Inuit South of 60 Settlement Efforts

Transcription

1 Inuit South of 60 Settlement Efforts Presented to Hudson s Bay Regional Roundtable March 30, 2017

2 Overview 2

3 Since 2010, Manitoba (led by IMR) has been engaged in without prejudice negotiations with the Inuit to settle outstanding rights in northeast Manitoba related to lands, resource harvesting and resource management. These efforts stem from Article 42 of the Nunavut Land Claims Agreement (NLCA), These negotiations have included participation/observation from the Manitoba Dene, Canada and Nunavut. Manitoba will conduct Crown-Consultations with First Nation, Inuit and other Aboriginal communities on the proposed South of 60 settlement agreement. Any final settlement with the Inuit will require provincial Cabinet approval. An Agreement-in-Principle (AIP) was signed by Manitoba, the Inuit and the Dene on January 18, 2016, and includes four components. 3

4 Background 4

5 The Inuit are seeking settlement of claims for Aboriginal title and harvesting rights and interests in northern Manitoba from a modern-day Treaty perspective, to include terms agreed with the Manitoba Dene in the 2005 Overlap Accord and principles of the framework applied in the 1993 Nunavut Land Claim Agreement (NLCA). The Inuit are represented by two organizations: the Nunavut Tunngavik Inc. (NTI) and the Kivalliq Inuit Association (KIA). The NTI is the national organization and the KIA is one of three regional associations in Nunavut. The NLCA resolved claims by the Inuit north of 60 but does not resolve their claims in Manitoba The Inuit and the MB Dene developed the Overlap Accord which intended to resolve equitable overlap issues between the Inuit in Nunavut and the Dene in Manitoba. Manitoba, Canada and Nunavut were not party to this Accord. The Overlap Accord included; management of lands, wildlife, lands and water resources, equivalent harvesting rights, equivalent amounts of land, ownership of sensitive sites. 5

6 2005 Manitoba received internal direction to participate in a working group. This group was established for purposes of discussing with Canada, the Manitoba Denesuline and the Inuit the issues raised in the Overlap Accord The Inuit presented Manitoba with their document Inuit Use and Occupation of Land in Northern Manitoba The Inuit presented Manitoba with an overview of their interests in Northern Manitoba including: Defined Inuit Settlement Area; Land; Potential road and hydroelectric corridor; Harvesting rights; Natural resource management; Economic rent; and Financial compensation. 6

7 Manitoba received Cabinet approval for a negotiation mandate with the Inuit. This mandate included: Specific parcels of land of modest size by permit or fee simple; and Hunting and resource use rights by at least some Inuit people in a defined area in Manitoba adjacent to the Hudson Bay. 1. The negotiations will be designed to result in a written settlement agreement between Manitoba and the Inuit parties and to which the Government of Canada may be a party. 2. The Government of Manitoba s negotiating team consists of representatives from Manitoba Aboriginal and Northern Affairs, Manitoba Conservation and Manitoba Justice. 3. Any negotiated settlement agreement will require the approval of Cabinet. 7

8 2010 to present Manitoba (led by IMR) has and continues to meet in without prejudice negotiations with the Inuit on the recognition of rights (lands, harvesting and resource management) within the Kivahiktuq Settlement Area (KSA). The KSA is an area in northeast Manitoba that is approximately seven million acres in size. 8

9 Lands Component 9

10 Based on an Inuit land proposal (December 2011) MAP Proposed selections for Inuit ownership - 12 parcels (pink) Inuit proposed protected area (red dotted area along coast) Map also shows the proposed road corridor (blue) Inuit South of 60 10

11 The Working Group has been meeting regularly to discuss lands since In December 2011, the Inuit provided Manitoba with their lands proposal that included 213,000 Crown acres (12 parcels) in fee simple and a proposed protected area (359,000 acres). Manitoba has agreed to provide the 12 land parcels (up to 213,000 acres) to the Inuit in a form of fee simple. The Inuit intend on sharing some of these parcels with the Manitoba Dene in return for the Manitoba Dene sharing their lands (part of North of 60 claim) in Nunavut with the Inuit in accordance with the Overlap Accord. The Inuit have requested and Manitoba has agreed to provide mines and mineral rights for these parcels. 11

12 The Inuit proposed an area along the Hudson Bay coast known as the Kivahiktuq Protected Area. Manitoba is in favor of a protected area and is currently working with the Inuit on details. This area is being considered to be closed to mining, forestry or oil, gas or hydro-electric infrastructure development. Portions of this area may be considered for designation under Manitoba s Protected Areas Initiative. Six of the parcels are encumbered by 14 various third party interests (TPIs) such as remote cottages, outcamps, trappers cabins, etc. The remaining parcels have no apparent interests. These TPIs will likely be excluded from identified land parcels. Three major waterways (Seal River, North Knife River and Caribou River) will be excluded from the land parcels. Manitoba will be conducting Section 35 Crown-Aboriginal Consultations with First Nations, Inuit and Other Aboriginal communities. 12

13 Resource Harvesting Component 13

14 The Working Group has been meeting regularly since 2010 in Winnipeg to discuss Inuit harvesting rights in the area west of Hudson Bay, being the proposed Kivahiktuq Settlement Area (KSA). As noted in the Inuit Land Use and Occupancy Study, the Inuit have historically harvested in this area. Because of the traditional use of lands in the proposed KSA, there is a substantial likelihood that the Inuit would be determined to hold Aboriginal harvesting Rights and other Aboriginal Rights in the KSA. These rights may be exercised by Inuit people as recognized and affirmed under s. 35 of the Constitution Act, A draft Resource Harvesting article was developed by the parties in the Working Group (including the Inuit, Manitoba and Canada). The Article provides for the formalization of Inuit harvesting rights in the KSA in Manitoba.

