2011 ABORIGINAL LAW CONFERENCE THE FORT GARRY, WINNIPEG, CANADA APRIL 28 29, 2011

Transcription

1 2011 ABORIGINAL LAW CONFERENCE THE FORT GARRY, WINNIPEG, CANADA APRIL 28 29, 2011 THE JAMES BAY AND NORTHERN QUEBEC AGREEMENT INUIT OF NUNAVIK: CHALLENGES AND SUCCESSES Presentation by Jean François Arteau Legal Counsel and Executive Assistant to the President of Makivik Corporation

2 Makivik Corporation (means to RISE UP), was created in 1978 pursuant to the signing in 1975 of the James Bay and Northern Quebec Agreement by the Inuit of Nunavik, territory located north of the 55 th parallel in the Province of Quebec, the James Bay Cree, the government of Québec and the government of Canada. Makivik s mandate is to protect the rights, interests and financial compensation provided by the JBNQA, the first comprehensive Inuit Land Claim in Canada, and also the more recent Offshore Nunavik Inuit Land Claim Agreement that came into effect in JBNQA, often considered the first modern treaty in Canada, forever changed the relationship between Canada, Québec and Inuit of Nunavik. In a nutshell, the JBNQA: Extinguished all Aboriginal rights over the territory, thus the hydroelectric project of James Bay could proceed. Compensation funds were provided to the James Bay Cree and to the Inuit. The Inuit created Makivik to manage these funds. Makivik is also the political voice of the Inuit of Nunavik. Establishment of a land regime, and of a new regime of environmental evaluation of projects and resource developments.

3 In terms of governance, the government of Québec created Northern Villages (there are no Indian reserves) and three main public institutions were to provide programs and services to all residents of Nunavik (10,000 Inuit and 1,000 non Inuit): 1. Kativik School Board, which provides schooling in Nunavik communities, with special responsibilities for culture, language and teacher training. 2. Nunavik Regional Board of Health and Social Services which manage nursing stations in each community, two hospitals and deliver social services to all Nunavik residents. 3. Kativik Regional Government, with jurisdiction over all the territory of Nunavik (507,000 sq km size of France). It is a type of supra municipal government providing several services to Nunavik residents and to the 14 communities, including housing services, economic development, police force, etc. Although the Inuit were the architects of these non ethnic bodies, these institutions are opened to the participation of all residents of Nunavik, Inuit and non Inuit alike. Politically, culturally and economically, Makivik has been a leader in building and developing a vibrant region called Nunavik, where Inuit have established their own distinct place and identity within Québec and Canada.

4 In 1975, when the JBNQA was signed, the Inuit of Nunavik took the position that settling Inuit Land Claims must be viewed in the context of a new beginning, in terms of developing and implementing a new relationship and way of doing business with the governments of Québec and Canada. Land claim settlements have worked in the North to provide a number of Aboriginal groups including Inuit with selfgovernance and elements of autonomy over significant portions of their territories. These modern treaties have created a different dynamic between the federal government and Aboriginal peoples. Canada is, therefore, seeing the emergence of a stronger, dominant voice from its Aboriginal population in the North. We are talking now about a NEW NORTH. More recently, private industry is being forced to consult with Aboriginal and Inuit groups and communities, especially when it comes to sought after natural resources. For example, in 1995, Makivik and Falconbridge (now Xstrata) signed the Raglan Mine Agreement. Falconbridge wanted to exploit a nickel mine. Objects of the agreement were to ensure that Inuit of Nunavik derive direct and indirect and/or economic benefits from the project, to ensure monitoring of the impacts, to facilitate equitable and meaningful participation of Inuit with respect to the mining project, and finally to provide an efficient ongoing working relationship between the Inuit Party and the Raglan Project.

