Bill C-51 (Historical)

Nunavik Inuit Land Claims Agreement Act

An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act

This enactment gives effect to the Nunavik Inuit Land Claims Agreement. It also includes a consequential amendment to an Act.

Nunavik Inuit Land Claims Agreement Act

[John Baird, Conservative, Ottawa West—Nepean, ON]

moved that Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act, be read the second time and referred to a committee.

[Daniel Petit, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, as parliamentarians, we are sometimes rewarded with moments of profound satisfaction, and today is one of them.

With the Nunavik Inuit Land Claims Agreement—the last Inuit land claim settlement in the country—we have now come full circle. The Inuit of Nunavik will once again become the owners of a group of islands totaling 5,100 square kilometres located north of the 53rd parallel.

In Inuktitut, Nunavik means “place to live". From now on, 10,000 Inuit living in 15 communities scattered along the Ungava Bay and the east coast of the Hudson Bay will own the land they have been using for over 4,000 years.

This agreement was overwhelmingly supported by the Inuit of Nunavik. Indeed, some 78% of the eligible beneficiaries and 90% of everyone who voted supported the agreement. Such strong support is an excellent indication of the commitment of the Inuit people of Nunavik and just how important the agreement is to them.

I would also like to point out the measures set out in the agreement to protect the traditions that have ensured the survival of the Inuit culture. With the new act, the Inuit of Nunavik will have the right to harvest wildlife on the lands covered by the agreement, in order to meet their economic, social and cultural needs.

Thanks to this bill, and to the agreement at its foundation, the Inuit of Nunavik will own the surface rights and subsoil rights in fee simple. The islands belong to them without question.

These claims were particularly complex because of the overlap in the Nunavut land claims, the offshore land claims of the Crees of Quebec and the land claims of the Inuit of Labrador. It was impossible to settle the claims of the Inuit of Nunavik without first putting some order into these issues. It was essential to achieve the desired agreements to clarify the ownership rights on the land and the resources.

Here is an example. The Inuit of Nunavik and the Crees of James Bay had created three adjacent zones along the coast of Hudson Bay and James Bay.

To the north, was the Inuit zone, where the Crees of Quebec are permitted to harvest wildlife resources. The common zone is shared by the two groups. Finally, the southernmost zone will be the exclusive property of the Crees of Quebec, but the Inuit will be allowed to harvest wildlife resources in that zone.

In case of any disputes, the regulations provide for a resolution mechanism based on arbitration.

In addition to clarifying the territory belonging to the parties, this final agreement provides greater certainty about the future of the region.

It is in the interest of all parties to establish certainty regarding the use and ownership of the land and the resources. The certainty consists in replacing ambiguous ancestral rights with rights that are very precisely defined in the agreement. Section 35(3) of the Constitution Act, 1982 expressly grants the same protection to ancestral rights as to rights flowing from a treaty.

The benefits of obtaining certainty are clearly illustrated in another important point of the agreement: the creation of a new Canadian national park.

The Torngat Mountains National Park is a magnificent park of about 9,700 square kilometres with some of the most marvellous landscapes in Canada. It extends from Saglek Fiord in the south up to the northernmost point of Labrador, and from the border with Quebec on the west, to the Labrador Sea on the east.

The park protects a spectacular, untouched arctic area that is home to numerous archaeological sites and wildlife resources of great interest to Canadian historians.

Under the agreement, the Government of Canada will pay about $94 million over 10 years to the Inuit of Nunavik, who will invest those funds for their future. This amount includes the transfer of $54.8 million to the trust fund of the Inuit of Nunavik. The money will be distributed to some 10,000 Inuit of Nunavik, individually and collectively, to meet their educational, social, cultural and socio-economic needs. The great success of the Makivik Corporation shows that the settlement of land claims leads to the creation of businesses, jobs and new national and international markets, which strengthens the ability of First Nations and Inuit communities to meet the needs of their members.

That translates into a better quality of life for Aboriginal people, which is precisely the objective that we had set out to achieve. To guarantee that the economic development generated by this agreement procures sustainable benefits to the Inuit of Nunavik, the regulations provide for creation of several institutions public government. The Makivik Corporation will have legal authority to nominate 50% of the members of those institutions. For the first time, the Inuit of Nunavik will exercise real decision-making powers and be able to act decisively in the review processes that govern development of the region.

