NR-HQ-01-09E

Ministers announce negotiators, process for long-term response to Marshall

February 9, 2001

OTTAWA -- Robert Nault, Minister of Indian Affairs and Northern Development, and Herb Dhaliwal, Minister of Fisheries and Oceans today announced the launch of the Federal Government’s long-term strategy to address the Supreme Court’s 1999 Marshall decision and build a sustainable treaty relationship with Mi’kmaq and Maliseet communities. In addition, both Ministers named the negotiators they have appointed to represent the federal government in this process.

The long-term strategy will proceed along two complementary tracks. The objective of the process led by DIAND is to reach long-term agreement on issues of Aboriginal and treaty rights. Recognizing that it will take time to reach agreement, a second initiative will be carried out by DFO to negotiate fishing agreements that will provide increased First Nation access to the fishery on an immediate basis. Fishing agreements will be without prejudice to the positions of the federal government or First Nations in any future negotiations. Broader issues relating to Aboriginal fishing which cannot appropriately be dealt with in the DFO process will be addressed in the more comprehensive process led by DIAND.

"My colleague, the Minister of Fisheries and Oceans and I have complementary roles to play in addressing the aspirations of First Nations on the East Coast, including the full implementation of the Marshall decision," stated Minister Nault. "While Minister Dhaliwal is responsible for expediting and facilitating the immediate participation of Mi’kmaq and Maliseet communities in the commercial fishery, I am responsible for the development of longer-term processes which will address the broader issues of Aboriginal and treaty rights. To assist me in this endeavour, I am pleased to announce the appointment of Mr. W. Thomas Molloy to the position of Chief Federal Negotiator."

Mr. Molloy will be working with the Mi’kmaq of Nova Scotia and the government of Nova Scotia in a broad tripartite negotiation process to consider issues of Aboriginal rights, title and treaty rights to land, resources and self-government. In addition, Mr. Molloy will be in a position to commence exploratory talks with the Mi’kmaq and Maliseet and provincial governments of New Brunswick, PEI and Quebec on similar issues, should they be interested.

"I am pleased that Mr. Molloy has agreed to work with the Mi’kmaq and Maliseet of the Maritimes and Quebec," stated Minister Nault. "Mr. Molloy brings with him a wide range of experience on Aboriginal issues, including the successful negotiation of the Nunavut and Nisga’a Agreements. Gathering Strength – Canada’s Aboriginal Action Plan sets directions for a new course among governments and Aboriginal groups based on the principles of mutual respect and recognition, responsibility and sharing. This initiative is built on the kind of partnerships which bring real and practical improvements to the lives of not only Aboriginal people, but indeed all Canadians."

Mr. Molloy will represent Canada in exploratory discussions and negotiations involving the Mi’kmaq and Maliseet, and provincial partners, where possible, to consider issues of Aboriginal rights, title and treaty rights. He will also work closely with the fisheries negotiator appointed by the Minister of Fisheries and Oceans, who will conduct community level negotiations to ensure immediate access to commercial fishery consistent with the Marshall decision. The fisheries negotiator will also be closely involved in any fisheries matters raised in Mr. Molloy’s long-term negotiations on Aboriginal and treaty rights. Finally, Mr. Molloy will be responsible to negotiate measures to address the implications of the Marshall decision, beyond fishing, with the Mi’kmaq and Maliseet and to consult with Aboriginal and provincial partners on the possible creation of Treaty Commission(s) in the spirit of the Peace and Friendship Treaties and the continuing importance of the treaty relationship.

Minister Dhaliwal announced that James MacKenzie will continue as the Federal Fisheries Negotiator (FFN), and Gilles Thériault will continue as Associate Federal Fisheries Negotiator (AFFN). They will work closely together to negotiate agreements that will immediately facilitate First Nations’ participation in the commercial fishery.

"Mr. MacKenzie has a proven record of success in dealing with this important file, and I am pleased that he will again be representing the Government in its fisheries negotiations," said Minister Dhaliwal.

"In the year following the Marshall decision, Mr. MacKenzie negotiated interim arrangements with 30 of the 34 affected First Nations. Now, as we launch a multi-year approach to provide increased fishery access, Mr. MacKenzie’s experience will be key in ensuring successful outcomes for all."

As FFN, Mr. MacKenzie will be mandated to negotiate with Aboriginal communities and work out fishing arrangements that include increased access to fisheries, a greater role in management of their own fisheries, and fisheries capacity building for Aboriginal fishing communities, while minimizing disruption to surrounding communities. He will be authorized to sign agreements that last from one to three years.

"Multi-year agreements will give greater flexibility to Aboriginal communities in their negotiations and planning, while offering more planning stability to non-Native fishing communities," Minister Dhaliwal explained. "These agreements transfer fishing enterprises into the control of Aboriginal communities. They represent one practical way that the Government is following through on its commitment to work with Aboriginal people to strengthen their entrepreneurial and business skills, and to make the necessary investments to meet the needs of Aboriginal communities."

As in the first phase of the program, it is intended that access provided to First Nations will be obtained through a voluntary license retirement program.

To ensure that the concerns of non-Native commercial fishers continue to be well-represented as the process continues, the AFFN, Gilles Thériault will work closely with Mr. MacKenzie, and will focus on consultation with industry and other groups. Minister Dhaliwal said, "As always, communication with all interested communities will be key to the success of the program."

"Our fishery negotiations will be guided by three priorities. First, we must preserve the fishery resource for future generations of fishers, both Aboriginal and non-Aboriginal. Second, we intend to respect the Treaties that have been signed. . Third, we will ensure that the fishery is regulated and managed effectively, to the benefit of all users."

Consistent with arrangements last year, DFO will continue negotiation of fishing agreements with Native Councils of Prince Edward Island and Nova Scotia, and with the New Brunswick Aboriginal Peoples’ Council. These organizations represent off-reserve status and non-status Aboriginal people. Agreements on access to the commercial fishery will again be negotiated by Departmental staff under the existing Aboriginal Fishery Strategy.

Ministers Nault and Dhaliwal emphasized that, although their two negotiators will operate within their own mandates, and report separately to their responsible Ministers, their efforts will be closely coordinated and mutually reinforcing.

"The Government of Canada is committed to honouring its Treaties and to building a new relationship with First Nations. The Federal Fisheries Negotiator and his associate, and the Chief Federal Negotiator will play important roles in achieving that goal," Minister Dhaliwal said.