Treaty Negotiations Will Bring Better Understanding

ABORIGINAL AFFAIRS--Treaty Negotiations Will Bring Better Understanding

The following is a feature article on the June 7 signing of an umbrella agreement.

It was the early 1700s when the ancestors of Nova Scotia's Mi'kmaq signed treaties of peace, friendship and trade. Now, more than 250 years later, another signing has begun discussions to clarify and modernize the details of the old treaties and to deal with other issues related to Aboriginal rights that weren't addressed by the treaties.

An umbrella agreement was signed June 7 in Halifax by Michael Baker, Minister responsible for Aboriginal Affairs, on behalf of the province; Robert Nault, Minister of Indian and Northern Affairs, on behalf of the federal government; and the chiefs of the province's 13 Mi'kmaq communities. Nova Scotia's Aboriginal population includes 12,500 status Mi'kmaq.

The treaty negotiations will begin a lengthy and challenging process that has one goal: to bring clarity and resolution to issues that currently divide Nova Scotians. The results will bring new light to the province's relationship with Aboriginal people and benefit all Nova Scotians.

"We're looking forward to the province, the federal government and the First Nations working together to form an agreement," said Mr. Baker. "We'll look at what other provinces have done in their negotiations but, ultimately, we'll do what's best for this province."

The current treaty does not address the political, economic, fiscal and social realities of today. It doesn't deal with the various issues that have resulted in disputes and court battles.

"The court system can only follow the law -- it cannot make deals," said Mr. Baker. "It's in everyone's best interest to resolve disputes and misunderstandings through these discussions and not in court."

The negotiations resulting from the umbrella agreement will be comprehensive and will deal with many issues. Quick resolutions cannot be expected. For example, the 1975 negotiations in Quebec and Ontario regarding James Bay took two years and resulted in a 250,000-word document. While the negotiations were completed relatively quickly, more than 100 court cases and 14 supplementary agreements to clarify the wording have followed. Nova Scotia wants to avoid a similar outcome and will take the time now to ensure a clear understanding by all.

Many know how it feels when difficult family or work matters remain unresolved, when there are more arguments than agreements. Relationships suffer. In Nova Scotia, small-business owners, large industrial companies, Mi'kmaq communities, average citizens and many others are hampered by the uncertainty around aboriginal issues. The negotiated treaty will result in more clearly understood rights, for all Nova Scotia Mi'kmaq and all Nova Scotians.

In past negotiations in other jurisdictions, the issues on the table have included resources, fisheries, cultural issues, governance and land base. Only when the parties begin negotiations and determine the topics to be negotiated, will specifics be known. However, Mr. Baker said that private land will not be discussed.

The completion of these negotiations will bring peace of mind to Nova Scotians who worry about encountering logging roadblocks or the confrontations experienced in Burnt Church, N.B.

"Such episodes have not been the case in Nova Scotia, and we want to keep it that way," said Mr. Baker. "When we all have the same understanding of our rights, these confrontations will grow less likely."

It is hoped that the resulting agreement will end uncertainty about rights to land and livelihood. Clearly understood rights will also bring peace of mind to investors in the province. Potential obstacles can make investors apprehensive about setting up shop in a province. With negotiations complete, the possibility of unclear Mi'kmaq rights affecting investors' decisions is less likely.

It is possible that as a result of negotiations, communities near the reserves will benefit from economic spin-off. In past negotiations, reserves have received a financial settlement. As most reserves are in rural areas, the impact from that funding has benefitted neighbouring municipalities.

The negotiation process will begin with the development of a framework agreement that will outline how the process will work and determine the issues to be negotiated. After the framework agreement is in place, the parties will begin negotiating the substantive issues. This is the lengthy and challenging stage. Once the parties have reached agreement in principal on these issues, the issues will be submitted for final approval by the province, federal government and a representative of the Mi'kmaq.

The framework agreement will also specify how the three parties intend to keep Nova Scotians informed and provide opportunities for input throughout the negotiations. It's the government's goal that the provincial economy and lives of Nova Scotians not be disrupted as a result of any signed agreement.

Mr. Baker said the process will take several years but it's necessary.

"The more comprehensive the negotiations are, the better the results," he said. "The negotiated agreement will be made in Nova Scotia and designed to benefit all."