15 The Inuit have advised Manitoba of their Aborginal right to hunt, trap and fish for food on unoccupied Crown lands and other lands to which they have a right of access in the KSA in Manitoba. The Inuit who choose to exercise this right shall be; (a) resident in Kivalliq or in the KSA; (b) enrolled under s.35 of the NLCA in respect of a community in Kivalliq or in the KSA; or (c) designated by the Kivalliq Wildlife Board as possessing that right. Inuit who are exercising the right shall carry with them evidence in writing that they are the holders of the right, which may include: evidence of residence in Kivalliq or the KSA; an enrolment card under the NLCA showing a community in the KSA; the proof of designation provided by the Kivalliq Wildlife Board. 15

16 Manitoba and the Inuit are committed to the management of the Western Hudson polar bear sub-population. Both parties agreed that the Resource Management Board (RMB) would address polar bear management issues in the KSA and adjacent to the KSA. Polar bear research has been and continues to occur along the Hudson Bay coast near the Hayes River by the York Factory RMB, Fox Lake RMB and provincial wildlife staff. 16

17 Resource Management Component 17

18 The Working Group has been meeting regularly since 2010 in Winnipeg to discuss Resource Management. A draft Resource Management Agreement was developed by the parties (the Inuit, Manitoba, Manitoba Dene and Canada) in This draft Agreement includes consideration for Resource Co-management including a proposed Resource Management Area (RMA) of approximately 16.8 million acres which would have three distinct regions (Denesuline District, Kivahiktuq District and Churchill Districts). This will be the largest RMA in the province and will include membership from the Inuit, the Manitoba Dene and Manitoba. A Resource Management Board (RMB) would operate similar to existing Boards, for example under the Northern Flood Agreement (NFA) and Grand Rapids Forebay (GRF) Agreements. The Boards co-manage the natural resources including the joint review of provincial allocations / dispositions and conduct land use and resource management planning. 18

19 Inuit South of 60 19

20 Currently, there are nine Resource Management Boards (RMBs) in Manitoba that are coordinated by Manitoba Aboriginal and Northern Affairs (ANA). These include: 1. Cedar Lake (2006) 2. Cormorant (1998) 3. Cross Lake (2010) 4. Fox Lake (2005) 5. Moose Lake (2008) 6. Nelson House (1996) 7. Norway House (1998) 8. Split Lake (1992) 9. York Factory (1996) DRAFT for discussion purposes only Inuit South of 60 settlement efforts 20

21 Current Status: Agreement in Principle An Agreement-in-Principle (AIP) was signed by Manitoba, the Inuit and the Dene on January 18, 2016, and includes four components: Draft Kivahiktuq Agreement, involving Canada, Manitoba and the Inuit Draft Three-Party (Inuit, Dene, Manitoba) Agreement Draft Consultation Waiver Draft Resource Management Agreement The AIP acknowledged that the parties would seek to conclude those agreements, including Crown consultation with other affected Aboriginal peoples. The agreements would all be subject to final approval by each of the parties 21

22 Dene North of 60 22

23 In March 1993, the Manitoba Dene (Northlands Dene and Sayisi Dene) filed a Statement of Claim in Federal Court, seeking to have portions of the Nunavut Land Claims Agreement (NLCA) renegotiated to protect Manitoba Dene rights. In July 1999, Canada signed a formal Memorandum of Understanding agreeing to enter into out of court settlement negotiations for the recognition of Manitoba Dene rights north of 60. Since then, Canada and the Manitoba Dene have been negotiating on components including the provision of lands: 4.6 million acres in Nunavut 395,000 acres in NWT These lands will be shared with the Inuit and the Athabasca Dene (Saskatchewan) in accordance with the Overlap Accord. 23

24 Canada, the MB Dene and the Inuit would like to conclude the settlement of these Agreements (North and South of 60 ) soon. The Inuit and MB Dene view the North of 60 and South of 60 negotiations as being linked in accordance with the terms of their 2005 Overlap Accord. Manitoba, Canada and the Government of Nunavut were not signatory to the Overlap Accord. 24

25 Considerations Manitoba will conduct Crown-Aboriginal consultations with First Nation and Aboriginal communities on the contents of a proposed final South of 60º settlement agreement. All three components: lands, resource harvesting and resource management will form parts of the final settlement agreement involving the Inuit, Manitoba and Canada. Cabinet approval is required by Manitoba for a final settlement agreement. The settlement agreement will resolve the Inuit claims to Aboriginal Rights and title in Manitoba. Manitoba will receive a release and indemnity from the Inuit. 25

26 Questions? For more information please contact: Dave Hicks, Director Agreements Management & Aboriginal Consultations Branch Ph# (204)