
should last forever within Canada..."
He said, with respect to the stated Indian request for a
preservation of Aboriginal Rights:
"And our answer -- it may not be the
right one and it may not be the one
which is accepted...our answer is no."
8. A Submission to the Federal Cabinet on _Native Claims Policy:
Comprehensive Claims_ dated July 29, 1979, said:
a) Indian title is to be extinguished for
money and certain concessions many of
which would be of a temporary nature.
b) Any confirmation of Indian title is
explicitly rejected as a basis for
agreement.
c) Any powers or authority transferred to
Indians are to be consistent with non-
Indian political institutions, i.e.
municipal-type administration which can be
tied later into provincial law and
institutions.
d) The concept of Indian Government, as a way
of confirming Indian special status, is
explicitly rejected.
e) Provincial participation in negotiating
claims settlements in regarded as
essential (aside from any legal
requirements for this) because one
important aim is to shift jurisdiction
over Indians to the Provinces.
This strategy was basically accepted by the Federal
Government and is its policy today.
9. At the 11th Annual General Assembly of the Union of B.C.
Indian Chiefs on October 1979, the Indian Nations Aboriginal
Rights Position Paper was accepted and presented to the
federal government. The federal government has chosen not to
respond to it in any real manner.
10. The Government of Canada has refused our request to
participate in the Constitutional discussions between the
federal and provincial governments. As such the Indian
Nations oppose patriation. The federal government's policy to
terminate Indian status and reserve land would be fully
achieved through patriation.
11. In the City of Rotterdam, between November 24th and 30th,
1980, the Members of the Jury and other bodies of the Fourth
Russell Tribunal came together in order to consider alleged
violations of the rights of the Indians of America.
In hearings representations from Indian Nations of Canada,
the Tribunal noted:
"It may well be that the most severe
persecution in human history, lasting
for almost five hundred years, has been
mounted against the Native Peoples of
the Americas...During the hearings we
have been impressed by the invincible
determination of the Indian Nations who
do not seek to impose their way of life
on others but who, with dignity, demand
respect for the right to their unique
identity in a pluralistic world."
The Tribunal made its decision on November 30, 1980,
indicting the Government of Canada for breaches of
International law and violations of the Universal Declaration
of Human Rights to which Canada is a signatory. The Tribunal
recommended the following:
a) "The States of the Americas, in any
dispute about the infringement or
violation of the autonomous and cultural
rights of the Indian Peoples; to engage in
a good faith negotiation to seek a
peaceful settlement of the dispute; and to
refrain from taking recourse to any
procedure, which is not mutually agreed
upon."
b) "Treaties and agreements made with
Indigenous Nations or groups shall not be
subject to unilateral abrogation. In no
event may municipal law of any state serve
as a defence to the failure to adhere to
and perform the terms of Treaties and
agreements made with Indigenous Nations or
groups. Nor shall any state refuse to
recognize and adhere to Treaties or other
agreements due to changed circumstances
where the change in circumstances has been
substantially caused by the state
asserting that such change has occurred.
(N.G.0. conference on discrimination
against Indigenous populations, Geneva,
1977)."
c) "American States must immediately bring a
halt to the gross and continuous
violations of the rules and Principles
recognized under International law. States
should implement measures to prevent
further violations of the basic human
rights and fundamental freedoms of the
Indian Peoples. Those existing national
laws which forcefully assimilate
Indigenous Peoples against their will and
violate their basic rights defined by
International standards should be
annulled."
The Jury found that Canada has failed to involve the Indian
Nation in the current Constitutional process. It further
concluded that Indian rights have not been considered in the
proposed Canada Act 1980. The Tribunal adopted the
Declaration presented by the Indian delegation, which stated
that "Indian Peoples have the right to exist as distinct
People of the world, the right to the possession of their own
territory, and the right to sovereign self-determination".
12. If Her Majesty the Queen and her government in Great Britain
patriate the Canadian Constitution under the terms proposed
by the Federal Government of Canada, Her Majesty the Queen
and her government of Great Britain will be participating
with Canada in breaches of Treaty, International law and
breaches of International covenants of which both Canada and
Great Britain are signatories.
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P E T I T I O N
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An opportunity exists to elevate the constitutional amendment to
an exercise in statesmanship and nation building. This is a
course which we would welcome because it offers the possibility
of creating a place for us in Canada's federal system consistent
with our rights as Indian Nations. We have given long and serious
consideration in many assemblies of our people to the ways in
which our special status can be integrated into Canada's federal
system. We are convinced that this aim can be accomplished with
the result of strengthening our Indian Nations and of
strengthening the Government of Canada. This process, however
must take place BEFORE the Constitution is amended.
It is our position that representatives of the Indian Nations,
Great Britain and Canada must now enter into internationally
supervised discussions outside of Canada to:
1. Review and define the present roles and
responsibilities of all parties involved in
the existing "tri-lateral" relationship,
including the Indian Nations, the Canadian
Government and the British Government.
2. Define in detail the full meaning and
extent of the political association between
Britain and the Indian Nations in Canada.
3. Define and agree in detail on the full area
and boundaries of territories occupied
and/or owned by the Indian Nations of
Canada.
4. Define in detail the means by which
existing and future conflicts may be
resolved between an Independent Canada and
Indian Nations.
5. Define and determine the extent and amount
of payments owed to Indian Nations of
Canada by the Canadian Government for lands
and natural resources already confiscated
or expropriated by the Canadian Government
and/or its agents; and agree to the method
and terms for payment.
6. Define the terms for political existence
between the Indian Nations of Canada and
the Canadian Government.
7. Define the equalization payment plan
between the Canadian Government and the
Indian Nations.
8. Define the alternatives for individual
Indian citizenship in addition to their own
natural citizenship.
9. Define and agree to the necessary measures
to ensure that each Indian Nation can
exercise the full measure of self-
government, within the Canadian Confeder-
ation.
10. Define the roles and authorities of the
various parties in matters related to
fishing, wildlife, religious lands pro-
tection, water resource management and
control, use and development of minerals,
petroleum resources, timber, and other
natural resources.
11. Define the terms of a Treaty which will
codify the agreements above, as well as
define the measures necessary to settle the
unresolved lands and other territorial
claims.
12. Agree upon the formation of an
International Indigenous Trust Council
within the United Nations to oversee future
relations between Indigenous Peoples and
Countries with which they are associated.
As a last resort, if the tri-lateral negotiations are not
commenced, we will take whatever other measures are necessary to
separate Indian Nations permanently from the jurisdiction and
control of the Government of Canada whose intentions are hostile
to our People. We will be forced to take this step while
requiring Britain to fulfill the obligations owed to us.
We request that the Government of Canada give serious and
immediate consideration to this Petition and Bill of Particulars
and in view of the deadlines established, that a response be
provided by February 6, 1980.
DATED at the City of Ottawa, December 1980.
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