Comprehensive Claims Process

The goal of comprehensive claims agreements is to reach negotiated settlements between governments and Aboriginal peoples. They continue a process that has been evolving for more than two centuries in Canada. These settlements are meant to result in a clarification of the rights of Native and non-Native people with respect to land and resources. They are conducted with Aboriginal groups that continue to use and occupy traditional lands and whose Aboriginal title has not been dealt with by treaty or superseded by law.

Negotiated settlements may provide Aboriginal groups with land, money, wildlife harvesting rights, participation in environmental and wildlife management, and some sub-surface rights as well as (or instead of) a share of revenues from non-renewable resources. Settlements represent a way for Aboriginal peoples to obtain lasting protection for their traditional land-based interests and, at the same time, secure rights and benefits that will assist them to chart their own socio-economic development.

The federal government's 1986 Comprehensive Land Claims Policy guides the negotiation of Native claims. It seeks to achieve agreements that will ensure fair treatment of Native interests and avoid grievances in the future.

Background of the TFN Claim

The claim to Aboriginal land title by the TFN was the largest in Canada. It involved a population of approximately 17,500 Inuit in the central and eastern Northwest Territories (NWT) and a land area approximately 1,916,602 square kilometres plus adjacent offshore areas. Inuit constituted over 80 per cent of the population in their claim area.

The TFN claim was first presented to the federal government by the Inuit Tapirisat of Canada (ITC) in February 1976. It was subsequently revised and resubmitted in December 1977. Little progress was made in negotiations held during 1978 and 1979, due to an impasse over Inuit proposals to create a new political territory called Nunavut.

In the spring of 1980, ITC agreed to resume negotiations with the understanding that proposals for the creation of a territory of Nunavut would be dealt with outside the comprehensive claims forum. In late 1980, negotiations resumed. In 1982, the TFN replaced the ITC as the negotiating body for the claim.

The government negotiating team included staff from the department's Comprehensive Claims Branch as well as representatives from affected federal departments and the Government of the Northwest Territories (GNWT). Other parties and organizations were also consulted and informed of claims-related developments.

The TFN, the GNWT and the Government of Canada ratified an agreement-in-principle (AIP) early in 1990 and signed it in Igloolik, NWT on April 30, 1990.

Negotiators reached the Final Agreement on the major elements of this claim in December 1991. On November 12, 1992, the Ratification Committee announced that 69 per cent of Inuit people had voted positively to ratify the Final Agreement. An implementation plan was completed in early 1993.

The agreement provides financial compensation of $1.14 billion which will be paid out over 14 years. A $13 million Training Trust Fund will be established, to ensure the Inuit have skills for implementation of the settlement. The Agreement also vests the Inuit with ownership of approximately 350,000 square kilometres of land of which approximately 36,000 will include mineral rights.

The Final Agreement also included an undertaking by Canada to recommend legislation to Parliament to establish a Nunavut Territory and government following negotiation of a political accord on timing and process for dividing the Northwest Territories and establishing a Nunavut territorial government in the Eastern Arctic, the Inuit homeland (see Information Sheet No. 55). A plebiscite to confirm the boundary to divide the NWT was held in May 1992 and a political accord ensuring the creation of Nunavut by 1999 was signed on October 30, 1992. The accord deals with types of powers, financing and timing for division.

An overlap Agreement was concluded with Makivik, which represents the Inuit of Northern Quebec, and with the Inuvialuit. Harvesting rights for NWT Dene and the Dene of Northern Manitoba and Saskatchewan are protected in the agreement.

On May 25, 1993, The Nunavut Land Claims Agreement was signed in Iqaluit, NWT, by federal, territorial and TFN representatives. The Nunavut Land Claims Act (Bill C-133) and an Act to create the territory of Nunavut (Bill C-132) received Royal Assent in Parliament on June 10. The Nunavut Land Claims Act was proclaimed into force on July 9 by Order-in-Council, settling the largest land claim in Canada.

Since then, the Inuit have begun implementing the wildlife harvesting rights, participating in environmental regimes and exercising a variety of other rights and benefits guaranteed to them under the terms of the Agreement. For instance, in December 1993, Minister of Indian Affairs and Northern Development Ronald A. Irwin announced funding for the implementation of a resource management planning process in the NWT. "This funding will assist in developing a renewable resource management plan that protects the environment while ensuring sustainable use of local resources," Irwin stated. As well, in January 1994, the Nunavut Wildlife Management Board began work on its mandate to ensure proper wildlife-conservation in the area which will become Nunavut Territory.

Information on the Tungavik Federation of Nunavut Comprehensive Claim is one of a series of information sheets produced by the Communications Branch, Department of Indian Affairs and Northern Development. For information sheets on other topics, contact:

Department of Indian Affairs
and Northern Development
Enquiries Kiosk
Ottawa, Ontario
K1A 0H4

Telephone: (819) 997-0380

QS-6047-008-EE-A8