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| First Nations National Constitutional Convention | |
|---|---|
| Name | First Nations National Constitutional Convention |
First Nations National Constitutional Convention The First Nations National Constitutional Convention was a gathering intended to address constitutional recognition, rights, and self-determination for Indigenous peoples in Canada. It brought together leaders, activists, and legal scholars to deliberate alongside representatives from treaty organizations, tribal councils, and political institutions. The Convention aimed to influence federal processes, provincial negotiations, and international advocacy related to Indigenous sovereignty and treaty rights.
The Convention emerged amid political shifts involving the Constitution Act, 1982, the Royal Commission on Aboriginal Peoples, and debates after the St. Catharines and Sparrow v. The Queen jurisprudence. Influences included activism linked to the Calder v British Columbia (Attorney General), mobilization following the Oka Crisis, and precedent from the Meech Lake Accord and Charlottetown Accord. Key antecedents included gatherings organized by the Assembly of First Nations, the National Indian Brotherhood, and regional bodies such as the Union of British Columbia Indian Chiefs, Nishnawbe Aski Nation, and Inuit Tapiriit Kanatami. International frameworks like the United Nations Declaration on the Rights of Indigenous Peoples and instruments from the Organization of American States also informed origins. Legal scholarship from the Department of Justice (Canada), the Canadian Bar Association, and academic centers at University of British Columbia, University of Toronto, and McGill University contributed to the constitutional agenda.
The Convention set out to articulate positions on recognition within the Constitution Act, 1867 and to negotiate forms of self-government analogous to agreements like the James Bay and Northern Quebec Agreement and the Nisga'a Final Agreement. Objectives included clarifying land rights influenced by decisions such as R v Marshall and R v Van der Peet, proposing models comparable to the Nunavut Act and frameworks like the Indian Act amendments, and coordinating strategies among entities like the Treaty 8 Tribal Association and the Métis National Council. Participants sought to produce documents compatible with international law referenced in cases such as Delgamuukw v British Columbia and policy instruments from the Inter-American Commission on Human Rights.
Organization drew on structures used by the Assembly of First Nations, Congress of Aboriginal Peoples, and regional administrations including the Manitoba Keewatinowi Okimakanak and the Atlantic Policy Congress of First Nations Chiefs. Membership included chiefs from nations such as the Haida Nation, Mohawk Nation Council of Chiefs, Anishinabek Nation, and Tłı̨chǫ Government; leaders from the Métis National Council; Inuit representatives from Nunavut Tunngavik Incorporated; legal advisers from Native Council of Canada; and observers from provincial premiers like those of British Columbia and Ontario. Non-Indigenous participants included delegates from the Prime Minister of Canada's office, members of the House of Commons of Canada, senators from the Senate of Canada, and representatives of the Canadian Human Rights Commission.
Proceedings featured plenary sessions, breakout negotiations, and legal drafting workshops referencing precedent such as the Royal Proclamation of 1763 and treaties like Treaty 6. Notable events mirrored formats used in forums like the National Round Table on the Environment and the Economy and included testimony from elders associated with the Powwow tradition and cultural protocols observed by delegations from the Squamish Nation and Tsilhqot'in National Government. Panels included scholars from Harvard Law School and University of Ottawa, comparative presentations about indigenous constitutions from the Sámi Parliament in Norway, the Māori King Movement, and treaties in the United States such as those involving the Cherokee Nation. Procedural disputes recalled dynamics from the Ipperwash Crisis and the Gatineau consultations.
The Convention produced resolutions endorsing principles of nation-to-nation negotiation, models of fiscal relations similar to those in the Atlantic Accord, and calls for constitutional amendments akin to proposals from the Royal Commission on Aboriginal Peoples. Declarations referenced ancestral title recognized in Tsilhqot'in Nation v British Columbia and urged implementation of the United Nations Declaration on the Rights of Indigenous Peoples through Canadian instruments. The Convention recommended negotiating mandates for self-government agreements comparable to the Nisga'a Treaty, proposed dispute-resolution mechanisms informed by the Supreme Court of Canada jurisprudence, and called for frameworks to address resource revenue sharing like arrangements in the Nunatsiavut Government.
Politically, the Convention influenced policy discussions in the offices of the Minister of Indigenous Services (Canada) and the Minister of Crown–Indigenous Relations. It shaped parliamentary debates in the House of Commons and prompted consideration by provincial cabinets in Alberta, Saskatchewan, and Quebec. Legally, the Convention informed litigation strategies in cases such as those before the Supreme Court of Canada and guided submissions to bodies like the Inter-American Court of Human Rights. Its outputs fed into treaty negotiations with entities such as the British Columbia Treaty Commission and proposals advanced by the Truth and Reconciliation Commission of Canada.
Critics included leaders aligned with the Congress of Aboriginal Peoples, commentators from publications like the Globe and Mail, and some provincial premiers who argued about jurisdictional overreach. Controversy paralleled debates seen in responses to the Meech Lake Accord and concerned fears raised by groups such as Task Force on Aboriginal Land Claims-affiliated critics. Legal scholars from institutions like the University of Alberta and advocates associated with the Canadian Constitution Foundation questioned practical enforceability and compared outcomes to international disputes adjudicated by the International Court of Justice. Disputes over representation echoed earlier tensions involving the National Indian Brotherhood and the Métis National Council.
Category:Indigenous politics in Canada