Law & Justice

File contains a presentation by Gordon F.D. Wilson, Leader of the Official Opposition of British Columbia. He believes that the principle of Aboriginal self-government should be entrenched with the Canadian Constitution, and accomplished through negotiation, not litigation. Wilson also calls for commissions that will examine Aboriginal health care and social justice issues. He acknowledges problems relating to Aboriginal people living off-reserve should be considered by the Commission.

This file contains a presentation by Gordon Labillois focusing on self-government and a vision of the future for the Micmac Nation. The presenter outlines a plan for local government that recognizes the competitiveness of his community and our people, and would reflect the realities of the market-driven economy. Labillois provides a "Native Mission Statement" that provides the vision and focus required for self-government at the national, regional and community levels. A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Greta Gunner. Gunner discusses her concerns about the treatment of Aboriginal women and the prejudices they face. Although originally scheduled to discuss her concerns on education, she felt "moved to talk and to speak on behalf of Native women and that the views that I express today are my own views, that I do not speak on behalf of the Native Women's group." She states that "as native women we not only suffer oppression by the white society, but we also [suffer] oppression by our own men" then goes on to discuss the barriers Aboriginal women face.

File contains a presentation by Harold Joe. He discusses land claims in the area and his own familiy's participation in the land rights struggle. Joe also refers to a legal paper he has given to the Commissioners. Commissioners Chief Percy Joe and Dussault thank Harold Joe for his contribution.

File contains a presentation by the Honourable Paul Connolly, Minister Responsible for Native Affairs, PEI. Connolly expresses his government's support for the principles of Aboriginal self-government, and the reality of large off-reserve populations and their implications for provincial governments. He also expresses support for three way talks between the Federal, Provincial, and Aboriginal governments to define self-government and resolve jurisdictional issues.

File contains a presentation by James Zion. Zion, an American Navajo lawyer, discusses European colonial powers efforts to come to terms with Aboriginal law and governance institutions in the New World as it pertains to the question of "Would a separate Aboriginal justice system mean a single system or would it be composed of many systems?" Zion also discusses some of the Aboriginal justice systems in place within the Navajo Nation, and the United States generally.

File contains a presentation by Jeremy Weber, Faculty of Law, McGill University. Weber presents a paper which is a response to "many common Native objections to parallel systems of Aboriginal justice, especially objections expressed by Non-Aboriginal Canadians." Much of Weber's presentation deals with differing conceptions of cultural, and individual vs. collective rights.

File contains a presentation by Joe Major of the Southern Ontario Metis and Aboriginal Association focusing on health and justice issues and sport and recreation. He introduces the next speaker, Agnes Lidstone.

File contains a presentation by John Dantouze, Prince Albert Tribal Council. Dantouze presents on behalf of Saskatchewan's three Denesuline nations with regard to their Treaties (Number Eight and Number Ten) and their court case against the federal government. The case centred around the negotiations between the government and the Inuit to create Nunavut, and the Dene argued that their traditional territories were being unfairly partitioned and given away to the new territory.

File contains a presentation by John Giokas, Barrister and Solicitor, Consultant, Federal Government on Aboriginal Justice and Self-Government Issues. Giokas presents his ideas on how a new order is emerging in Canada with respect to justice, and how we can expect new power sharing arrangements to arise.

The file contains a presentation by John Moore. Moore discusses his conviction for murder under a repealed section of the criminal code of Canada, how he is innocent and feels his conviction contradicted his rights as an Aboriginal person, and how he would like to be exonerated. Moore also references several other high profile cases of wrongful conviction in Canada. Following the presentation Commissioner Dussault comments on the issues raised.

File contains a presentation by John Stewart. Stewart, a member of the Youth Justice Committee, discusses youth justice concerns particularly with regard to young Metis children. Stewart asks that funding be provided to treat these children in the community rather than sending them away to jails. Following Stewart's presentation is a discussion between Stewart, Chief Tony Mercredi, and Commissioners Chartrand and Blakeney on youth justice issues.

File contains a presentation by Jonathan Rudin. who's a member of Aboriginal Legal Services of Toronto, discusses his organizations work with Aboriginal people in the urban context and some of the concerns facing them. Rudin then goes on to discuss the community based approach to justice that ALST has developed to address some of these issues.

