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 PSAB

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SPEECH

for

The Honourable Robert D. Nault, P.C., M.P.

Minister of Indian Affairs and Northern Development

on the Initialling of the Land Governance Agreement

National Aboriginal Day
June 21, 2000

Kanesatake, Quebec

Check against delivery


Elders, Grand Chief James Gabriel, Chiefs, Mr. Maldoff, Ladies and Gentlemen.

It is a privilege for me to be able to celebrate the first Aboriginal Day of the new century by marking the initialling of the Land Governance Agreement between the Government of Canada and the Mohawk Council of Kanesatake.

Canada's National Aboriginal Day was established in 1996 to honour First Nations, Inuit and Metis cultures, as well as to recognize the many contributions Aboriginal peoples have made to Canada. We mark the day on June 21 because of the cultural significance of the summer solstice and because many Aboriginal groups already marked this day as a time to celebrate their heritage.

Setting aside a day for Aboriginal peoples marks an important step in the wider recognition of Aboriginal peoples' important place within the fabric of Canada, and of their ongoing contributions as First Peoples.

And it also reminds us that we still have much work to do to build the relationship of respect and justice that Canadians want to establish firmly between Aboriginal and non-Aboriginal people in this country.

This place – Kanesatake – brings that challenge to mind as much as any other place in Canada. It was, after all, only ten years ago that Aboriginal and non-Aboriginal people stood in armed face-off here. It was a painful, front-page reminder that a relationship of justice and respect was far from established among Canadians.

The Land Governance Agreement that is being initialled today is tangible proof of the refusal of leaders to accept failure and their determination to work diligently and make real progress. Today's agreement is a cause for optimism that our leaders can negotiate agreements that will resolve conflicts and build the foundation for developing strong bonds of friendship throughout the region.

I do not want to overestimate the importance of today's ceremony. Much remains to be done. There is a long-standing grievance that we are committed to continuing to address. But the next step is crucial. That is the ratification of the Agreement. The people of Kanesatake must give their approval to an agreement that will create the legal framework for this community to govern its interim land base.

The deep traditions of democratic participation that characterize your history as Mohawks (and from which we have all learned) will now be brought to bear on the Land Governance Agreement. We await your democratic decision.

However, I also do not want to underestimate the importance of this Agreement. The LGA is a milestone in a long process of negotiation in Kanesatake that has resulted in the tripartite policing agreement, the Property Management Agreement, land purchases to enhance the Kanesatake land base, the resolving of grievances related to the Mohawk cemetery and the transfer of administrative control over education to the Mohawks of this community.

The LGA is the latest and most legally significant step in this process of constructive dialogue that has been created between Mohawks and non-Mohawks. It sets the foundation for achieving a lasting resolution of outstanding issues.

By recognizing the Kanesatake land base, we are ending the uncertainty over the application of laws in Kanesatake and enabling Kanesatake to govern its interim land base. The Mohawks will now benefit from having a solid legal foundation on which to adopt their own laws and regulations over land-related matters on their interim land base. In addition, a process is now in place to ensure that certain Kanesatake laws applying to its lands in the village are harmonised with relevant municipal by-laws.

The "Land Governance Code" that the Mohawk Council of Kanesatake is adopting in parallel with the Agreement will ensure that the authority granted by the LGA will be used responsibly and with full accountability.

For the people of Oka and Kanesatake, this Agreement will establish a clear legal and political framework for the settlement of land-use and economic development issues for the benefit of all residents. The legal void that has made land-use issues so contentious in the past will now be filled.

And for all Canadians, the LGA makes clear that in the limited circumstances where jurisdictional conflict might arise, federal laws remain paramount.

This Agreement is the legal foundation for harmony among neighbours and, thus, the cornerstone for development of your entire region.

Driving here today, I saw how beautiful this region is and I sensed the enormous potential for economic and social prosperity that you share as residents of this region. I am convinced that the Land Governance Agreement will prove to be one of the most historically significant steps in realizing that potential.

I think many Canadians will be very pleasantly surprised today to learn what progress has been made since the "Oka Crisis" a decade ago. It is critically important for them to understand that the story behind the headline of a Land Governance Agreement is the story of bold leadership and a new spirit of constructive dialogue in Kanesatake and Oka. These leaders are committed to working together to build a future that is based on civic harmony and mutual respect.

On behalf of the Government of Canada I want to recognize Grand Chief James Gabriel as well as other Council members for what they have accomplished over the last ten years. It should serve as an inspiration to all of us in Canada who seek to build relationships of peace and justice.

I also want to thank Eric Maldoff, whose diligence and creativity representing the Government of Canada in these negotiations have been exemplary. We owe you our respect and our gratitude.

I also would like to congratulate Mayor Patry of Oka and his colleagues on Municipal Council's willingness to pursue discussions related to the harmonization of its land-use and construction laws applying to lots in the village with those of Kanesatake. This is another example of courageous leadership in the region, one which promises to lead to an enduring rapprochement.

Ladies and Gentlemen, the Land Governance Agreement is a significant example of the progress that Canada has made in addressing aboriginal issues in Quebec and Canada over the past decade. These issues are at the heart of our country's fundamental challenge to build a future of harmony and justice for all citizens of all backgrounds.

From the Mohawks, we learn that the best political decisions are those that are made when we consider the consequences of our actions for the next seven generations. And by that rigorous and wise standard, I trust that the people of Kanesatake and the Parliament of Canada will recognize that the Agreement initialled today is a necessary cornerstone for a future of respect, peace and prosperity in this place.

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