TAX EXEMPTION:
A TOOL FOR ECONOMIC DEVELOPMENT
FOR FIRST NATIONS

SORTING OUT THE ISSUES

Prepared for OI

 

Dr. Fred Lazar

Joseph Fiorini

 

Draft for comments only

 

July 2002

 

TABLE OF CONTENTS

Executive Summary

1.0 Introduction: Setting Out the Issues

    1. Crossroads
    2. Objectives of the Report
    3. Conclusions
    4. Outline of Report

2.0 Federal Government as a Partner: Mixed Signals or Outright Lies?

    1. Can You Work with the Feds?
    2. What do the Chretien Liberals Really Want?
    3. Is there any Choice?

3.0 The Relative Socio-economic Status of Aboriginal Peoples in Canada

    1. Background Context
    2. Labour Market Status
    3. Income Status
    4. Education Status
    5. Health Status
    6. Housing Status
    7. Conclusions

4.0 Economic Development

    1. Defining Economic Development
    2. Prerequisites for Economic Development
    3. Prerequisites for First Nations

5.0 Federal Government’s Strategies for Economic Development

    1. Overall Framework
    2. Specific Programs and Expenditures
    3. Specific Tax Incentives
    4. First Nations Initiatives
    5. Concluding Remarks

6.0 Strategies for First nations Economic Development

    1. Opportunities
    2. Barriers to Development
    3. Economic Development Strategies
    4. Concluding Observations

  1. Tax Exemption
    1. Basis for Tax Exemption
    2. The Courts: Narrowing the Exemption
    3. Revenue Canada Guidelines
    4. Benoit and Shilling
    5. Economic Development Case for Tax Exemption

8.0 Tax Exemption: A Proposal

    1. Position of the Department of Finance
    2. A Realistic Proposal
    3. The Wrong Path

Appendix: OECD Tax Treaty Model

9.0 The Road Ahead

9.1 What Do We Know

9.2 Barriers

9.3 What Needs to be Done

9.4 Concluding Comments

 

 

 

 

 

EXECUTIVE SUMMARY

Crossroads

Robert Nault, the present Minister for Indian and Northern Affairs Canada, stated at a recent conference in Ottawa (April 18, 2002: Beyond the Indian Act):

"Make no mistake. We stand at an historic turning point in our relationship with First Nations. Change is in the air – change which puts the tools of economic self-sufficiency into the hands of First Nations. Change which knows that the old cycle of social assistance does not work and must not continue. Change that sees economic development – not economic dependency – as the road ahead."

Nault is right, the First Nations and Canada are at a crossroads; however, you have been at this juncture for decades, with little progress to show. Despite tens of billion of dollars in spending by INAC and other federal government departments over the past 50 years, there have been limited economic payoffs for Aboriginal peoples.

Although Canada is among the top countries in which to live according to the United Nations’ Human Development Index, Inuit and on-reserve Indians are ranked below many developing nations. Many First Nation and Inuit communities face housing shortages, as well as rates of unemployment, dependence on social assistance and youth suicide which are higher than the national average. Indeed, the United Nations Committee on Economic, Social and Cultural Rights has observed that there has been little or no progress in the alleviation of social and economic deprivation among the Aboriginal peoples.

Economic development for the First nations is imperative. Stephen Cornell and Joseph Kalt have stressed that sovereignty, nation-building, and economic development go hand in hand. Without sovereignty and nation-building, economic development is likely to remain a frustratingly elusive dream.

There is general agreement that the First Nations must be in control of their destiny, regain the rights to resources, expand their land bases and continue to receive reparations from the federal government to support economic development initiatives, including education, health care, infrastructure and social programs.

But what is the road ahead? What needs to be done?

The Path Ahead

We know the following:

One, that sovereignty is critical if the First Nations are to ever move beyond the state of dependency and revitalize their economies so as to narrow and eliminate the economic and social gaps their peoples have long endured.

Two, substantial economic gaps exist. John McCallum has summarized the socio-economic plight of Aboriginal peoples very succinctly and very well: "The statistics leave no doubt as to the very sad state of aboriginal economic and social development today."

Eliminating the gaps would produce sizable benefits for both the First Nations peoples and all peoples living in Canada. RCAP calculated an annual net benefit of $7.5 billion. Closing only the income gap between registered Indians and non-Aboriginals could lead to a net economic benefit of between $5.8 and $7.8 billion. These estimates do not include the additional savings that would result from lower health care costs, lower social assistance payments and lower costs for justice and correctional services. With conservative estimates for these additional savings, the net economic benefits could well exceed $9.0 billion annually.

Three, the federal government is not interested in spending any more money in total in dealing with the First Nations.

Four, the federal government wants new treaties to limit its financial exposure and risks. Canada’s continued refusal to respect the spirit and intent of the historic treaties, while they implement "modern day treaties", which are extinguishment agreements rather than treaties, are part of this strategy.

Five, paternalism has been and continues to be the basis for the relationship between the federal government (and provincial governments as well) and the First Nations. The Indian Act smacks of the worst excesses of colonial paternalism. The First Nations Governance Initiative is no better.

Six, the Chretien government’s ultimate goal still appears to be assimilation as originally spelled out in the 1969 "White Paper". The 2001-02 "White Paper" model is just more sophisticated and is being sold to the public more effectively than the original. It also builds upon the failure of 30 years of policies with the failures presented to give credence to the paternalistic view of Canada towards Aboriginal peoples.

Consequently, your goals must include:

What is the strategy to achieve your goals?

It must consist of several components.

One involves public education, especially of the history of the relationships between the First Nations and the white settlers. The Report of the Royal Commission on Aboriginal Peoples should become required readings in all Canadian History courses at all levels of education. It is also critically important that the public is made aware of the conclusive findings of the Harvard Research project on the need for sovereignty.

A second component involves attacking the federal government with its own words. There are numerous examples one could use.

The third component involves the international community. A road trip by the AFN leadership to meet with the major energy and forestry companies abroad with interests in Canada, major fund management companies and the three major credit rating agencies in the U.S. to spell out clearly the current situation regarding control/ownership of lands and resources in Canada and the potential liabilities of resource companies and governments in Canada should be a priority.

Tax Exemption

Tax policy should be viewed from the point of view of incentives than as a source of revenues for First Nation governments. This latter perspective plays into the hands of the federal government and runs counter to the view that the federal government should maintain, if not expand, its financial support of First Nations communities.