This file contains a presentation by Joy Fontaine, Todd Ducharme, Jonathan Rudin and Cliff Summers that first gives a brief history of their organization, now serving 70,000 Aboriginal residents in Toronto, Ontario. Legal programs provided are the Native Criminal, Family and Young Offender Courtworker program, the Native Inmate Liaison program and the Aboriginal Justice Counsellor Training Program.

File contains a presentation by Kathy Martin addressing the need for Aboriginal women to be equal participants in the political, social, economic, legal and education systems. Martin also discusses the justice system and believes that Aboriginals "have the right to form our own justice system."

File contains a presentation by Kenneth Emberley. Emberley briefly discusses the Oka Crisis, then presents on the connection between being an administered people and many of the social ills plaguing Aboriginal communities. Emberley then presents a series of ideas on imping the Land Claim process, preserving Aboriginal rights, the need for a whistle-blower's law, and dealing with the legacy of residential schools. The remainder of the presentation deals with world affairs and resource use as the presenter thinks they pertain to the goals of Aboriginal peoples.

File contains a presentation by Chief Jean-Guy Whiteduck of the Kitigan Zibi Anishinabeg Council. Whiteduck discusses a variety of issues concerns, foremost of which are land and land claims. Whiteduck also discusses hunting and fishing rights, past exploitation of resources, Bill C-31, education (including post-secondary) concerns, language loss and assimilation, health services, and justice issues (including courts, Native courts, and policing). Following the presentation Whiteduck discusses some of these issues with the assembled Commissioners.

File contains a presentation by Lexine Phillips, Ktunaxa/Kinbasket Tribal Council, Land and Resources Department. Phillips discusses Constitutional issues, particularly with reference to self-governance and the "no" vote in the nationwide Charlottetown Accord referendum. Phillips then makes a series of recommendations to the Commission with respect to land rights, assistance, education, and associated economic concerns.

File contains a presentation by Sophie Pierre, Ktunaxa/Kinbasket Tribal Council. Pierre discusses a variety of issues in a general fashion on behalf of the Tribal Council including: justice concerns, housing and capital programs, the Council's wellness program, economic development, and fiscal arrangements in existence between the Tribal Councils and the federal government.

This file contains a presentation by Larry Chartrand and Troy Chalifoux of the Indigenous Law Program at the University of Alberta. Chartrand wonders if "my promoting the virtues of a legal education to Aboriginal students is essentially promoting Aboriginal society, or are we promoting the continued subjugation of Aboriginal people by the European-based colonial powers?"

File contains a presentation by Laurie Moyes that calls for more Aboriginal people to be employed in all areas of the criminal justice system, more cross-cultural workshops for police and non-Aboriginal criminal justice employees. Following the presentation is a question-and-answer session with the Commissioners.

This file contains a presentation by Lawrence Coutreille and Jeffrey Rath relating to broken treaties. They state that Fort McKay is 20 kilometers from the two biggest oil-sands in Canada, yet half the community does not have water and sewer, adequate roads and infrastructure. The speakers say that treaty promises have been broken and cite a number of Canadian court cases that favored Aboriginals. A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Leonard Mandamin. He discusses the nature of the justice system in Canada, the cultural diversity of Aboriginal peoples, and the problems with the term "system," the history of European legal systems relationship with Aboriginal justice, and discusses various models used in the United States, Australia, Canada, and closes by stating that "it is not a question of a unified system or of separate Aboriginal systems...It is a matter of recognizing existing authority and human rights."

File contains a presentation by Lillian Sanderson. Sanderson presents her views on the condition of Aboriginal people in the north. Throughout her presentation she critiques the actions of multinational companies and governments in their dealings with Aboriginal people. Specific points of grievance include resource exploitation with little benefit to the people of the area, unfair treatment from the justice system, trappers being abused by the forestry industry, and a lack of investment in community development and social spending.

File contains a presentation by Linda Andersen focusing on legal resources for Aboriginal people in Labrador. She provides a history of her organization and states its purpose is to assist Aboriginal people in their dealings with the justice system. Andersen calls upon the Commission to ensure that funding from the Native Court Worker Program continues so that her organization can establish programs for young offenders to attempt to lower the rate of recidivism. Following the presentation is a question-and-answer session with the Commissioners.

File contains a presentation by Lorraine Land, Harry Kitts, of Citizens for Public Justice. Land and Kitts discuss their organizations recently released book entitled "Nation to Nation, Aboriginal Sovereignty and the Future of Canada." Land describes how the book is pertinent to the Commission in attempting to "look at the challenges of arising from discord and mistrust between our peoples toward a relationship that is based more on reconciliation and respect for one another."

