suspended without
had been invoked
any parliamentary
debate; and why the National
rather
than the Emergency Measures
Act.
Defence
Act
the representative
of the State party pointed
Out that
92. In his reply,
Canada was a country
with a multicultural
heritage and an evolving demographic
resources were devoted to protecting
and promoting, in
make-up. Substantial
accordance with article
27 of the Charter of Right6 and Fr6edom6, the cultural
diversity
that COnStitUt0d the national heritage,
The objective
was,
to give everyone the possibility
and the right to participate
therefore,
in the social, economic and political
life of
fully,
and on an equal footing,
For that purpose, Parliament had in 1988 adopted the Canadian
the country.
Multiculturalism
Act,
under which a minister was re6pOnSible for administering
and coordinating
multicultural
programmes executed by government agencies
reoponsible to Parliament.
In a period of economic constraints,
rigorous
prioritieation
was, however, necessary, and controls on programme6 might have
the effect
of limiting
progress to a greater extent than was desirable.
Although article
27 of the Charter stated that the interpretation
given to the
Charter had to be consonant with the promotion, maintenance and enhancement of
the cultural
heritage of Canadians, it had not yet been possible to guarantee,
in the Constitution,
new right6 for the indigenous peoples.
explained that the
93. In response to other questions, the representative
indigenous people6 of Canada did not consider themselves to be minorities
and
The objective
of community
were not regarded as such by the authorities,
self-government
was to develop a new relationship
between Indian communities
and the Federal Government by working out practical
new arrangement6 for
Indian government at the community level.
Such arrangement6 were given effect
through specific
legislation
that would replace the Indian Act for that
community.
Substantive
negotiation6
were under way on 8 projects,
involving
30 bands. An additional
15 projects
involving
29 band6 were at the framework
negotiation
stage, and project6 involving
some 170 other band6 were at the
initial
development stage.
In two recent cases, in which the Supreme Court
had for the first
time interpreted
the expression "existing
rights of the
Indians" in article
35 of the Constitution,
it was held that what
characterised
a treaty was the intention
to create obligations,
a6 well
a6 a
certain degree of solemnity.
Amendment of the Indian Act designed to
eliminate discrimination
against Indian women, to restore the right6 of the
bands, and to grant them greater autonomy had posed problems
because
some
bands were opposed to the inclusion of women and children
in their lists.
That would entail
the reintegration
of 76,000 persons into communities which
had not yet been provided with resource6 for such an increase.
94. Referring to questions raised in connection with the proportion
of seats
in Parliament held by members of minority groups, the representative
pointed
out that there were 295 seats in the House of Commons, 3 of which were held by
itldigWOU6 people.
In the Senate, they held 3 out of 111 seats.
In recent
elections
in the Province of Manitoba, indigenous people had obtained 3 out
of 57 seats in the legislature,
and in the Northwest Territories,
where they
formed a majority
of the population,
indigenous people held 16 out of 24 seats
in the legislature.
95. The 1988 Official
Language6 Act represented significant
progress in the
recognition
of the linguistic
rights of all Canadians, With the exception of
the Northwest Territories,
the official
languages were English
and, in Quebec,
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