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aboriginal affairs

Learning from the


Kelowna Accord
Christopher Alcantara and Zac Spicer

The Kelowna Accord may have been consigned


to history’s dustbin, but the process that led to its
creation still has much to teach policy-makers about
the best way forward.

Si l’Accord de Kelowna a été relégué aux oubliettes, le


processus qui lui a donné naissance est riche en leçons
pour les décideurs en quête de la meilleure voie à
suivre.

I
f you open a newspaper or listen to the radio, it is easy however, the accord was all but abandoned by the incoming
to get discouraged about the relationship between in- Conservative government. Since then, we have seen social
digenous communities and the government of Canada. and economic conditions in many indigenous communities
Aboriginal Canadians lag far behind the Canadian average worsen and the relationship between Aboriginal Canadians
on almost every socio-economic indicator, including hous- and the Crown further deteriorate. Although the Kelowna
ing, education, unemployment, child poverty, and health Accord was abandoned 10 years ago, we argue that the pro-
and well-being. Many blame the federal, provincial and ter- cess used by former prime minister Paul Martin to negoti-
ritorial governments for not doing enough to address these ate the accord may be the only way forward for improving
issues, and they criticize these governments for failing to the relationship between indigenous communities and the
establish good working relationships with indigenous com- Crown.
munities. These are not new criticisms; almost all federal, The Kelowna Accord was a $5.1-billion, five-year
provincial and territorial governments in the past have been agreement designed to bridge the life gap between Ab-
criticized for their inability to partner with indigenous com- original Canadians and the rest of the population. The
munities to create mutually beneficial public policies. accord and the process used to negotiate it were meant to
What is the solution? This year marks the 10-year an- be broad and inclusive, and were unprecedented in scope
niversary of the ill-fated Kelowna Accord, a comprehensive, and scale. Those involved with the accord maintained
multiyear and multilevel initiative that was designed to an open, honest dialogue that was driven by Aboriginal
forge a new, workable relationship and lasting change for representatives rather than the federal, provincial or ter-
Canada’s indigenous populations. Shortly after its signing, ritorial governments. As such, it was a unique departure
from the traditional relationship between the Crown and
indigenous communities.
The Kelowna process began slowly, with informal dis-
Christopher Alcantara is associate professor of political science cussions between Prime Minister Paul Martin and Aborig-
at Wilfrid Laurier University and author of Negotiating the inal leaders such as Phil Fontaine. The first formal meeting
Deal: Comprehensive Land Claims Agreements in Canada was held on April 19, 2004, and included nearly 150 partici-
(University of Toronto Press, 2013), which recently won the pants, including the Prime Minister, the entire federal cab-
2014 International Council for Canadian Studies Pierre Savard inet, provincial officials and representatives from Canada’s
Award and the 2014 Confédération des Syndicats Prize for the national Aboriginal groups: the Assembly of First Nations,
best book in Canadian studies. Zac Spicer is a Social Sciences the Inuit Tapiriit Kanatami, the Métis National Council, the
and Humanities Research Council postdoctoral fellow in the Native Women’s Associations of Canada and the Congress
Department of Political Science at Wilfrid Laurier University. of Aboriginal Peoples. This first meeting was intended to

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JULY-AUGUST 2015
Christopher Alcantara and Zac Spicer