There are at least two lines of argument to support tax exemption for all First Nations peoples and their companies, whether they are collectively or individually owned.

One line of argument follows from the fact that the rights to set tax rates and formulate tax policy belong to a government and are important instruments for a sovereign nation to control. If First Nations are to have self-government and eventually be treated as equals, they alone must determine how their people should be governed, and this includes how they should be taxed. Indeed, the First Nations have every right to set tax rates at zero if they decide that this would be in the best long-term interests of their peoples.

The second line of argument follows from the fact that tax policies have long been considered and used for a wide range of economic and social objectives, and as such, they can play a key part of a First Nations economic development strategy. The current and former Ministers of Finance in the Chretien government have made tax cuts a major component in their economic growth strategies.

Further, the federal government continues to have in place a large number of tax incentives to stimulate economic growth and these measure cost the government billions of dollars annually in foregone revenues.

Thus, at a minimum, First Nations peoples should not be subject to an income tax since economic development is critical to reduce and eventually eliminate the income gaps that exist between the First Nations peoples and non-Aboriginal peoples in Canada.

Incentives do matter, regardless of cultural and historic differences. Higher after-tax incomes create the incentive to invest in education and training. A more highly education and skilled work force is essential for the First Nations to have the talent to govern themselves and to have the talent that will be necessary to drive their economies. Tax exemption produces higher after-tax incomes, as long as employers do not try to capture some or all of the tax benefits.

Small businesses generally rely on personal savings and those of family and friends, as well as on internally generated cash flows, to finance the early years of their start up and growth. Higher after-tax personal incomes provide the cushion for savings, which could be invested in small businesses. Higher after-tax business incomes translate into larger cash flows, which can be re-invested in the business. Tax exemption, especially when extended to companies and their profits, can play a major role in addressing the capital barrier faced by small business and especially those started by and owned by the First Nations peoples.

So, if tax cuts and tax incentives are considered important by the federal government and the Department of Finance, they are even more so important for First Nations trying to develop their economies. It makes no sense from an economic perspective, nor should it from a political perspective, to try to raise tax rates for First Nations peoples, many of whom fall below low-income cutoff levels, when the thrust of fiscal policy is to cut tax rates and when tax incentives continue to be integral to the federal government’s policies to make the country more competitive and wealthier.

Once the tax powers are fully transferred to the First Nations, a tax model based on "citizenship" should be chosen; that is, all registered Indians should be eligible, regardless of residence and this would include all companies owned and/or controlled by registered Indians, collectively or individually.

Bottom Line

There are two global options available for the First Nations: constitutionally-entrenched First Nations’ governments with specific responsibilities similar to those enunciated in the BNA setting out provincial and federal responsibilities; or local/municipal type governments under the control of the provinces without any further protection of treaty and Aboriginal rights.

The path you take at the crossroads is yours to choose.

 

 

 

1.0 INTRODUCTION: SETTING OUT THE ISSUES

1.1 Crossroads

Robert Nault, the present Minister for Indian and Northern Affairs Canada (INAC), stated at a recent conference in Ottawa (April 18, 2002: Beyond the Indian Act):

"Make no mistake. We stand at an historic turning point in our relationship with First Nations. Change is in the air – change which puts the tools of economic self-sufficiency into the hands of First Nations. Change which knows that the old cycle of social assistance does not work and must not continue. Change that sees economic development – not economic dependency – as the road ahead."

Nault is right, the First Nations and Canada are at a crossroads; however, you have been at this juncture for decades, with little progress to show.

As several distinguished First nations people repeatedly have emphasized, there are two exits out of the Indian Act:

Sovereignty is critical if the First Nations are to have a real opportunity to extricate themselves from a cycle of dependency and to create the economic development opportunities that will give hope to current and future generations.

Cornell and Kalt, the two leading researchers for the Harvard Research Project, have concluded that the most powerful arguments for tribal sovereignty is the simple fact that it works. Nothing else has provided as promising a set of political conditions for reservation economic development.

"Not only does tribal sovereignty work, but the evidence indicates that a federal policy of supporting the freedom of Indian nations to govern their own affairs, control their own resources, and determine their own futures is the only policy orientation that works. Everything lese has failed."

Their research provides overwhelming evidence to support the imperative of sovereignty: a Nation-to-Nation relationship. But the inherent right to self-government cannot be realized on a foundation of dependency and poverty. The Royal Commission on Aboriginal Peoples (RCAP) emphasized:

"The transformation of Aboriginal economies from dependence on government transfers to interdependence and self-reliance is fundamental to the development of self-government. It is now widely accepted that Aboriginal nations and communities must be able to generate sufficient wealth to provide an acceptable quality of life for their members. Without this capacity to generate wealth and to use it for their own development, dependency will continue, and the economic and social costs of maintaining it will continue to rise."

Economic development has to become the priority of all First Nations governments. This is an important step because, without an independent source of wealth, First Nations futures and self-government dreams are just that, dreams.

Jane Stewart, the former Minister for INAC, also highlighted the critical importance of economic development and pointed out several of the major impediments standing in the way of this development when she unveiled the federal government’s action plan for Aboriginal peoples ("Gathering Strength") on January 8, 1998:

"Jobs and wealth creation are the underpinnings of prosperous, self-reliant Aboriginal communities and of meaningful self-government. The transition to self-reliance is difficult, as many Aboriginal communities have limited economic opportunity and capacity. They experience major difficulties in accessing the tools to build economic self-reliance: investment capital, markets for their products and services, suitable work experience, access to lands and resources, and innovation in the workplace."

Despite tens of billion of dollars in spending by INAC and other federal government departments over the past 50 years, there have been limited economic payoffs for Aboriginal peoples.

Although Canada is among the top countries in which to live according to the United Nations’ Human Development Index (based on income, education and life expectancy), Inuit and on-reserve Indians are ranked below many developing nations. Many First Nation and Inuit communities face housing shortages, as well as rates of unemployment, dependence on social assistance and youth suicide which are higher than the national average. Indeed, the United Nations Committee on Economic, Social and Cultural Rights has observed that there has been little or no progress in the alleviation of social and economic deprivation among the Aboriginal peoples.

When Jane Stewart was Minister for INAC, the department’s approach to economic development was to place a large emphasis on training for job. Some have suggested that the motive was to train the more promising residents for jobs off-reserve and use this "economic development" strategy to gradually depopulate these communities.

