Questions and Answers

• How is the situation in the Maritimes and Gaspé with the Mi'kmaq and Maliseet different from other parts of Canada?
• Who is the Chief Federal Negotiator?
• What is in the Chief Federal Negotiator's mandate to negotiate?
• How long will it take to negotiate these agreements?
• How much will the negotiations cost?
• How will the interests of third parties and the general public be taken into account in these negotiations processes?
• For example, what might be negotiated as part of one of these agreements?
• What areas of self-government could be negotiated, If the parties identify it as a topic?
• How will the agreement be ratified?
• What happens to the treaties once a new long-term agreement is negotiated?
• What is a framework agreement?

How is the situation in the Maritimes and Gaspé with the Mi'kmaq and Maliseet different from other parts of Canada?

The Supreme Court of Canada confirmed that Mi'kmaq and Maliseet First Nations continue to have treaty rights to hunt, fish and gather to earn a moderate livelihood. These treaty rights must be implemented. Along with these treaty rights, First Nations maintain that they continue to hold Aboriginal rights and title throughout their traditional territory. This creates a special situation unlike any other found in Canada. There is no model or generic approach to follow on how to proceed in these negotiations. All parties must be prepared to consider how to devise a negotiation process which meets everyone's circumstances, needs and interests.

Who is the Chief Federal Negotiator?

Mr. Tom Molloy has been appointed to represent Canada as Chief Federal Negotiator. A lawyer from Saskatchewan, Tom has considerable experience and expertise in dealing with Aboriginal issues. He has successfully negotiated the Nunavut Land Claim Agreement and the Nisga'a Treaty in British Columbia.

What is in the Chief Federal Negotiator's mandate to negotiate?

The Chief Federal Negotiator currently has a mandate to enter into Framework Agreement negotiations with respect to outstanding issues of Aboriginal and treaty rights with Mi'kmaq and Maliseet First Nations and provincial governments in Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé region of Quebec.

The Chief Federal Negotiator's mandate does not limit what subjects may be negotiated. It is up to the parties to agree on subject matters for negotiation. Generally, the areas of federal jurisdiction which are open for negotiation include, fish, National Parks, migratory birds and federal Crown lands.

How long will it take to negotiate these agreements?

We have to be realistic - setting up long-term negotiation processes and reaching agreements on issues of Aboriginal and treaty rights will take time. Entering into a negotiation process is a long-term commitment. It is impossible to say how long it will take, except that it is important to take the time and care necessary to develop approaches and agreements that will work and stand the test of time.

How much will the negotiations cost?

It is too early to estimate how much these agreements may cost. Canada will strive for agreements that are affordable and cost-effective and that result in stronger, more self-sufficient Mi'kmaq and Maliseet First Nations who are able to participate fully in their regional and provincial economies.

How will the interests of third parties and the general public be taken into account in these negotiations processes?

The specific approach to ensure that the public is informed and has an opportunity to provide input will be finalized as part of the Framework Agreement negotiations.

For example, what might be negotiated as part of one of these agreements?

The rights and benefits set out in these agreements may include, but are not limited to:

• ownership of certain lands;
• wildlife harvesting rights;
• participation in land, water, wildlife, and environmental management in specific areas;
• financial payments;
• role in managing heritage resources and parks in the area;
• resource revenue sharing;
• self-government; and,
• measures to participate in the economy.

What areas of self-government could be negotiated, If the parties identify it as a topic?

Self-government agreements focus on areas internal to Aboriginal communities and important to their unique cultures, traditions and languages. This could include areas such as health care, child and family welfare, education, policing and administration of justice or housing. With self-government, Aboriginal people have greater control over decisions affecting their communities. Self-government agreements can help create a more positive and stable environment for investment and growth for these and neighbouring communities.

How will agreements be ratified?

During negotiations, each of the parties must ratify agreements before they are signed. Generally, for Canada this means the Chief Federal Negotiator must go to Cabinet for approval of the Framework Agreement, Agreement-in-Principle, as well as the Final Agreement, although the exact process to be followed in the Maritimes and Gaspé has yet to be determined.

What happens to the treaties once a new long-term agreement is negotiated?

This will be up to the parties to determine through negotiations. Section 35 of the Canadian Constitution recognizes and affirms existing Aboriginal and treaty rights and this includes the Peace and Friendship Treaties signed in the Maritimes and Gaspé region of Quebec. Negotiations will respect the Peace and Friendship Treaties.

What is a framework agreement?

Usually, the first step in negotiations sets out the basis for negotiations, including the subjects to be negotiated, in some sort of framework. A Framework Agreement 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. All of the parties must approve and sign the Framework Agreement. For Canada, this means that the federal Cabinet must review and approve the document. At that time, a mandate is received for the next stage of negotiations.