upon a set of relationships he had es-


tablished with indigenous leaders when
he was in business and as minister of
finance, for instance, Martin sought
out the involvement of the five major
The Kelowna experience offers a indigenous organizations, asking them
to take the lead in identifying the pri-
number of important and useful orities that the accord should address.
lessons for policy-makers interested He also realized that the priorities in
the accord were such that the provin-
in achieving real change. cial, territorial and indigenous govern-
ments were best positioned to imple-
ment and spend the money allocated
in the accord. Finally, he recognized
that the proper role of the federal gov-
ernment in this situation, with its sub-
i­dentify the major issues plaguing Ab-
original communities — health care,
housing and education — and provide
W hatever one thinks of the wis-
dom of the Conservative deci-
sion to abandon the Kelowna Accord,
stantial fiscal capacity, was to provide
the money to fulfill the ambitious goals
set by participants. The result was wide-
a road map for discussion in the next the experience offers a number of spread support by indigenous and non-
stage of the accord negotiations: sectoral important and useful lessons for gov- indigenous leaders across the country.
round tables based on the priority areas ernment policy-makers interested in Of course, support was not univer-
identified by Aboriginal participants. achieving real change, not only with- sal; some criticisms emanated from the
These areas included health, lifelong in indigenous communities but also in official opposition and some from Ab-
learning, housing, economic opportun- terms of improving the Crown’s rela- original organizations. Nonetheless, by
ities, negotiations and accountability. tionship with indigenous peoples. allowing indigenous groups to set the
The next phase involved a bilat- One lesson is that you cannot ex- priorities and drive the process, the fed-
eral policy retreat that was intended pect to achieve real and fundamental eral government achieved something
to fine-tune the policy areas discussed change at the community level if com- that is rare in Aboriginal policy: a sense
during the sectoral round tables and munity members are mired in poverty. among indigenous leaders that mean-
fully develop the areas of interest for The Kelowna process recognized this ingful consultation had occurred. The
the accord. The final phase of the pro- fact by focusing in the first five years policy environment is different now,
cess was the First Ministers’ Meeting on of the agreement on improving Aborig- with significant grassroots opposition
Aboriginal Issues in November 2005. inal housing, water, health, education emerging toward the traditional model
The resulting agreement, entitled First and infrastructure. Once conditions had of the Crown negotiating with indigen-
Ministers and National Aboriginal Lead- reached a certain level, government and ous leaders. Nonetheless, the Kelowna
ers: Strengthening Relationships and Clos- indigenous leaders planned to negotiate model provides the basis for designing
ing the Gaps, aimed to launch a 10-year a second five-year agreement that would a new policy-making process that is
effort to close the gap in the quality address broad, structural changes to the driven by Aboriginal people and inclu-
of life between Aboriginal people and Aboriginal-Crown architecture. sive of a wider range of actors that felt
other Canadians. The second and perhaps most im- excluded from the original process.
Despite the fact that the accord portant lesson from the Kelowna Ac- The final lesson from the accord is
was widely hailed as a success, the cord was that it provided a model for that a pan-Aboriginal approach to ad-
incoming Conservative government how to successfully engage indigenous dressing indigenous issues should be
showed ambivalence about the agree- and nonindigenous actors in Aboriginal avoided. Participants made it known
ment, eventually abandoning it in its policy-making. In contrast to previous very early on in the process that the
first budget. The Conservatives argued efforts, the Kelowna process was dy- breadth and diversity of Aboriginal com-
that the accord “did not exist” and namic, open and fluid. Rather than fol- munities across Canada, coupled with
was merely “written on the back of a lowing a top-down, government-dom- the geographic isolation of some com-
napkin.” Despite Martin’s best efforts inated process, and recognizing that munities, meant that a one-size-fits-all
to revive the accord through a private the situation facing indigenous peoples approach was not appropriate. While
member’s bill, it was effectively dead, was a “wicked” problem, Prime Minis- the issues facing the communities were
which helped to contribute to the frac- ter Martin realized that he needed to relatively similar — rampant poverty,
tured indigenous-Crown relationship involve all the relevant actors in a way higher-than-average suicide and high
that exists today. that played to their strengths. Drawing school dropout rates, and poor health

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aboriginal affairs

CP PHOTO

outcomes — the conditions for the solu- Ten years ago the federal govern- able, collaborative and multilevel solu-
tions that were needed differed consider- ment designed an innovative approach tion. As the 10-year anniversary of the
ably. Each of the five national Aboriginal to restructuring the relationship be- accord’s signing passes, let’s remember
groups that participated in the Kelowna tween indigenous communities and not only the accord’s promise but also
discussions concluded individual agree- the Crown, which resulted in the Ke- the innovative process used to negoti-
ments with the federal government. lowna Accord. This approach was sub- ate it. The time has come to recover and
Some groups, for instance, such as the sequently abandoned, resulting in open the black box from the wreckage
Métis Nation, were primarily concerned years of policy stagnation and, in some of the Kelowna Accord and implement
with increased legitimacy as constitution- communities, social and economic de- what may be the only way forward for
al actors — a recognition they received. cay. To reverse these trends, we need improving the relationship between in-
The asymmetrical approach was the one not reinvent the wheel. Instead, we digenous communities and the govern-
that found agreement and success. need only look to our past for a work- ments of Canada. n

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