For example, the Nunavik Marine Region Wildlife Board will be responsible for wildlife management and conservation. It will conduct research, monitor the allowable take, including the Nunavik Inuit share, and set quotas as needed.

For its part, the Nunavik Marine Region Planning Commission will establish policies, objectives and goals to be used in managing the Nunavik Marine Region together with the federal and territorial governments. The Commission will also create land use plans for the development and exploitation of resources in the marine region.

Among other things, the Nunavik Marine Region Planning Commission will be responsible for assessing impacts, and will pre-select proposals for assessment. It will assess the impacts of proposed projects and monitor their progress.

As with all other land claims agreements, people will wonder which act takes precedence. I want to be very clear: all general federal, territorial and local legislation applies to the Inuit of Nunavik on the Inuit of Nunavik lands. Should incompatibility or conflict arise between these acts and the agreement, the agreement takes precedence, but only in cases of incompatibility or conflict.

It is clear that this final agreement, which has been so carefully drafted, seeks to strike a balance between the past and the creation of a better future for the Inuit of Nunavik.

This agreement is beneficial to all parties. We should celebrate this final step, which is a major achievement, and highlight its benefits for all Canadians. I therefore wish to reaffirm my support for this important bill.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, I am pleased to speak to Bill C-51 and encourage its passage. My leader supports the bill, as do, I believe, all leaders in the House today.

Many years ago a great Inuit leader, Zebedee Nungak, called for what he termed the completion of the circle of Confederation by the acceptance of Canada's Inuit peoples. It has taken too long, but we are moving closer to that goal.

I was greatly impressed by the briefings I received from Nunavik Inuit leaders on this treaty. The agreement, and the bill that implements it, reflects their objectives while respecting the rights and interests of my Inuit and other constituents in Labrador.

I wish to acknowledge in the House the president of Makivik, Pita Aatami, and my good friend and cousin, Johnny Peters, vice-president, representing the Nunavik Inuit.

I have had a warm relationship over the last decade with the leadership of the Nunavimmiut as we have collaborated in trying to ensure that all Inuit people in the Labrador peninsula are accommodated. This is a historic agreement for Canada, for Nunavik, for Quebec, for Labrador, and for all Inuit.

At the same time, the people of Canada and Labrador deserve honesty, accountability and clarity. Today I want to explore the implications of this proposed treaty. I also want to deliver a message that treaty making is the way of the future for reconciling Canada's sovereignty with all aboriginal peoples, Indian, Inuit and Métis.

We must certainly do better as legislators in moving the process of treaty making forward. Some of the major land claims we have faced were filed 20, 30, even 40 years ago, and most are still unresolved. Surely we can find a better way. Yesterday's announcement, unfortunately, does nothing to relieve the backlog in comprehensive claims.

I also have a special concern as the member for Labrador to ensure that the land ownership, the jurisdictional and the compensation aspects of this treaty are fully consistent with the honour of the Crown. I must be assured that the Nunavik Inuit and anyone else affected by the treaty are fully and fairly accommodated.

The bill before the House is a well crafted, well negotiated and fair expression of Nunavik Inuit interests on the offshore regions of Quebec and Labrador and in the overlap territories the Nunavik Inuit share with my other cousins, the north coast Inuit within my riding.

To be sure, as my friend in the other place, Senator Charlie Watt, has put it, the agreement could be better, particularly in relation to certainty and the continuing demand by Canada that aboriginal groups give up what is undefined about their rights, but the Nunavik Inuit have accepted the wording in the course of their negotiations.

The treaty strikes an important balance in providing Nunavik Inuit, as well as the Inuit of Nunatsiavut, northern Labrador, with solid, constitutionally protected rights and interests in the management of lands and ocean resources.

This treaty has been negotiated over a great many years. The deal has been approved and ratified by the Nunavik Inuit. It has been reviewed and signed off by the Nunatsiavut government, which will play an important role in implementation within terrestrial Labrador.

