Gov't and First Nations

NS: Agreement facilitates consultation between Mi’kmaq, government
By Jason Malloy, Transcontinental Media

Source: The Truro Daily News, Sep. 1/10

[MILLBROOK, NS] – An agreement years in the making was signed yesterday providing the framework for the federal and provincial governments to consult with Nova Scotia’s Mi’kmaq on projects and activities.

Canada’s Indian Affairs Minister John Duncan, Nova Scotia Premier Darrell Dexter and Grand Chief Ben Sylliboy signed what was called a “historic”, “landmark” and “precedent-setting” agreement.

“Since 2007 the pilot terms of reference have been adjusted and refined and today they have been signed by every Mi’kmaq chief, by myself, by the minister of Indian and Northern Affairs Canada,” Dexter says. “It’s a great moment. An achievement of which we can all be very proud for a number of reasons.”

He says it is a “unique” agreement in Canada because it’s the first of its kind that includes all First Nations within a province. In 2002, the three parties signed an umbrella agreement, which included negotiating the terms of reference for a consultation process.

“The term of reference provides an essential component to the discussion of land and resources in the province. Foremost it provides a process to allow people to come together and discuss common issues and concerns,” says Membertou Chief Terry Paul. “Although it does not guarantee that a consensus will emerge between the Mi’kmaq and the government, it does, however, provide a place where we can build trust and develop or improve our relationship.”

Chief Gerard Julian, co-chair of the Assembly of Nova Scotia Mi’kmaq Chiefs, says the Mi’kmaq involvement must be more than “window dressing” to items that have already been approved by government.

“A meaningful role for the Mi’kmaq in consultations means that our involvement matters and that views and opinions are taken into account,” he says. “It also means our concerns are substantially addressed throughout the consultation process.”

Tuesday’s signing is part of broader negotiations to resolve outstanding questions relating to Aboriginal and treaty rights and self-government.

“I’ve often said we’re caught in a chain of treaties our ancestors signed in the 1700s. Every benefit we’ve got, that are caught in the chain of treaties, we had to resort to court action,” says Millbrook Chief Lawrence Paul.

In the 2004 Haida and Taku River decisions, the Supreme Court of Canada ruled the federal and provincial governments have a legal duty to consult and, where appropriate, accommodate when government conduct may adversely impact established or potential Aboriginal or treaty rights.

“But now with the Made in Nova Scotia Process… we can sit down and discuss the benefits of our treaties,” Paul says.