May 10, 1999
(Executive Council)

Labrador Inuit Land Claims Agreement in Principle initialled

Representatives of the Government of Newfoundland and Labrador, the Government of Canada, and the Labrador Inuit Association (LIA) today initialled the Labrador Inuit Land Claims Agreement in Principle.

"This is an historic day for the people of Newfoundland and Labrador," said Premier Brian Tobin. "The agreement in principle recommended today by our negotiators is a significant step forward as we move closer to realizing a final agreement on land claims and self-government with the Inuit of Labrador."

Premier Tobin congratulated all those who contributed to the successful negotiation of the agreement in principle. "This agreement is the foundation upon which all residents of Newfoundland and Labrador will build our future certainty, stability and prosperity."

"Today the people of Newfoundland and Labrador, and indeed all Canadians, can take great pride in the initialling of this Agreement in Principle," said Jane Stewart, Minister of Indian Affairs and Northern Development. "The Labrador Inuit claim is the first to reach this stage in Atlantic Canada. This agreement signifies our willingness as a society to reconcile historical and cultural differences through negotiation and compromise."

"Settling land claims is consistent with the spirit and intent of Gathering Strength, Canada's Aboriginal Action Plan, and means greater economic and social stability, new capital and more jobs for all Newfoundlanders and Labradorians," said Minister Stewart.

"The Labrador Inuit Agreement-in-Principle is truly important to our people and their future," said LIA President William Barbour. "LIA has done the best that we can and I believe this is a good agreement for our people. I will be taking it to the Inuit for their review because it is about their land and their future. I want the Inuit to have a fair chance to understand the agreement and to come to their own decision on it."

The agreement, which contains details of land quantum, resource revenue sharing, and self-government, will now be presented to the three parties to begin the review and ratification process. The Labrador Inuit Association anticipates their ratification vote will be held later this summer following a 75-day ratification process.

Following ratification, land selection will be finalized. The AIP must then be ratified by the province and the federal government. Once ratified, the Agreement in Principle becomes the basis for negotiation of a final agreement.

The initialled agreement in principle demonstrates the commitment of the Government of Newfoundland and Labrador, Government of Canada and the LIA to reaching an equitable land claims agreement which reflects the aspirations of the Labrador Inuit and ensures that the benefits of economic development are shared in a fair and just manner among all parties.

For further information:

Heidi Bonnell
Premier's Office
(709) 729-3564

Kelly Acton
Department of Indian and Northern Affairs
(819) 997-0002

Isabella Pain
Labrador Inuit Association
(709) 922-2941
(709) 722-6160

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THE LABRADOR INUIT LAND CLAIMS AGREEMENT-IN-PRINCIPLE

HIGHLIGHTS

If ratified by the Labrador Inuit, the Government of Canada and the Government of Newfoundland and Labrador, the Agreement in Principle (AIP) will form the basis for negotiation of a Final Agreement. The AIP is not a legally binding document.

The following are some highlights of the AIP.

General Provisions

This Chapter contains provisions that apply to the entire Final Agreement. These provisions include reference to the constitutional status of the Final Agreement; the application of federal and provincial laws; the application of the Charter of Rights and Freedoms; and amendments to the Final Agreement. Certainty and Finality will be negotiated prior to the Final Agreement.

Lands and Non-Renewable Resources

The Labrador Inuit Settlement Area (the Settlement Area) will be smaller than the area originally claimed by Inuit and will consist of 28,000 square miles (72,520 square kilometres) of land and 17,000 square miles (44,030 square kilometres) of ocean extending out to 12 miles (referred to in the AIP as the Zone). Within the Settlement Area there will be 6,100 square miles (15,800 square kilometres) owned by Labrador Inuit as Labrador Inuit Lands where Inuit will have the most substantial package of rights and benefits. These lands will be under the management and control of the Inuit Central Government. Also, the Final Agreement will provide for the establishment of the Torngat Mountains National Park Reserve of approximately 3,000 square miles (7,770 square kilometres) within the Settlement Area.

In Labrador Inuit Lands, Inuit will have the exclusive right to carving stone, ownership of 1,525 square miles (3,950 square kilometres) of specified quarry materials and a right to 25 per cent of provincial revenues from subsurface resources.

Existing mineral rights holders in Labrador Inuit lands will continue to be regulated by the province.

Any person wishing to explore for subsurface resources in Labrador Inuit Lands after the Final Agreement will be required to submit a work plan for approval by the Government of Newfoundland and Labrador and the Inuit Central Government.

