Transforming Constitutionalism: Indigenous-White Relations in Canada, 1983-1987

In this dissertation I examine whether the First Ministers' Coferences (FMCs) and political accords negotiated at these meetings from 1983-1987 assisted in transforming Canadian constitutionalism. During the period 1983-1987, four FMCs were held to consider Aboriginal peoples' place in a new Constitutional order. These meetings renegotiated the relationship between indigenous and non-indigenous peoples in Canada by reconsidering some of the assumptions permeating Canadian constitutionalism. The FMCs involved direct dialogues betwen heads of federal government, provincial governments and the four main Aboriginal organisations. Political accords were used in these FMCs to direct the dialogues and to identify when mutually acceptable constitutional associations had been achieved. Tully's reconceptualisation of constitutionalism will be used to evaluate the extent to which Canadian constitutionalism was transformed. He argues that constitutionalism is an activity or process of ongoing dialogues between diverse cultures. He further suggests that three conventions operate to enable these intercultural dialogues to recognise and accommodate cultural diversity. These conventions are mutual recognition, consent and cultural continuity. In order to identify whether constitutionalism was transformed, I consider whether the relationship between indigenous and non-indigenous peoples was altered to further recognise and accommodate cultural diversity. This will be demonstrated by examining whether Tully's three conventions were adopted and advanced during the FMCs between 1983-1987. I conclude that the FMCs and the negotiation around political accords adopted and promoted Tully's three conventions, thereby further recognising and accommodating indigenous Canadians and thus transforming Canadian constitutionalism