Frequently Asked Questions

Multi-Year Plan for Evaluating the Impacts of Comprehensive Land Claims Agreements

What are Comprehensive Land Claims Agreements?

Comprehensive Land Claims Agreements (CLCAs) are negotiated in areas of the country where Aboriginal rights and title have not been dealt with by treaty or through other legal means. These durable and binding agreements are modern-day treaties between Aboriginal claimant groups, Canada and the relevant province or territory. While each one is unique, these agreements usually include such things as land title, money, wildlife harvesting rights, participation in land, water, wildlife and environmental management as well as measures to promote economic development and protect Aboriginal culture. Some agreements have also included provisions relating to Aboriginal self-government.

How are these agreements implemented?

Implementing these complex agreements is an enduring process that reflects a new relationship among the Aboriginal group, Canada and the relevant province or territory. These parties share responsibility for implementing the agreement – for making sure that what was agreed to is, in fact, done. Before the main agreement is finalized, the parties develop a supporting document called an implementation plan that sets out what must be done, when, how and by whom in order to put the agreement into effect. These plans are managed on the ground by an Implementation Committee that includes representatives from each party. Beyond regular monitoring, these Committees prepare annual reports and undertake five-year reviews of the progress that the parties are making with respect to implementing the agreements and meeting their obligations. Both annual reports and the five-year reviews are made public; if the latter contains recommendations for improvements, an action plan is jointly developed by the Committee to address the findings. While time lines vary, the implementation plans are generally renewed every ten years through negotiations between the parties. Indian and Northern Affairs Canada (INAC) is responsible first for negotiating these agreements and then for monitoring and co-ordinating their implementation on behalf of the Government of Canada.

What is the plan for evaluating the impacts of these agreements all about?

In certain areas of the country, Comprehensive Land Claims Agreements have been in effect for ten years or more. These agreements have reached the stage where impacts can be determined; it’s time to evaluate the impacts that these agreements have had on the people, communities and regions covered by the agreement. To this end, INAC will soon begin to evaluate the impacts of all CLCAs with at least ten years of implementation that are not in or soon to be in renewal negotiations. Because of the number and complexity of CLCAs that could be covered, this evaluation process will take about four years to complete. The research will be conducted by independent firms. Evaluations will consider the unique nature of each agreement and will take into account input from Aboriginal claimant groups as well as provincial/territorial and federal officials involved in the implementation process. This project will be undertaken in a spirit of collaboration with CLCA signatories.

How did this come about?

The evaluation of CLCAs is in keeping with the Government of Canada’s commitment to results-based management and accountability to Canadians. It also responds to recommendations made by the Auditor General as well as calls for such an evaluation from First Nation and Inuit groups with settled comprehensive land claims.

Evaluation is a tool that government regularly uses to assess, in a thorough, balanced and objective manner, the impacts of its programs, policies and initiatives. The research can ultimately help improve program and management practices. Evaluation reports are made public.

What is going to be evaluated?

While annual reports and five-year reviews are done to measure the progress that is being made by the parties to implement CLCAs, the focus of this evaluation process is on the impacts that these agreements have had on the people, communities and regions covered by the agreement. As such, the focus will go beyond the strict legal obligations set out in the CLCAs. The starting point for the evaluation is a framework that was developed with input from Aboriginal claimant groups, provincial/territorial governments, other federal departments and third party stakeholders (ie. industry stakeholders). The framework identified eight anticipated impacts of CLCAs:

• certainty and clarity over land ownership and use of resources;
• Aboriginal participation in decision-making about the use, management and conservation of resources;
• governance structures and intergovernmental relationships;
• stability for investment in the settlement area;
• protection of economic and spiritual relationship between Aboriginal people and the land;
• self-sufficiency and social and cultural well-being for Aboriginal people;
• tools for meaningful participation in the general economy; and
• recognition of Aboriginal cultural values and traditions within Canadian society at large.

It is important to note that CLCAs are only one of many factors affecting Aboriginal communities. Just as it must take into account the uniqueness of each agreement, so the evaluation process will have to take these other influences into consideration.

How many agreements are going to be evaluated?

