E/CN.4/2005/88/Add.3 page 22 peoples to “release” certain rights, leads to deep concerns that this may only be another semantic term for the older “extinguishment” policy, despite official denials. In addition to adequate lands and resources, Aboriginal peoples also require certainty and predictability concerning the non-extinguishment of their inherent rights. 92. The current land base of First Nations reserves is insufficient for future growth and development, and must be expanded. Métis outstanding land claims have been neglected over the years and should be addressed as an urgent priority. Numerous regulations regarding resource use by Aboriginal communities (such as water, fishing, forestry, hunting and gathering) limit the full enjoyment of constitutionally recognized Aboriginal rights, and there is an urgent need for a thorough review of federal and provincial legislation in order to guarantee the full enjoyment of Aboriginal rights. 93. The settling of comprehensive land claims and self-government agreements (such as those of Nunavut or James Bay) are important milestones in the solution of outstanding human rights concerns of Aboriginal people. They do not, in themselves, resolve many of the human rights grievances afflicting Aboriginal communities and do require more political will regarding implementation, responsive institutional mechanisms, effective dispute resolution mechanisms, and stricter monitoring procedures at all levels. 94. The effects of global warming and environmental pollution are particularly pertinent to the life chances of Aboriginal people in Canada’s North, a human rights issue that requires urgent attention at the national and international levels, as indicated in the recent Arctic Climate Impact Assessment. 95. The cultures and identities of Aboriginal nations were destroyed during a long historical process the persistent legacies of which continue to impact adversely to the present day. Section 35 of the Constitution Act, 1982 establishes the basic framework for the full enjoyment of existing Aboriginal and treaty rights of Aboriginal peoples, but the interpretation of these rights and their implementing legislation has lagged far behind. While Aboriginal persons may eventually attain material standards of living commensurate with other Canadians, the full enjoyment of all their human rights, including the right of peoples to self-determination, can only be achieved within the framework of their reconstituted communities and nations, in the context of secure enjoyment of adequate lands and resources. V. RECOMMENDATIONS 96. On the basis of the foregoing considerations the Special Rapporteur makes the following recommendations. A. Recommendations to the Government Legislation 97. That new legislation on Aboriginal rights be enacted by the Parliament of Canada, as well as provincial legislatures, in line with the proposals made by RCAP; and that the structure and functions of the public administration dealing with Aboriginal issues, such

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