The Made-in-Nova Scotia Process

The Made-in-Nova Scotia Process
Twila Gaudet, Consultation Liasion Officer
& Jennifer MacGillivary, Benefits Officer
oneNS Coalition
Millbrook, NS
February 10, 2015
Who is Kwilmu’kw Maw-klusuaqn Negotiation Office?
The Mi'kmaq Rights Initiative/ Kwilmu’kw Maw-klusuaqn Negotiation Office
(KMKNO) is the negotiations between the Mi'kmaq of Nova Scotia, the Province of
Nova Scotia and the Government of Canada.
The Initiative was developed by the Mi'kmaq, for the Mi'kmaq. Through these
negotiations, we hope to finally implement our Rights from the
Treaties signed by our ancestors in the 1700‘s.
KMKNO has a Lead Negotiator, along with one senior Mi'kmaq Advisor and a staff
of approximately 18 people who research archaeology, benefits, citizenship,
consultation, energy, fisheries, governance, lands, and moose management.
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KMKNO Mission Statement:
The Mission of Kwilmu'kw Maw-klusuaqn Negotiation Office is to address the historic
and current imbalances in the relationship between Mi'kmaq and non-Mi'kmaq people in
Nova Scotia and secure the basis for an improved quality of Mi'kmaq life. KMKNO will
undertake the necessary research, develop consensus positions on identified issues, and
create public and community awareness in a manner that supports the ability of the
Assembly to fully guide the negotiations and the implementation and exercise of
constitutionally protected Mi'kmaq Rights. KMKNO is committed to moving forward at a
pace determined by the Mi'kmaq themselves, and to balancing individual First Nations
autonomy with the collective Mi'kmaq identity, governance and decision making required
to re-institute Mi'kmaq ways of operating.
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The Assembly of NS Mi’kmaq Chiefs
• Comprised of all 13 NS Mi'kmaq Chiefs and other ex-officio members that
include the Grand Chief, Grand Keptin, two District Chiefs and the AFN
Regional Chief.
• All consultation and negotiations decisions and directions are obtained at this
level
• Meets on a regular basis, often monthly
• Allows the Chiefs to meet, discuss and debate Mi'kmaq Rights and Title and any
other general policy issues/challenges that may affect them.
• Community questions and concerns are brought to the Assembly by the Chief
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Five Pillars of Mi’kmaq Values
• Created to layout the Vision, Mission and Values that would guide the
negotiation process, once the Framework Agreement was signed.
• With the use of planning exercises in 2004 and 2006, the Mi'kmaq Leadership
developed and decided upon the vision, mission and five pillars that guided
and assisted the Negotiation Team and the Negotiation Office.
• These Values or Goals guided the Negotiation Process while the Framework
Agreement was being reviewed and approved.
• The Five Pillar document became one of the most important guiding
mainstays of the negotiation process.
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Five Pillars…
1. To achieve recognition, acceptance and implementation and
protection of treaty, title and other rights of the Mi’kmaq in NS;
2. To develop systems of Mi’kmaq governance and resource
management;
3. To revive, promote and protect a healthy Mi’kmaq identity;
4. To obtain the basis for a shared economy and social development;
and
5. To negotiate toward these goals with community involvement and
support.
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Umbrella Agreement
• Signed in June 2002
• Confirms that all three parties (Nova Scotia, Canada and the
Mi'kmaq of Nova Scotia) are willing to enter into discussions
regarding the definition, recognition and implementation of
Mi'kmaq Rights, as well as the Terms of Reference for a
consultation process
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Mi’kmaq-NS-Canada Framework Agreement
• Began in late 2003. Signed on February 23, 2007.
• Outlines the entire negotiation process; the types of things that will be negotiated; what
we hope to achieve; the procedures and timelines.
• Mi'kmaq Rights and land Title is protected during the negotiation through the legal
clauses that ensure rights will not be prejudiced.
• During the negotiation, research and meetings with the Mi'kmaq communities will occur.