I am pleased that the government has recognized the hard work done by our previous Liberal government, as most of the federal work was done under our watch. I hope that the reciprocal arrangement defining the rights of Labrador Inuit in Nunavik will soon be finalized as well.

This treaty does not require provincial approval. All the offshore areas involved are fully within Parliament's jurisdiction. The land based impacts are within a national park reserve, the Torngat Mountain national park, to be created by this bill, which is also within federal jurisdiction.

The treaty affirms Nunavik Inuit interests and rights in the Labrador Inuit settlement area in accordance with an overlap agreement between the two Inuit organizations as originally provided for in the Labrador Inuit land claims settlement agreement.

The treaty respects the interests of Canadians, of Labradorians and of Labrador's aboriginal peoples.

I wish to highlight the next steps to bring reconciliation a final and deciding step closer to realization in Labrador.

This is a piece of a wider solution. Part of Canada's agenda must be a treaty with the Innu Nation of Labrador. These negotiations have languished for so long that the social and economic prospects for both the Innu and all Labradorians have suffered. It is important to move ahead and closer to an agreement like those achieved by the Nunatsiavut and now the Nunavik Inuit.

The Innu Nation of Labrador has built important relationships with Nunatsiavut and their Innu brothers and sisters in Quebec. One day they will enjoy a renewed relationship with the provincial and federal governments through land rights resolution and self-government treaties.

Unfortunately, there are legitimate fears that the recent dismissal and shuffling of chief federal land claims negotiators may delay progress on the Innu Nation negotiations. This does not help.

There is also one last Inuit descendant group in Canada that must be accommodated in Labrador. I am, of course, talking of the Inuit-Métis of Labrador, of which I am one. This is a unique group, the only aboriginal people in the country to span the Inuit and Métis peoples recognized in the Constitution Act, 1982.

In 1996 the Royal Commission on Aboriginal Peoples took special efforts to assess and comment on the Labrador Inuit-Métis. In 2003 the Supreme Court of Canada also made specific mention of the Labrador Inuit-Métis in its Powley decision and clearly implied the need for a reconciliation for this unique people.

Only in southern Labrador have Inuit people been associated with Europeans for so long, in fact since the 16th century. Yet, we are clearly an Inuit people of mixed descent, unique in Canada. It is a historical and legal fact.

Last year the Supreme Court of Newfoundland and Labrador took these precedents into account and ordered the provincial government to accept reality: that the Inuit-Métis exist and have rights that are certain to be upheld in a court of law. The provincial position that Powley and other aboriginal jurisprudence do not apply in Labrador is simply not tenable.

The province, at least tacitly, has consented to the Nunavik-Nunatsiavut agreement, yet it continues to blockade progress by the Labrador Métis Nation. This is unfair, unjust and hypocritical. It is also contrary to the solemn, written promise made by Premier Williams during the 2003 election campaign. It does not serve the interests of the province of Labrador or of the Métis Nation.

It is for Canada, through Parliament, to take action to restore a fair and equitable basis for accommodation and reconciliation. In this spirit, yesterday, we heard the minister announce the creation of a special Indian claims tribunal. It is a step forward.

This acknowledged that in aboriginal claims and rights issues, it is important to provide an efficient and fair avenue for negotiations, and for dispute settlement where negotiations do not succeed. This is all part of the essence of reconciliation.

Although it is a step forward, I have expressed certain concerns about the tribunal. I would stress again that there must be progress on comprehensive claims, as well as on specific claims.

The 6,500 Inuit-Métis of Labrador living in isolated communities, as they have for time immemorial, have been waiting almost two decades for a response to their claim. They have been denied justice.

The royal commission in 1996 had suggested and recommended acceptance of the claim. In 2003 the Supreme Court also commented on the Inuit-Métis claim and clearly paved the way for acceptance. The people of Labrador are ready to accept the Inuit-Métis claim.

I have resolutions from the combined councils of Labrador, representing all municipalities, to the same effect. My friends and indeed relations from Nunavik have themselves been very sympathetic and supportive. It is time that the federal and provincial governments take action.

I have worked to break that deadlock. In 2003 I negotiated an agreement with the Minister of Indian and Northern Affairs to have an independent legal assessment done of this Inuit-Métis claim filed by the Labrador Métis Nation.

