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