Reshaping the Government of Ontario’s Relationship with Indigenous Peoples

When the Peterson Liberals formed government in 1985, they inherited a changing Crown-Indigenous relationship. The repatriation of Canada’s constitution in 1982 included new language recognizing the rights of Indigenous peoples, and with it, underscored legal responsibilities for the government to meet.

These responsibilities were laid out in Section 35 of The Constitution Act stating:

• The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed;
• In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada;
• For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired; and
• Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

Reorienting Government Toward Partnership

To help the government navigate its responsibilities, in 1985 Premier Peterson appointed Attorney General Ian Scott as the first-ever Minister Responsible for Native Affairs. Scott, a distinguished lawyer before entering politics, had prior experience as counsel to the Berger Inquiry, which examined the social, environmental, and economic impacts of the proposed Mackenzie Valley Pipeline. and land claim issues in the Northwest Territories. In his work as Minister, Scott was informed and influenced by Justice Berger’s recommendation that there should be a ten-year moratorium on the Pipeline project giving time for Aboriginal land claims in the Northwest Territories to be settled and key conservation areas to be set aside.

Upon Scott’s appointment, the Office of Native Affairs was relocated within the Office of the Attorney General to better coordinate its work. It was later renamed the Ontario Native Affairs Directorate and assigned responsibility for land claims, which had previously been managed by the Ministry of Natural Resources. Years later, the Directorate became a full ministry and was renamed the Ministry of Indigenous Relations and Reconciliation.

In 1987, the Peterson Government also appointed Ontario’s first Indigenous Deputy Minister, Donald Obonsawin. Fluently bilingual in French and English, Obonsawin hailed from the Odanak Abenaki First Nation in Quebec. He went on to serve as a Deputy Minister for 15 years under Liberal, NDP, and Progressive Conservative governments in Ontario before joining the federal public service.

Self-Government, Land Claims, and Resource Management

In 1989, Scott introduced guidelines for negotiating self-government with Indigenous communities across the province. In December of that year, he rose in the Legislative Assembly to deliver an update on the status of the negotiations:

“I believe the course is set, the framework is now established, and the will is present to work together with our Aboriginal fellow citizens to make a better and fairer Ontario for all of us, native people and non-native people alike.”

– Ian Scott, Ontario Hansard, December 14, 1989

On behalf of the government, Scott reached a self-governance agreement with the Nishnawbe-Aski Nation and a forest stewardship agreement with the Teme-Augama Anishnabai people. Following the rejection of the Temagami Band’s land claim by the Ontario Court of Appeal, Scott made an offer of settlement to meet outstanding treaty entitlements and restore the role of the Band in natural resource management.

Indigenous-Led, Community-Based Justice and Social Services

It was also in 1989 that Stan Jolly, of the Ontario Native Council on Justice, released the landmark report, “An Investigation of Native Over-Representation in Ontario’s Justice System.” It found that Indigenous peoples in Ontario were far more likely to be incarcerated than non-Indigenous Ontarians, and that Indigenous peoples made up large majorities of the prison population in Northern communities.

As both Attorney General and Minister Responsible for Native Affairs, Scott worked with Indigenous partners to introduce Indigenous-led, community-based justice systems. He approved funding for a native legal services corporation for Nishnawbe-Aski Nation communities in Northern Ontario and reached self-policing agreements with two First Nations. In May 1990, the Peterson Government provided funding to the Sandy Lake and Attawapiskat First Nations for a pilot project to explore new community-based justice initiatives and programs.

Community and Social Services Minister John Sweeney recognized three Indigenous Children’s Aid Societies in Northern Ontario, which served one-third of all Indigenous children in bands across the province. The government’s final budget in 1990 also allocated an additional $14 million for Indigenous-managed social service initiatives.

Supporting Economic Opportunity for Indigenous Peoples

In June 1986, the Native Business Summit Foundation held the first Native Business Summit Conference and Trade Show in downtown Toronto. The purpose of the event was to bring together Indigenous and non-Indigenous businesses in order to create mutually beneficial partnerships and increase Indigenous control over economic resources.

Attending the conference, Premier Peterson touched on the contributions Indigenous people and companies make to the Canadian economy, which at the time was estimated at $1 billion annually. In his remarks at the event, he stated, “I see a bright day for Native self-determination. Instead of paternalism, we see self-determination; instead of assimilation, we see cultural enhancement; instead of destitution, we see bright prospects for community well-being.”

Peterson also pointed out, however, that too little of that value was returning to Indigenous peoples and communities. To address this, his government created an Indigenous economic development strategy for Ontario and introduced the Ontario Native Economic Support Program to help finance Indigenous community facilities. It also increased funding for Indigenous umbrella organizations throughout the province.

A Starting Point, Not an End

The Peterson Government helped set Ontario down a path towards what would later be known as Indigenous reconciliation. However, as reflected by Scott in his remarks in Hansard, there was a recognition at that time by the Government that a great deal of work, respect and good will would be required to address the historic injustices directed towards Indigenous peoples.

There is still much to be done. For example, the creation of the Truth and Reconciliation Commission in 2008 was a watershed moment in Crown-Indigenous relations across Canada, many of its 2015 Calls to Action remain unfulfilled, including some that fall under provincial responsibility in Ontario.

Still, the Peterson years helped to begin to lay a foundation for ^ partnerships with First Nations and Indigenous communities. The Peterson legacy provides concrete, hopeful examples of what can be accomplished when leaders at Queen’s Park prioritize an equal and respectful relationship with Indigenous peoples.