In fact, several such conferences were convened
by the Prime Minister of Canada in the following
years, to which he invited representatives of four
national associations to represent the interest of
approximately 600 aboriginal groups. These
national associations were: the Assembly of First
Nations (invited to represent primarily non-status
Indians), the Métis National Council (invited to
represent the Métis) and the Inuit Committee on
National Issues (invited to represent the Inuit).
As a general rule, constitutional conferences in
Canada are attended only by elected leaders of
the federal and provincial governments. The
conferences on aboriginal matters constituted an
exception to that rule. They focused on the
matter of aboriginal self-government and
whether and in what form, a general aboriginal
right to self-government should be entrenched in
the Constitution of Canada. The conferences
were inconclusive. No consensus was reached on
any proposal and no constitutional amendments
have as a result been placed before the federal
and provincial legislatures for debate and vote.
The State party’s observations and authors’
comments
2.3
While the State party indicated
(on 20 February 1991) that no further
constitutional conferences on aboriginal matters
were scheduled, the authors point out (in
comments dated 1 June 1991) that the State
party’s Minister of Constitutional Affairs
announced, during the last week of May 1991,
that a fresh round of constitutional deliberations,
to which a “panel” of up to 10 aboriginal leaders
would be invited, would take place later that year
(1991).
4.2
The authors contend, inter alia, that the
restrictions were unreasonable and that their
interests were not properly represented at the
constitutional conferences. First, they stress that
they could not choose which of the “national
associations” would represent them, and,
furthermore, that they did not confer on the
Assembly of First Nations (AFN) any right to
represent them. Secondly, when the Mikmaqs
were not allowed direct representation, they
attempted, without success, to influence the
AFN. In particular, they refer to a 1987 hearing
conducted jointly by the AFN and several
Canadian Government departments, at which
Mikmaq leaders submitted a package of
constitutional proposals and protested “in the
strongest terms any discussion of Mikmaq
treaties at the constitutional conferences in the
absence of direct Mikmaq representation”. The
AFN, however, did not submit any of the
Mikmaq position papers to the constitutional
conferences nor incorporated them in its own
positions.
4.1
The State party argues that the
restrictions on participation in the constitutional
conferences were not unreasonable, and that the
conferences were not conducted in a way that
was contrary to the right to participate in “the
conduct of public affairs”. In particular, the State
party argues that “the right of citizens to
participate in ‘the conduct of public affairs’ does
not ... require direct input into the duties and
responsibilities of a government properly elected.
Rather, this right is fulfilled ... when ‘freely
chosen representatives’ conduct and make
decisions on the affairs with which they are
entrusted by the constitution.” The State party
submits that the circumstances of the instant case
“do not fall within the scope of activities which
individuals are entitled to undertake by virtue of
article 25 of the Covenant. This article could not
possibly required that all citizens of a country be
invited to a constitutional conference.”
The complaint
3.1
The authors sought, unsuccessfully, to
be invited to attend the constitutional conferences
as representatives of the Mikmaq people. The
refusal of the State party to permit specific
representation for the Mikmaqs at the
constitutional conferences is the basis of the
complaint.
3.2
Initially, the authors claimed that the
refusal to grant a seat at the constitutional
conferences to representatives of the Mikmaq
tribal society denied them the right of selfdetermination, in violation of article 1 of the
International Covenant on Civil and Political
Rights. They subsequently revised that claim and
argued that the refusal also infringed their right
to take part in the conduct of public affairs, in
violation of article 25(a) of the Covenant.
Issues and proceedings before the Committee
5.1
The communication was declared
admissible on 25 July 1990, in so far as it may
raise issues under article 25(a) of the Covenant.
The Committee had earlier determined, in respect
of another communication, that a claim of an
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