Volume 2: Restructuring the Relationship

Part one

1. Introduction

1. Treaties
2. Governance
3. Lands and Resources
4. Economic Development

2. Treaties

1. A Need For Public Education
1.1 Treaties are Nation-to-Nation
1.2 Treaties are Sacred and Enduring
1.3 Treaties are Part of the Canadian Constitution
1.4 Fulfilment of the Treaties is Fundamental to Canada’s Honour
2. Legal Context of the Treaty Relationship
3. Historical Treaties: The Need for Justice and Reconciliation
3.1 The Need for Justice
3.2 The Need for Reconciliation
3.3 Common Ground in the Treaties
3.4 Lack of Common Ground
3.5 The Vulnerability of Treaties
3.6 Implementing the Spirit and Intent of Treaties
3.7 The Fiduciary Relationship: Restoring the Treaty Partnership
3.8 Aboriginal Rights and Title: Sharing, Not Extinguishment
3.9 Sovereignty and Governance
3.10 Observations Regarding Fulfilment of the Historical Treaties
4. Treaty Implementation and Renewal Processes
5. Treaty-Making Processes
5.1 Implementation of Modern Treaties
5.2 The Peace and Friendship Treaties
5.3 Making New Treaties and Equivalent Agreements
6. Establishment of Treaty Processes
6.1 A Royal Proclamation
6.2 Companion Legislation
7. Content of Treaty Processes
7.1 Entry to be Voluntary
7.2 Timing to be Realistic
7.3 Long-Term Resources to be Available
7.4 Nature and Scope of Items for Discussion
7.5 Outcomes of Treaty Processes
7.6 Reorganization in Preparation for Treaty Processes
7.7 Reorganization of Aboriginal and Treaty Nations
8. Institutions for Treaty Processes
8.1 Treaty Commissions
8.2 Access to the Aboriginal Lands and Treaties Tribunal

3. Governance

1. Aboriginal Perspectives
1.1 Basic Concepts
1.2 Traditions of Governance
1.3 Visions of Governance
2. Toward an Aboriginal Order of Government
2.1 An Overview
2.2 Self-Determination
2.3 Self-Government
3. Implementing an Aboriginal Order of Government
3.1 Models of Aboriginal Government: An Overview
3.2 Financing Aboriginal Government
4. Transition
4.1 Transitional Measures on the Road to Self-Government
4.2 Capacity Building: Aboriginal Strategies for the Transition to Self-Government
4.3 The Structure of the Government of Canada for the Conduct of Aboriginal Affairs
4.4 Representation in the Institutions of Canadian Federalism
Appendix 3A Existing Financial Arrangements for Aboriginal Governments and Regional and Territorial Governments
Appendix 3B A Summary of the Proposal by the Native Council of Canada for a House of the First Peoples

Part two

4. Lands and Resources

1. The Case for a New Deal
2. A Story
3. Lands and Resources: Background
3.1 Lessons from the Hearings
3.2 Significance of Lands and Resources to Aboriginal Peoples
4. How Losses Occurred
4.1 The Law’s Initial Promise
4.2 Losing the Land
4.3 Failure of Alternative Economic Options
4.4 The Impact of Crown Land Management Systems
4.5 Conclusion
5. The Inadequacy of Federal Claims Processes
5.1 A Background of Aboriginal Protest
5.2 Three Existing Claims Policies
5.3 Specific Claims Initiatives: 1990-1995
5.4 The Institutional Interests of the Federal Government
5.5 Conclusion: The Need for Structural Change
6. A New Deal for Aboriginal Nations
6.1 Redressing the Consequences of Territorial Dispossession
6.2 The Contemporary Law of Aboriginal Title as a Basis for Action
6.3 A New Approach to Lands and Resources
6.4 An Aboriginal Lands and Treaties Tribunal
6.5 The Need for Public Education
7. Securing an Adequate Land and Resource Base for Aboriginal Nations
7.1 Interim Steps: Expanding the First Nations Land Base
7.2 Interim Steps: Improving Access to Natural Resources
7.3 Co-management
8. Conclusions
Appendix 4A Land Provisions of Modern Treaties
Appendix 4B Co-Management Agreements

5. Economic Development

1. Understanding Aboriginal Economies
1.1 A Brief History of Aboriginal Economies and External Interventions
1.2 Contemporary Aboriginal Economies
2. The Levers of Change
2.1 Transforming Aboriginal Economies: An Overview
2.2 The Economic Implications of Aboriginal Rights and Treaties
2.3 Regaining Control
2.4 Lands and Natural Resources
2.5 Agriculture: An Illustration
2.6 Business Development 2.7 Employment Development
2.8 Education and Training
2.9 Making Innovative Use of Income Support Alternatives
2.10 Conclusion

6. Conclusion

1. An Act of National Intention
2. Negotiating a Canada-Wide Framework
3. Rebuilding Aboriginal Nations
4. A Legislative Process for Treaties
5. Redistributing Lands and Resources
6. Meaningful Work and Sustainable Wealth
7. Equipping for Self-Government

Appendix A Summary of Recommendations in Volume 2 (Parts One and Two)

Appendix B Abridged Tables of Contents — Volumes 1-5