As Matthew Coon Come has pointed out:

"First Nations are the most transfer dependent governments in Canada. Over 95% of First Nation government revenues are from transfers….The federal government and some provincial governments are helping to address this by exploring new revenue options and jurisdictions for First Nations."

Moreover, as Fred Wien noted in his contribution to the Royal Bank/Cando Symposium, governments in Canada continue to meet the economic distress of the Aboriginal peoples with income support payments rather than investing in the more difficult measures that would rebuild the Aboriginal economies.

A re-birth requires sovereignty, and sovereignty must lead to economic development.

1.2 Objectives of this Report

Simply stated, the primary objectives are:

The need to address the discrepancies in living standards between Aboriginal and non-Aboriginal peoples is compounded by the fact that the Aboriginal population is growing about twice as fast as the overall Canadian population. This increases the demand for school space, housing, public infrastructure, social services and jobs.

Hence, the challenges faced by the First Nations over the next 30 to 40 years will be to make measurable improvements in economic development, for this in turn, will generate the wealth required to improve education, housing, infrastructure, social programs and the self-sufficiency of governments. But the First Nations will find themselves facing a Catch-22 paradox: the improvements in education, housing, infrastructure, social programs and the self-sufficiency of governments will have to proceed in parallel with economic development; however, the First Nations may lack the wealth required to make all of the necessary investments. And a gap in one area may prevent progress in the other areas.

Consequently, sovereignty and the fiscal capacity to govern must go together. The fiscal capacity will enable economic development strategies which will provide the foundation for long-term prosperity and financial self-sufficiency.

While development must be compatible with the cultures and traditions of the First Nations and all initiatives should build upon on them, so too must development strategies consider the realities of today’s global economy. Innovation, the product of risk-taking and the creativity and talents of people, will drive economic performance and generate wealth. But innovation is not restricted to any one sector.

Tax policies play an important role in stimulating risk-taking, innovation and personal investments in human capital. So while the current tax exemption must be retained and expanded, it will be imperative that the First Nations, in negotiating new treaties and adherence by the federal government to the old treaties, do not sacrifice any of the sources of financing owing to them and fall into the trap of trading off one source (e.g. tax exemption) for a promise of an increment in another source.

1.3 Conclusions

Matthew Coon Come has asked: "Is it cheaper to reduce our poverty by enhancing our capacities and helping make markets work on our lands while helping First Nations to partake in the mainstream economy?"

The answer is obvious. The alternative strategy has failed. A dependent and welfare economy has provided a minimal level of income for its "beneficiaries" and a measure of economic security, but it has exacted an enormous cost in terms of individual self-esteem and family and community well-being.

In 1990, Employment and Immigration Canada commented that the "Social costs associated with high unemployment, impoverished living conditions, dependency on social assistance and low educational attainment are exceedingly high."

Six years later, RCAP highlighted the costs of a "business as usual" approach and the resulting potential benefits for both Aboriginal and non-Aboriginal peoples sharing this country. According to RCAP:

"Social costs fall into two broad categories: costs associated with the economic marginalization of Aboriginal people, and costs incurred as governments attempt to address social problems through remedial programs. The value of production and income foregone is a continuing cost that can never be recovered. We estimate that the cost of foregone production was $5.8 billion in 1996. Half the cost of foregone production is shifted to governments and thus is borne by all Canadians. Governments collect less tax revenue than they would if Aboriginal people earned adequate incomes, and they pay out more in social assistance, other income support programs, and housing subsidies."

RCAP estimated the annual cost of the status quo at $7.5 billion in 1996. RCAP also assumed that all Aboriginal peoples would pay taxes on their higher incomes – an assumption at odds with one of the major themes of this report.

Furthermore, RCAP’s estimate of the potential aggregate, annual benefits of just bringing the living standards of all Aboriginal peoples to the average for Canada are probably on the low side. They do not factor in any multiplier effects of higher income levels for Aboriginal peoples. The multiplier effects – measuring the economic spillovers to the rest of the economy of higher income levels – could double the $5.8 billion estimate of foregone production. In addition, RCAP did not try to fully cost out the potential savings in health care costs (higher incomes and lower unemployment are associated with fewer health problems, likely induced by stress), law enforcement and corrections costs (again higher incomes and lower unemployment lead to lower crime rates) and administration costs (as staffing levels at INAC and other government departments would be sharply reduced).

Charles Coffey, the Executive Vice President for Business Banking at the Royal Bank of Canada, and John McCallum, then Chief Economist at the Bank and now Minister of Defence, agreed with RCAP that Aboriginal issues are a matter of concern for all Canadians and Aboriginal economic development can have a significant impact on the country as a whole.

McCallum added:

"As the country ages, there will be a premium on younger Canadians whose efforts will be needed, in part, to support the aging baby boomers. If, then, the more youthful aboriginal population can become productive workers and taxpayers, they could make a significant contribution to the economic health of the country as a whole."

Even INAC seems to have recognized the importance of economic development for the First Nations and Canada as a whole, or at least they pay lip service to this. In its 2002-03 report on Plans and Priorities, INAC stated:

"Investing in strong communities, people and economies will reduce health and other social costs and contribute to the health and well-being of on-reserve populations. Strategic investments in First Nations and Inuit economic development also strengthens the broader Canadian economy, benefits neighbouring communities and increases regional economic stability and growth."

1.4 Outline of Report

The path to follow is obvious. How to get onto to it and what to do once you are upon it are much less obvious.

Can you work with the federal government? Matthew Coon Come has observed that the Assembly of First Nations’ (AFN) suggestions have been ignored by the federal government and have been replaced by a series of unsubstantiated excuses of why First Nation priorities cannot be implemented.

"Messages referring to First Nations are often phrased to mean:

But do you have any choice? These issues will be addressed in section two of this report.

How far behind are the Aboriginal peoples in terms of socio-economic well-being? Section three will look at the economic and social data and examine the gaps.

What does economic development entail? What are the possible strategies to overcome the barriers and exploit the opportunities? Sections four to six will deal with the economic development issues.

Why does tax exemption matter? What role do tax policies have in stimulating economic development? These will be the subjects of section seven.

What is the path ahead – what are some strategic options to be considered by the First Nations? Sections eight and nine will focus on these and other questions.

