Minister of Aboriginal Affairs and Northern Development (Canada)

The Minister of Aboriginal Affairs and Northern Development (French: Ministre des Affaires autochtones et du développement du Nord canadien) is the Minister of the Crown in the Canadian Cabinet responsible for overseeing the corresponding federal government department (Aboriginal Affairs and Northern Development Canada) and 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. He also is responsible for supervising federal involvement in the territorial governments of the Yukon, Northwest Territories and Nunavut.

The Minister's legal title, as set out in the Department of Indian Affairs and Northern Development Act, remains the Minister of Indian Affairs and Northern Development and this title continues in use in statutes and legal documents. However, on May 18, 2011, the working title of the Minister was changed to the "Minister of Aboriginal Affairs and Northern Development" in order to make it more up to date and inclusive.^[1]

History

A Superintendent-General of Indian Affairs was in the Canadian cabinet 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.^[2]

Before 1966 the Northern Development portions of the portfolio were the responsibility of the Minister of Northern Affairs and National Resources.^[3]

Until amendments to the Indian Act in 1985 restored Indian status to many people whose status had been revoked for discriminatory reasons, about half of the persons claiming to be Indians were entitled to be registered as Indians under the Indian Act and to receive the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. The people to whom status was restored were:

• 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
• people who had been born out of wedlock of mothers with status and fathers without, and their children.

Over 100,000 people have had their Indian status restored as a result of these changes.

A 1983 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 and have not been re-introduced.

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.

Responsibilities

Acts

The Minister has responsibilities, wholly or partially, under a number of Acts:^[4](list may not be complete)

• Arctic Waters Pollution Prevention Act R.S., 1985, c. A-12
• British Columbia Indian Cut-off Lands Settlement Act — 1984, c. 2
• British Columbia Indian Reserves Mineral Resources Act — 1943-44, c. 19
• British Columbia Treaty Commission Act — 1995, c. 45

• Canada Petroleum Resources Act — R.S., 1985, c. 36 (2nd Supp.)
• Canada-Yukon Oil and Gas Accord Implementation Act — 1998, c. 5
• Canadian Polar Commission Act — 1991, c. 6

• Caughnawaga Indian Reserve Act — 1934, c. 29
• Claim Settlements (Alberta and Saskatchewan)Implementation Act — 2002, c-3
• Condominium Ordinance Validation Act— 1985, c. 46

• Cree-Naskapi (of Quebec) Act — 1984, c. 18
• Department of Indian Affairs and Northern Development Act — R.S., 1985, c. I-6
• Dominion Water Power Act, — R.S., 1985, c. W-4

• First Nations Commercial and Industrial Development Act — 2005, c. 53
• First Nations Jurisdiction over Education in British Columbia Act — 2006, c. 10
• First Nations Land Management Act — 1999, c. 24

• First Nations Oil and Gas and Moneys Management Act — 2005, c. 48
• Fort Nelson Indian Reserve Minerals Revenue Sharing Act — 1980-81-82-83, c. 38
• Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act — 1986, c. 23

• Gwich’in Land Claim Settlement Act — 1992, c. 53
• Indian Act — R.S., 1985, c. I-5
• Indian Lands Agreement Act (1986) — 1988, c. 39

• Indian Oil and Gas Act — R.S., 1985, c. I-7
• Kanesatake Interim Land Base Governance Act — 2001, c. 8
• Kelowna Accord Implementation Act 2008, c. 23

• Labrador Inuit Land Claims Agreement Act — 2005, c. 27
• Lands Surveys Act, Canada — R.S., 1985, c. L-6 Part III
• Mackenzie Valley Resource Management Act — 1998, c. 25

• Manitoba Claim Settlements Implementation Act — 2000, c. 33
• Mi’kmaq Education Act — 1998, c. 24
• Natural Resources Transfer (School Lands) Amendments, (Alberta, Manitoba and Saskatchewan) (see also School Lands) — 1960-61, c. 62

