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Nault's Consultation Process is Just an Elaborate 'Con Game': The Chrétien Government is Re-Packaging Their Failed Indian Act Amendments of 1996-97

(Vancouver, Coast Salish Territory/May 1, 2001) Chief Stewart Phillip, President of the Union of B.C. Indian Chiefs, responded today to Minister Nault's announcement of a national consultation process regarding the proposed 'First Nations Governance Act". "Bob Nault's consultation process is just another elaborate federal con game to 'off-load federal responsibilities onto the Bands themselves." Chief Stewart Phillip further noted that "With this process, if you combine con and insult you get 'consult'."

Former Minister of Indian Affairs Ron Irwin failed to get support for his draconian package of Indian Act amendments four years ago so predictably the Department of Indian Affairs is taking another run at us", said Chief Stewart Phillip.

In 1996-97, Irwin tried to impose a package of Indian Act amendments, which were rejected by 85% of the Bands across the country. At the last minute, Ron Irwin said the package would be optional an introduced it into the House of Commons in December 1996, as the "Optional Modification Indian Act" (Bill C-79). The Bill died on the order paper when the federal election was called in June 1997.

The real federal intentions behind the re-packaging of the 1996-97 Indian Act amendments are contained in the federal government's existing "self-government" and "land claims" policies, as well as in recent agreements, including the BCTC Agreements-in-Principle.

Since 1993, the Chrétien government has been systematically dismantling their ongoing fiduciary, trust like responsibilities through program devolution and delegation of authorities.

The adoption of the Constitution Act 1982 means that the federal government cannot just conveniently legislate over "Indians and Indian lands" as it sees fit. We already have our Aboriginal rights, including Aboriginal title "recognized and affirmed" in section 35 of Canada's constitution. Moreover, as "peoples" we have the collective right to self-determination recognized by international law.

In short, the Federal government through the Minister of Indian Affairs is attempting to:

Eliminate Indian Reserves be converting them into "Fee Simple" Lands;

Eliminate Indian Tax Immunity (force paying of property, income, sales taxes and users fees by Indians on Indian lands);

Impose application of federal and provincial laws over Indians; and

Extinguish Aboriginal title and rights to traditional territories (now called acquiring "certainty" over the land).

Chief Phillip also said, "with this so-called consultation process Bob Nault and his cronies have embarked on a dangerous course of action. To add insult to injury First Nations communities have reached a desperate breaking point. They are trying to trick our people into believing the federal government wants to help build 'vibrant communities and economies', when in fact, the intent is to continue to ignore and accelerate the extinguishment of our constitutionally protected and internationally recognized right to self-determination as 'peoples'."

The federal government has at least two more Bills, which form the agenda of the government. These are the "First Nations Financial Institutions Act" and an Act to create a so-called "Independent Claims Commission."

The Union of British Columbia Indian Chiefs has called an emergency meeting of its Chiefs Council to discuss the ramifications and what actions should be taken. "We will continue to vigorously defend our Aboriginal Title and we will continue to fight for our Aboriginal Rights. We shall never, ever surrender the birthright of our children and grandchildren. Never."