The bulk of current Aboriginal policy in Canada was written in the 19th Century. The archaic and paternalistic Indian Act was drafted in 1867. Little has changed in Aboriginal policy since then; Native Canadians are still largely segregated from Canadian society.
In 2002, the Canadian Taxpayers Federation's (CTF) Centre for Aboriginal Policy Change released a comprehensive position paper with eight recommendations that look to the future. As we enter a new year - it is time for some new ideas.
Recommendation 1:
To achieve equality for all Canadians, the Indian Act must be phased out over the next 20 years. By 2023 the Indian Act should no longer be part of the Canadian landscape.
Recommendation 2:
If native communities are to become economically self-sustaining, the reserve land which is now held by the Crown should be transferred to individual natives living on-reserve, and to band members living off-reserve. It will be up to natives themselves to decide if they want to transfer the land into a communal arrangement or allow for the property to be owned and managed individually.
Recommendation 3:
The tax exemption now provided for natives living and working on reserves is a provision of the Indian Act, not the Canadian Constitution. The Indian Act is like any other piece of legislation, capable of being amended and/or abolished at any time. Taxation at all levels (municipal, provincial, federal) should be phased in for natives over a period of 10 years. As it is now, an artificial competitive advantage for native businesses has emerged.
Recommendation 4:
In order to increase the level of accountability on reserves, the payments currently transferred to native band councils should be re-directed to individuals. The money necessary for native governments could then be taxed back by the local native government.
Recommendation 5:
A system of independent annual financial audits and operational audits of Indian governments - similar to how the federal and provincial auditors conduct their audits of government departments and programs - should be implemented. Expansion of the current Auditor General's mandate to include native bands is imperative for improved accountability and transparency.
Recommendation 6:
If native reserves are to become economically viable and compete within Canada, they must be subject to the same rules. The Indian Act must be changed to eliminate section 89 which shelters native property and assets located on reserves from any process of garnishee, execution or attachment for debts, damages and other obligations.
Recommendation 7:
Municipal-type governments successfully manage small communities all over Canada. This model should be implemented for native reserves rather than a constitutionally protected "third order" style of government. In addition, the development of individual property rights must be established and protected in order to generate the wealth needed for a self-financed municipal-style of government.
Recommendation 8:
Non-natives living on reserves and paying taxes in their local communities must be granted the democratic right to participate in the local political community by being granted the right to vote. In addition to a right to vote, non-natives living on reserves must be given the opportunity to serve as elected representatives on band councils.
The CTF believes Canadians - all Canadians - are fundamentally alike. Therefore all legislation and government policy must be based on fairness and equality - not ethnicity. As former Prime Minister Trudeau once stated, "The time is now to decide whether the Indians will be a race apart in Canada or whether [they] will be Canadians of full status." In other words, the time for equality is now.