province: Scrapped bill no great victory for First Nations
Sarah Petrescu, The Martlet (Uvic)

Prime Minister Paul Martin's recent dumping of the unpopular Bill C-7, the First Nations Governance Act (FNGA), was little more than saving face according to some First Nations critics.

"I'm not impressed. It will be back to business as usual," said Dr. Taiaike Alfred, from UVic's Indigenous Governance Program. "The government will push the same legislation through, just in a smaller and more digestible fashion."

The FNGA was introduced by former Indian Affairs Minister Robert Nault in 2002 to ensure greater accountability of First Nations leaders and overhaul financial management. The FNGA would amend the Indian Act, a 126 year-old piece of legislation criticised for giving the federal government complete control of relations with aboriginal groups. Prime Minister Martin has said the Act "severely poisoned" government relations with Canada's First Nations.

The FNGA was widely protested by the country's First Nations groups for lack of sufficient consultation and imposing changes that do not take into account First Nations customs and traditions.

"The government wants First Nations to be accountable - an accountability that is familiar to people in government and business, not necessarily First Nations people," said Alfred. "It is another abandonment of what it is to be indigenous in favour of assimilation."

Supporters of the Act included First Nations groups often marginalised in their communities, such as women and those living off-reserve. Patrick Brazeau, Governance Coordinator for the Congress of Aboriginal Peoples, participated in its consultation and said that hearing the Act was scrapped was "not the best news."

"It was the first time in 20 years that the voice of off-reserve aboriginal people was called," said Brazeau.

Brazeau is hopeful that the Martin government will also seek consultation with off-reserve First Nations and continue tackling some of the issues addressed in the FNGA.

"It was by no means a perfect piece of legislation, but at least it offered something for the interim of moving to self-government," said Brazeau.

"Whether we'll work with the Martin government is, at this point, a grey area. But he's already said he plans to include urban First Nations in planning - so we're hopeful."

The prime minister has taken an overt approach to mending government relations with Canada's First Nations. Martin's swearing-in as the nation's new leader included a "cleansing ceremony" performed by a First Nations elder. Martin has said he supports the inherent right to self-government - an issue crucial to favourable treaty negotiations for First Nations bands.

He will also personally lead a new cabinet committee on aboriginal issues.

Martin's newly-appointed Indian Affairs Minister, Andy Mitchell, and Assembly of First Nations Chief Phil Fontaine have given First Nations leaders hope for renewed relations between the government and First Nations groups - a relationship that was strained over the course of the Jean Chretien's 10 years in power. One of Mitchell's first commitments as minister was to ditch and never re-introduce the FNGA.

"The scrapping of the FNGA may be a concession by the Martin government. It [the FNGA] was fabulously unpopular, disrupted relations between the government and First Nations, and something had to be done," said Frank Cassidy, a professor in UVic's public administration and political science departments.

Cassidy said the Martin government now has the opportunity to take a different approach in First Nations relations.

"The government should consult with First Nations leaders and communities about a long-term and short-term plan towards accountability. The difference is that, unlike the FNGA, the legislation should be enabling," Cassidy said.

Cassidy said an enabling legislation would be a move towards self-government for First Nations groups, not another set of rules like the FNGA proposed.

"People are alerted now, so any legislation that goes forward that is cast along the same lines as the FNGA will be the focus of some serious opposition."

Canadian University Press

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