Minister of Crown–Indigenous Relations explained

Post:Minister of Crown–Indigenous Relations
Insigniasize:200px
Incumbent:Gary Anandasangaree
Incumbentsince:July 26, 2023
Department:Crown-Indigenous Relations and Northern Affairs Canada
Style:The Honourable
Appointer:Monarch (represented by the governor general)
Appointer Qualified:on the advice of the prime minister
Termlength:genderp=~}}}} Majesty's pleasure
Formation:May 22, 1868
Inaugural:Hector Louis Langevin

The minister of Crown–Indigenous relations (French: ministre des relations couronne-autochtones) is a minister of the Crown in the Canadian Cabinet, one of two ministers (the other being the minister of northern affairs) who administer Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), the department of the Government of Canada which is responsible for administering the Indian Act and other legislation dealing with "Indians and lands reserved for the Indians" under subsection 91(24) of the Constitution Act, 1867. The minister is also more broadly responsible for overall relations between the federal government and First Nations, Métis, and Inuit.

Gary Anandasangaree has been the present minister of Crown–Indigenous relations since July 26, 2023.

The current version of the position was created alongside the minister of Indigenous services, who administers Indigenous Services Canada, the department responsible for health care, water, and other services to Indigenous communities when Prime Minister Justin Trudeau announced on August 28, 2017, that the federal government intended to abolish the Indigenous and Northern Affairs Canada department.

Legal title

The applied title of the Department of Indian Affairs and Northern Development (DIAND), under the Federal Identity Program, is Indigenous and Northern Affairs Canada (INAC). INAC is responsible for policies relating to Aboriginal peoples in Canada, that comprise the First Nations, Inuit and Métis. The title has been changed over the last decade from "Minister of Indian Affairs and Northern Development" to a working title of "Minister of Aboriginal Affairs and Northern Development Canada" on May 18, 2011, during the cabinet shuffle under then-Prime Minister Stephen Harper,[1] and again to "Minister of Indigenous and Northern Affairs Canada" during the 29th Canadian Ministry on November 4, 2015. The current working title under CIRNAC was introduced in the 29th Ministry on August 28, 2017, in which Prime Minister Justin Trudeau announced that the Indigenous and Northern Affairs Canada would be gradually abolished.[2]

Mandate

According to their website, the mandate of the Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is to "renew the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis; modernize Government of Canada structures to enable Indigenous peoples to build capacity and support their vision of self-determination; and lead the Government of Canada's work in the North."[3]

Nomenclature

In their July 5, 2018 document, CIRNAC wrote that the concept of Aboriginal nation in Canada, based on the 1996 Report of the Royal Commission on Aboriginal Peoples (RCAP), refers to "a sizeable body of Aboriginal people with a shared sense of national identity that constitutes the predominant population in a certain territory or collection of territories. There are three elements in this definition: collective sense of identity; size as a measure of capacity; and territorial predominance. The first element, a collective sense of identity, can be based on a variety of factors. It is usually grounded in a common heritage, which comprises such elements as a common history, language, culture, traditions, political consciousness, laws, governmental structures, spirituality, ancestry, homeland or adherence to a particular treaty."[4]

According to the 1985 Department of Indian Affairs and Northern Development Act (R.S.C., 1985, c. I-6) [5] the term "Indian" remained in the department's legal name, although the term "Indigenous" is used in its applied title under the Federal Identity Program.[6] [7]

According to a 2004 AADNC Government of Canada document, the term "First Nation", has been used since the 1970s instead of the word "Indian", which some people found offensive. The term "Indian" is used for legal and historical documents such as Status Indians as defined by the Indian Act. For example, the term "Indian" continues to be used in the historical and legal document, the Canadian Constitution and federal statutes. The term "Aboriginal" is commonly used when referring to the three groups of Indigenous peoples as a whole, First Nations, Inuit and Métis.[8] It is also used by Aboriginal people who live within Canada who claim rights of sovereignty or Aboriginal title to lands.

Background

In 1983, the Penner Report by the Special Parliamentary Committee on Indian Self-Government, chaired by Liberal MP Keith Penner, had recommended the phasing out of the Indian Act and the Department of Indian Affairs and the introduction of Native self-government.[9] Then-Prime Minister Brian Mulroney, had dismissed the report in 1984. Reports and commissions following the Penner Report including the "Report on the Royal Commission on Aboriginal Peoples (1996), the Truth and Reconciliation Commission of Canada Calls to Action (2015), the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples (2017), Recognition of Indigenous Rights and Self-Determination discussions, and the national engagement—[Recognition and Implementation of Indigenous Rights Framework (RIIRF)]—led by the Minister of Crown-Indigenous Relations", confirmed that "changes are needed to ensure that policies effectively respond to the needs and interests of Indigenous communities" and that policies need to be aligned "with evolving laws and the United Nations Declaration on the Rights of Indigenous Peoples, including the concept of free, prior and informed consent."[10] On February 14, 2018, during a speech in the House of Commons, Trudeau announced the formation of the Recognition and Implementation of Indigenous Rights Framework which was intended to "enshrine Section 35 of the Constitution Act, 1982— which affirms Indigenous rights — in federal law" and to "fill the gap between federal government policies and multiple court decisions on Indigenous rights." It was to be undertaken in "full partnership with First Nations, Inuit, and Métis Peoples".[11] [12] [13] [14]

