Thank you, Madam Chair.
Thank you, President Obed, for your remarks.
To begin my presentation, I would like to acknowledge that we are on unceded Algonquin lands.
I'd like to thank you for inviting the Government of Nunavut to speak to the standing committee today. As you mentioned, my name is Bill MacKay. I'm the deputy minister of justice for the Government of Nunavut. Susan Woodley is also with me. She's an aboriginal affairs adviser with the Department of Executive and Intergovernmental Affairs.
Both Ms. Woodley and I have been closely involved for several years in the negotiation and implantation of land claims in Nunavut. As this committee is aware, and as President Obed also mentioned, modern comprehensive land claim agreements are a well-established part of governance in Canada's north. The first modern land claim, as the committee knows, was concluded in northern Quebec, and then six years later the Inuvialuit agreement was concluded in the Northwest Territories. Since then there have been 11 land claim agreements concluded in the Yukon, five in the Northwest Territories, and three in Nunavut. There have also been several self-government agreements concluded in Yukon and Northwest Territories.
Nunavut is governed by a territorial government that, although closely modelled on the public territorial governments in the Yukon and Northwest Territories, is linked closely to a modern land claim agreement and, indeed, arose out of the Nunavut land claim agreement. As President Obed mentioned, this NLCA established the Nunavut settlement area, which is a massive area. It covers most of the territory of Nunavut. Like other comprehensive claims, it gives Inuit fee simple title to large portions of crown land. It also establishes a regulatory regime over development in the Nunavut settlement area and guarantees Inuit harvesting rights in the NSA.
The NLCA also requires governments, both federal and territorial, to ensure Inuit participation in social and cultural policies and to assist Inuit in obtaining government employment and in bidding for government contracts. The specific obligations falling to the Government of Nunavut under the NLCA, as well as the Nunavik Inuit Land Claims Agreement and the Eeyou Marine Region Land Claim Agreement, are outlined more specifically in a written brief that we've submitted to the committee.
Land claim agreements in the north are implemented by both the federal and territorial governments. The implementation is governed by implementation agreements that are not constitutionally protected. They detail outlines of implementation activities over specific time periods, and they're tripartite agreements, being the territorial government, the federal government, and the indigenous party.
The key point that we would like to raise here is that, at least initially, land claims in the north did not include the territorial government as a separate party to the agreements. The rationale for this was that the federal government was constitutionally responsible for treaty-making with indigenous people. Nevertheless, today most land claims in the north are three-party agreements. Some are also self-government agreements and therefore require full territorial participation. Others, such as land claim agreements in the Yukon, are three-party agreements simply because the territorial government is recognized as an equal partner in the land claim process, and the legitimacy of the agreement is dependent upon full recognition of the territorial government as a party to the agreement.
We would submit today, Madam Chair, that this is consistent with the evolving role of territorial governments as equal governing partners with the federal government in the territorial north.
In sum, territorial governments are democratically elected, legitimate governments. Although established through federal legislation, they are separate actors from the federal government. They participate fully in the federation on an equal basis to provincial governments. Northern residents elect these governments to represent their interests and pass legislation in areas of legislative competence that are more or less co-extensive with the jurisdiction conferred on provincial legislatures under the Constitution Act. Because of this reality, the territorial governments are responsible for implementing large portions of land claim agreements in the north. It is this reality that makes it proper and just that the territorial governments be equal partners and parties to land claim agreements.
This issue is the central focus of the written brief that we submitted, and we gave specific commentary on the territorial role in future land claim agreements in Nunavut involving groups with asserted rights within Nunavut's boundaries. Some of these groups have appeared before this committee. We would be happy to discuss further the matters raised by these groups as well as any matters outlined in our written brief.
I would also note as an aside that there is a territorial election period on now, and a new government may not have the same views as I'm espousing here, but I would say the position that territorial governments have equal standing to other governments in the federation is one that is long-standing and shared by all three territorial governments.
Madam Chair, I'd like to thank you again for the opportunity to address this committee. We would welcome any questions from the committee.
Thank you.