2.0 FEDERAL GOVERNMENT AS A PARTNER: MIXED SIGNALS OR OUTRIGHT LIES?

2.1 Can You Work with the Feds?

The federal government has created a number of commissions and task forces to study self-government and other issues as they relate to Aboriginal peoples in Canada. For example, the 1983 report of the Special Committee on Indian Self-Government (the Penner Report) recommended that Aboriginal self-government should be enshrined in the constitution through recognition of Aboriginal title to land, waters and resources while calling for the establishment of a First Nations and federal relationship mediated by a Minister of State for First Nations

In 1985, the Oberle Report called for Treaty implementation with the rules of Treaty interpretation geared to restore inherent self-government powers and titles and re-establish nationhood with intergovernmental relationship with the Crown, and the Treaty and interpretation clauses to become part of the Constitution.

RCAP (1996) called for a restructuring of the relationship between Canada and Aboriginal Peoples through a change in policy from one of domination and assimilation to one of co-operation and co-existence. The RCAP Report also recommended the redistribution of lands and resources and the re-establishment of First Nation governments guided by an Aboriginal Parliament.

Sovereignty did not appear to be an issue in any of these reports. It was the logical consequence of treaties and their interpretation by Aboriginal peoples. And all of these reports supported the creation of self-government powers for all Aboriginal peoples with the provision of adequate financial resources to ensure the success of sovereignty.

Prior to re-gaining power in 1993, the Liberals appeared to be supportive of Aboriginal issues, including tax exemption. In the 1992 Liberal Party Convention, the following motion was passed: "therefore be it resolved that the federal Liberal Party categorically rejects the imposition of the GST to the First Nations and their citizens across Canada"

Chretien wrote to Chief Doxtator in 1993 stating:

"There is, moreover the question of the very legitimacy of imposing the GST on Aboriginal people…GST contravenes their Aboriginal and treaty rights…This policy (GST) has the practical effect of denying a tax exemption guaranteed by the Indian Act."

Paul Martin wrote in 1991 to Don Mazankowski, the then Minister of Finance:

"the government must recognize the tax immunity of the First Nations people…I urge you to rectify the present situation and honour the fiduciary responsibility of the Federal government in relation to tax immunity for Aboriginal Canadians."

Even after they assumed power the Liberals continued to say the right things. The Gathering Strength initiative introduced in 1998 recognized that the vision of strong, healthy Aboriginal communities, peoples and economies depends upon a strong foundation of partnership and the building blocks of good governance and a new fiscal relationship. The priorities for this action plan included facilitating capacity development; strengthening governance; creating an Aboriginal economy; modernizing the Indian Act; and designing a modern treaty relationship.

The January 30, 2001 Throne Speech stated that "too many [Aboriginal people] continue to live in poverty, without the tools they need to build a better future for themselves or their communities". The Speech also contained several key commitments including:

With regards to this latter commitment, the Throne Speech acknowledged that the federal government was committed to working out government-to-government relationships at an agreed-upon pace acceptable to the First Nations. These government-to-government relationships would be consistent with the treaties, the recognition of the inherent right of self-government, Aboriginal title, and Aboriginal and treaty rights under section 35 of the Constitution Act, 1982.

With regards to the Indian Act, Robert Nault admitted the following:

"The fact is that this Act never contemplated the day when First Nations would stand as full partners in our society, when they would take their rightful place and play their full part in the life of this country. For all practical purposes, Chief and Council were powerless, with all of the authority left in the hands of the Minister of Indian Affairs. The Act makes 120 references to how ‘the Minister may’ do this or that, but only three references to how ‘the band may.’

And in those areas where bands could act, they were responsible to the federal government, not to their membership directly. The Indian Act took away traditional systems of Aboriginal government and replaced them with one alien to their culture.

And because it was premised on the assumption that First Nations would gradually be absorbed into the larger Canadian society, the Act was silent on many key areas."

INAC as well has said the right things regarding self-government, treaties and the Indian Act.

In its 2001-02 Report on Plans and Priorities, INAC stated that the "Indian Act is an antiquated piece of legislation that has proven inadequate in supporting the aspirations of First nations communities to build and maintain healthy, vibrant communities."

A year later INAC observed that:

"The absence of modern-day treaties hinders sustainable economic and resource development, because uncertainty as to who owns or may use lands and resources provides a more secure climate for investment and sustainable growth.

Treaties and self-government contribute to self-sufficiency, jobs and increased capacity for Aboriginal people to attain a better quality of life and for Aboriginal communities to have pride in their accomplishments."

But do the Liberals and their advisors "walk the talk"?

2.2 What Do the Chretien Liberals Really Want?

In 1969, then Indian Affairs Minister Jean Chretien developed the "White Paper" which would terminate the rights of First Nations as Peoples, would make reserves municipalities under provincial jurisdiction and would assimilate all First Nations peoples into "White society".

Today, is the position of a Jean Chretien-lead government any different?

In December 1994, then Finance Minister Paul Martin stated that forcing Aboriginal peoples to pay income tax is part of the process towards self-government. Indian Affairs Minister Ron Irwin commented in May 1995 that Indians who strike costly land claims deals and form their own governments should eventually pay taxes back into Canadian society. According to Irwin, the removal of the Indian Act’s tax exemption would be part of a future federal policy. He also accepted the position of the British Columbia provincial government that Canadians would find it easier to accept self-government and land deals if Indians lost the tax exemption they get if they live and work on reserves.

The Gathering Strength plan called for financially viable Aboriginal governments able to generate their own revenues and able to operate with secure, predictable government transfers. In light of the fact that INAC has suggested in the past that due to federal fiscal constraints all federal funding for self-government would be achieved through the re-allocation of existing resources and that in a draft version of the "Financial Institutions Act", mention was made that this statute would introduce local taxation, the federal government appears to be setting the stage for canceling all tax immunity and shifting more of the financial burden for social and economic programs onto the First Nations and their people. Paul Martin and the Department of Finance still seem to be driving the agenda to force Aboriginal peoples to pay income tax as part of the process towards and to defray part of the costs of self-government.

In an October 1999 speech, XXX noted:

"Fostering good government and strong accountability in First Nations communities will increase investor confidence, support economic partnerships, and improve living conditions. Land claim agreements, in particular, are essential to create certainty for Aboriginal people and their surrounding communities – providing the climate needed for partnerships, investments and economic opportunities."

