Treaty making in the spirit of co-existence: An Alternative to Extinguishment

"We are publishing this report at this time because of the urgency surrounding disagreement over the merits and demerits of current federal extinguishment policy. The report's subject matter is limited to current federal policy on extinguishment as it relates to Aboriginal nations that have yet to complete comprehensive negotiations with Canada. Our final report will address other aspects of the comprehensive claims process, including its structure and funding mechanisms. In our view, given that the comprehensive land claims process is critical to Aboriginal governance, self-sufficiency, and co-existence with non-Aboriginal society, and that disagreement about the merits of extinguishment appears to be stalling negotiations, an immediate assessment of federal extinguishment policy is necessary. We propose an alternative approach, one based on the recognition and affirmation on Aboriginal rights. This approach, while substantially accommodating valid federal objectives of clarity and certainty, also advances the objective of achieving lasting co-existence between Aboriginal and non-Aboriginal people in Canada"--Intro. p. 6-7.… (more)