5 Another agreement of the same nature was signed with Canadian Royalties, now a Chinese company Jilien Canada, also for the exploitation of a nickel mine. Makivik s work demonstrates the extent that modern aboriginal treaties or land claim settlements can benefit Inuit, governments and all citizens, locally, regionally and nationally. Makivik s mandate ranges from owning and operating large profitable and successful business enterprises (First Air, Air Inuit, Construction Division, fisheries, transportation, etc.) and generating jobs; to social and economic development, improved housing conditions, to protection and development of the Inuit language and culture and the natural environment. But there are major challenges in Nunavik and in Arctic regions. Since its creation in 1978, Makivik has done enormous efforts to improve the delivery of services to Nunavik. But despite some tangible benefits and improvements in the Nunavik region and Nunavik Inuit, the quality of life in Nunavik and its communities is both a shocking and disturbing reality. It is a reality that suggests that new facilities, new housing, new schools, new airstrips and new economic development were not enough to improve the quality of life for Nunavik Inuit. The Inuit of Nunavik are facing an identity crisis provoked by drastic changes in recent decades: militarization of the Arctic during World War II and Cold War of the 1950s, when tens of thousands of American soldiers and civilian personnel flooded into the Canadian North including Nunavik to construct northern

6 defence projects. This impacted on the move by the Inuit from a nomadic way of life to permanent communities. Other events took place: dogs slaughtering that occurred in the 1950s and 1960s and its impact on the Inuit way of life and culture; residential schools which provoked the breakdown of families; exile to the High Arctic of Inuit from Inukjuak by the federal government. It took 57 years to the federal government to present an Apology On Behalf of Canada for the Relocation of Inuit Families in the 1950s. Unfortunately, there is also a high level of suicide among Inuit youth, high school dropout rate, social and family problems. The overcrowding of houses (the highest level in Canada) is a major impediment to a decent living for the families and the youth, to a better education and stability in the communities. There is an urgent call for closer collaboration and concerted efforts between Nunavik organizations and both the government of Québec and the government of Canada, to provide a safer and nurturing environment for the children of Nunavik, the families and the communities. Importance of land claims The JBNQA and the recent Offshore agreement give the Inuit of Nunavik control over large portions of Nunavik and the offshore islands. The waters of Hudson Bay, Ungava Bay and the Hudson Strait are critical to the Inuit livelihood, and are part of the overall Arctic Ocean system.

7 The fish and wildlife and marine mammals in and around these areas are just as susceptible to the adverse impacts of climate change as areas of the High Arctic. Nunavik coastal communities are to be just impacted as communities hundreds of kilometers further north. From its beginning, Makivik recognized the importance of science and research in building Nunavik economic future, protection natural resources and the health of the communities and people. With financial commitments from Makivik, the Nunavik Research Centre located in Kuujjuaq (considered the regional capital of Nunavik) was created 30 years ago and is recognized as a first class research centre and a model for Arctic research by Inuit. NRC employs key scientific and technical staff, all fully committed to excellence on a range of science issues to Nunavik including the quality and safety of country foods, environmental studies and wildlife management as well as sustainable development. The quality of NRC s work was recognized publicly in June 2007 when Makivik and NRC received the GOLD AWARD of the Canadian Environment Awards. This is a success story.

8 Implicit in everything Makivik and indeed Inuit have done in the past 30 years has been ensuring that Inuit of Nunavik participate as full partners and at every level in the development of Nunavik and of the country. Put another way, the Inuit of Nunavik have settled their comprehensive land claims and are building the political, institutional and economic development structures necessary to control their own destiny. Nunavik Regional Government In the building of its political structures, in December 2007 in the Quebec National Assembly, the Premier of Québec Jean Charest, along with the Minister of Indian and Northern Affairs Canada, and the President of Makivik Corporation, Pita Aatami, signed an unprecedented and innovative agreement which will see the creation of the Nunavik Regional Government under Québec jurisdiction. In the last 30 years, the Inuit of Nunavik have developed a VISION: to run their own affairs with an autonomous public government that is adapted to the realities of the Inuit and in line with the country s fundamental legal framework. Traditions that have governed the daily lives of Inuit are no longer suited to all new realities of an ever changing world. Seeing beyond the present is the goal of the President of Makivik and further: We must recognized the need to challenge ourselves to find ways to engage the mind and spirit of a generation of Inuit.

