Royal Commission on Aboriginal Peoples (RCAP)

SIGNIFICANCE: In April 1991, the government of Canada, in response to Aboriginal (First Nations, Inuit, and Métis peoples) leaders’ concerns, established the Royal Commission on First Nations Peoples to review the role and place of Aboriginal people in contemporary Canada. The final report, published in November 1996, made 440 recommendations to address problems that long plagued the relationship between First Nations peoples, the Canadian government, and Canadian society.

In April 1991, the government of Canada set forth a sixteen-point mandate for the seven commissioners (four Aboriginal, three non-Aboriginal) of the newly constituted Royal Commission on Aboriginal Peoples. Amid much upheaval, uncertainty, and, in some cases, violence, the commissioners held 178 days of public hearings, conducted public hearings in ninety-six communities, listened to dozens of expert witnesses and testimony, and engaged in additional research. Acknowledging that the colonial policy of the federal government for the last 150 years had been wrong, the commission attempted to determine the “foundations of a fair and honorable relationship between the First Nations and non-Aboriginal people of Canada.” The commissioners sought to examine this relationship as a central facet of Canada’s heritage, describe how the relationship became distorted, and examine the terrible consequences for First Nations people in the loss of lands, power, and self-respect. The commissioners hoped the report would repair the damaged relationship and provide a new footing for mutual recognition, respect, sharing, and responsibility. Consisting of five volumes of several thousand pages each, the final report comprehensively answered the guiding question and related questions and problems.

A History of Mistakes

Aboriginal peoples refers to organic and cultural entities stemming from the original peoples of North America, not to collections of individuals united by “racial” characteristics. The commissioners traced the relationship of Aboriginal and non-Aboriginal peoples through four stages. The first stage was before 1500 when no contact had been made between North American Aboriginals and Europeans. The second stage started in the 1500s and was marked by initial mutual curiosity and then increasing trust, trade, exchange of goods, intermarriage, and military and trade alliances that created bonds between and among nations. This stage was crowned by the Royal Proclamation of 1763, which governed the relations between nations on land rights. The third stage began in the 1800s as increasing numbers of Europeans immigrated to Canada. Respect gave way to domination. The new policy of “assimilation” proved, in time, to be a form of cultural genocide. The solution to the problems left by the assimilation policy, the report stated, is to recognize that “Aboriginal peoples are nations.” This affirmation is not to say that these peoples are nation-states seeking independence from Canada but rather collectivities with a long, shared history, a right to govern themselves, and a strong desire to do so in partnership with Canada. The fourth stage, the report concluded, was just beginning. The report hoped to assist the “renewal and renegotiation” process well into the twenty-first century.

The mistakes that characterize the relationship with Aboriginal peoples have been serious, often deadly. On average, the life expectancy of First Nations is lower than that of non-Aboriginals, illnesses such as alcoholism and diabetes are more prevalent, and families are more often broken or marred by violence, abuse, and criminality, leading to a disproportionately high number of Aboriginals in jail, and educational failure and dropout for children is common. The commission argued that these problems had reached the point where Aboriginal peoples had become tired of waiting for handouts from governments. It found that these people wanted control over their lives instead of past Canadian governments' well-meaning but ruinous paternalism. They needed their lands, resources, and self-chosen governments to reconstruct social, economic, and political order. They needed time, space, and respect from non-Aboriginals to heal their spirits and revitalize their cultures.

Renewing and Restructuring the Relationship

Four principles formed the basis for renewed relationships between Aboriginal and non-Aboriginal peoples: recognition by non-Aboriginal people of the principle that First Nations were the original caretakers of the land, along with the recognition that non-Aboriginal people now share and have a right to the land; respect between peoples for their rights and resistance to any future forms of domination; sharing of benefits in “fair measure”; and responsibility, the hallmark of a “mature relationship,” which includes accountability for promises made, for behaving honorably, and for the effect of one’s actions on the well-being of others. The needs and problems of all groups in their diversity cannot be addressed piecemeal. The renewed relationship entails a fundamental structural component of reclaiming First Nations peoples as “nations.” However, these nations are not to be formed by every Aboriginal community in Canada. The commission concluded that the right of self-government cannot reasonably be exercised by small, separate communities, whether First Nations, Inuit, or Métis. It should be exercised by groups of a certain size and those with a claim to the term “Nation.” The commission suggested a process for doing this, beginning with a royal proclamation issued by the monarch as Canada’s head of state and guardian of the rights of First Nations peoples. Such a move would dramatically signal a new day for First Nations people, setting out the principles, laws, and institutions necessary to turn these into reality. This new royal proclamation would not supplant but instead support and modernize the Royal Proclamation of 1763 or the so-called Aboriginal Peoples’ Magna Carta.

The commission recommended that the proclamation contain the following elements: a reaffirmation of Canada’s respect for First Nations peoples as distinct nations; acknowledgment of harmful actions by past governments, which deprived First Nations peoples of their lands and resources and interfered with family life, spiritual practices, and governance structures; a statement placing the relationship on a footing of respect, recognition, sharing, and mutual responsibility, thus ending the cycle of blame and guilt and freeing Aboriginal and non-Aboriginal peoples to embrace a shared future; affirmation of the right of Aboriginal peoples to fashion their own lives and control their own governments and lands—not as a grant from other Canadian governments but as a right inherent in their status as peoples who have occupied these lands from time immemorial; and acknowledgment that justice and fair play are essential for reconciliation between Aboriginal and non-Aboriginal peoples and a commitment by Canada to create institutions and processes to strive for justice.

