We are original inhabitants of this land. We were placed here by the Creator and were given many responsibilities and duties in terms of how to live and how to interact with Mother Earth and all of her inhabitants. For thousands of years we lived in harmony on this continent without any contact or interference from other peoples or governments. These are very basic facts upon which our inherent rights to self-government are based. We are sovereign peoples and we always have been.

Across the continent many different First Nations exist, each with their own spirituality, territory, language and culture. Despite these fundamental differences, however, we share many similarities, particularly in terms of how we view our original relationships with Canada. For example, when European settlers first arrived on our lands , we acted in accordance to live with each other in friendship and peaceful co-existence. We acknowledge each other as sovereign nations and many of us entered into agreements, or treaties, with the European government in order to establish and define our relationships more clearly. It is important to remember, however, that none of these treaties stated that we were relinquishing, diminishing or extinguishing our inherent rights to govern ourselves and our futures.

Our original nation-to-nation relationships and treaty agreements have never been repealed, abandoned or forgotten. They must therefore continue to exist today. Any assertions by Canada that state otherwise can only be based upon a systematic process of false and racist assumptions. We need mind to remind ourselves of this fact and state it clearly whenever Canada attempts to block First Nations in the implementation of our inherent rights. We already possess full powers to govern and control ourselves, our lands and our resources - it is time that we took action to ensure that this time reality is reflected in our communities.

As First Nations citizens, we hold unique visions of the world in which we live. In every aspect of our lives we turn to our spirituality and teachings for guidance and direction. The way in which we interact with Canada and participate in any federal, provincial and/or territorial processed should not be considered any differently. Therefore, when we find ourselves sitting at the same table with Canadian Governments discussing our future, the most important thing that we can do is remember First Nations and ensure that we are always guided by the fundamental principles of all things that are important to us.

Inherent Rights and First Nations' Relationship with Canada:

For many years now there has been a great deal of discussion regarding the existence of our inherent right to self-government as well as various processes for their implementation in First Nations communities. Previously we have concentrated our efforts on such things as law reform, localized self-government agreements to the Canadian Constitution, including the discussion

and debates regarding the 1982 partition, the Meech Lake Accord and the Charlottetown Accord. More recently, many of the debates regarding our inherent rights to self-government have been focused outside the constitutional forum.

All of these various approaches to discussing the existence and/or implementation of our inherent rights appear on first glance to be quite different. On closer examination, however, they

are actually very similar. In particular, all of the processes have been initiated and controlled by the federal and provincial governments of Canada. First Nations have continuously participated in these initiatives; however, we have never fully examined and discussed the possible implications of our participation, and in particular, how our abilities to fully assert our rights to self-government and sovereignty might be affected.

Today the only apparent result of all of our discussions with Canada is a superficial recognition of our inherent rights to self-government by the federal government and a few provincial and territorial governments. In particular, the federal government has stated that while it is willing to recognize the existence, or Asource, of our inherent rights to self-government, we must negotiate with Canada the Acontent of these rights before they can be implemented. Several provincial governments appear unwilling to go even this far and are now retreating from their previous commitments to acknowledge that our rights are inherent rights. The end result is that rather than working with First Nations to improve and define our relationships with one another, Canada is attempting to limit, erode and deprive us of the rights that have always been ours. By continuing to participate in Canada's processes and by no t attempting to take control of the overall framework in which our inherent rights are being debated, First Nations are essentially allowing this destruction and erosion of our rights to occur.

Many of the difficulties that First Nations have faced in discussions with the federal and provincial governments are directly related to the existing Canadian constitutional framework. For example, although our existing Aboriginal and Treaty rights are Arecognized and affirmed in section 35 of the Constitution Act, 1982, the division of powers listed in sections 91 and 92 of the Constitution Act, 1867 continue to be used as a means of limiting our ability to implement and exercise our inherent rights. Sections 91 and 92 divide all Canadian constitutional powers between the federal and provincial governments. Under these headings, the federal government has constitutional authority to legislate in regards to AIndians and lands Reserved for Indians and the provincial government have authority in regards to Crown lands and resources.

The federal-provincial constitutional division of powers has been used in several ways tp impede the recognition and implementation of First Nations' inherent rights. For example, both federal and provincial governments use these provisions as a means of shifting the responsibility for particular subject matters to the other level of government. The overall effect is that First Nations are often left with neither the federal nor provincial government willing to take responsibility and discuss these issues with them. Secondly, the division of powers id often used as a means of limiting the rights and jurisdictions that would be available to First Nations within a Canadian constitution framework. For example, the federal government's section 91(24) authority with respect ti Indian and Indian lands is used to support an argument that only the federal government can have authority to govern First Nations. Furthermore, both levels of government state that First Nations cannot have full rights to self-government because the Canadian constitution had already divided all available powers and authority between the provincial and federal governments and there is therefore nothing left for First Nations.