9 Government of Canada s Northern Strategy Government of Canada s NORTHERN VISION, sees the great economic potential of the vast northern or Arctic natural resources as key to Canada overall economic future. From the perspective of Makivik, and the Inuit of Nunavik, it is important to clarify exactly what do we mean when we use the term Arctic. Is it a term that is interchangeable with the north as in the far north? Or does it have a fixed geographical connotation? Does it mean all the land and waters above the 60 th parallel? Or does it extend further south? Sometimes the Inuit of Nunavik find that they are too far south to be included in many of the Canadian Government s Arctic and northern initiatives or strategies such as NORCAN (a unit of the government of Canada to enhance economic development only in the 3 territories), and other times discovered that they are too far north to be included in many provincial programs. A serious challenge for the government of Canada concern how it will develop and implement its Northern Strategy as it pertains to Nunavik. That is still a very important issue for the Inuit of Nunavik. The north of 60 definition of the North on which the government of Canada uses, does not reflect the reality of the North and of the Arctic. Nunavik is an integral part of the Canadian Arctic.

10 Some time ago, Makivik suggested to the government of Canada and to the Minister of Indian and Northern Affairs Canada to engage in a scoping out exercise with the objective to identify the key issues that should be part of the Northern Strategy initiatives that would be of direct benefit to Nunavik. DIAND preferred to take another route and turned down this proposal. Best example is the creation of the Canadian Northern Economic Development Agency (CANNOR). In its 2009 budget, the Canadian government provided $50M over 5 years to establish CANNOR. The Agency s focus is the provision of business services north of 60 solely, thus excluding Nunavik. PLAN NORD of the government of Québec The government of Quebec has developed a PLAN NORD and a major focus is on the development of Québec natural resources, energy, mining, forests and tourism. The challenge the PLAN NORD has to face, is the social crisis in Nunavik. In relation to the PLAN NORD, the Inuit of Nunavik developed the PLAN NUNAVIK, which highlight the priorities of the Inuit for the next 5 to 25 years in the following areas: housing, health, education, access to the territory, mining, energy, tourism, biofood, wildlife, culture and identity, telecommunications and community development. In its implementation, the PLAN NORD must respect all current treaties and agreements between the government of Québec and the Nunavik Inuit. In particular, PLAN NORD must ensure

11 that Québec continues to implement all its obligations under the JBNQA and other agreements it signed in recent years. This is a challenge. PLAN NORD does not replace Québec s obligations and undertakings under the above treaties and agreements but is simply supplementary to them. PLAN NORD must not forget that Nunavik Inuit are both an Aboriginal people with treaty rights to the Nunavik region and taxpayers. Furthermore, given the anticipated increased activity and population in the Nunavik region under PLAN NORD, it is now more urgent that Nunavik Inuit can participate directly in the Québec s democratic institutions, namely the Québec National Assembly. Concluding remarks Implicit in everything what Makivik and indeed Nunavik Inuit have done in the past 30 or more years, has been ensuring that the Inuit of Nunavik participate as full partners and at every level in the development of our region and of our country. In other words, the Inuit of Nunavik have settled their comprehensive land claims and are building the political, institutional and economic development structures necessary to the Inuit to control their own destiny within their region.

12 In summary, the overall philosophy that both treaties of the Inuit of Nunavik are built upon, should apply to whatever initiatives are undertaken in the future of the Arctic. In the last decades, the political map of northern Canada was redrawn, traditional political institutions were linked to newer concepts of governance, new systems of land stewardship and public decision making were invented, and standard operating procedures for resource development companies were transformed. The Arctic including Nunavik is facing a transformation of epic proportions. Climate change and melting sea ice are transforming the traditional vision of the Arctic as Canada s northern frontier. In the first years of the 21 st century, Canadians seem to have rediscovered their North. PLAN NORD is a good example. The Arctic is back on the national agenda.