In their Fourteenth Report released on December 3, 2018, the Standing Senate Committee on Aboriginal Peoples listed improvements, changes and concerns related to the relationship between CIRNAC and agencies such as the Lands Advisory Board also known as First Nations Land Management Resource Centre (FNLMRC), the First Nations Tax Commission (FNTC)[15] [16] and the First Nations Financial Management Board [17] [18] [19] [20] [21]

Changing names and responsibilities from 1867 to 2019

Prior to Canadian Confederation in 1867, the Indian Department for British North America was responsible for relations between the Crown and Indigenous peoples.

A superintendent-general of Indian affairs was in the Cabinet of Canada from 1867 until 1936 when the Minister of Mines and Resources became responsible for native affairs. In 1950, the Indian Affairs branch was transferred to the minister of citizenship and immigration, who had responsibility for "status Indians" until the creation of the position of minister of Indian affairs and northern development in 1966.[22]

Before 1966, the Northern Development portions of the portfolio were the responsibility of the minister of northern affairs and national resources.[22]

A 1983 House of Commons Committee recommended that Indian or First Nations communities be allowed to write their own membership code provided that the code did not violate fundamental human rights. A second report from the 1983 Penner Committee recommended the gradual abolition of the office of minister of Indian affairs and a transfer of responsibility for their own affairs to First Nations communities. Proposed changes died on the House of Commons' Order Paper at the end of the parliamentary session and have not been re-introduced.

Until amendments to the Indian Act in 1985 restored Indian status to many people whose status had been revoked for discriminatory reasons, about half of the persons claiming to be Indians were entitled to be registered as Indians under the Indian Act and to receive the benefits reserved for registered Indians under the Act. In 1985, status was restored to 100,000 people including women who married men who were not Status Indians, and their children; people who had, prior to 1961, renounced their Indian status so they could vote in federal elections, and their children; people whose mother and paternal grandmother did not have status before marriage (these people lost status at 21), and their children; and people who had been born out of wedlock of mothers with status and fathers without, and their children.

As of July 2004, the minister of Indian affairs and northern development has been assigned the role of federal interlocutor for Métis and Non-Status Indians concurrently.

By 2017, CIRNAC and the minister of Indigenous services were responsible for federal government relations with First Nations, Inuit and Métis.[3]

Acts

The Minister has responsibilities, wholly or partially, under a number of Acts:[23] (list may not be complete)

Boards, Commissions and Other Responsibilities

The Minister is also the lead Minister or responsible Minister for:

List of ministers

No.PortraitNameTerm of officePolitical partyMinistry
Superintendent-General of Indian Affairs
1Hector Louis LangevinMay 22, 1868December 7, 1869Conservative1 (Macdonald)
2Joseph HoweDecember 8, 1869May 6, 1873Liberal-Conservative
James Cox Aikins (acting)May 7, 1873June 13, 1873
3Thomas Nicholson GibbsJune 14, 1873June 30, 1873
4Alexander CampbellJuly 1, 1873 November 5, 1873Conservative
5David LairdNovember 7, 1873 October 6, 1876Liberal2 (Mackenzie)
Richard William Scott (acting)October 7, 1876 October 23, 1876
6David MillsOctober 24, 1876October 8, 1878
7Sir John A. Macdonald
October 17, 1878 October 2, 1887Liberal-Conservative3 (Macdonald)
8Thomas WhiteOctober 3, 1887 April 21, 1888Conservative
(7)Sir John A. Macdonald (acting)
May 8, 1888September 24, 1888Liberal-Conservative
9Edgar DewdneySeptember 25, 1888 June 6, 1891Conservative
June 16, 1891 October 16, 18924 (Abbott)
10Thomas Mayne DalyOctober 17, 1892 November 24, 1892Liberal-Conservative
December 5, 1892 December 12, 18945 (Thompson)
December 21, 1894 April 27, 18966 (Bowell)
11Hugh John MacdonaldMay 1, 1896 July 8, 1896Conservative7 (Tupper)
Richard William Scott (acting)July 17, 1896 November 16, 1896Liberal8 (Laurier)
12Clifford SiftonNovember 17, 1896February 28, 1905
Sir Wilfrid Laurier (acting)March 13, 1905April 7, 1905
13Frank OliverApril 8, 1905 October 6, 1911
14Robert RogersOctober 10, 1911 October 28, 1912Conservative9 (Borden)
15William James RocheOctober 29, 1912 October 12, 1917
16Arthur MeighenOctober 12, 1917July 10, 1920Unionist10 (Borden)
17Sir James Alexander LougheedJuly 10, 1920December 29, 1921Liberal-Conservative11 (Meighen)
18Charles Stewart
December 29, 1921 June 28, 1926Liberal12 (Mackenzie King)
Henry Herbert Stevens (acting)June 29, 1926July 12, 1926Conservative13 (Meighen)
R. B. Bennett (acting)July 13, 1926September 25, 1926
(18)Charles Stewart
September 26, 1926 June 26, 1930Liberal14 (Mackenzie King)
19Ian Alistair MackenzieJune 27, 1930 August 7, 1930
20Thomas Gerow MurphyAugust 7, 1930October 23, 1935Conservative15 (Bennett)
21Thomas Alexander CrerarOctober 23, 1935November 30, 1936Liberal16 (Mackenzie King)
Minister responsible for Indian Affairs (Minister of the Interior, Minister of Mines)
(21)Thomas Alexander CrerarDecember 1, 1936April 17, 1945Liberal16 (Mackenzie King)
22James Allison GlenApril 18, 1945 June 10, 1948
23James Angus MacKinnonJune 10, 1948November 15, 1948
November 15, 1948March 31, 194917 (St. Laurent)
24Colin William George GibsonApril 1, 1949 January 17, 1950
Minister responsible for Indian Affairs (Minister of Citizenship)
25Walter Edward HarrisJanuary 18, 1950 June 30, 1954Liberal17 (St. Laurent)
26Jack PickersgillJuly 1, 1954June 21, 1957
Davie Fulton (acting)June 21, 1957 May 11, 1958Progressive Conservative18 (Diefenbaker)
27Ellen FaircloughMay 12, 1958August 8, 1962
28Dick BellAugust 9, 1962April 22, 1963
29Guy FavreauApril 22, 1963February 2, 1964Liberal19 (Pearson)
30René TremblayFebruary 3, 1964 February 14, 1965
31John Robert NicholsonFebruary 15, 1965 December 17, 1965
32Jean MarchandDecember 18, 1965 September 30, 1966
Minister of Indian Affairs and Northern Development
33Arthur LaingOctober 1, 1966April 20, 1968Liberal19 (Pearson)
April 20, 1968July 5, 196820 (P. E. Trudeau)
34Jean ChrétienJuly 5, 1968August 7, 1974
35J. Judd BuchananAugust 8, 1974September 13, 1976
36Warren AllmandSeptember 14, 1976September 15, 1977
37James Hugh FaulknerSeptember 16, 1977June 3, 1979
38Jake EppJune 4, 1979March 2, 1980Progressive Conservative21 (Clark)
39John MunroMarch 3, 1980June 29, 1984Liberal22 (P. E. Trudeau)
40Doug FrithJune 30, 1984September 16, 198423 (Turner)
41David CrombieSeptember 17, 1984June 29, 1986Progressive Conservative24 (Mulroney)
42Bill McKnightJune 30, 1986January 29, 1989
43Pierre CadieuxJanuary 30, 1989February 22, 1990
44Tom SiddonFebruary 23, 1990June 24, 1993
45Pauline BrowesJune 25, 1993November 3, 199325 (Campbell)
46Ron IrwinNovember 4, 1993June 10, 1997Liberal26 (Chrétien)
47Jane StewartJune 11, 1997August 2, 1999
48Bob NaultAugust 3, 1999December 11, 2003
49Andy MitchellDecember 12, 2003July 19, 200427 (Martin)
50Andy ScottJuly 20, 2004February 5, 2006
51Jim PrenticeFebruary 6, 2006August 14, 2007Conservative28 (Harper)
52Chuck StrahlAugust 14, 2007August 6, 2010
53John DuncanAugust 6, 2010May 17, 2011
Minister of Aboriginal Affairs and Northern Development
(53)John DuncanMay 18, 2011February 15, 2013Conservative28 (Harper)
James Moore, (acting)February 15, 2013February 22, 2013
54Bernard ValcourtFebruary 22, 2013November 3, 2015
Minister of Indigenous and Northern Affairs
55Carolyn BennettNovember 4, 2015August 28, 2017Liberal29 (J. Trudeau)
Minister of Crown–Indigenous Relations and Northern Affairs
(55)Carolyn BennettAugust 28, 2017July 18, 2018Liberal29 (J. Trudeau)
Minister of Crown–Indigenous Relations
(55)Carolyn BennettJuly 18, 2018October 26, 2021Liberal29 (J. Trudeau)
56 Marc MillerOctober 26, 2021July 26, 2023Liberal
57Gary AnandasangareeJuly 26, 2023 IncumbentLiberal