This is exactly the kind of alternative dispute resolution called for and must be respected through the creation of the tribunal. Yet, the independent assessment that was agreed to has not started.

It is now 17 months into Canada's tired—

[The Deputy Speaker, Bill Blaikie]

Order, please. I am sorry to interrupt the hon. member, but we have reached an order of the day. The member will be able to resume his comments when we return to government orders.

The House resumed consideration of the motion that Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act, be read the second time and referred to a committee.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, I repeat that in 2003 I negotiated an agreement with the previous minister of Indian and northern affairs to have an independent legal assessment done of this Inuit-Métis claim filed by the Labrador Métis Nation. This is exactly the kind of alternative dispute resolution called for through the creation of the tribunal.

Yet, the independent assessment that was agreed to has not started. It is now 17 months into Canada's tired Conservative government. We ask, where is the action on reconciliation from the government? There will not be a completion of the circle of Confederation until all Inuit, Métis and Indian people are accommodated, and have their rights reconciled with the reality of Canadian federalism.

In supporting this bill and this treaty, I call on the government and on Parliament to include all of Canada's Inuit peoples in the circle of our common federation by resolving all the outstanding aboriginal land claims and rights issues in Labrador involving the Inuit, Innu-Métis and Innu. This treaty and this bill is one important step in that direction.

On behalf of all my constituents in Labrador, my sincere congratulations are extended to president Aatami, vice-president Peters, and all my relations within the Nunavik-Inuit family.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, if Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act, is passed, it would be a major step forward for the Inuit in my riding.

Back in 1975, the Nunavik Inuit and James Bay Cree signed the James Bay and Northern Quebec Agreement, the first comprehensive land claims agreement in Canada. At that time, the Government of Canada signed an undertaking with the Nunavik Inuit on land claims in offshore areas of Nunavik. The Nunavik Inuit Land Claims Agreement deals with a number of issues related to land and resources in offshore areas adjacent to Quebec. It specifies property rights to the land and the sharing of resources, with financial compensation of course.

The Bloc Québécois will support the bill to give effect to the Nunavik Inuit Land Claims Agreement. The wishes of the people of Nunavik are very clear in this regard. When the referendum was held in October, 2006, 81% of the people of Nunavik cast a ballot. This is a very high figure. In addition, 78% of them voted in favour of the agreement, thereby enabling the Makivik Corporation to legitimately sign it on their behalf. The purpose of the agreement is to resolve a land problem that is central to the hunting, fishing and trapping lifestyle of the Nuvavik Inuit. It reflects the democratic choice of the people of Nunavik. It took 15 years of negotiations between the Inuit and the Government of Canada before this agreement could be signed on December 1, 2006.

In contrast to what many people think, the Nunavik Inuit—whom we are basically dealing with here—consist of around 10,000 people living in some 15 municipalities scattered along the shores of Hudson Bay, Ungava Bay and Labrador. Canadians still seem to know very little about these people who pay taxes without ever getting the benefit of roads, railways or adequate services. Their culture, based on their survival methods, has made them very community-minded. In each village, they are divided into several different groups whose jobs are determined by the needs of the community. There are hunters, trappers, fishers, and people engaged in various other activities.

Every participant in these groups uses their own tools and personal equipment, such as boats, engines, all terrain vehicles and trucks, which, in these circumstances, are considered recreational equipment unlike anywhere else, where they would be viewed as commercial equipment. Gas is now almost $2 a litre. What is more, gas for the equipment and tools is not tax deductible as it is in our communities. Ironically enough, they pay the most tax in Canada per capita—dollars/value. Take for example a car for which we would pay $30,000. Add another $2,000 to have it transported by boat and you end up paying federal and provincial sales tax on $32,000.

And what about daily needs such as food, clothing and drugs? The area along the coasts is very important to the survival of the Nunavik Inuit, who live on the coast and not inland. These activities are important for harvesting flora and fauna, which they do, and for preserving their culture. The Inuit have been inhabiting and using this area for almost 4,000 years for hunting and fishing for food. They also use this area for transportation. Some 75% of the Inuit's traditional food comes from the marine life found in this area. The Inuit are the occupants and guardians of these shores, thereby allowing Quebec and Canada to justify occupying the land. They ensure the sovereignty and surveillance of these lands. And what do they get in return? As Rangers or researchers of whale and seal populations or marine life, they receive salaries below the minimum cost of living in this sector, only to be replaced by officials hired to verify their skills.