But to the federal government, good government and strong accountability means the First Nations Governance Initiative, which, according to Robert Nault, will supply the tools missing from the Indian Act and pave the way for greater self-reliance, economic development and hope among First Nations’ communities. In other words, the First Nations cannot be trusted to govern themselves, and so the federal government, following in the footsteps of the paternalistic Indian Act and general government policies towards all Aboriginal peoples, must dictate how the First nations are to conduct their affairs.

Yet, as I will argue later in this report, if good governance is in the interests of the First Nations and their governments, why would they not adopt the most appropriate practices compatible with their goals and cultures? Either you know what is best for you or if you do not know or do not want to adopt what is in your interests, then externally imposed rules will not work either. Curiously, the federal government does not make similar demands for good governance of all its co-members in international bodies such as the United Nations or the World Trade Organization.

With respect to land claims, INAC has pointed out that:

"Failure to settle comprehensive land claims or modern-day treaties results in increased legal costs to settle issues in court, as well as the cost of lost opportunities – loss of the sustainable development of land, resources and capacity, of potential investors, and of meaningful socio-economic partnerships between First Nations and governments, the private sector, and other citizens of Canada."

The failure largely can be placed upon the federal government. It has had no financial incentive to negotiate – the longer the process is drawn out, the more the federal government saves since interest costs are not included in any settlement and the more likely that the First Nations will agree to lower valued settlements as they become weary and frustrated by the process. The federal government also has no political incentive. Treaties and land settlements are not understood by the public, who also view Aboriginals as beneficiaries of unnecessarily extravagant government largesse. Aboriginal peoples as a whole do not have the same political influence as do the non-Aboriginals who would oppose the payment of reparations and fair settlements to the Aboriginal peoples.

Thus, the First Nations have every right to be wary when Robert Nault announces that:

"we need to address the issue of land claims, because the most sophisticated governance structures, with the best fiscal management, won't impress investors if ownership of the land itself is in dispute.

We are proposing an independent claims body to replace the current Specific Claims Commission. This body would have two components—a Commission to facilitate negotiations and a Tribunal to resolve disputes.

"This system would expedite disputes and save money. It would also emphasize that both the Government of Canada and First Nations would rather negotiate than litigate.

By settling these claims we would remove an enormous roadblock to economic development. Investors could proceed with confidence and First Nations could negotiate from positions of strength."

A new Commission is not the solution. Commitment and goodwill on the part of the federal government are needed. A Commission protects the government from further criticism for dragging its feet.

So is the Jean Chretien government 2001-02 "White Paper" model fundamentally different from the original 1969 model? The current model is just more sophisticated and is being sold to the public more effectively than the original. It also builds upon the failure of 30 years of policies with the failures presented to give credence to the paternalistic view of Canada towards Aboriginal peoples.

The current model includes:

Paternalism flourishes in the current model.

Own source revenues will lay the groundwork for the full taxation of Indians and the gradual reduction in federal spending on First Nations’ health, education, social assistance, economic development and infrastructure initiatives. In addition, the Financial Institutions Act is likely to introduce property and other forms of local taxation on reserves and end all tax immunity.

2.3 Is There Any Choice?

A unilateral declaration of independence is not a feasible option. Therefore, there is no alternative to negotiating with the federal government. But there are a number of strategies worth considering – they will be the subject of the final section of this report.

But as a starting point, it might be worthwhile throwing back the words of the Liberals into their faces and emphasizing the inconsistencies to the media.

For example, the words of Robert Nault:

"In fact, no one would be happier than I would be if tomorrow every First Nation in Canada signed self-government agreements that would allow us to relegate the Indian Act to the dustbin--a relic of an earlier time and outdated ideas."

Why not put forth such a proposal? Of course, before you would be in the position to do so, you would have to have all your positions worked out thoroughly and your arguments developed clearly. The principal goal of this report is to assist in this process.

As well, it is interesting to note that, in supporting his Governance Act, Nault referred to the Harvard Research Project and its finding that the U.S. tribes with good governance were the ones that were most successful. He failed to emphasize the major conclusion of the Project; namely, the most powerful arguments for tribal sovereignty is the simple fact that it works. Nothing else has provided as promising a set of political conditions for reservation economic development. This principal finding together with the obvious logic that, if good governance is a prerequisite for sovereignty to succeed, First Nations are wise enough to do what is in their best interests and adopt good governance practices would make clear the government’s real objective – assimilation as spelled out clearly in the 1969 White Paper.

Or the words of Nault’s predecessor at INAC, Jane Stewart:

"The Government of Canada recognizes that Aboriginal people maintained self-sufficient governments with sustainable economies, distinctive languages, powerful spirituality, and rich, diverse cultures on this continent for thousands of years. Consistent with recommendations of the Royal Commission on Aboriginal Peoples, the federal government has recognized the inherent right of self-government for Aboriginal people as an existing Aboriginal right within section 35 of the Constitution Act, 1982.

The Government of Canada affirms that treaties, both historic and modern, will continue to be a key basis for the future relationship.

In moving forward, the federal government believes that treaties, and the relationship they represent, can guide the way to a shared future. The continuing treaty relationship provides a context of mutual rights and responsibilities which will ensure that Aboriginal and non-Aboriginal people can together enjoy the benefits of this great land.

With respect to the historic treaties, First Nations representatives have often expressed frustration that governments have not sufficiently appreciated the importance of the treaties and the treaty relationship. First Nations commonly hold the view that many treaty promises have been broken over the years. The federal government recognizes that the treaty parties must deal with and honour the past relationship in order to move in partnership into the future."

Are these still the positions of the INAC bureaucrats? If not, why not? If so, why do they not also represent the views of the Minister and the government?

The federal government is sensitive to external views and pressures. For example, the federal government wants Canada to remain among the top-rated countries in the world. But to accomplish this goal, it will have to address the discrepancies in living standards between Aboriginal and non-Aboriginal peoples in Canada. Furthermore, in the international context, Canada supports the recognition of a right to self-determination for indigenous peoples, which respects the political, constitutional, and territorial integrity of democratic states.

So a multifaceted strategy is required for the First Nations to have a chance of achieving their goals of sovereignty and prosperity. And an economic development strategy must be part of the overall strategy.

  1. THE RELATIVE SOCIO-ECONOMIC STATUS OF ABORIGINAL PEOPLES IN CANADA

3.1 Background Context

The United Nations (UN) uses the following indicators to evaluate the economic well-being of the citizens of a country: average income per capita, life expectancy and education. As we will see, by all three measures, Aboriginal peoples rank poorly.