File contains a presentation by Louis-Edmond Hamelin, Specialist on Aboriginal Matters. Hamelin discusses the concept and the history of the term "aboriginal" in the English and French languages. Hamelin then discusses Aboriginal culture and land claims processes. Following the presentation Commissioner Dussault thanks Hamelin. Page 152 is missing.

File contains a presentation by Lucien Taparti who's an Elder and Chairperson of the local Elders' organization, discusses how Elder and hunters' concerns are often neglected while those of people who own businesses are addressed by government. He states that their is a knowledge gap of traditional Inuit culture among youth which should be addressed. Taparti discusses the local Elders organization, his work-related disability, and concerns with the justice system and the role Elders can play.

File includes a presentation by Chief Gilles Bacon and Councillor Raoul Vollant of the Maliotenam Band Council. Chief Gilles Bacon makes a very brief statement welcoming the Commission and expressing happiness about recent elections.

File contains remarks by Marg Beament, Norsask Native Outreach. Beament describes the work of her organization which is intended to facilitate employment and training for northern residents (both Aboriginal and Non). Beament describes some of the problems her organizations field workers commonly encounter in northern communities including: poor self-esteem and lack of confidence, little or no employment history, lack of personal support, little training or education history, family problems, lack of transportation, lack of childcare, lack of quality housing, and lack of justice services.

File contains a presentation by Margaret Teneese, of the Shuswap Indian Band. Teneese discusses some of the problems faced by people in her Band, primarily in the social sphere. She discusses concerns with sexual abuse, the justice system, and the need to return to traditional culture and language. Following the presentation Commissioner for the day Lexine Phillips thanks Teneese for her thoughts.

File contains a presentation by Mary Ellen Arnup, Research Officer, Office of the Chief Medical Examiner, Province of Alberta. Arnup presents statistical information on the prevalence of unnatural deaths in the Aboriginal communities of Alberta due to alcohol or drug abuse with relation to the rate in the non-Aboriginal community. Arnup presents her findings. Following the presentation Arnup and preceding presenter John Butt discuss their findings with Commissioners Blakeney and Chartrand.

File contains a presentation by Mary Veltri focusing on the delivery of Aboriginal legal services in the District of Thunder Bay, Ontario. Veltri's organization has been very successful in assisting Aboriginal people with legal issues, and believes that other communities in northern Ontario could benefit from the same services her organization provides. Following the presentation is a question-and-answer session with the Commissioners.

File contains a presentation by Mary Wiegers, President, Provincial Metis Women of Saskatchewan. Wiegers highlights her concerns with the notion of Metis self-governance in Saskatchewan. She is highly critical of how Metis institutions have been functioning in the province, and argues that self-governance as things are currently consituted will lead to abuses by the Metis leadership. Wiegers highlights examples of electoral fraud, and undemocratic behaviour within the Saskatchewan Metis organization.

File contains a presentation by Maureen Sager, Environmental Coalition. Sager states that she did not realize she would be on the agenda at the hearing, then goes on to outline the views of her group on First Nations issues in a brief presentation. She discusses their interpretation of Canadian history, the need for new negotiations between Canada and First Nations on a nation-to-nation basis, environmental issues regarding the local pulp mill, and why her organization feels the ongoing Constitutional talks (at the time of the presentation) were inadequate.

File contains a presentation by Max "One-Onti" Gros-Louis, Former Grand Chief of the Huron-Wendat Nation. He discusses his own personal history, and the history of his people with reference to Aboriginal rights, constitutions, and ill treatment by the federal and provincial governments. Gros-Louis discusses the dispossession of Huron lands and harassment of traditional resource harvesters by government officials. Following his presentation the Commissioners make some comments.

File contains a presentation by Maxwell Yalden, Commissioner of the Canadian Human Rights Commission, regarding his organizations past advocacy on behalf of Aboriginal peoples (including its support for the creation of the Commission), a universalist approach to Charter of Rights and Freedoms rights, his view that the Charter is complimentary to collective Aboriginal rights, the need to redress and relieve discrimination and abuses against Aboriginal Canadians, the importance of acting now with regards to Aboriginal issues rather than later.

