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.