Jane Stewart has expanded upon the UN list. According to her, well-being is measured by the following variables: the physical environment – adequacy of housing and availability of clean water; access to education and training opportunities; the opportunity to participate in the economy and earn a meaningful livelihood; and access to the health, social and cultural supports needed to ensure that people can remain healthy. The expanded list only makes the comparison worse for Aboriginal peoples.

It is useful to put the area of the land set aside for reserves for the 600+ Indian bands into some context in order to gain a better understanding of the issues surrounding land claims. Canada has a land mass of 6.5 million square kilometers. Over 130,000 square kilometers have been set aside for National Parks (2% of the total land mass). There are currently only 26,300 square kilometers of reserve lands (0.4% of the total land mass).

The Indian population on reserves is distributed as follows in 1999:

But even these numbers are misleading since they do not provide a good indication of the remoteness of reserves. For example, reserves defined as in urban centers bear little resemblance to our common perception of an urban center. According to INAC, an urban reserve is defined as a First nation reserve located within 50 km from the nearest service center having year-round road access. A service center in turn is defined as a community where the following services are available – supplies, material and equipment (for construction, office operations, etc.); pool of skilled or semi-skilled labour; at least one financial institution; provincial services; and federal services. Not an urban center by any stretch of the imagination.

A special access reserve is one that has no year-round road access to the nearest service center.

Thus, as noted by INAC, "(a) large portion of Indian reserves are considered rural or remote, as such it can be expected that these reserves experience unique social and economic characteristics which differ from Canada as a whole." Interestingly, the INAC study did not confirm "the universal assertion that marked differences found between the reserve population and the Canadian population as a whole can be attributed to community size and remoteness of location."

3.2 Labour Market Status

Tables 1 and 2 should be looked at together.

Table 1: Labour Market Characteristics, Aboriginal and Non-Aboriginal Populations Aged 15+, Canada, 1991 and 1996 (%)

 

1991

   

1996

   
 

UR

PR

ER

UR

PR

ER

Total Aboriginal

25

57

54

20

63

51

Registered Indians

28

52

38

27

54

40

On reserve

31

47

32

29

52

37

Off reserve

     

26

57

42

Inuit

25

57

43

22

60

47

Metis

22

63

49

20

66

53

Other Aboriginal

     

14

71

61

Non-Aboriginal

10

68

61

10

66

59

UR: Unemployment rate – total unemployed as a proportion of labour force

PR: Participation rate – labour force as a proportion of population 15+ years of age

ER: Employment-population ratio – total employed as a proportion of population 15+ years of age

Sources: 1991 and 1996 Census

It is apparent that on-reserve Indians fare poorest in the labour market. Not only are their unemployment rates much higher than the non-Aboriginal labour force – almost three times higher in 1996; but they are higher than each of the other distinct categories of Aboriginal peoples. Off-reserve Indians have the second highest levels of unemployment.

As well, the participation rates of on-reserve Indians are much lower than the non-Aboriginal labour force (21% lower in 1996) and each of the other Aboriginal labour forces. Once more, the off-reserve Indians have the second lowest participation rates.

A relatively lower participation rate goes hand-in-hand with higher unemployment rates. High unemployment rates tend to discourage active labour force participation and so this leads to lower labour force participation rates. The unemployment rates for registered Indians, both on and off reserve, do not measure the so-called hidden unemployed – those individuals who have dropped out of the labour force altogether because they could not find any jobs. Hence, the real unemployment rates for registered Indians are much higher than those recorded and measured in Table 1. If one includes the hidden unemployed, the unemployment rate for registered Indians would have stood at 40% in 1996 – compared to the 27% shown in Table 1.

Table 2: Labour Force Characteristics, Aboriginal as Proportion of Non-Aboriginal, Canada, 1991 and 1991 (%)

 

1991

   

1996

   
 

UR

PR

ER

UR

PR

ER

Total Aboriginal

250

84

89

200

95

86

Registered Indians

280

76

62

270

82

68

On reserve

310

69

52

290

79

63

Off reserve

     

260

86

71

Inuit

250

84

70

220

91

80

Metis

220

93

80

200

100

90

Other Aboriginal

     

140

108

103

Source: Table 1

The employment-population ratio, which the product of the employment rate (one minus the unemployment rate) and the participation rate also is lowest for the on-reserve Indians – approximately 37% below the employment rate for the non-Aboriginal labour force. The off-reserve registered Indians had the second lowest employment rate.

The relative positions of all Aboriginal labour force groups did improve between 1991 and 1996. But despite the improvements, the relative positions of the total Aboriginal labour force and of registered Indians in particular are still abysmal. The unemployment rates for all registered Indians were 170% higher than those of the non-Aboriginal labour force; the participation rates were 18% lower (leading to an even larger unemployment gap when the hidden unemployed are included in the unemployment rate); and the employment rates were 32% lower.

The only Aboriginal group that compares reasonably well is the "other Aboriginal" labour force.

The unemployment rates for the Aboriginal labour force is consistently over twice the levels for non-Aboriginals in Canada in 1996, regardless of geographic location (Table 3). The Aboriginal labour force unemployment rates also were in excess of 21% in all geographic locations.

Table 3: Labour Force Characteristics, Aboriginal and Non-Aboriginal Populations Aged 15+, Canada, Geographic Area, 1996 (%)

 

Aboriginal

   

Non-Aboriginal

   
 

UR

PR

ER

UR

PR

ER

On reserve

29

   

13

   

Rural, non-reserve

23

   

10

   

Urban CMA

21

   

9

   

Urban, non-CMA

24

   

10

   

Urban

22

61

48

10

66

59

Source: 1996 Census

Table 4: Labour Force Characteristics, Aboriginal and Non-Aboriginal Populations Aged 15+, Canada, Selected CMAs, 1996 (%)

 

Aboriginal

   

Non-Aboriginal

   

Aboriginal Pop’n as % of Total

 

UR

PR

ER

UR

PR

ER

 

Halifax

12

66

57

8

68

62

0.6

Montreal

21

62

49

11

64

56

0.3

Ottawa-Hull

16

67

56

9

70

63

1.2

Toronto

16

67

56

9

67

61

0.4

Thunder Bay

28

53

38

10

65

59

5.9

Winnipeg

25

58

43

7

68

63

6.9

Regina

27

57

42

6

71

66

7.1

Saskatoon

25

52

39

7

71

66

7.5

Calgary

14

70

60

6

74

69

1.9

Edmonton

22

61

48

8

71

66

3.8

Vancouver

20

63

50

8

67

62

1.7

Victoria

18

60

48

8

65

60

2.2

Source: 1996 Census

According to the INAC study, in 1991 only 1.2% of the gap between the unemployment rates experienced by registered Indians living on reserves and the unemployment rates of those living in Canada as a whole could be explained by community size and location. Assuming that INAC would find similar results in 1996 using its methodology, which is far from thorough, then it would appear that "remoteness" cannot explain the poorer labour force experiences of o-reserve registered Indians.

