Royal Commission on Aboriginal Peoples
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| Royal Commission on Aboriginal Peoples | |
|---|---|
| Name | Royal Commission on Aboriginal Peoples |
| Formed | 1991 |
| Dissolved | 1996 |
| Jurisdiction | Canada |
| Chair | Gérard La Forest; Bertha Wilson; George Manuel (elder statesmen) |
| Commissioners | Gérard La Forest, Bertha Wilson, George Manuel; Wilton Littlechild; Mary Simon |
| Report | 1996 final report |
| Key document | Final Report of the Royal Commission on Aboriginal Peoples |
Royal Commission on Aboriginal Peoples was a Canadian royal commission established in 1991 to investigate longstanding issues affecting First Nations in Canada, Inuit, and Métis communities and to recommend structural reforms to federal relations. The commission conducted extensive public hearings, community visits, and research across provinces and territories including Nunavut, British Columbia, Ontario, and Quebec, producing a comprehensive final report in 1996 that influenced discussions in the House of Commons of Canada, Privy Council Office, and among Indigenous organizations such as the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council.
Background and Establishment
The commission was created amid high-profile events including the 1990 Oka Crisis, the constitutional debates over the Meech Lake Accord and the Charlottetown Accord, and rising activism by Indigenous leaders like Ovide Mercredi and Phil Fontaine. Prime Minister Brian Mulroney announced the inquiry to respond to demands from Indigenous groups such as the National Indian Brotherhood and to address issues raised during negotiations with provincial premiers including Ralph Klein and Jean Charest. The mandate reflected concerns expressed in reports like those by Tommy Douglas era commissions and echoed recommendations from inquiries such as the Royal Commission on Bilingualism and Biculturalism and the Trudeau Commission historical practices.
Mandate and Terms of Reference
The commission was charged by the Governor General of Canada to study the relationship among Indigenous peoples, federal institutions including Indian and Northern Affairs Canada, and provincial authorities like the Government of Ontario and Government of Quebec. Terms referenced historical instruments such as the Royal Proclamation of 1763, treaties like the Treaty of Niagara (1764) and the Numbered Treaties, and legal frameworks including decisions of the Supreme Court of Canada such as R v Sparrow and Delgamuukw v British Columbia. Commissioners were empowered to recommend constitutional, legislative, and administrative reform, and to advise on rights affirmed in the Canadian Charter of Rights and Freedoms.
Investigations and Hearings
The commission conducted over 200 days of hearings and visited hundreds of communities including Attawapiskat, Knox Lake, Iqaluit, and Nanaimo. Witnesses included Indigenous elders like George Manuel, activists such as Shirley Horn, legal scholars from institutions like the University of Toronto Faculty of Law and the University of British Columbia, leaders from tribal councils such as the Nisga'a Nation and the Tsilhqot'in Nation, and officials from the Department of Justice (Canada). The research staff drew upon archival material from the Library and Archives Canada, historical texts including works by John A. Macdonald era chroniclers, and comparative studies referencing inquiries like the Mabo case in Australia and truth commissions such as the Truth and Reconciliation Commission of South Africa.
Findings and Recommendations
The 4,000-page final report concluded that relationships were shaped by historical policies including the Indian Act and residential school systems overseen by religious orders such as the Roman Catholic Church and the United Church of Canada. The commission recommended a new nation-to-nation framework involving Indigenous constitutions, a restructuring of federal departments, and measures to address land claims like those pending with the Inuvialuit Settlement Region and the James Bay and Northern Quebec Agreement. It urged mechanisms for self-government modeled on agreements such as the Nisga'a Final Agreement and referenced judicial remedies apparent in cases like R v Van der Peet.
Implementation and Government Response
Initial responses came from successive federal administrations including those led by Jean Chrétien and ministers such as Tommy Douglas's successors and Elijah Harper's contemporaries in Parliament. The Government of Canada released action plans on areas like health delivery with partners such as Health Canada and made funding commitments through departments including Indian and Northern Affairs Canada and the Department of Justice (Canada). Several recommendations influenced negotiation frameworks that produced agreements like the Nunavut Land Claims Agreement and amendments to legislation, though comprehensive adoption of the commission's proposals required protracted provincial and territorial consultation involving governments of Alberta, Manitoba, and Saskatchewan.
Impact and Legacy
The commission reshaped public discourse, informing institutions such as the Supreme Court of Canada and scholarly work at the University of Manitoba and University of Calgary. Its emphasis on reconciliation contributed to later initiatives including the establishment of the Truth and Reconciliation Commission (Canada) and influenced policy dialogues in international forums like the United Nations Permanent Forum on Indigenous Issues. Educational curricula at institutions such as Ryerson University and cultural programs at museums like the Canadian Museum of History integrated commission findings into exhibits and courses, while Indigenous governance models gained traction among nations including the Haida Nation and the Mi'kmaq.
Criticism and Controversies
Critics from political figures including some provincial premiers argued the commission overreached, while scholars debated feasibility against fiscal policies overseen by finance ministers such as Paul Martin. Some Indigenous leaders contended the recommendations did not fully address urgent social harms highlighted in communities like Grassy Narrows and disputed implementation timetables negotiated with entities such as the Assembly of First Nations. Legal commentators contrasted the commission's proposals with court-driven remedies in cases like Tsilhqot'in Nation v British Columbia, and activists questioned the extent of follow-through under administrations of Stephen Harper and later cabinets.