[Witness speaks in Inuktitut]
My name is Aluki Kotierk. I'm the president of Nunavut Tunngavik Inc. I want to thank you for the invitation to come and make a presentation to you today, and I want to offer some praise. When I walked into the Parliament building this morning, the security officer who was checking me in and making sure my bags were safe said “nakurmiik” as I left, and I thought, wow, that's a great indication that it's becoming a common practice that Inuit come to the Parliament building more frequently.
I'm here as the president of Nunavut Tunngavik Inc., but I'm also here as the co-chair of the Land Claims Agreements Coalition.
In 2003, the modern treaty signatories held a national conference and set up the coalition. We found that many of us had implementation problems with our agreements. We formed the coalition to bring about changes in government policies and practices so that our agreements could be fully implemented.
Of course, each treaty has its own character, and each indigenous party speaks for its own treaty. The coalition does not change that. We are not a formal legal body. We are modern treaty signatories who are working together. We include first nations, Métis, and Inuit modern treaty signatories. Our Inuit members are also members of the Inuit Tapiriit Kanatami, and our first nations members are also members of the Assembly of First Nations.
We have 29 modern treaties extending from Nunatsiavut through Nunavik and James Bay, across Nunavut and the Northwest Territories, the Yukon, and down into British Columbia. They cover almost half the land mass of Canada. Some of our members have signed more than one modern treaty. We have 26 members in our coalition. We have two chairs chosen by the members. One represents the first nations, and this has been the Nisga'a, and the other represents Inuit, and that's NTI.
We formed the coalition to pursue changes in the government's approach to implementation. These are both policy changes and organizational changes. Before I get into that, I want to speak a little more specifically about our agreement, the Nunavut agreement, and the challenges we faced in implementation.
After almost two decades of research and negotiation, Inuit signed the Nunavut agreement in 1993, 24 years ago. Ours is the largest land claims agreement in Canada. We have 31,000 Nunavut Inuit. Our agreement redefined our relationship with the Government of Canada. It represented our quest for self-determination and for decolonization.
NTI's mission is Inuit economic, social, and cultural well-being through the implementation of the Nunavut agreement. I would like to speak for a moment on the subject of self-government. I understand that is part of your mandate.
In 1993, when we signed our agreement, federal policy was not to negotiate self-government through a land claims agreement. In fact, self-government, as usually understood in a first nations context, was not our goal. Our goal was to create a new territory with its own public government.
After a long, hard battle, we achieved that, and the federal government agreed to put article 4 in our Nunavut agreement. Nunavut was established six years later. This was not in the federal land claims mandate, and I must give credit to Minister Siddon at that time for being prepared not only to think outside the box but to act outside the box.
Our agreement is made up of 42 articles, and it redefined our relationship with the crown. We don't have time to go through all the articles, but I want to highlight some of the challenges and shortfalls in Canada's performance we've had in the implementation of our agreement.
Our agreement provided for arbitration to resolve disputes as an alternative to going to court, but the two parties, government and NTI, had to agree before arbitration went forward. Anyone who fears a contrary arbitration decision will find it in their own interest to refuse arbitration, if they have that option. Over the years, every time NTI tried to refer a matter to arbitration, the federal government would refuse.
In 2006, frustrated by the federal government's inaction on important points in parts of our agreement, NTI went to court. We started an action for breach of contract, failure to meet fiduciary obligations, and failure to act in a way consistent with the honour of the crown.
In May 2015, we signed an out-of-court settlement agreement. As part of that settlement, the arbitration provisions of our agreement have been changed. Now either we or the crown can refer a matter to arbitration. We have not used the new process, and hopefully we will not have to, but we now have it if we need it.
It would be appropriate for all modern treaty signatories to have effective access to binding arbitration when needed. This is an aspect that this committee could examine further.
A key element of the Government of Canada's responsibilities relates to appropriate consultations with indigenous peoples. This was reconfirmed by the Supreme Court in the recent Clyde River case. I'm sure you're well aware of the details, but I want to highlight a number of things.
The Supreme Court recognized that it is the government's responsibility to ensure that consultation by an administrative tribunal such as the National Energy Board is adequate. In this case, the court decided that there was not adequate consultation with the Clyde River community. No meaningful avenues of participation were provided to the Inuit of Clyde River, for a number of reasons. These include that Inuit had not received participant funding to assist in their preparation and participation in the process. More often than not in Nunavut, we lack access to information and technical means to fully address development proposals. Some form of participant or intervenor funding is critical to our ability to participate meaningfully in such processes.
The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, and the National Energy Board all have their own participant funding programs. In Nunavut, development proposals are reviewed by the Nunavut Impact Review Board under the Nunavut agreement. It is funded by the federal government and does not have a participant funding program. As a result, we cannot be confident of having the means to participate effectively in assessing important projects affecting the wildlife in our areas.
The federal Nunavut Planning and Project Assessment Act was adopted to implement the Nunavut agreement. Subsection 228(1) states that the Governor in Council may establish such a funding program for Nunavut. So far, this has not been done. NTI has requested that the federal government establish a participant funding program in Nunavut. We are waiting for a response to our proposal.
I want to touch on article 23 of our Nunavut agreement, which deals with Inuit employment in both the federal and the territorial public service. The objective is a representative workforce, which in Nunavut means 85% Inuit employment, yet today Inuit make up only 18% of the senior management level and 27% of the middle management level, with an overall 50% Inuit employment percentage across our public service.
It is now over 21 years since a full set of departmental Inuit employment plans and pre-employment training plans, with hard targets and timelines and all the necessary detail to meet those targets and timelines, were supposed to have been completed. Recently we commissioned a report by PricewaterhouseCoopers on the economic loss that Inuit face from the failure to implement article 23. The study reveals that, at this rate, $1.2 billion in employment income will be lost by Inuit over the next six years, and government costs will be $500 million more than necessary.
I have a copy of this report, which I will provide to the clerk for your reference.
In my view, this file really requires political will and the injection of direct and forceful ministerial intervention. In terms of achieving a representative workforce, not only would that have an economic impact on the lives of Inuit when we have a territory where seven out of 10 children go hungry every night, but it would have an impact on the way in which programs and policies are developed and programs and services are delivered. If we have more Inuit employees, the policies will reflect Inuit ways of understanding and being, and the programs and services will be delivered in Inuktitut—and the probability for that will be much higher.
I understand that I don't have much time, so I'm just going to give a brief listing of some of the other implementation challenges we have.
The federal government has yet to develop a procurement program, which is required under article 24. Also, Inuit impact and benefit agreement negotiations for the heritage rivers have been outstanding for many years. As well, we've been excluded from the aboriginal fisheries strategy, despite our entitlement to benefit from government programs, and Fisheries and Oceans has yet to harmonize the fishing regulations to correspond with the Nunavut agreement.
To go back to the Land Claims Agreements Coalition, I want to state that we have a four-ten declaration, which our members approved in 2006. I'll leave a copy of that for your clerk as well. The key points are that our modern treaties are with the crown, not with Indian Affairs; we need a federal commitment to meet the broad objectives of our agreements, which must not be interpreted narrowly; implementation must be handled by senior officials; and, an independent review body should review implementation.
We would like to see an independent agency. That has not been addressed by the government. We will be emphasizing this more in the future. The Auditor General has assessed implementation of four modern treaties over the last 12 years, and that work has been very much appreciated, but we need to do more of that.
In conclusion, I draw your attention to article 37 of the United Nations Declaration on the Rights of Indigenous Peoples, which speaks to the rights of indigenous peoples and the role of states.
Qujannamiik.