A/HRC/27/52/Add.2
91.
In consultation with indigenous authorities, the Government should take
measures to streamline reporting procedures under contribution agreements to
alleviate unnecessary or overlapping reporting requirements.
92.
New laws, policies and programmes that affect indigenous peoples should be
developed in consultation and true partnership with them. The federal and
provincial/territorial governments should not push forward with laws, policies or
programmes where significant opposition by indigenous governments and leadership
still exists.
93.
With respect to legislation recently passed—including the Safe Drinking Water
for First Nations Act, the Family Homes on Reserves and Matrimonial Interests or
Rights Act, and the Jobs, Growth and Long-term Prosperity omnibus legislation—
Canada should ensure that these laws are only implemented following meaningful
consultation, with a view to obtaining the consent of the indigenous peoples to which
they will apply, and with accommodation of their concerns.
94.
Concerted efforts should be taken to address outstanding concerns related to
gender discrimination in determining eligibility for registration under the Indian Act,
and to adopt where possible a more flexible approach that takes into account
indigenous peoples’ own criteria for membership.
95.
The federal Government should work with indigenous peoples in international
border areas, in particular the Mohawk Nation at Akwesasne, to remove barriers to
their free movement within their traditional territories.
5.
Treaty negotiation and claims processes
96.
Concerted measures should be adopted to deal with the outstanding problems
that have impeded progress with the treaty negotiation and claims processes.
Moreover, within these processes the Government should take a less adversarial,
position-based approach than the one in which it typically seeks the most restrictive
interpretation of aboriginal and treaty rights possible. In this regard, the Government
should instead acknowledge that the public interest is not opposed to, but rather
includes, aboriginal concerns.
97.
Canada should take active measures to develop a procedure for addressing
outstanding Métis land claims, to avoid having to litigate cases individually, and enter
into negotiations with Métis representatives to reach agreements towards this end.
6.
Resource development
98.
In accordance with the Canadian Constitution and relevant international
human rights standards, as a general rule resource extraction should not occur on
lands subject to aboriginal claims without adequate consultations with and the free,
prior and informed consent of the indigenous peoples concerned. Also, Canada should
endeavour to put in place a policy framework for implementing the duty to consult
that allows for indigenous peoples’ genuine input and involvement at the earliest
stages of project development.
99.
Resource development projects, where they occur, should be fully consistent
with aboriginal and treaty rights, and should in no case be prejudicial to unsettled
claims. The federal and provincial governments should strive to maximize the control
of indigenous peoples themselves over extractive operations on their lands and the
development of benefits derived therefrom.
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