Such a proclamation would be followed by the enactment of companion legislation by the Parliament of Canada. The legislation would create the new laws and institutions needed to implement the “renewed relationship” with a view to providing both the authority and the tools needed for First Nations peoples to structure their own political, social, and economic future.

Governance and Polity

The commission's most dramatic and sweeping proposal was the creation of a parallel parliament for First Nations peoples. The commission suggested that after the royal proclamation, the Canadian government draft and pass an act establishing a body to represent First Nations peoples within federal governing institutions and advise Parliament on matters affecting First Nations peoples. A constitutional amendment would create a “house of First Peoples” that would become part of Parliament along with the House of Commons and the Senate.

Other recommendations included restructuring the federal government to allow the Department of Indian Affairs and Northern Development (DIAND) and the ministerial position that goes with it to be replaced by a senior cabinet position, the “minister for Aboriginal relations,” and a new “department of Aboriginal relations.” In addition, the commission recommended establishing a minister and department of Indian and Inuit services to deliver the gradually diminishing services coming from the federal level. This eventually evolved to become the Minister of Indigenous Services and Indigenous Services Canada (ISC).

It recommended three models of self-government: national government, to be exercised among First Nations peoples with a strong sense of shared identity and an exclusive territorial base inside which national governments would exercise a wide range of powers and authority; public government, in which all residents would participate equally in the functions of government regardless of their heritage; and community of interest government, to be exercised primarily in urban centers where First Nations persons form a minority of the population but nonetheless want a measure of self-government in relation to education, healthcare, economic development, and protection of culture. The latter would operate effectively within municipal boundaries, with voluntary membership and powers delegated from First Nations or provincial governments.

Land Rights and Claims

The commission stated that the land claims process is “deeply flawed” and recommended that it be replaced by a fairer and more balanced system in which the federal government does not act as both defender of the Crown’s interests and judge and jury on claims. The commission further stated that this process is not open to Métis claims, thereby leaving Métis people without a land and resource base and with no mechanisms for settling grievances. It also categorized as unfair the governmental demands that Aboriginals “extinguish” their general land rights in favor of specific terms laid down in claim settlements and recommended a new process that would result in three categories of allocation: lands selected from traditional territories that would belong exclusively to Aboriginal Nations and be under their sole control; other lands in their traditional territories that would belong jointly to Aboriginal and non-Aboriginal governments and be the object of shared management arrangements; and land that would belong to and remain under the control of the Crown but to which Aboriginal peoples would have special rights, such as a right of access to sacred and historical sites.

In support, the commission recommended establishing regional treaty commissions and a First Nations lands and treaties tribunal to facilitate and support treaty negotiations. Also, the commission called on the federal government to allocate to Aboriginal Nations “all land promised to them in existing treaties,” “to return to First Nations all land it has expropriated or bought, then left unused,” and “to establish a fund to help First Nations people purchase land on the open market.” The commission recommended one major piece of companion legislation, namely an Aboriginal treaties implementation act that would seek to establish a process for “recognized Aboriginal Nations to renew existing treaties or negotiate new ones.” The act would also “set out processes and principles to guide negotiation, include a commitment to implement existing treaties according to their spirit and intent, and . . . renegotiate treaty terms on which there was no meeting of minds when they were originally set down” and would “establish regional treaty commissions to convene and manage the negotiation process, with advice from the First Nations lands and treaties tribunal on certain issues.”

Other Measures Proposed

Other recommendations included measures to overcome epidemic health problems, child abuse, welfare and economic dependency, and related socioeconomic problems, including poor housing and a lack of overall infrastructure in Aboriginal communities. In recommending Aboriginal control of education, the commission noted that First Nations peoples are simply asking for no more than what other communities already have—the chance to say what kind of people their children will become. Aboriginal peoples want schools to help children, youth, and adults learn the skills they need to participate fully in the economy, develop as citizens of Aboriginal Nations, and retain their languages and the traditions necessary for cultural continuity. The commission also recommended that Aboriginal peoples be given control over youth and adult education, including education not only in Aboriginal culture, customs, and traditions but also that will assist in overcoming the massive problems of unemployment in Aboriginal communities.

The report of the Royal Commission on Aboriginal Peoples challenged Aboriginal and non-Aboriginal relationships. It documented the past century's myriad problems and offered many recommendations for change. However, these detailed and numerous recommendations were unlikely enough to bring about change. The commissioners noted, “It will take an act of national intention—a major, symbolic statement of intent, accompanied by the laws necessary to turn intentions into action.”

Bibliography

Canada, Royal Commission on Aboriginal Peoples, Report of the Royal Commission on Aboriginal Peoples. Canada Communications, 1996.

Long, J. Anthony, et al., editors. Governments in Conflict? Provinces and Indian Nations in Canada. U of Toronto P, 1988.

Long, J. Anthony, et al., editors. The Quest for Justice: Aboriginal Peoples and Aboriginal Rights. U of Toronto P, 1985.

Miller, J. R. Sweet Promises: A Reader on Indian-White Relations in Canada. U of Toronto P, 1991.

Morrison, Andrea P., and Irwin Cotler, editors. Justice for Natives: Searching for Common Ground. McGill-Queen's UP, 1997.

Morse, Bradford W. Aboriginal Peoples and the Law: Indian, Metis and Inuit Rights in Canada. Rev. ed., Carleton UP, 1991.

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