Of course there are many arguments to the contrary that could be made by First Nation in terms of the intent and interpretation of the Canadian constitution. However, the point of all of

this discussion is that we cannot realistically expect to find answers to our problems in another nations's constitution - this is not what constitutions are designed to do and the judges and politicians who hold the powers to interpret the constitutions are not about to change this system. In addition, by pursuing constitutional recognition of our inherent rights, there is s risk that First Nations could effectively be brought within the framework of the Canadian constitution and therefore be subject to all of the overriding jurisdictional authority of both the federal and provincial governments.

Past and present experience tells us that First Nations' participation in processes established by the federal, provincial and territorial governments of Canada results in very little progress in terms of the actual implementation of our inherent rights. However, despite this limited progress, the majority of First Nations continue to turn to Canadian policy and legal frameworks as models for change. What we seem to be afraid of admitting to ourselves is that we cannot look to Canadian systems for freedom from the problems and oppression that we have experienced with Canada.

Strategies and Alternatives: Future Relations with Canada

Currently across Canada there are a variety of regional processes under way in which many First Nations are participating. For example, British Columbia has a treaty-making process; Saskatchewan has a bilateral mechanism; Manitoba is focusing on the dismantling of Indian and Northern Affairs; Ontario has a trilateral process; Nova Scotia has a beneficiaries project in which the Mi'Kmaq Nation is being self-identified and the Yukon and Northwest Territories have a comprehensive claims process. Each of these processes comes with its own framework and agenda and its own framework and agenda and its own set of recognized participants.

To some First Nation, these mechanisms may be useful and effective in terms of achieving recognition and/or the implementation of their inherent rights. Others may only be using the processes to realize their short-term goals while they concentrate on developing their long-term visions. Some First Nations may be ignoring these initiatives all together, having decided that they do not allow the First Nations to move in its desired direction. Other First Nations may only be participating in these processes because they are afraid of missing out on what appears to be the only mechanism for change.

The overall impression is that a lot of initiatives are under way across this land but nobody seems to be entirely clear on just what they do, how successful they are, or how they all fit together, if indeed they do at all.

Given all the problems that have occurs with past processes and given the large degree of uncertainly regarding the current initiatives, it would appear that the time has come for First Nations to seriously evaluate where we see ourselves today, where we want to be tomorrow and how we want to get there. We could of course continue to focus our efforts on reacting to Canadian processes and agendas; however, as long as we continue to do so we are likely to realize the full extent of our inherent rights. It is only through the development and control by First Nations over the content and timing of our discussion with Canada that we will be assured of developing a future which is meaningful to all First Nations.

As the First Nations of this land we already possess the rights to self-government and self-determination - this is after all what the term Ainherent really means. In addition, we established our relationships with Canada many years ago on a nation-to-nation basis, as evidenced by our Treaty agreements. Because of this it is difficult to understand why we are still debating with Canada the existence of our inherent rights truly are inherent , we do not need the permission of Canada or its provinces and territories in orthat the only thing we should be discussing with Canada is how our jurisdictions will relate to or affect one another and how we want to continue to develop our overall relationships as we progress into the future. Only amongst ourselves should we be seriously considering the options and plans for the actual implementation of our inherent rights at the community level.

Before we can develop a renewed and truly meaningful way of doing business with Canada in terms of actually implementing our inherent rights, we need to go through a very serious process of examination and discussion amongst ourselves. If we are ever to establish a framework for a relationship with Canada that will result in real and positive change for communities, and if we are ever to truly implement all of our inherent rights, we need to fully understand amongst ourselves who we are as First Nations and what direction we want to take in terms of our future relationship with Canada as well as its provinces and territories. In order to do this we need to ask ourselves some difficult questions and we need to discuss our responses and our visions with each other. Until we have a clear understanding amongst ourselves of our identity, relationships and what self-government really means to us as First Nations, we are unlikely to feel fully satisfied with any progress that we make.

There are several important matters that we need to begin to consider and clarify amongst ourselves. None of these topics, however, are new or radical. These are things that have been raised previously and discussed many times in pacannot avoid a comprehensive discussion of these matters much longer, The issues are too important to us and to our futures. The discussions that we need to undertake should ideally occur at all levels of our societies: community, regional and national. Some of the suggested matters that we need to clarify and understand on an internal basis including the following:

How do we as First Nations see our relationships with Canada? How do we see our relationships with Canada's provinces and territories? How do we see these relationships evolving into the future?

How is it that Canada was able to assume that it had authority over our lives? How can we get Canada to seriously ask itself this question?

What do we mean when we say AFirst Nations? For example, are we referring to individual communities, original nations ( e.g., Haida, Cree, Ojibway, Mohawk, Mi'Kmaq, etc. ) treaty alliances or something else? This is an important consideration if we are to continue to state that AFirst Nations have inherent rights to self-government.

What are our long-term goals in relation to self-government? Do we envision ourselves as sovereign nations or as Canadian citizens or as something else? These visions need not be immediately conveyed to Canada. However, we should be clear amongst ourselves as to what it is that we are working towards.

How are initiatives regarding the implementation of our inherent rights being conducted within First Nations communities and First Nations regional and national organizations? Are our needs and desires being met?

How can we demystify our discussion regarding Athe implementation of our inherent rights to self-government so that all First Nations citizens can understand and participate in our discussions?