In your opinion, what skill would be more convincing than 4,000 years of practice carried on from generation to generation? Considering it has never been disputed, should this practice not count for more than theories acquired off site and out of season?

We are reaching the point where malnutrition, housing that does not meet minimum public health standards and toxic substances leaking—

[The Deputy Speaker, Bill Blaikie]

Order, please. I am sorry to have to interrupt the hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

The House resumed consideration of the motion that Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act, be read the second time and referred to a committee.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, before I was interrupted, I was talking about malnutrition, housing not meeting minimal public health standards and seepage of toxic substances in the water table, which will create huge costs in terms of transportation and medical care, costs that will become difficult to recover in the context of a vision of social and economic well-being.

My comment deals with how slow the various governments are in responding to the urgent needs of these populations with respect to housing, as provided under the James Bay and Northern Quebec agreement. In fact, 14 people from three generations now have to live under the same roof. This creates all sorts of health issues and major problems.

To mention only a few examples: lack of privacy to allow young people to study and sleep properly, tuberculosis and mildew problems resulting from overcrowding, and cases of incest due to close proximity. As if that were not enough, there is now global warming caused in large part by the friends of this government to contend with. Add to that the government's lack of action on this issue, and we are sitting on a time bomb.

Passing Bill C-51 would enable the Inuit to manage the development of the Nunavik marine region themselves. The agreement entered into by the parties empowers the Inuit to protect their environment, stimulate their economy and improve the well-being of their communities.

This proposal raised sufficient interest that 81% of the population voted 78% in favour of the agreement, authorizing Makivik to sign it in order to address a land problem affecting the lifestyles and the hunting, fishing and trapping habits of the Inuit who are responsible for the survival of the population of Nunavik.

With this agreement, the Inuit own 80% of the offshore islands—

[Some hon. members]

Oh, oh!

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

That does not seem to bother very many people, because you can hear them all over the place. Their actions speak louder than I can.

The Inuit will receive financial assistance to implement the agreement.

It took 15 years for this to happen. Incredible. It is pathetic to see so much of this department's substantial budget go to legal fees. It is not that I take issue with the fact that the department has lawyers or with their usefulness, but I think the people have reason to believe the system is being abused.

A joint management board will be set up to ensure the Inuit are involved in managing their lands and resources.

In my opinion, section 5.2 of the agreement, which provides for the creation of the Nunavik Marine Region Wildlife Board, is unclear. The board includes only three representatives of Nunavik. The Makivik Corporation is certainly aware of this and has certainly informed the people of Nunavik, who support this agreement. Considering that they are willing to go ahead, we are here to support their legitimate claims.

Even though the Government of Quebec is not a party to the agreement, it has examined the agreement and has not found anything that requires amending.

This agreement is a first step. Recognition of land claims is always important for a people, but given the situation at present and the many needs the Inuit have, it is a small step.

The Inuit need decent incomes, appropriate tax credits, road and rail development and affordable, good-quality food. They also need equitable transportation costs, because they need to be able to make contact with people in the rest of their country at prices that are affordable and comparable to what other Canadians pay.

Beyond wealth, Quebec and Canada need to be presence to affirm the sovereignty of their respective territories and, as for the environment, the effort required today is certainly much less than the drastic corrective action that will be necessary in the very near future.

The Inuit, whether from Nunavik or from Nunavut, also hope for the creation of a standing committee so that Members of Parliament will take an interest in and examine their living conditions and their very particular difficulties, in terms of their culture, their distinctive geographic location and their very difficult but energetic economic activity.

If adopted, Bill C-51 will officially result in creation of the Torngat Mountain national park in Labrador, a landscape of some 10,000 square kilometres that deserves to be recognized.

Adoption of Bill C-51 is a first step forward for the Inuit of Nunavik. The recognition of a territory is always an important stage in the evolution of a people. However, in the present circumstances, considering all the socio-economic needs of the Inuit of Nunavik, the Government of Canada must continue and increase its efforts, jointly with the Inuit, to improve their well being.