• Through the research component, the KMKNO will research a variety of options and
approaches to current treaty issues such as land claims and self-governance, along with
seeking direct input and directions from Mi'kmaq people.
• The Chiefs will ensure that their Councils and communities are in agreement about the
issues.
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Consultation Terms of Reference
In 2004 and 2005, the Supreme Court of Canada (SCC) handed down three landmark
decisions that found the Crown (provincial and federal) has a duty to consult with
Aboriginal peoples regarding decisions or taking actions that might adversely affect their
established or potential Aboriginal rights and treaty rights (Haida and Taku, 2004, Mikisew
Cree,2005).
It was prior to the Supreme Court decisions, the governments of Nova Scotia and Canada,
and the Mi'kmaq had agreed to develop a Consultation Terms of Reference (TOR) that
would clearly lay out a process for Crown consultation with the Mi'kmaq. Through the TOR
roles, responsibilities, actions and process were defined and agreed upon by all three parties.
In 2007, through KMKNO, a Consultation Liaison Officer and Mi’kmaq Consultation
Researcher were hired to coordinate the Assembly’s many consultation requests.
Consultation Terms of Reference
• Ratified August 31st, 2010
• Approximately 300 Consultation files
• Broad scope of projects, policies, strategies
• Various stages of development
• Established Consultation Tables (Energy, Mining, Fisheries, Lands)
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Consultation Terms of Reference
Positive Aspects:
• Unique in its Development and Implementation
• Commitment from 3 parties
• Formal On –the – Record Process
• Bringing Mi’kmaq Concerns to Various Government Departments
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Consultation Terms of Reference
Challenges:
• Consultation Funding
• Failure to consistently follow the TOR (DFO)
• Archaeological concerns
• Reactive Process – Time gaps and Legislative Timeframes
• Communications and Education process
Consultation Terms of Reference
Accomplishments:
• Monetary compensation for failure to consult
• Improved procedures and protocol with depts
• Mi’kmaq Renewable Energy Strategy, Energy Advisor, and Mi’kmaq Efficiency
Program
• Projects abandoned, boundaries changed and plans revised
• Improved archaeology
• Partnerships developed
• Lands set aside exclusively for the Mi’kmaq (Irving, 12%, Bowater)
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Benefits from Projects for NS Mi’kmaq
•Mi’kmaq assertion to Rights and Title to all lands and resources in the province
•Expectation from the Assembly for inclusion and partnerships for all major
initiatives in Nova Scotia
•Development of MoU’s – funding to participate in projects
•Negotiation of IBA’s – issues include training, apprenticeships, employment,
procurement, business development, archaeology, revenue sharing
•Lack of support provincially and federally present challenges – no requirement
to work with Mi’kmaq
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Successes To-Date
•MRED Fund - Major Resource Energy Development Fund
•$2 m from province (partial accommodation due to consultation breach), $3
m from federal - Investment in Mi’kmaq Energy projects
•Encana Fund
•$5 m accommodation from Encana related to Deep Panuke
•Assembly administers the fund
•Funding for projects
•MoU’s
•Precursor to IBA
•Several signed
•Include funding for Assembly
• IBA’s
• Several being negotiated
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Mi’kmaq as Partners
•Demographics – 2006 Census
• 25% of the working age Aboriginal population was aged 15 – 24, 16% in nonAboriginal
•In NS median age of 25.4 vs 41.6
•NS is home to more than 24,000 Aboriginals
•700 self-employed Aboriginals in Nova Scotia
•Aboriginals rely more on public sector and less on private sector for
employment
•Unemployment 60.4% nationally for First Nations people – in NS on reserves it
ranges from 7% to 40%
•NS Mi’kmaq are an untapped and unsupported resource for Provincial success
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Wela’lioq - Thank You
Questions?
Twila – twilagaudet@mikmaqrights.com
Jen – jmacgillivary@mikmaqrights.com
902-843-3880
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