• Nelson House First Nation Flooded Land Act — 1997, c. 29
• New Brunswick Indian Reserves Agreement — 1959, c. 47
• Northwest Territories Act — R.S., 1985, c. N-27

• Northwest Territories Waters Act — 1992, c. 39
• Nova Scotia Indian Reserves Agreement — 1959, c. 50
• Nunavik Inuit Land Claims Agreement Act — 2008, c. 2
• Nunavut Act — 1993, c. 28
• Nunavut Land Claims Agreement Act — 1993, c. 29
• Nunavut Waters and Nunavut Surface Rights Tribunal Act — 2002, c. 10

Oil and Gas Operations Act, Canada — R.S., 1985, c. O-7 Pictou Landing Indian Band Agreement Act — 1995, c. 4 Sahtu Dene and Metis Land Claim Settlement Act — 1994, c. 27

• St. Peters Indian Reserve Act — 1916, c. 24
• St. Regis Islands Act — 1926-27, c. 37
• Saskatchewan Treaty Land Entitlement Act — 1993, c. 11

• Sechelt Indian Band Self-Government Act — 1986, c. 27
• Songhees Indian Reserve Act — 1911, c. 24
• Specific Claims Tribunal Act 2008, c. 22

• Split Lake Cree First Nation Flooded Land Act — 1994, c. 42
• Territorial Lands Act — R.S., 1985, c. T-7
• Tlicho Land Claims and Self-Government Act — 2005, c. 1

• Tsawwassen First Nation Final Agreement Act — 2008, c. 32
• Westbank First Nation Self-Government Act — 2004, c. 17
• Western Arctic (Inuvialuit) Claims Settlement Act — 1984, c. 24
• York Factory First Nation Flooded Land Act — 1997, c. 28

• Yukon Act — 2002, c. 7
• Yukon Environmental and Socio-economic Assessment Act — 2003, c. 7
• Yukon First Nations Self-Government Act — 1994, c. 35

Boards, Commissions and Other Responsibilities

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

• Canadian Polar Commission
• Corporation for the Mitigation of Mackenzie Gas Project Impacts
• First Nations Statistical Institute
• Indian Oil and Gas Canada
• Northwest Territories Commissioner
• Northwest Territories Water Board
• Mackenzie Valley Environmental Impact Review Board
• Contract for Implementation of the Nunavut Land Claims Agreement
• Nunavut Commissioner
• Nunavut Impact Review Board
• Nunavut Planning Commission
• Nunavut Water Board
• Yukon Territory Commissioner
• Yukon Water Board

Superintendents-General of Indian Affairs (1878 - 1936)

Ministers responsible for Indian Affairs (Minister of the Interior, Minister of Mines) 1936-1950

Ministers responsible for Indian Affairs (Minister of Citizenship) 1950-1964

Ministers of Indian Affairs and Northern Development (1966 - present)

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).

On May 18, 2011, the Minister adopted the working title "Minister of Aboriginal Affairs and Northern Development". However, pursuant to section 2 of the Department of Indian Affairs and Northern Development Act he remains, for legal purposes, the "Minister of Indian Affairs and Northern Development".

See also

• List of Canadian Ministers of Mines and Resources (1936–1950)
• Indian and Northern Affairs Canada
• Indian Register
• Indian Agent (Canada)
• Royal Commission on Aboriginal Peoples
• Congress of Aboriginal Peoples
• The Canadian Crown and First Nations, Inuit and Métis
• Canadian Aboriginal case law
• Aboriginal peoples in Canada
  • First Nations
  • Inuit
  • Métis people (Canada)

References

1. ^ "What’s in a name? Indian Affairs is no more", Globe and Mail, May 18, 2011
2. ^ Departments that have been responsible for Indian Affairs
3. ^ departments that have been responsible for Northern Affairs
4. ^ Acts under Minister Responsibilities

External links

• Individuals Responsible for Aboriginal and Northern Affairs in Canada 1755 to 2006
• The Nunavut Project