Regardless of the wealth of the territory of Nunavik, Quebec and Canada need the presence of the Inuit to impose their sovereignty. The effort called for today is certainly easier to bear than the correction would be necessary and which would call for draconian measures in the very near future.

For many years, successive but different governments have shown a shocking lack of awareness of the realities of this area, of its people, of its needs and the dangers that threaten it. We, too, could be accused of genocide if nothing is done about the environment. What other countries did with weapons, we could do through collective poisoning.

On a number of occasions, we have seen the Minister of Indian and Northern Affairs accusing the opposition in the House of delaying implementation of this bill. In fact, was it not rather to camouflage his inability to convince the Cabinet to act? To consider that would be preferable to using blackmail in an effort to adopt other, less noble bills.

On the subject of the problems facing the Neskapi, we heard the representative of the government tell us that we have come full circle. But there is another nation living in the territory of Nunavik. They are the Neskapi, and the government is their trustee. Before granting governmental autonomy to Nunavik and creating problems between two nations, the government has a duty to settle those problems itself.

As we can see, the circle is still far from complete, as the representative of the government claims.

[The Deputy Speaker, Bill Blaikie]

Before calling for questions and comments or resuming debate, as the case may be, a number of conversations are going on in the House, which makes it difficult for the Chair and for the people who have the floor. I ask people who are having conversations on the floor of the House to maybe have them somewhere else so the proper respect can be shown the people who do have the floor.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I am pleased to rise in support of Bill C-51. I know New Democrats are anxious to see this bill passed rapidly through this House.

In 1975 the Governments of Canada and Quebec, along with the Cree and Inuit groups in Quebec, agreed to the James Bay and Northern Quebec Agreement, the first modern day land claims settlement. That agreement was an important step towards recognizing the rights of the Nunavik Inuit. It does not, however, adequately address all the issues surrounding the traditional territories of the Nunavik people.

Over 30 years later, Bill C-51 picks up where the James Bay and Northern Quebec agreement left off, addressing the use of land and resources off the northern coast of Quebec and Nunavut. Bill C-51 would bring into effect the Nunavik Inuit Land claims agreement, which was agreed to by the Governments of Canada and Nunavut and the Makivik Corporation, a group representing around 10,000 Inuit. This all took place in late 2006.

The agreement addresses the use and ownership of Nunavut land and resources in James Bay, Hudson Bay, Hudson Strait and the Ungava Bay, as well as a portion of northern Labrador. The agreement gives control of 80% of the land in the Nunavik Marine Region, nearly 5,100 square kilometres, to the Nunavik people. They will also retain full control of any resources found on these lands.

The Nunavik Inuit land claims agreement is a fair deal for the Nunavik people. I agree that we ought to bring this agreement into force. Too often land claims are finally settled, only for aboriginal people to face unreasonable and unnecessary delays in the implementation of these deals. In fact, that is what I wish to address with part of my time today. Claims need to be backed by adequate financial resources to ensure implementation. They need to be a government priority and the government must give land claims implementation its full and unwaivering support.

The Land Claims Agreement Coalition is a group comprised of aboriginal leaders from across Canada. The Land Claims Agreement Coalition has talked about the fact that treaties get signed, but the implementation is often very slow in coming. Many governments over numbers of years have talked about how important these agreements are in terms of providing a better quality of life, education, quality of water, housing and they often can lead to greater economic self-reliance and a better quality of life. They talk about the fact that these objectives must not be abandoned.

I want to quote from the conference the members of the coalition had last year. The said:

Objectives Must Not be Abandoned

However, in the experience of the members of the Coalition, the ink is barely dry on each land claims agreement before the federal government, and especially its officials, abandons any talk of those objectives, and proceeds instead on the basis that the government's sole responsibility is to fulfil the narrow legal obligations set out in the agreement, in the hope, presumably that everything will work out. The members of the Coalition are not aware of any policy having been explicitly adopted by the Government of Canada that the objectives of entering into the agreement are to be forgotten or ignored once it has obtained the Aboriginal signatures on the document. And yet that has become the entrenched attitude of Department of Indian Affairs and Northern Development.