In all the major urban centers across Canada, the Aboriginal population fares much worse than their non-Aboriginal counterparts in the labour market – higher unemployment rates, lower participation rates (reflecting poorer job prospects) and lower employment rate (reflecting higher unemployment and lower participation rates) – Table 4. For example, the unemployment rates range from 50% higher in Halifax to 4.5 times (350%) higher in Regina.

RCAP pointed out:

"Dependence is related not only to lack of jobs and reliance on social assistance but also to the kinds of jobs held by the employed population, many of which are dependent on government funding….Aboriginal people, to a greater extent that other Canadians, rely on employment in the public sector…greater dependence on externally derived funding and a weaker private sector, especially among registered Indians and Inuit."

Table 5: Experienced Labour Force by Industry, 1996 (% of total labour force)

 

Primary

Secondary

Public Administration

Other Tertiary

Total Aboriginal

7

10

36

47

Registered Indians

9

7

48

35

On reserve

12

4

62

22

Off reserve

7

10

37

46

Inuit

5

2

47

46

Metis

9

9

30

52

Other Aboriginal

5

12

28

54

Non-Aboriginal

6

14

28

52

Source: 1996 Census

The data in Table 5 confirm this position. Registered Indians, especially those living on reserves, are overwhelmingly employed in the public sector. They also are over-represented in the primary sector – a finding one would expect given the importance of the land and the customary occupations of hunting and fishing, and the proximity of reserves to the resource sectors and projects (forestry, mining and oil and gas).

Registered Indians in total, but especially those on reserve are very under-represented in other tertiary industries – financial services, transportation, retail and wholesale trade, business services, utilities, communications.

3.3 Income Status

Poor labour force status translates into equally poor income status. Registered Indians in total and those on reserve in particular fare badly relative to the non-Aboriginal population in terms of median household income, average individual income, percentage of families below the low-income cutoff and the percentage of individuals with transfers as a major source of income. While income levels improved between 1990 and 1995, the incidence of low income and the importance of transfer payments as a major source of income actually increased during this time period.

Table 6: Income Characteristics, Registered Indians and Non-Aboriginal Population, 1990 and 1995

 

1

2

3

4

1990

       

Registered Indians

$21,600

$11,900

40%

35%

On reserve

18,800

9,800

40

40

Non-Aboriginal

36,600

22,400

13

16

1995

       

Registered Indians

25,600

14,900

41

42

On reserve

24,200

12,900

40

45

Non-Aboriginal

41,900

26,300

16

24

1: Median household income – constant 1992 dollars

2: Average individual income – constant 1992 dollars

3: % of families at/below low-income cut-offs

4: % of individuals with transfers as major income source

Sources: 1991 and 1996 Census

The median household income of all registered Indians was 61% of the median income for non-Aboriginals in 1995 (Table 7). This represented a modest improvement from 1990. If we were to extrapolate this rate of improvement into the future, it could take almost 100 years for the gap in median household incomes to disappear.

Table 7: Income Characteristics, Registered Indians as Proportion of Non-Aboriginal Population, 1990 and 1995 (%)

 

1

2

3

4

1990

       

Registered Indians

59

53

308

219

On reserve

51

44

308

250

         

1995

       

Registered Indians

61

57

256

175

On reserve

58

49

250

188

Source: Table 6

The relative income status of Aboriginal peoples living in urban centers was better than those on reserve or in rural areas (Table 8). Nevertheless, even in the best case – the non-central metropolitan areas (non-CMAs) of urban centers, the Aboriginal populations’ average total income was only 73% of the average income for non-Aboriginals.

Table 8: Average Total Income, Aboriginal and Non-Aboriginal Populations Aged 15+, Canada, Geographic Regions, 1996

 

Aboriginal

Non-Aboriginal

Aboriginal as % of Non-Aboriginal

On reserve

$12,300

$23,300

53%

Rural, non-reserve

16,800

23,100

52

Urban CMA

17,100

26,800

64

Urban, non-CMA

17,300

23,700

73

Source: 1996 Census

In 1996, in every major urban center across the country, the Aboriginal peoples had lower average total incomes and higher incidences of low income than non-Aboriginals (Table 9). In the cities Toronto and east, the average total income of Aboriginal peoples ranged between 70% and 77% of the income levels for non-Aboriginals. In the cities between Thunder Bay and Calgary, the average total incomes ranged between 55% and 65% of non-Aboriginals.

The incidence of low income ranged from a low of 28% in Halifax to a high of 64% in Saskatoon. Again, the incidences of low income among the Aboriginal peoples were higher in western Canada, including Thunder Bay, than in eastern Canada.

Table 9: Average Total Income and Incidence of Low Income, Aboriginal and Non-Aboriginal Populations Aged 15+, Canada, Selected CMAs, 1996

 

Aboriginal

 

Non-Aboriginal

 
 

Income

Incidence

Income

Incidence

Halifax

$17,600

28%

$25,200

18%

Montreal

19,000

42

24,600

27

Ottawa-Hull

22,300

37

29,800

19

Toronto

21,800

34

29,000

21

Thunder Bay

17,400

46

26,900

13

Winnipeg

14,500

61

24,700

20

Regina

14,600

63

26,400

14

Saskatoon

13,900

64

24,800

18

Calgary

18,800

49

29,100

19

Edmonton

15,200

54

26,100

20

Vancouver

18,000

49

27,600

23

Victoria

17,800

42

27,500

15

Source: 1996 Census

The INAC study found that in 1991, of the total difference in average individual total income of registered Indians on reserve and average individual total income for all Canadians, nearly 42% was explained by community size and remoteness of location.