Existing surface interests in Labrador Inuit Lands will continue under their current terms and conditions. Applications for renewal or extensions of such interests must be made to the Inuit Central Government, which may establish additional, reasonable terms and conditions.

Identification and Selection of Labrador Inuit Lands

Land selection will begin after the AIP is ratified by the Labrador Inuit and will be completed before the AIP is ratified by the province and the Government of Canada. Land selection negotiations will involve the LIA, the province and the Government of Canada and will be carried out on a community-by-community basis. The boundaries of the Settlement Area will also be finalized during the land selection process.

Water Management and Inuit Water Rights

Everyone may use water for personal and domestic purposes throughout the Settlement Area. New commercial or industrial developers on Labrador Inuit Lands must acquire a water use permit from the province, which may only be issued if also approved by the Inuit Central Government.

Any developer in the Settlement Area who proposes to use water after the Final Agreement in a way that may substantially affect the quantity, quality and rate of flow of water on Labrador Inuit Lands will be required to first negotiate a compensation agreement with the Inuit Central Government.

Ocean Management

Any initiatives to establish marine management plans or to develop non-renewable resources in the Zone (ocean area adjacent to the Settlement Area extending out to 12 miles) will require prior consultation with the Inuit Central Government. Inuit Impacts and Benefits Agreements are required for major developments in the Zone.

Economic Development

Inuit Impacts and Benefits Agreements (IBAs) must be negotiated between the Inuit Central Government and developers before projects may proceed in Labrador Inuit Lands and before major projects may proceed in the Settlement Area outside Labrador Inuit Lands.

In addition to receiving 25 per cent of provincial revenues from subsurface developments in Labrador Inuit Lands, Inuit will receive 50 per cent of the first $2 million and five per cent of any additional provincial revenues from subsurface resources in the Settlement Area outside of Labrador Inuit Lands. These revenues will be capped when the amount, if distributed equally among all beneficiaries, would result in an average per capita income of beneficiaries which exceeds the average per capita income of all Canadians.

Voisey's Bay

The Inuit Central Government will receive three per cent of provincial revenues from subsurface resources from the Voisey's Bay project.

Labrador Inuit land and resource rights that will apply within the Voisey's Bay project area will be negotiated prior to the Final Agreement.

National Parks and Protected Areas

The Final Agreement will provide for the establishment of a national park reserve in the Torngat Mountains. The Inuit Central Government may establish other protected areas in Labrador Inuit Lands. Any new protected areas in the Settlement Area outside Labrador Inuit Lands which may affect the rights of the Labrador Inuit under the Final Agreement will require the completion of a protected area agreement with the Inuit Central Government.

Land Use Planning

A comprehensive land use plan for the Settlement Area will be developed jointly by the Province and the Inuit Central Government.

Environmental Assessment

Federal and provincial environmental assessment laws will continue to apply throughout the Settlement Area. The Inuit Central Government may make laws respecting the environmental assessment of projects in Labrador Inuit Lands, but federal and provincial laws prevail if there is a conflict between the laws.

The Inuit Central Government will be consulted and may participate in assessments which are being carried out by the province or the Government of Canada in the Settlement Area outside Labrador Inuit Lands.

Wildlife and Plants

Labrador Inuit will have the right to harvest wildlife and plants for subsistence purposes throughout the Settlement Area. If conservation requires that subsistence harvesting by Labrador Inuit be limited, the limits will be set by the provincial or federal minister based on a recommendation of the Inuit Central Government.

A co-management board appointed by the province, the Government of Canada and the Inuit Central Government will be established as the primary body for making recommendations to governments on the conservation and management of wildlife and plants in the Settlement Area. The relevant provincial or federal minister will retain the overall responsibility for the conservation and management of wildlife and plants in the Settlement Area.

Existing outfitters and sawmill operators will continue under laws of general application. The Inuit Central Government has the exclusive right to authorize new outfitting and sawmill operations in Labrador Inuit Lands.

Fisheries

Labrador Inuit will have the right to fish for subsistence purposes throughout the Settlement Area. If conservation requires that subsistence fishing by Inuit be limited, the limits will be set by the federal minister based on a recommendation of the Inuit Central Government.

A co-management board appointed by the Government of Canada, the province, and the Inuit Central Government will be established as the primary body for making recommendations to governments on the conservation and management of fish in the Settlement Area. The minister will retain the overall responsibility for the conservation and management of fish in the Settlement Area.

Existing commercial fishing licenses are not affected. Inuit will be guaranteed a percentage of new or additional commercial fishing licenses for specified species within the Zone and in waters adjacent to the Zone.