This attitude has led at least some of the Aboriginal peoples who have entered in good faith into these modern land claims agreements to conclude that there have been deliberate, continuing efforts on the part the federal crown to minimize, frustrate and even extinguish the rights and benefits the Aboriginal parties expected would accrue from their treaties.

Those are very hard words.

In case we just talk about criticism, the Land Claims Agreement Coalition has extended to the Government of Canada a chance to enter into a mutual discourse. In their paper, “A New Land Claims Implementation Policy”, they make several recommendations to strengthen the land claims implementation process. These include:

Recognition that the Crown and right of Canada, not the Department of Indian Affairs and Northern Development, is party to our land claims agreements and self-government agreements.

There must be a federal commitment to achieve the broad objectives of the land claims agreements and self government agreements within the context of the new relationships, as opposed to mere technical compliance with narrowly defined obligations. This must include, but not be limited to, ensuring adequate funding to achieve these objectives and obligations.

Implementation must be handled by appropriate senior level federal officials representing the entire Canadian government.

There must be an independent implementation audit and review body, separate from the Department of Indian Affairs and Northern Development.

For too long, the government has treated land claims as contracts between INAC and other departments, when they are clearly negotiated as agreements between nations. The institutional framework of the federal government's approach to implementing land claims must change if it is going to keep pace with the legal and constitutional realities of modern treaties. Yet as the Land Claims Agreement Coalition says:

There has not appeared to be any understanding that these agreements are not ordinary contracts, nor has there been any senior oversight of the agreements by institutions that transcend the various departments of the federal government...What is called for is a change in the perspective...

These are important words in the context of this current agreement. Although we celebrate the signing of this agreement, we must also remain vigilant to ensure that these agreements are implemented and do not end up being just another piece of paper that has first nations and Inuit taking these agreements to court as we have seen with Nunavut.

The land claims must be more than a simple real estate transaction. The relationship between aboriginal groups and the government must be defined in ways that ensure the continuing interests of claimants are recognized to provide for the economic, social and cultural needs of aboriginal peoples. This policy enjoys the support of aboriginal peoples and informs some land claims negotiations.

Living up to this policy will require continued effort by all parties to make sure land claims are implemented in ways that benefit both Canada and aboriginal peoples. This can be accomplished by the government providing support, financial and otherwise, to ensure land claims negotiations produce strong, forward-looking partnerships between aboriginal peoples and the government.

Part of the reason I want to speak to Bill C-51 is also to give some attention to another first nation, the Naskapis. They are a small community who traditionally lived on the inland portion of the Ungava Peninsula. Unlike their Inuit neighbours who traditionally lived on the coast, the Naskapis have always been an inland people. Their land was also included in the James Bay Northern Quebec agreement. However, their rights were not protected by that treaty. The Naskapis were not allowed to take part in the negotiations of the James Bay Northern Quebec agreement even though it included ceding title to their traditional lands.

The net effect was that the Naskapis land was divided between the Inuit and to a lesser extent, the Cree, as if the Naskapis had never existed, this despite the fact that the Naskapis had made it clear to both the Government of Canada and the government of Quebec that they desired to negotiate a treaty. The lands of the Naskapis could have been excluded from those negotiations, but it was not.

I want to read from a document entitled “The Inuit Regional Self-Government and the Naskapi Nation”. In this document they say:

When, in late 1975, the signatories to the JBNQA agreed to negotiate with the Naskapis a settlement of their claims, the first thing that the Naskapis had to do was to ask the Crees and the Inuit to "give them back" their lands and rights. You can imagine how humiliating that was.

The Naskapis did win back some of their territory, but not all. Historic communities and burial grounds were not returned to their control. Chief Philip Einish wrote to members of the Standing Committee on Aboriginal Affairs on June 6, 2007, to let us know of their concerns around the process after this land claim bill is passed in the House. I want to be clear. I spoke with Chief Einish and he and the Naskapis are supportive of Bill C-51 and want to see this long-standing claim of the Inuit settled. However, they do hope that the passage of this bill gives their own work to maintain and enhance Naskapi control of Naskapi more impetus. The Naskapi are simply asking for some justice in their own process.

