understood by Aboriginal peopies. It should be confirmed that all
Aboriginal peoples that possess treaty rights shall have equitable
access to this treaty process;

© it should be provided that these treaty amendments shall not extend
. “the authority of any government or legislature, or alfect the rights of

- _ Aboriginat peoples not party to the treaty concerned.

: €. ISSUES RELATED TO THE EXERCISE OF THE RIGHT
1-49. , Equity of Access to Section 35 Rights _.

‘The Constitution should provide that ail of the Aboriginal peoples of
“Canada have access to those Aboriginal and treaty rights recognized
and affiemed i in ) Section 35 Of the Constitution Act, 1982 that pertain
to! them. °

80: Financing :

“+ Matters relating to the financing of governments of Aboriginal peoples _ _

Should be dealt with in e political accord. The accord would commit the
ments of Aboriginal peoplesto: +.
© prometing equal opgortunities for the wel.- -being at all
Aboriginal peoples;

furthering economic, social and cultural development and

ployment opportunities to reduce disparities in opportunities

ong Aboriginal peopies.and between Aboriginal peoples and

Cafiadians; and,. ”

essential public services at levels reasonably comparable
i to other Canadians i in the vicinity” .

riginal and treaty fights equally to mal ‘and female persons,
ve rotaned. me Issue of gender equality should be on the

te Conferences on Aboriginal constitutional” Matters beginning
‘later than 1996, and faligwing | every two years thereafter. These

expenditures by governments on Indians and Inuit or alter the fiduciary
and treaty obligations of the federal governmeni for Aboriginal peoples.
This would be reflected in a political accord. (*)

55. Métis in Alberta/Section 91(24)
The Constitution should be amended to safeguard the legislative

authority of the Government of Alberta for Métis and Métis Settlements _

lands. There was agreement to a proposed amendment to the Alberta

Act that would constitutionally protect the status of the land heid in fee

simple by the Métis Settlements General Council under letters patent
from Alberta.

56. Métis Nation Accord (*)_
The federal government, the provinces of Ontario, Manitoba,
Saskatchewan, Alberta, British Columbia and the Métis National

_ Council have agreed to enter into a legally binding, justiciable and

enforceable accord on Métis Nation issues. Technical drafting
of the Accord is being completed. The Accord sets out the obligations
of the federal and pravincial governments and the Métis Nation.

The Accord commits governments to negotiate: self-government
agreements; lands and resources; the transfer of the portion of -
Aboriginal programs and services available to Métis; and cost-sharing
arrangements relating to Métis institutions, programs and services.

Provinces and.the federal government agree not to reduce existing :

expenditures on Métis and other Aboriginal people as a result of the
Accord or as a result of an amendment to Section 91(24). The Accord
defines the Métis for the purposes of the Métis Nation Accord and

. commits governments to enumerate and register the Métis Nation.

"Note: All of the following changes to the amending sormula require the

unanimous agreement of Parliamerit and the provincial legistatures.

57. Changes to National Institutions me

Amendments to provisions of the Constitution related to the Senate
should require unanimous agreement of Parliament and the provincial
legislatures, ance the current set of amendments related to Senate -
reform has come into effect. Future amendments affecting the House’

of Commons including Quebec's guarantee of at least 25 per cent of

the seats in the House of Commons, and.amendments which can row
be made under Section 42 should also require unanimity.

Sections 41 and 42 of, the Constitution Act, 1982 should be
amended so that the nomination and appointment process of Supreme
Court judges would remain subject to the general (7/50) amending :
procedure. All other matters related to the Supreme Court, including .,
its entrenchment, its role as the general court of appeal and its
composition, would be matters requiring unanimity.

58. Establishment of New Provinces.

The current provisions of the amending formuta governing the creation .

of new provinces should be rescinded. They should be repiaceu by the
pre-198? provisions allowing the creation of new provinces through an
Act of Parliament, following consultation with all of the existing -
provinces at a First Ministers' Conference. New provinces should not
have a role in the amending formula without the unanimous consent of
all of the provinces and the federal government, with the exception of
purely bilateral or unilateral matters described in sections 38(3), 40,
43, 45 and 46 as it relates to 43, of the Constitution Act, 1982. Any
increase in the representation for new provinces in the Senate should
also require the unanimous consent of all provinces and the federal
government.. Territories that become provinces could not lose Senators
or members of the House of Commons.

The provision now contained in Section 42(1}(e) of the Constitution

Deat or hearing impaired:

1-800-465-7735 rv 100)

Sunday, October 4, 1992 - North Shore News - 17

Act, 1982 with respect to the extension of provincial boundaries into
the Territories should be repealed and replaced by the Constitution Act,
1871, modified in order to require the consent of the Territories.

59. Compensation for Amendments that Transfer Jurisdiction
Where an amendment is made under the general amending formuta
that transfers legislative powers from provincial legisiatures to
Parliament, Canada should provide reasonable compensation to any -
province that opts out of the amendment. :

60. Aboriginal Consent

There should be Aboriginal consent to future constitutional .
amendments that directly refer to the Aboriginal peoples. Discussions
are continuing on the mechanism by which this consent would be
expressed with a view to agreeing on a mechanism prior to the intro-
duction in Partiament of formal resolutions amending the Constitution. -

Other constitutional issues were discussed uring ‘the mtilateral
meetings.
The consensus ws to not pursue the following i issues:
© personal bankruptcy and insolvency; .
© inteliectual property:
© interjurisdictional immunity;

" @ inland fisheries;

© marriage and divorce;
© residual power;
© legislative interdelegation;
© cianges fo the “notwithstanding clause”;
© Section 96 (appointinent of judges); .
Section 125 (taxation of federal and provincial governments);
* Section 92A (export of natural resources);

* requiring notice for changes to federal legislation respecting
equatization payments;

_ © property rights;

* implementation of imtérnational treaties,

Other issues were discussed ‘put were not fi inally resolved, among
which were:

© requiring notice for changes to federal legislation respecting
Established Programs Financing:

© establishing in a political accord a formal federal- -provincial :
consultation process with regard to the negotiation of international oo
treaties and agreements; .

®* Aboriginal participation in intergovernmental agreements respecting _

the division of powers:

® establishing a framework for compensation issues with respect to.
labour market development and training;

consequential amendments related to Senate teform, ‘including-
by-elections; .

®* any other consequential amendments renuired by changes
recommended in this report.