 | CBA's National Aboriginal Law Section Calls for Withdrawal of Bill C-7 |
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FOR IMMEDIATE RELEASE
February 3, 2003
OTTAWA - The Canadian Bar Association's National Aboriginal Law Section says that
Bill C-7, the First Nations Governance Act, should be withdrawn in favour of a new approach that would repeal or replace the existing Indian Act.
"The government should go back to the drawing board," says Garth Wallbridge of Yellowknife, Chair of the CBA's National Aboriginal Law Section. "The First Nations Governance Act does not go nearly far enough in enabling First Nations to develop effective governance regimes."
Recognizing that First Nations urgently require effective tools of governance, the CBA says the clarification provided in Bill C-7 concerning the legal capacity of bands is a step in the right direction. Legal capacity refers to the ability of bands to create their own administrative structures such as electing leaders and providing greater accountability in managing band funds.
"Unfortunately," says Wallbridge "the Bill fails to recognize the traditional practices and the social, legal and cultural reality of modern First Nations, who want to create self-government structures geared to their needs and aspirations."
The CBA Section notes a number of other shortcomings in the legislation, including:
- No provision for the many First Nations peoples, in both urban and rural settings, who are transient or are organized into communities other than bands;
- No concrete recognition of the inherent right of First Nations to self-government and insufficient protection for the equality rights of Aboriginal women;
- Strict deadlines and requirements, which First Nations may lack the capacity and financial resources to implement.
In its submission to the Parliamentary Committee,  the Aboriginal Law Section recommends nine amendments to improve the legislation - should it be adopted - including provisions for First Nations communities not on reserves to create their own governance structures, and a clear commitment from the federal government to negotiate self-government agreements.
Garth Wallbridge will present the CBA submission to the House of Commons Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources on Monday, February 3, 2003 at 3:30 p.m., in Room 209, West Block.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 38,000 lawyers, notaries, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, 500 - 865 Carling Ave. , Ottawa, ON, K1S 5S8 Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org
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