Indigenous and Northern Affairs Committee on Feb. 10th, 2009

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Since October 16, have specific claims been filed with the tribunal?

[Michel Roy]

Not yet.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

When does it come into effect?

[Michel Roy]

It has existed since October 16, but so far no cases have been referred to the tribunal.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Why?

[Michel Roy]

For all sorts of reasons. Of course, the tribunal is very new. It is just getting underway. An acting clerk is there to implement the structure and all the rest.

We also have a process in place. Claims must be rejected in order for a first nation to decide to go to the tribunals.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

There is something else I would like to understand. These are modern treaties.

[Michel Roy]

The blue one is, yes.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

The blue one with the figures is, yes. These are modern treaties that have been signed in the last few years, the most recent of which was signed in 2008. What is done with the treaties? The example that comes to mind immediately is Treaty 9 regarding the Algonquians. Is it still in effect?

[Michel Roy]

Yes, the historic treaties are always in effect. They form the bases of relations between the first nations that come under historic treaties and the federal crown.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Since I am here to represent the interests of Quebec, I would like to understand where Quebec is involved. When aboriginal communities make a claim is Quebec, like any other province, involved in these claims with the federal government? They cover lands and everything, do they not?

[Michel Roy]

Yes. In the area of comprehensive land claims, as I was saying earlier, the provinces are the players, because the lands and resources come under provincial jurisdiction. We therefore require provincial participation in order to find solutions to land claims.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Everything we have just discussed covers only cases where “Indians”—and I am weighing my words carefully—are recognized under the Indian Act. Is that correct?

[Michel Roy]

Yes.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

I have a very specific example, and no doubt it is one you are expecting: Kitcisakik, in La Verendrye Park, is not recognized. How does the department deal with this matter? This is a huge specific claim. It covers almost half of La Verendrye Park.

[Michel Roy]

Usually, Mr. Lemay, when you have—

[The Chair, Conservative, Bruce Stanton]

Your time has expired.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Can he answer the question?

[The Chair, Conservative, Bruce Stanton]

A brief response.

[Michel Roy]

As a rule, when we discuss a land claim with an aboriginal group, we make sure we are on the same page numbers-wise. We don't negotiate with one single community, but with a group, for example the Algonkins. They're the ones that need to determine things from a logistic standpoint, i.e. who represents who, and who's represented by the group with which we're negotiating.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Thank you.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Lemay.

Now we'll go to Ms. Crowder.

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

Thanks, Mr. Chair.

And thanks for coming today.

I'm going to start with specific claims, and in my next round I'll go to comprehensive claims.

I just need a point of clarification. I understood there was an order in council that had the specific claims commission ceasing to function at the end of December, but I'm hearing you say that it will continue to function until the end of March.

[Michel Roy]

The end of March, yes.

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

So are they still processing the claims that are before them?