Thanks very much, Chair and honourable members, and thank you for the opportunity to appear here today.
I want to thank my colleagues for their presentations.
My remarks today, I think, are going to be more contextual, reflecting broader relationship issues and the variety of land management regimes we have with indigenous people across the country, whether it's on reserve, under self-government or claims, or in the north.
I want to acknowledge and introduce my colleagues, Mark Hopkins from Northern Affairs, and Susan Waters from lands and economic development.
I'll start by saying that indigenous peoples' relationships to Canada's lands, waters, and natural resources are integral to their cultures and livelihoods. This relationship varies with the governance and geographic landscape across the nation. In the south, for example, indigenous lands are largely first nations reserve lands that are federal lands under federal jurisdiction.
The northern context is very different. Lands are mostly managed through modern treaty agreements in the territories, and the north is a key component of our Canadian identity, in part because of its uniqueness. It makes up 40% of Canada's land mass and two-thirds of our coastline, and is home to unique species, significant non-renewable resources, an extreme Arctic climate, limited infrastructure, and vast topography. It is within this context that Canada applies its long-standing commitment to the protection of the northern environment and to the sustainable development of its resources for the benefit of Arctic residents and all Canadians, both now and in the future.
Moving forward on conservation matters, north or south, indigenous peoples will need to be meaningfully consulted and involved in a manner that respects aboriginal treaty rights, seeks to balance indigenous interests with other societal interests, and leverages opportunities to establish a meaningful dialogue with indigenous groups in support of building relationships.
I just want to talk a little about first nations reserves. More than 3.5 million hectares of land in Canada are first nations reserve lands, which continue to grow as land is added to fulfill legal obligations from historic treaties and specific claims, and for community growth and economic development. The majority of first nations reserve land is governed under the Indian Act, which provides authority for environment and land management, including by-law-making authority. While the minister has jurisdiction and responsibility over the land, the control and use of the land rests with the first nations.
That changes under self-government. Self-government allows indigenous groups to govern their internal affairs and assume greater responsibility and control over community decision-making. Comprehensive self-government agreements address the structure and accountability of indigenous governments, their law-making powers, financial arrangements, and responsibilities for providing programs and services and to work in partnership with other governments and the private sector to promote such issues as environmental protection and to improve social conditions.
Sectoral self-government agreements, such as under the First Nations Land Management Act, provide signatory first nations the authority to make laws in relation to reserve lands, resources, and the environment. The act specifically allows first nations to opt out of the Indian Act provisions related to land management.
On first nations reserves, Indigenous and Northern Affairs Canada works with first nations communities on land protection measures through a combination of programs, policies, and partnerships with other departments. Our department and first nations communities support environmental conservation and protection through the environmental review process, where the department and first nations assess projects taking place on reserve to minimize or avoid adverse environmental effects before they occur, and to incorporate environmental factors into decision-making.
Our department and first nations communities also have legal obligations pertaining to environmental conservation and protection through a number of pieces of federal environmental legislation. However, provincial laws that manage environmental risk do not apply on reserve land.
Moving on to comprehensive land claims and modern treaties, currently there are 28 constitutionally protected modern treaties in effect across Canada, covering 40% of the nation's land mass, including most of the north. Modern treaties put in place concrete measures to achieve reconciliation, to promote strong and sustainable indigenous communities, and to establish intergovernmental relationships between the treaty partners. Many modern treaties also include self-government arrangements.
Treaties clarify rights and obligations around the ownership and management of lands and resources, and promote self-determination and joint decision-making. Importantly, treaties transfer ownership of lands and resources to indigenous signatories. Treaty holders have the power to make and enact laws on the use, management, and conservation of the signatory-owned lands and resources, and signatories often have right-of-access to crown lands for harvesting and traditional use, and the right to be involved in resource management decision-making in areas where the crown has the primary responsibility.
Land use planning is particularly relevant in this area. The land use planning process is a major component of the land or resource management landscape under modern treaties, especially in northern territories. Northern treaties mandate that the treaty partners collaborate to develop regional land use plans laying out how lands and resources are to be used, while balancing the interests of the respective parties in areas like environmental protection, social and cultural protection and promotion, and economic development.
The northern treaties put in place independent land use planning boards, or councils, that are mandated to lead the land use planning process. Some plans are currently in place, for example, in the Northern Yukon and in the Sahtu and Gwich'in treaty settlement areas in the Northwest Territories. Modern treaties have specific provisions and obligations relating to federal conservation measures, and they are often the basis for the creation and management of national parks and protected areas.
The Government of Canada is legally obligated to consult with its indigenous treaty partners on the establishment of conservation or protected areas in proximity to a treaty. The treaties often require Canada to enter into it with its treaty partners and with the intent of putting impacts and benefits agreements in place, as my colleague from Environment mentioned, to mitigate potential impacts on the rights of treaty holders and to leverage opportunities for economic development and co-management in treaty communities.
Modern treaties also put in place unique governance arrangements through institutions of public government, and they are mandated to coordinate decision-making related to lands and resources in treaty settlement areas.
On the ground, modern treaties have led to strong co-management relationships between Canada and its indigenous treaty partners and leveraged socio-economic benefits for communities. Plans can support the integration of first nations and Inuit culture and heritage into parks programming, protect resources of natural and cultural significance to the treaty signatories, and promote training, employment and economic opportunities for treaty beneficiaries.
In conclusion, and to echo all of my federal colleagues so far, I think it would be integral to address how indigenous communities and governments can and should contribute to how Canada plans to move forward to meets its conservation goals. Existing aboriginal and treaty rights, and the unique interests and priorities of indigenous Canadians, must inform this important work.
Thank you for the opportunity to address you today, and we welcome any questions you might have.