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LAND CLAIMS BACKGROUNDERS

BACKGROUNDER #1
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Senior officials of the federal and provincial governments and the LIA have reached agreement on major outstanding issues that will serve to facilitate the completion of an Agreement-in-Principle. The agreed Negotiators' Text includes the following elements.

1) Land Regime

The Agreement sets out two categories of land affecting a total of 28,000 square miles in northern Labrador:

(a) Labrador Inuit Lands (LIL) - Labrador Inuit will receive surface title to 6,100 square miles of land where Inuit will enjoy a substantial package of rights and benefits including exclusive harvesting rights and control of new developments.

(b) Labrador Inuit Settlement Area (LISA) - This area comprises a total of 21,900 square miles and will include the proposed Torngat Mountains National Park of approximately 3,000 square miles. Within LISA, Labrador Inuit will enjoy, among other rights and benefits, priority subsistence harvesting rights and the right to participate with governments in the management of wildlife, fish, plants and environmental assessment. Labrador Inuit will also enjoy rights and benefits in a marine area of approximately 17,000 square miles which will extend to the 12 miles limit.

 

2) Resource Royalty Sharing

(a) Labrador Inuit Lands

Labrador Inuit will receive 25 per cent of provincial resource revenues from mining, oil and gas, and quarry developments in LIL.

(b) Labrador Inuit Settlement Area outside Labrador Inuit Lands

Labrador Inuit will receive $1 million of the first $2 million of provincial resource royalties plus five per cent of remaining provincial resource royalties from mining, oil and gas, and quarry developments in LISA outside LIL.

3) Voisey's Bay Project

Labrador Inuit will receive three per cent of provincial resource royalties from the Voisey's Bay project. LIA has committed to use best efforts to conclude an IIBA with the Voisey's Bay Nickel Company.

4) Inuit Impact and Benefit Agreements (IIBA's)

IIBA's which are to be negotiated between a developer and Labrador Inuit will be compulsory for developments on LIL and for major developments in LISA outside LIL. A major development is any development that entails capital expenditures of $40 milllion or 150 person years of employment in any five year period.

5) Cash

The federal government will provide Labrador Inuit with $140 million in cash and up to $115 million in dedicated funds to be used for such things as fisheries, economic development and general implementation.

6) Self-Government

Agreement has been reached on Inuit Community Governance which guarantees Inuit political control over the communities of Nain, Hopedale, Makkovik, Postville and Rigolet while protecting the political rights of non-Inuit residents of the communities. Inuit and existing non-Inuit residents, at the date of the Agreement-in-Principle, will be guaranteed at least 75 per cent of all council seats in each of the five Inuit communities. Up to 25 per cent of council seats, but no less than one, will be set aside for new non-Inuit residents who take up residence after the date of Agreement-in-Principle.

Negotiation of other aspects of self-government including the law making powers of the Inuit Government, provision of programs and services to Inuit, and funding of the Inuit Government will be concluded prior to the Final Agreement.

 

BACKGROUNDER #2
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A comprehensive land claim agreement is a modern treaty which provides Aboriginal groups with a wide range of land and resource rights and benefits. Negotiated agreements provide a defined package of treaty rights and benefits which receive constitutional protection.

Comprehensive land claims negotiations proceed through a series of stages: Framework Agreement; Agreement-in-Principle; Final Agreement and Implementation. In November 1990 the federal and provincial governments and the Labrador Inuit Association (LIA) satisfied the first stage with the signing of a Framework Agreement which set out the process and subjects for negotiation.

The provincial government's objective in negotiating comprehensive land claim agreements is to achieve certain and final settlement of Aboriginal claims to territory within the Province. Certainty as to the ownership of lands and how such lands are to be managed will provide a more stable environment for development and investment. It is government's position that final settlement will be achieved by defining Labrador Inuit rights and benefits in a land claim agreement, in exchange for the release of all Labrador Inuit claims to provincial lands and resources. Settlement of the land claim is necessary to provide for the long term economic and social development of the province, and contribute to the economic, social and cultural development of Labrador Inuit claimants. Negotiations are intended to accommodate the interests of Labrador Inuit, governments and third parties.

Negotiations to reach an Agreement-in-Principle commenced in December 1990 with a plan to complete this stage by the end of 1994. Progress was very slow. In an attempt to accelerate the process, the Province and the LIA agreed to exchange comprehensive proposals in 1993. Although this exchange of proposals did provide the parties with a better understanding of their respective positions on all subjects, it did not result in the desired acceleration of the negotiation process.

The prospect of a major mine development at Voisey's Bay prompted the parties to again focus on the importance of achieving an Agreement-in-Principle as quickly as possible. In fact, the LIA have taken the position that the Voisey's Bay INCO project cannot proceed prior to achievement of an Agreement-in-Principle.

In July 1996 Premier Brian Tobin, President of the LIA and the Minister of Indian Affairs and Northern Development agreed to fast-track negotiations. Parties agreed to centralize negotiations in St. John's and work towards a March 31, 1997 target date.

Meetings of senior officials from all three parties were held in Ottawa from October 20-29, 1997. These meetings resulted in a basis for an Agreement-in-Principle, which was ratified by all three parties. From there, the lawyers, financial experts and land claims specialists will work toward a finalized Agreement-in-Principle.

BACKGROUNDER #3
INNU NATION LAND CLAIM NEGOTIATIONS
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• The Innu Nation first filed their land claim with the Government of Canada in November of 1977. There was insufficient historical and land use documentation at that time in support of their claim so the federal government provided financial support to the Innu to research and complete the necessary documentation. This was submitted and accepted by both governments in October of 1990.

• Framework negotiations began with the Innu in July of 1991.

• While a Framework Agreement was officially signed by the three parties (Innu Nation, Canada and Newfoundland) at a ceremony in St. John's on March 29, 1996, substantive negotiation of an Agreement-in-Principle (AIP) had already commenced in mid-1995.

• The Innu Nation and both governments have also agreed to negotiate comprehensive self-government arrangements. A Framework Agreement to this effect was signed on February 27, 1997. These negotiations are being conducted concurrently with the Innu land claim negotiations.

• In general, the negotiating sessions last a full week with the first two days set aside for the negotiation of self-government and the next three days spent on land claim issues. The parties spend the next two to three weeks in preparation for the next week long session. Drafts and other discussion papers are also often exchanged in between formal sessions at the negotiating table.

• A work plan has been established by the three parties which anticipates an AIP on land claim settlement in the fall of 1999 and an AIP on Innu self-government about nine months later.

• Preliminary discussions between government officials and the Innu Nation to establish a fast-track negotiating process on this land claim have occurred.