The file contains a presentation by Mayor Clifford G. Branchflower, City of Kamloops. Mayor Branchflower discusses his views on Aboriginal self-government, how he sees the need for a flexible approach, and the history of his municipalities relationship with the Kamloops Indian Band. Following the presentation Commissioner Mary Sillett discusses some of the issues raised with Mayor Branchflower and Moderator Bob Manuel.

File contains a presentation made by Senator Vital Morin for the Métis Society of Saskatchewan on the topic of the justice system pertaining to native communities. Also contained are comments and questions from the assembled Commissioners and those of the Commissioner-of-the-Day.

This file contains a presentation by Michelle Swenarchuk that describes her organization as both an environmental group and a legal aid clinic under the Ontario Legal Aid Plan. She states there is a history of misuse of Aboriginal lands for dumping waste, which may pose serious health issues for those Aboriginals living near these dumping sites. The speaker discusses the potential negative impact of the North American Free Trade Agreement (NAFTA) on Aboriginal lands and Aboriginal government. A question-and-answer session with the Commissioners follows the presentation.

File contains a presentation by Mike Cardinal. Cardinal, who is area supervisor for Native Counselling Services in High Level, discusses what his organization is and relates its history. Cardinal then discusses the organizations programming, particularly with relation to the justice system. Following the presentation is a discussion between Cardinal, Robinson, Dussault, and Beaulieu with regard to Native Counselling Services.

File contains a presentation by Professor Patrick Macklem. He discusses the Consitutional possibilities for handing over jurisdiction in justice affairs to Aboriginal communities.

File contains a presentation by Paul Doxtator. Doxtator discusses justice and penal issues. Doxtator makes a series of recommendations to improve the penal system for Aboriginal people involving financial resources and programming. Following the presentation the assembled Commissioners discuss some of the issues raised with Doxtator.

File contains a presentation by Pauline Lewis, a Micmac woman from the Eskasoni First Nation. Lewis discusses her experience with the Indian Act and Bill C-31, having been re-listed to the Band in 1991. She discusses spousal abuse, provincial-federal jurisdictional issues in criminal law, and her part in a National Film Board presentation. Following the presentation is a comment from Commissioner Georges Erasmus.

File contains a presentation by Peter Brook, Executive Director of the Prince Albert Tribal Council. Brooks asks the Commission if it is prepared to undertake a special investigation into ongoing land claims disputes involving three Dene nations in northern Saskatchewan and the Northwest Territories which the Prince Albert Tribal Council represents.

File contains a presentation by Peter Haavlik, Director, Treaty Eight Tribal Association. Haavlik discusses his organizations views of Treaty Eight and the ongoing land claims and self-government process its members are engaged in with the Federal government. He makes a series of recommendations to fix problems he sees with the process as it is currently ongoing in British Columbia, one of which is to copy positive aspects of the Saskatchewan government's Treaty Land Entitlement process. Following the presentation Commissioner Erasmus discusses some of the issues raised with Havlik.

File contains a presentation by Peter Owl. Owl discusses the history of a specific land claim that his Sigma-Anishinabe First Nation is involved in in "the Hudson Bay lands" of the North Shore area of Espanola and Bine River, Ontario. Following his presentation Commissioners Wilson and Sillett discuss the claim with Owl.

The file contains a presentation by Peter Paradis. Paradis, a Staff Counselor at Newberry House (a half-way house), discusses the mandate direction of the Royal Commission, action plan suggestions and implementation, and the relationship between the Royal Commission, the Canadian State, and the political process. Following Paradis' critique, Commissioners Dussault and Sillett respond to some of the points he raises. Following this is a closing prayer to convene the day's sitting of the Commission.

File contains a presentation by Phil Fontaine (at the time the Grand Chief of the Assembly of Manitoba Chiefs) regarding a wide range of topics including the Commission's mandate, Treaty issues, residential schools, justice reform, self-government, and resources. Following the presentation is a wide ranging discussion between Chief Fontaine and the Commission members on topics raised in the presentation.

This file contains a presentation by Phyllis Fisher relating to the use of violence towards Canada's First Peoples, historical and present day. The Canadian Friends Service Committee, a Quakers committee, have previously assisted the Innu in Labrador, the Lubicon in Alberta and were present at the Oka Crisis. The presenters make numerous recommendations, including the establishment of an environmental process that will adequately protect the land, environment and wildlife; and that public policy and funding must give preference to renewable resource development over non-renewable resources.