Author Description

This report presents the findings of an independent inquiry into two particular issues associated with the negotiation of modern treaties between Canada and aboriginal peoples: the surrender issue resulting from the requirement under the federal Comprehensive Land Claims Policy that native peoples cede, release, and surrender their rights to land and resources in exchange for defined rights and benefits set out in a treaty; and whether there are ways to provide certainty with respect to the land and resource rights of all interested parties, without requiring a surrender of aboriginal rights. The report includes extensive discussion of why native peoples consider the surrender of their aboriginal rights unacceptable and offensive, and explains the desire of native peoples to have their rights formally recognized in treaties. The report also discusses the issue of certainty and how it can be established. Finally, it describes an altered approach to treaty making that may assist in establishing a new relationship between government and native peoples.