I will read from a letter sent to the committee. This is from the letter of June 6, and it refers to the threat. It says:

The Inuit, the GoC and the GoQ have negotiated an agreement-in-principle...that contemplates, among other things, the possibility of granting new governmental powers over Naskapi lands to an enlarged de facto Inuit government.

The parties cannot affect the treaty rights of the Naskapis without their consent but they are behaving in a way that potentially threatens the very survival of the Naskapis both economically and culturally.

The transfer to the Inuit-dominated Nunavik Assembly of new legislative powers would threaten the Naskapis, because the Nunavik Assembly would be much more likely to favour Inuit interests over Naskapi interests that would be the GoQ, which currently holds all or most of the powers in question.

It is in this sense that the rearrangement of governmental powers contemplated in the AIP [the agreement in principle] is considered by the Naskapis to be such a fundamental change to the dynamic enshrined in the JBNQA...and that it would be a grave injustice and tantamount to a breach of their treaty rights if their consent is not given, since the existing legislative limits placed on the KRG in the JBNQA...with regard to Naskapi traditional lands are in themselves a Naskapi treaty right.

I want to emphasize that the next step in the negotiations of the self-government agreement in Nunavik gives the government an opportunity to address this long-standing inequity. The Inuit of Nunavik want to occupy their rights to self-government over their traditional territories and they should be able to occupy those rights.

The Naskapis also desire to occupy their rights to control their traditional territory, rights that have been taken from them. In exchange for the new and varied power that the governments of Canada and Quebec will be granting to the Inuit, they should ask for the assistance of the Inuit in correcting the injustice done to the Naskapis. Even so, the Naskapis are not saying that the self-government agreement with the Inuit should not take place. They recognize that all aboriginal people should have the right to self-government. However, they want some assurances from the government that it will not grant any new powers that affect the land of the Naskapis unless the Naskapis have agreed.

I would also like to point out that the Cree-Naskapi Commission in its 2006 report to Parliament had a specific recommendation about this:

The Government of Canada, Naskapi Nation of Kawawachikamach and other parties concerned should forthwith settle the mandate of the Naskapi-Inuit-Canada-Quebec Working Group which should commence to address the concerns of the Naskapi Nation respecting the current negotiations on the establishment of the Nunavik Government.

This is a reasonable request. I will continue to ask the Minister of Indian Affairs and Northern Development for his assurance that the Naskapis' concern will be addressed before any agreements are executed.

In conclusion, peoples who are affected by this agreement are simply asking that their rights are also recognized. I would encourage all members of this House to support this very important piece of legislation. Certainly the New Democrats will be. I look forward to its rapid passage.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I listened with great interest to my colleague's discussion on this land claim issue.

I know from my time working with the Algonquin nation in Quebec on what was unceded aboriginal territory never covered by treaty, we had spent a great deal of time working on land claims research to deal with the outstanding land issues. One of the problems the Algonquians faced, and in fact one which first nations across the country face, is the government says it wants certainty, and what it means by certainty is the extinguishment of all land rights in exchange for a dollar figure or a certain amount of land. Yet these rights are guaranteed, first under the Constitution section 35 rights, and in court decision after court decision, including Delgamuukw, Haida, and Taku River.

We are now finding in our region a growing concern from industry. Industry wants to work with the first nation communities. Industry wants to work on the territories, but it is in a position where it cannot negotiate because the first nations cannot negotiate because the federal government as well as the Crown under the province are not at the table and they have been holding up these agreements. The tradition of the federal government with first nations was that if the first nations did not like it, they could take the government to court. Land agreements that could have been signed and moved forward were not signed. In fact there have been all kinds of question marks right across our northern territories.

Now industry is actually trying to move ahead in the vacuum where government should have been, as its fiduciary responsibility, trying to make agreements with first nations. There are first nations that want to move ahead because they need economic development as well, and yet they find themselves in a bind because the federal government and the provincial governments have been basically obstructing the process to resolve the issues.

I would like to ask the member whether she has seen this pattern across the country. What steps do we need to take to have a proactive government finally move forward so we can have not just certainty on the land for first nations maintaining their rights, but also proper economic development that they can partake in?