Prior to 1966, responsibilities for the Indian Affairs portion of this portfolio fell under the Minister of Citizenship and Immigration (List), and the Northern Development portion under the Minister of Northern Affairs and National Resources (List).

See also

External links

Notes and References

  1. News: Aboriginal Affairs: A new name with an uncertain meaning . May 18, 2011 . Bill . Curry. March 10, 2019. The Globe and Mail.
  2. News: Fife. Robert. Indigenous Affairs department to be restructured in cabinet shuffle. August 28, 2017. The Globe & Mail. August 28, 2017.
  3. Web site: Canada. Government of Canada; Crown-Indigenous Relations and Northern Affairs. Mandate: Crown-Indigenous Relations and Northern Affairs Canada. organizational description. 2019-03-10. 2018-10-11.
  4. Web site: Crown-Indigenous Relations and Northern Affairs (CIRNAC). Nation Rebuilding Program Guidelines. guide. March 10, 2019. July 5, 2018.
  5. Government of Canada. Department of Indian Affairs and Northern Development Act (R.S.C., 1985, c. I-6). Justice Canada: Laws. Retrieved on: 2013-10-30.
  6. Treasury Board of Canada. Registry of Applied Titles. Federal Identity Program. Retrieved on: 2013-01-30.
  7. Aboriginal Affairs and Northern Development Canada. http://www.aadnc-aandc.gc.ca/eng/1100100010002/1100100010021. AANDC website. Retrieved on: 2013-01-30.
  8. Web site: Terminology. Indian and Northern Affairs Canada. 2009-10-05 . https://web.archive.org/web/20091027041022/http://www.ainc-inac.gc.ca/ap/tln-eng.asp. 27 October 2009 . live.
  9. http://collections.ic.gc.ca/saskindian/a84apr22.htm The Impact of the Penner Report
  10. Recognition and Implementation of Indigenous Rights Framework . 18 . September 2018 . February 23, 2019 . Assembly of First Nations (AFN) .
  11. Web site: Jorge . Barrera . CBC News. Battle brewing over Indigenous rights recognition framework . February 22, 2019. September 11, 2018.
  12. Web site: Government of Canada to create Recognition and Implementation of Rights Framework. Prime Minister of Canada. 2019-02-23. 2018-02-14.
  13. Web site: June 4, 2016 . February 22, 2019. James . Munson . Nation-to-nation relationship taking shape. iPolitics.
  14. Canada. Government of Canada; Indigenous and Northern Affairs Canada (INAC) . What we heard so far on the recognition and implementation of Indigenous rights. February 22, 2019. July 12, 2018.
  15. Web site: First Nations Tax Commission. March 12, 2019. The First Nations Tax Commission (FNTC) is a "shared-governance First Nation public institution that supports First Nation taxation under the First Nations Fiscal Management Act and under section 83 of the Indian Act..
  16. The First Nations Tax Commission (FNTC) is a "shared-governance First Nation public institution that supports First Nation taxation under the First Nations Fiscal Management Act and under section 83 of the Indian Act."
  17. Web site: Canada. Senate of Canada - . Standing Senate Committee on Aboriginal Peoples. March 12, 2019. December 3, 2018. 42nd Parliament, 1st Session . 14th Report.
  18. Previous major proposed changes to the Indian Act included the First Nations Governance Act (FNGA) proposed in 2002 and officially abandoned in 2004 as paternalistic with a process that bypassed the elected leadership of First Nations communities.
  19. News: Margaret . Swan . First nations seek simple solution . Winnipeg Free Press . February 20, 2002.
  20. Bill Curry, "Nault concedes Native Bill will die," National Post, 11 October 2003, A1.
  21. Kim Lunman, "Martin scraps bill to change Indian Act after natives staged angry protests," Globe and Mail, 9 January 2004, A8.
  22. Web site: Departments that have been responsible for Northern Affairs . Library and Archives Canada . https://web.archive.org/web/20110706182158/http://www.lac-bac.gc.ca/databases/indianaffairs/001074-200-e.html . 2011-07-06 .
  23. http://laws.justice.gc.ca/PDF/TOPS_E.pdf''Acts under Minister Responsibilities