Negotiation Process

What will the negotiation processes look like in the Maritimes and Gaspé?

What are we doing?

The Government of Canada has mandates to establish negotiation processes to address Aboriginal and treaty rights in Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé region of Quebec.

In Nova Scotia, the Parties began Framework Agreement negotiations under the "Made-in-Nova Scotia Process" in November 2003. In the Gaspé region of Quebec, self-government and related negotiations have begun with the Mi'kmaq. In New Brunswick and Prince Edward Island, exploratory discussions are proceeding as a prelude to developing Framework Agreements.

A Framework Agreement sets out the basis for negotiations, including the subjects to be negotiated. It is a road map of how the parties agree to move towards an agreement. Some of the areas that are typically covered in a Framework Agreement include a timetable, list of issues to discuss and a process for reaching an agreement.

• Who will be involved in negotiations?
• How will the Mi'kmaq and Maliseet be represented in negotiations?
• What will the negotiation processes look like?
• What issues are going to be discussed?

Who will be involved in negotiations?

Negotiations generally involve three parties: the Government of Canada, the provincial government and the First Nations group. Each party is represented by a negotiation team. It's Canada's preference to have one main negotiation table in each province.

Because most lands and resources issues fall under provincial jurisdiction, the participation of the provincial government in the negotiation of Aboriginal and treaty rights is strongly encouraged. Provincial participation is necessary for any negotiations involving areas of provincial jurisdiction or provincial lands and resources.

How will the Mi'kmaq and Maliseet be represented in negotiations?

Canada wants these negotiations to be inclusive and will work with the other parties to ensure that as many potential beneficiaries are represented in these processes as possible to address both Aboriginal and treaty rights.

There are 34 Mi'kmaq and Maliseet First Nations in Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé region of Quebec who are potentially affected by the Marshall decision. The Peace and Friendship Treaties were signed by groups of Mi'kmaq and Maliseet before the concept of "bands" was introduced by the Indian Act in 1876. Today, Canada views Mi'kmaq and Maliseet bands as the modern day successors of the original groups that signed the treaties. Canada will continue to encourage First Nations to work with other Aboriginal groups to try to ensure an inclusive process which can address both Aboriginal and treaty rights.

What will the negotiation processes look like?

In each region, the negotiation process will deal with Aboriginal and treaty rights, including Aboriginal title, and will be designed around the circumstances, needs and interests of all involved parties. As a preliminary step, Canada believes that exploratory discussions are helpful for the parties to exchange views and determine if there is enough common ground to proceed.

Typically, after these discussions, the parties might begin to set out the basis for negotiations, including subjects to be negotiated, in some sort of framework.

What issues are going to be discussed?

It is up to the parties to identify the topics for discussion. For example, the Government of Canada can propose subject matters that fall within federal jurisdiction such as fish, National Parks, migratory birds and federal Crown lands.