B-HQ-01-09(153)

Good morning Ladies and Gentlemen.

As I have said on several occasions, in order to move forward together, we must deal with the grievances of the past. This means finding modern ways to ensure that the benefits that were intended to flow from the historic Peace and Friendship treaties actually do. The process we are here to announce today, is part of our commitment to ensure this vision is realized.

In September 1999, the Supreme Court of Canada confirmed that the Mi'kmaq and Maliseet people of the east coast have treaty rights to hunt, fish and gather to earn a moderate livelihood.

From the outset, I made it clear that my colleague, the Minister of Fisheries and Oceans and I have complementary roles to play in addressing the aspirations of Mi'kmaq and Maliseet people on the east coast, including the full implementation of the Marshall decision, and that we would have both short and long-term goals to pursue.

Minister Dhaliwal is working to expedite and facilitate the immediate participation of the groups affected by the Marshall decision in the commercial fishery. In a moment he will provide his overall plan to deal with the more immediate fisheries aspect related to the Marshall decision.

As Minister of Indian Affairs and Northern Development, it is my responsibility to work on long-term processes to address the broader issues of Aboriginal and treaty rights. Clearly, these are key to a viable economic base for Aboriginal communities. I would like to provide you with an overview of our efforts during the past year and of our upcoming activities.

In my initial meetings with Mi'kmaq and Maliseet leaders in the aftermath of the Marshall decision, they requested that progress be made on urgent issues affecting the standard of living of their communities. They talked about the importance of economic development and increasing the land base of their reserves to address urgent social needs.

To demonstrate my commitment and achieve immediate results, I have increased resources to build more diversified Aboriginal economies both on the east coast and nationally, and to address the shortage of land for the Atlantic First Nations over the next few years.

In addition to addressing these immediate concerns, my officials and I continued our discussions with Aboriginal and provincial partners in the Maritimes and Quebec. Our preferred approach goal is to settle issues of Aboriginal and treaty rights through broad tripartite negotiations tables. Over the past year, I have made progress towards beginning these processes in Atlantic Canada.

One month ago, I reached agreement with the 13 Mi'kmaq Chiefs of Nova Scotia and the government of Nova Scotia to begin negotiations to address issues of Aboriginal and treaty rights. We agreed to appoint our respective Chief Negotiators as soon as possible to begin negotiations towards a Framework Agreement.

Today, I am pleased to announce the appointment of Mr. W. Thomas Molloy to the position of Chief Federal Negotiator. A lawyer with the firm MacPherson Leslie and Tyerman, Mr. Molloy possesses considerable experience and expertise in dealing with Aboriginal issues, having successfully negotiated the Nunavut Agreement and the Nisga'a Treaty in British Columbia.

Mr. Molloy will represent Canada in the broad negotiation process with our Aboriginal and provincial partners in Nova Scotia. This negotiation process will allow the parties to explore issues that are fundamental to their relationship and to eventually reach agreement on the scope and nature of Mi'kmaq rights to land, resources and self-government.

In addition to leading the negotiations in Nova Scotia, Mr. Molloy will be in a position to commence exploratory discussions with the Mi'kmaq and Maliseet of New Brunswick, Prince Edward Island and Quebec. I met with these First Nation leaders one month ago, and I proposed to begin a scoping-out process to get a better understanding of the goals and expectations of each of the parties and to identify areas where progress is possible.

Following these exploratory discussions, I believe that the parties will be in a better position to decide whether to enter into a formal negotiation process. So far, the Mi'kmaq Chiefs of Quebec have responded favourably to this offer and I am still awaiting formal answer from the other Mi'kmaq and Maliseet Chiefs.

I also believe that it will be important to involve our provincial partners in any processes of dialogue. This is an opportunity for all of us to build strong partnerships. All Canadians look to federal, provincial and Aboriginal governments to find and implement solutions to these issues. It will also be critical to take into consideration the needs and interests of all affected third parties and the general public.

We have to be realistic - setting up long term negotiation processes and reaching agreement on all issues of Aboriginal and treaty rights will take time. In the meantime, the federal government must respect the treaty rights of the Mi'kmaq and Maliseet affirmed by the Supreme Court of Canada in the Marshall decision.

Today, my colleague and I are announcing a plan which will allow us to make good progress to address our treaty obligations and to show respect for our treaty relationship.

Over the coming months, Mr. Molloy will work closely with the Fisheries Negotiator appointed by the Minister of Fisheries and Oceans responsible to negotiate immediate access to commercial fishery, consistent with the Marshall decision. Mr. Molloy will also be in a position to explore other practical measures, beyond fishing, with Mi'kmaq and Maliseet groups.

Throughout this process, it will be important to show respect for the longstanding Peace and Friendship Treaties and our continuing Treaty relationship. To this end, I have asked Mr. Molloy to begin consultations with our Aboriginal and provincial partners on the possible creation of Treaty Commission(s) in the Atlantic region to provide a forum for education and discussions on treaty-related issues.

Today, we are building on our success and renewing our commitment to fully implement the Marshall decision and resolving broader Aboriginal issues through dialogue and negotiation. I strongly believe that it is our responsibility - not the role of the courts - to define the relationship between Aboriginal people, governments and Canadians in general. Recently, courts in both New Brunswick and Nova Scotia ruled in cases involving Mi'kmaq and Maliseet rights to access resources. Numerous other cases are continuing to progress through the court system in Atlantic Canada.

I sincerely believe that it is time for all of us to try to reconcile our interests through honourable, respectful and good faith negotiations - I am confident that the plan exposed today will provide us the tools to achieve this goal.

Thank You.

For further information, please contact:

Nancy Pine
Communications Assistant
Office of the Minister
Indian and Northern Affairs Canada
(819) 997-0002

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