Report of the Royal Commission on Aboriginal Peoples

Report of the Royal Commission on Aboriginal Peoples
Name	Report of the Royal Commission on Aboriginal Peoples
Caption	Cover of the five-volume report
Date	1996
Commissioners	Commissioners
Jurisdiction	Canada
Outcome	Five-volume report with 440 recommendations

Report of the Royal Commission on Aboriginal Peoples The Report of the Royal Commission on Aboriginal Peoples was a comprehensive five-volume inquiry published in 1996 that examined relations between Indigenous peoples of Canada, the Crown, and settler societies following events such as the Oka Crisis, Meech Lake Accord, Charlottetown Accord, and the Numbered Treaties. Commissioned after debates involving Brian Mulroney, Jean Chrétien, Pierre Trudeau, and leaders such as Ovide Mercredi and Ronald Derrickson, the report proposed wide-ranging reforms across institutions including Indian Act, Assembly of First Nations, Métis National Council, Inuit Tapiriit Kanatami, and provincial bodies like Government of British Columbia and Government of Ontario.

Background and establishment

The Commission originated amid tensions after the Oka Crisis and the collapse of the Meech Lake Accord, prompting the federal cabinet of Brian Mulroney to appoint the Royal Commission in 1991 with commissioners drawn from across Canada including leaders connected to Assembly of First Nations, Inuit Tapiriit Kanatami, and academia such as scholars linked to University of Toronto, University of British Columbia, McGill University, University of Alberta, and Dalhousie University. The Commission held hearings in capitals including Ottawa, Winnipeg, Vancouver, Yellowknife, St. John’s, and Indigenous communities like Six Nations of the Grand River, Kahnawake, Nisga'a, Kluane First Nation, and Inuit communities of Nunavut. Its establishment referenced instruments such as the Constitution Act, 1982, the Canadian Charter of Rights and Freedoms, and historic agreements like the Jay Treaty and the Royal Proclamation of 1763.

Mandate and inquiry process

Mandated by the Order in Council, the Commission investigated constitutional, legal, and social relationships among entities including Parliament of Canada, the Supreme Court of Canada, provincial legislatures such as Legislative Assembly of Alberta, municipal councils including City of Toronto Council, and Indigenous institutions like Nisga'a Treaty proponents and Treaty 8 signatories. The process combined public hearings, research involving archives such as the Library and Archives Canada, consultations with organizations including Native Women's Association of Canada, Indian Residential Schools Settlement Agreement stakeholders, and cross-jurisdictional study with partners like United Nations, World Bank, and comparative studies referencing Treaty of Waitangi and Australia Aboriginal Affairs. Commissioners reviewed testimonies from notable figures including Powell River, Phil Fontaine, Ovide Mercredi, Mary Simon, and representatives of Métis National Council and local bands.

Key findings and recommendations

The report concluded that relationships rooted in historic processes such as the Royal Proclamation of 1763 and Numbered Treaties required fundamental change, recommending structural reforms involving the repeal or overhaul of the Indian Act, the creation of a new Aboriginal self-government framework, the establishment of a federal Aboriginal commission akin to institutions like the Truth and Reconciliation Commission (Canada), and mechanisms for land claims resolution inspired by agreements such as the Nisga'a Final Agreement. It urged funding changes involving federal departments including Department of Indian Affairs and Northern Development (now Crown–Indigenous Relations and Northern Affairs Canada) and social program reform involving agencies like Health Canada and Indigenous Services Canada. The report proposed models for economic development referencing the James Bay and Northern Quebec Agreement, cultural revitalization aligned with organizations such as Canadian Museum of History, and educational reforms connected to post-secondary institutions like First Nations University of Canada.

Impact and implementation

Following publication, federal leaders including Jean Chrétien and subsequent ministers engaged with recommendations, resulting in policy moves such as renewed treaty negotiations exemplified by the Nisga'a Treaty, institutional changes toward Nunavut creation and governance mechanisms linked to Nunavut Act and the Nunavut Land Claims Agreement Act, and the later establishment of the Truth and Reconciliation Commission (Canada) after the Indian Residential Schools Settlement Agreement. Provincial responses varied from programs in British Columbia and Manitoba to litigation reaching the Supreme Court of Canada in cases like Delgamuukw v British Columbia and R v Sparrow, which influenced jurisprudence on Aboriginal rights and informed implementation efforts by institutions such as Canada Revenue Agency and provincial ministries.

Reception and criticism

Reactions ranged from praise by advocacy groups including Assembly of First Nations, Native Women's Association of Canada, and leaders such as Phil Fontaine and Ovide Mercredi to criticism from political figures associated with Progressive Conservative Party of Canada and provincial premiers like those of Alberta and Saskatchewan who questioned costs and feasibility. Legal scholars at McGill University and Osgoode Hall Law School debated proposals against precedents such as Constitution Act, 1867 and municipal law, while commentators in outlets like The Globe and Mail, National Post, and CBC Television assessed political implications. Indigenous leaders and organizations critiqued aspects including timelines, resource allocations, and the pace of treaty negotiations, while conservative commentators emphasized fiscal impacts vis-à-vis federal budgets and institutions like the Privy Council Office.

Legacy and ongoing relevance

The report remains central to contemporary debates involving institutions such as Crown–Indigenous Relations and Northern Affairs Canada, Indigenous Services Canada, and the Supreme Court of Canada. Its recommendations influenced the creation of Nunavut, the evolution of jurisprudence in cases like Haida Nation v British Columbia (Minister of Forests), and ongoing policy reforms including discussions of Aboriginal self-government frameworks, treaty modernization, and reconciliation processes reflected in initiatives by Parks Canada, Canada Mortgage and Housing Corporation, and post-secondary research centers at University of British Columbia and University of Toronto. The report continues to be cited in legislative debates in House of Commons of Canada, provincial assemblies, and in international forums such as United Nations Declaration on the Rights of Indigenous Peoples discussions, underpinning activism by organizations like Idle No More, Métis National Council, Inuit Tapiriit Kanatami, and community-level governance across reserves, band councils, and tribal councils.

Category:Royal commissions in Canada