Once we have gone through this internal process of understanding, we will be in a better position to determine our long-term visions and how we want to get there. For example, it may be a long-term goal of some First Nations to reassert their inherent rights to self-determination and to reaffirm their original nation-to-nation relationships with Canada as defined by various treaties. There could in fact be several advantages in pursuing this type of re-defined relationship with Canada as opposed to recognition in the Canadian constitution. For example, constitutional provisions can be unilaterally amended or repealed by Canada. First Nations can be given no satisfactory guarantee that this would not in fact happen. With a treaty, however, both parties to the treaty, that is the First Nation and Canada, must agree before the treaty can be repealed or altered in any way. Furthermore, section 35 of the Constitution Act, 1982 provides constitutional recognition and protection for First Nations treaty rights. Strong arguments could be made that this recognition and protection also applies to future treaty agreements. Finally, by continuing to define our relationships through a treaty-making process, we would be better able to ensure that our original nation-to-nation relationships continue to exist and grow into the future.

First Nations across Canada have not yet held in-depth discussions with each other on any of these issues which are of extreme importance to us. By going through a process of internal search and discussion, however, we will not only build strength and unity with each other, we will increase our community awareness, confidence and participation. By education and supporting each other by clarifying our internal goals and visions, our outlook for the future can only get brighter.

As we work towards a better understanding of who we are as First Nations, where we want to go in the future and how we want to continue to relate to Canada, our long-term visions of self-determination and self-determination will become more clear. Once our goals and aspirations become more defined, it will be easier for us to develop strategies that enable us to turn our visions into realities. In the meantime, we also need to be realistic and acknowledge that all of this work cannot occur overnight. However, we also cannot afford to sit and wait for these initiatives to be completed before we undertake the many things that will allow us to actually begin to implement that we consider and develop interim arrangements that allow us to make a smooth transition in terms of achieving the full implementation of our inherent rights.

The arrangements and initiatives that can be considered and developed during the transition period are limitless. For example, some of the work that could be done includes:

Developing mechanisms for increased community awareness, consultation and participation in all matters related to the implementation of inherent rights. Agreements can be achieved at higher political levels, however, without full community involvement , the contents of these agreements are unlikely to be fully accepted and realized.

Examining the structures and relationships that exist with respect to First Nations communities, leaders and polities organizations. A re-structuring process may be required in many First Nations in order to ensure accountability to First Nations citizens and communities.

Determining the past relationships and treaty alliances that we had with each other as First Nations and establishing how we want our relationships to continue in the future.

Increasing the levels of education and training of First Nations citizens. We need to ensure that First Nations are fully equipped to facilitate the implementation of our inherent rights.

Establishing, or re-establishing structures within First Nations to ensure the physical, mental, psychological and emotional well-being of our peoples and communities in general. In order to address and deal with all of the new initiatives that are being proposed across this land, First Nations citizens need to feel healthy and strong.

Developing institutions within First Nations that are able to deal with matters of importance to individual communities. For example, institutions may be required to deal with things such as the selection of leadership, dispute resolution, education, health, commercial and economic development.

Developing ways to achieve increased economic self-sufficiency for First Nations through such things as commercial activity, taxation and resource trading.

Developing alternatives methods of structuring financial relationships and resource sharing with Canada and its provinces and territories.

Examining initiatives that can be undertaken immediately with respect to the implementation of inherent rights. For example, First Nations could establish their own laws or jurisdictions in areas where Canada and its provinces and territories are particularity vulnerable, such as the environment, education, health, social welfare and First Nations harvesting.

Developing alternate processes of resolving jurisdictional and other disputes between First Nations and Canada. unlike the existing Canadian legal system that First Nations' values, beliefs and understanding are given proper consideration in the resolution of disputes.

Studying and developing alternatives with respect to how long-term relationships with Canada could ultimately be structures and established once First Nations have completed the transition and are actually implementing their inherent rights.

The ideas and possibilities for implementing First Nations inherent rights are unlimited. Currently across Canada virtually every First Nation is in the process of developing and acting upon their own ideas in regards to the implementation of their rights as well as restructuring their communities accordingly. We need, however, to acknowledge that we cannot achieve full self-government or self-determination overnight. There is no mater-plan that will allow this to happen without first going through some form of transition period. We also need to realize our vision on our own, the process will become concrete strategies on how to work together in a manner that is much more cooperative, comprehensive and holistic. By working together we will be able to focus on developing the appropriate transition periods that enable us to move in the directions we want to go without compromising who are as First Nations.

Concluding Remarks

An alternative way of doing business with Canada and appropriate methods of actually implementing our inherent rights are not things that can be developed over the course of a few days. However, if we are serious about undertaking these initiatives, there are some things that we can begin to do right now. We need to undergo an intensive period of discussion and self-examination approaches in order to focus on re-establishing our relationship with Canada in a manner that is meaningful to all of us.

As First Nations of this land we have the ability to provide our peoples with a better tomorrow. By undertaking these initiatives we can continue to work towards the implementation of our inherent rights and ensure a future that has meaning and value for all of our peoples.