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Last month First Nations leaders gathered in Halifax for their first summit on self-governance and self-determination. In the context of Aboriginal communities, self-government involves creating formal structures through which First Nations and Inuit would regain control of the administration of public services.

The summit reminded us that Aboriginal communities had never relinquished their right to govern their territories and communities after contact with the Europeans. So self-government and self-determination is a turning point in relations with the federal government. That will require the largest transfer of sovereignty to Aboriginal groups in Canadian history. It will not happen overnight. And it is likely to occur unevenly across the country.

If it comes to pass for all Indigenous communities, it will involve eliminating the Indian Act to enable First Nations to reclaim their original entitlements, involving lands and resources. When land claims are settled perhaps there will be an unprecedented transfer of national wealth as reconciliation for the gross injustices of the past.

In the 1860s no one would have asked the Fathers of Confederation if they enjoyed an inherent right to self-government. And, as provinces and territories were added to the Canadian federation no one questioned whether these subnational governments also enjoyed a right to self-government.

Canadians of European extraction simply exercised what they believed was their right to settle anywhere in the North America. The arrogance of that belief permitted us to build a country on the land and resources of the original inhabitants.

Only now after 150 years of enjoying sovereignty in Canada do we acknowledge publicly that our government buildings, our universities, schools and municipalities operate on Mi'kmaq territory.

So, in all of this Canada formed its federal government and proceeded to build its towns and cities on the territories of First Nations — all of which had governed themselves long before the French and the British settled in North America.

These First Nations did not voluntarily surrender sovereignty over their lands and resources to the new national Canadian government. It was taken from them without compensation. Aboriginal communities came under the laws of Canada. Under that government, the British North America Act (BNA) assigned jurisdiction over Aboriginal groups to the federal government.

Then in 1876 the government of John A. Macdonald's passed the Indian Act, essentially removing the self-governing authority of First Nations and creating reserves under the control of Ottawa and the provinces.

The Indian Act came to represent institutionalized racism in Canada. It served as a legislative instrument for controlling the lives and cultures of Canada’s Aboriginal peoples.

In order for Canada to engage in reconciliation with its Aboriginal peoples the Indian Act has to go. First Nations summits like the one in Halifax will confront that possibility and develop a strategy to make it happen.



Professor Jim Guy, PH.D, author and professor emeritus of political science at Cape Breton University, can be reached for comment at jim_guy@cbu.ca.