June 5, 2001
Honourable Robert Nault
Minister of Indian Affairs and Northern Development
21st Floor, Suite 2100
10 Wellington Street
Hull, Quebec
K1A 0H4
Dear Minister Nault:
RE: RESOLUTION 03/01 - CONFIRMATION OF INHERENT RIGHTS
Please find attached a copy of Resolution 03/01 passed at the Special
Chiefs Assembly in Ottawa on May 1 & 2, 2001. This was the same
meeting you attended to share your thoughts and answer questions
on the proposed First Nations Governance Act.
The Resolution does not deal directly with the Governance Bill.
There is another Resolution on the Bill, which I will deal with
under separate cover. Resolution 03/01 deals with the general topic
of the inherent right of self-government and asserts a very positive
First Nation position, based on original entitlements gifted by
the Creator and protected by the Treaties. Against this background,
the Resolution expresses real concern with the federal document
entitled, “Canada’s Approach to Dealing with Section
35 Rights”. The document was apparently leaked and has been
in circulation for at least a couple of months. It takes a restrictive
and adversarial approach to the inherent right, as understood by
First Nations.
The Chiefs-in-Assembly are requesting an immediate clarification
of the federal position on the inherent right, and First Nation
rights in general. The Resolution makes it clear that many First
Nation governments and organizations in Ontario may be uncomfortable
continuing negotiation sets with Canada unless a suitable clarification
is obtained. The Resolution calls for a federal response by June
1. This timing is no longer feasible. However, on behalf of the
Chiefs, I would appreciate a substantive response some time before
the All Ontario Chiefs Conference (AOCC) of June 26-28 in the Walpole
First Nation territory. The nature of this response may affect discussions
at the Assembly on related matters, such as the proposed First Nations
Governance Act.
I look forward to your reply. In the meantime, I encourage your
officials to contact my office if any further background is required
on the Resolution.
Sincerely,
CHIEFS OF ONTARIO
Charles D. Fox
Regional Chief
Enclosure
c.c. Ontario Political Confederacy
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