Table 10: Average Number of On-Reserve Social Assistance Recipients per Month, Canada, 1990-91 to 1999-00

   

1990-91

54,487

1991-92

59,319

1992-93

61,818

1993-94

65,666

1994-95

69,890

1995-96

69,029

1996-97

68,790

1997-98

70,927

1998-99

72,612

1999-00

73,974

% change

36%

Source: INAC Departmental Data, 2000

The incidence of low income and dependence on social assistance also are reflected in the large and increasing numbers of registered, on-reserve Indians, 15 years of age and older who received social assistance. The data in Table 10 together with the data in Table 5 support the contention that registered Indians living on reserves continue to be highly dependent on government transfers and jobs. This in turn reflects the serious underdevelopment of reserve economies and the failure of past government programs.

3.4 Education Status

Registered Indians are over-represented among those with less than a high school education – 22% of all registered Indians and 30% of on-reserve Indians had less than a grade nine education in 1995 compared to only 12% of non-Aboriginals – and under-represented among those with a university education or with some other post-secondary degree or certificate (Table 11). In 1995, only 6% of on-reserve Indians, 15 years or older were high school graduates and only another 2% had a university degree. 15% of non-Aboriginals had a high school degree and another 13% had a university degree.

Table 11: Educational Attainment, Registered Indians and Non-Aboriginal Population Aged 15+, Canada, 1991 and 1996

 

1991

   

1996

   
 

Registered Indians

On-Reserve

Non-Aboriginal

Registered Indians

On-Reserve

Non-Aboriginal

< Grade 9

28%

37%

14%

22%

30%

12%

High School

41

37

39

42

39

37

HS graduate

7

5

15

7

6

15

Trades & other non-university

23

21

26

26

24

28

Degree/certificate

15

14

20

17

16

21

University

8

5

21

11

8

23

Degree

2

1

11

3

2

13

Sources: 1991 and 1996 Census

While there has been some improvement in the educational attainment of registered Indians between 1991 and 1996. the improvements have been marginal for those with a high school degree, a post-secondary degree or certificate (university and other), or some post-secondary education other than university.

Table 12: Full-time Post-secondary Enrollment Rates, 17-34 Year Olds, 1994-95 to 1998-99 (%)

 

1994-95

1995-96

1996-97

1997-98

1998-99

Registered Indians receiving INAC funding

6.6%

7.0%

6.5%

6.7%

6.3%

All Canadians

11.0

11.2

11.1

11.5

11.8

Source: INAC Departmental Data, 2000

The relative gap in full-time post-secondary enrollment rates for 17 to 34 year old registered Indians receiving INAC funding and all Canadians has not changed between fiscal year 1994-95 and 1998-99. The enrollment rates for the registered Indians also have not improved over this five-year period (Table 12).

Among urban populations, the Aboriginal peoples are over-represented among those with less than a high school education – an astonishing 48% had less than a high school education in 1995 (Table 13) – and under-represented among those with a university degree.

Educational attainment is positively correlated to labour force experience – the more educated experience lower rates of unemployment and are more likely to participate in the labour force because of the better job prospects, thus are likely to have higher participation rates. The Combination of lower unemployment rate (higher employment rates) and higher participation rates translate into higher employment-population ratios.

Table 13: Urban Aboriginal and Non-Aboriginal Populations Aged 15+, Out of School, Highest Level of Schooling, Canada, 1996 (%)

 

Aboriginal

Non-Aboriginal

Less than high school

48

33

Secondary with certificate

11

16

Some post-secondary

12

9

Completed non-university

23

25

Completed university

6

17

Source: 1996 Census

The data in Table 14 tend to show this positive correlation for both the Aboriginal and non-Aboriginal populations in 1996, although there appears to be a slight discrepancy for those with some post-secondary education. Perhaps, the failure to complete a post-secondary education is viewed negatively by prospective employers and thus hinders the job opportunities for all people – especially the Aboriginal peoples.

Table 14: Employment/Population Ratios for Urban Aboriginal and Non-Aboriginal Populations Aged 25-44 Years, Highest Level of Schooling, Canada, 1996 (%)

 

Aboriginal

 

Non-Aboriginal

 
 

Males

Females

Males

Females

Less than high school

52

31

72

53

Secondary with certificate

71

60

84

69

Some post-secondary

61

47

82

70

Post-secondary certificate

76

66

88

80

Source: 1996 Census

The relatively poorer labour force and income status of Aboriginal peoples, and in particular registered Indians, is in part a consequence of their relatively poorer education status. But there is a "chicken-and-egg" problem. The relatively poorer education status most likely reflects the relatively poorer employment and income opportunities available. So while a more educated work force could lead to higher income levels and lower unemployment rates, unless, there is an incentive to invest in education and training, there is likely to be little progress in improving the levels of educational attainment.

Expanding the scope of the current, but limited tax exemption, could serve as a powerful incentive for registered Indians, both on and off reserves to invest more in their education.

3.5 Health Status

Registered Indians fare worse on several indicators of health status – life expectancy, infant mortality rates and age standardized TB incidence (Table 15). These findings are not surprising, since health status and labour force and income status are positively correlated. Individuals active in the labour market who earn above average income levels tend to be healthier and/or have better access to health care.

So the inferior health status of registered Indians is the mirror image on their relatively poorer labour force, income and education status. Economic development for the First Nations should improve the economic status of registered Indians and this should lead to improvements in their health. The status quo does have considerable hidden costs and the payoffs from economic development could be substantial not only for the Aboriginal peoples but for all other people in Canada.

Table 15: Selected Health Indicators, Registered Indians and All Canada, 1991 and 1996

 

1991

   

1996

   
 

Registered Indians

On-Reserve

Canada

Registered Indians

On-Reserve

Canada

Life expectancy (years)

           

Males

66.9

 

74.6

68.2

 

75.7

Females

74.0

 

80.9

75.9

 

81.5

Infant mortality rates (per 1,000)

11.9

 

6.4

11.6

 

6.1

Age standardized TB incidence (per 100,000)

 

58.1

7.2

 

35.8

6.5

Source: 1991 and 1996 Census

On a positive note, there does appear to be a steady increase in the life expectancy of registered Indians (Table 16). This might go hand-in-hand with the gradual improvements in income and education levels.

Table 16: Life Expectancy, Registered Indians and All Canada, 1985-2000

 

Males

 

Females

 
 

Registered Indians

Canada

Registered Indians

Canada

1985

63.9

73.1

71.0

80.0

1990

66.9

74.3

74.0

80.8

1995