Twenty CLCAs have been signed to date, of which eleven have been in effect for at least ten years. The focus will be on evaluating the impacts of agreements that have been in place for ten years or more and are not in renewal negotiations. At present, there are five agreements that meet this criteria. These are the Sahtu Dene and Métis Comprehensive Land Claim Agreement, the Gwich’in Comprehensive Land Claim Agreement; the Inuvialuit Final Agreement; the Northeastern Quebec Agreement (Naskapi) and the James Bay and Northern Quebec Agreement and Complementary Agreements (Inuit portion).

There are five other CLCAs that have been in effect for ten or more years, which are currently in negotiations to renew implementation plans. These are the Nunavut Land Claims Agreement, the Vuntut Gwitchin First Nation Final Agreement, the Nacho Nyak Dun First Nation Final Agreement, the Champagne and Aishihik First Nations Final Agreement and the Teslin Tlingit Council Final Agreement. Discussions on implementation issues relating to the James Bay and Northern Quebec Agreement and Complementary Agreements (Cree portion) are also ongoing. Evaluations on the impacts of these six remaining agreements can be considered once these ongoing negotiations and discussions are completed.

How will this process take shape?

The first step in the evaluation process will be an evaluation assessment in 2006-2007, which will involve a thorough review of the data that is available on the impacts of the five agreements. This summer an independent contractor will be hired to do this assessment and to recommend an evaluation methodology as well as which one of the five agreements should be the subject of a pilot evaluation. The pilot evaluation will also be done by an independent contractor and will take place in 2007-2008; the goal of the pilot project is to test the methodology and collect information on the impacts of one CLCA.

Lessons learned from both the assessment and the pilot project will be considered in the planning for evaluation of other CLCAs. Evaluations of the impacts of other CLCAs that have been in effect for ten years and are not in renewal negotiations will take place in 2008-2010.

Will the signatories to the agreements be involved?

Yes. Evaluations will take into account input from Aboriginal claimant groups as well as provincial/territorial and federal officials involved in the implementation process. Representatives from these groups are being invited to sit on an Advisory Committee that will be asked for input at key points in the process – terms of reference, preliminary findings and results. Committee member input will be especially important on sources of information and data about CLCA impacts, so that the research is complete and accurate. The Advisory Committee for the evaluation assessment will include representatives of the signatories to the five CLCAs covered by the assessment. During the next two phases, CLCA signatories will be invited to send a representative to the Advisory Committee for any evaluation activity that covers their agreement. Updates will be provided to all concerned at key points in the process.

Will existing CLCA processes continue while this research is ongoing?

Yes. During the evaluation, Canada will continue to work with its Aboriginal and provincial/ territorial partners through existing processes to develop and implement agreements that are responsive to the different circumstances across the country.

What will be done with the results?

There will be a departmental action plan to address any recommendations that come out of the evaluations. The evaluation reports and action plans will be made public.

As responsibility and accountability for achieving results are shared among the parties who signed the agreement, all parties stand to benefit from this research on the impacts of CLCAs. By the end of the evaluation, all parties will have access to valuable information that can be used to help guide and improve our claims-related processes in the future. The information and knowledge gained through this process may also be used to shape future policy development.

Quick Facts on Comprehensive Land Claims

• The Canadian Constitution recognizes and affirms Aboriginal and treaty rights that now exist or that may be acquired by way of land claim agreements.
  
  
• The Supreme Court of Canada acknowledges the existence of Aboriginal title in Canadian law (Calder case 1973). The legal term “Aboriginal title” recognizes the interest of Aboriginal people in the land. It is based on their longstanding use and occupancy of the land as descendants of the original inhabitants of Canada. Aboriginal title is a communal right held by the Aboriginal collectivity.
  
  
• There are areas in Canada where Aboriginal people’s claims to Aboriginal rights and title have not been dealt with by treaty or in any other legal way. To address the uncertainty associated with Aboriginal rights and title, the comprehensive claims process (or the making of modern treaties) was first established by Canada in 1973. Comprehensive Land Claims Agreements are negotiated based on the concept of providing a clear, certain and long-lasting definition of rights to lands and resources for all Canadians.
  
  
• Since 1973, twenty modern treaties have been negotiated across the country. These treaties (mostly in northern Québec and the three territories) involve over ninety Aboriginal communities with over 70, 000 members. Negotiations are ongoing in approximately sixty processes across the country at various stages of negotiations and levels of activity.

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