Melvin Smith's works on aboriginal affairs published by The Fraser Institute

Background Information: 14 September 2000

VANCOUVER, BC — Melvin Smith QC, respected commentator and former constitutional advisor, is the author of the paper "Some Perspectives on the Origin and Meaning of Section 35 of the Constitution Act, 1982," released by The Fraser Institute on September 14, 2000. This paper is his last published work on aboriginal affairs, and his final contribution to the understanding of the key constitutional questions which may fundamentally alter Canadian society.

Melvin Smith, QC, spent 31 years in the public service of British Columbia. A lawyer by profession, from 1967 until 1997 he was the ranking official on constitutional law and constitutional reform issues for four successive provincial administrations. He was a key player in the Patriation of the Constitution in 1981 and also served as Deputy Minister for 13 years in various Ministries until his early retirement in 1991. He is the author of the Canadian best seller, Our Home or Native Land?

Mr. Smith's work on aboriginal treaties include:

• 2000, "Some Perspectives on the Origin and Meaning of Section 35 of the Constitution, Act, 1982," published by The Fraser Institute.

  As one of BC's key representatives during the negotiations in the early 1980s, Smith knew that its framers did not intend Section 35 to provide constitutional authority to a third order of aboriginal government.

• 2000, "Beyond the Nass Valley: National Implications of the Supreme Court's Delgamuukw Decision," published by The Fraser Institute.

  Mr. Smith is a co-author of this widely circulated book which is the definitive reference on the Delgamuukw decision. Mr. Smith's devotes a chapter on the controversial topic of land claim settlements and which level of government—federal government or the government of British Columbia—ought to pay the bill.

• 1998, "The Delgamuukw Case: What Does it Mean and What Do We Do Now?," published by The Fraser Institute.

  In this paper, Mr. Smith describes the Delgamuukw vs British Columbia case as one of the most audacious acts of judicial engineering in our history. He adds that although it may not yet be fully apparent, British Columbia is faced with a serious crisis unlike anything it has faced in its 127 years within the Canadian Confederation.

• 1998, "Aboriginal Land Claims in British Columbia: Serious Concerns About the Nisga'a Deal," published by The Fraser Institute.

  Mr. Smith provides insightful comments on the Nisga'a final agreement. "If the Nisga'a Final Agreement is the template for the 50 or more land-claim agreements or treaties yet to be negotiated, then at the end of the exercise, British Columbians will wake up to discover that their federal and provincial governments will have substantially altered the economic, social, and political fabric or their province."

• 1996, "Native Land Claims Settlements: What Government Aboriginal Policy Is Doing to Canada," published by The Fraser Institute.

  In this paper, Mr. Smith provides the historical and legal background to land claims in Canada. He also paints a distinct picture of how government aboriginal policy affects Canadians.

Established in 1974, The Fraser Institute is an independent public policy organization based in Vancouver, with offices in Calgary and Toronto.

For further information contact:

Suzanne Walters, Director of Communications,
The Fraser Institute, (604) 714-4582,
Email suzannew@fraserinstitute.ca

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