Harvesting Compensation

Developers who wish to develop on Labrador Inuit Lands are responsible for compensating Inuit for any damage to or loss of wildlife, wildlife habitat or harvesting activities suffered as a result of their developments.

Inuit Impacts and Benefits Agreements for major developments in the Settlement Area outside Labrador Inuit Lands must include provisions for compensating Inuit for any damage to or loss of wildlife, wildlife habitat or harvesting activities as a result of the developments.

Archaeology

The Inuit Central Government, the province and the Government of Canada have concurrent legislative authority in Labrador Inuit Lands and the communities over the protection of archaeological sites, archaeological activities, and the protection of archaeological materials, but if a conflict occurs provincial and federal laws prevail. Inuit artifacts found in the Settlement Area will be owned by the Inuit Central Government.

Place Names

The Inuit Central Government will have the exclusive right to establish official place names in Labrador Inuit Lands subject to approval by the minister. The province must consult the Inuit Central Government on any proposed place names in the Settlement Area outside Labrador Inuit Lands.

Labrador Inuit Self Government

Labrador Inuit will establish their own Constitution, which will establish two levels of government: an Inuit Central Government with jurisdiction primarily over Inuit at a regional level, and five Inuit Community Governments. The Constitution may also set up an Inuit Community Corporation for Inuit who live in Upper Lake Melville.

The Inuit Central Government will make laws primarily for Inuit in Labrador Inuit Lands for matters such as education, health and social services. The Inuit Central Government will also have jurisdiction over its internal affairs, Inuit citizenship and the management of Inuit rights and benefits under the Agreement.

Inuit and non-Inuit residents in the Inuit communities will be able to vote for and serve as councillors in the Inuit Community Governments. Inuit Community Governments may enact bylaws respecting local or municipal matters within Inuit communities.

Fiscal Financing Agreements

Labrador Inuit will continue to be eligible to receive federal and provincial programs and services.

The province, the Government of Canada and the Inuit Central Government will negotiate a fiscal financing agreement every five years to provide funding to the Inuit Central Government for the provision of agreed upon programs and services to Inuit and, where appropriate, to other residents. Funding for programs and services will be at levels reasonably comparable to those generally prevailing in other communities of similar size and circumstance in Labrador.

Financial Transfers

The Government of Canada will pay the Labrador Inuit $140 million, according to a schedule of payments which will be negotiated prior to the Final Agreement. This money will be administered by a trust on behalf of all beneficiaries. Inuit will repay their negotiation loans out of this amount.

Taxation

Labrador Inuit will continue to be subject to federal and provincial tax laws. The Inuit Central Government may make laws in relation to direct taxation of Inuit on Labrador Inuit Lands for Inuit Central Government purposes and may make laws for the coordination and harmonization of Inuit Community Government taxation. Inuit Community Governments may make laws in relation to the direct taxation of Inuit for Inuit Community Government purposes.

Dispute Resolution

A tripartite dispute resolution process will be established to address disagreements respecting the interpretation of the Final Agreement and to address disputes specifically referred to dispute resolution under the Final Agreement.

Eligibility and Enrolment

Labrador Inuit will determine who is entitled to be a beneficiary under the Final Agreement according to agreed eligibility criteria. The eligibility criteria are similar to the eligibility criteria for membership in the Labrador Inuit Association (LIA). Community enrolment committees will be established to prepare a preliminary list of beneficiaries. Decisions of community enrolment committees may be appealed and decisions of the appeal body may be subject to judicial review.

Ratification of the Final Agreement

Labrador Inuit will approve the Final Agreement when a majority of eligible voters have voted in favour of the Final Agreement. Individuals who are eligible to be beneficiaries will be eligible to be voters.

The Government of Canada and the province will ratify the Final Agreement by approval of their respective Cabinets and enactment of provincial and federal ratification legislation.

Implementation

An implementation plan which sets out the timing, responsibilities and costs of implementing the Final Agreement will be negotiated prior to the Final Agreement.

The Government of Canada will transfer $115 million to the Inuit Central Government for implementation of the Final Agreement. In exchange for this implementation fund, Inuit will release the Government of Canada from a number of future funding obligations.

Overlapping Claims

Overlapping interests between Labrador Inuit and other Aboriginal groups may be negotiated prior to, and, subject to the agreement of the Government of Canada and the province, set out in the Final Agreement.

Ratification of the Agreement-in-Principle

LIA will approve the AIP by majority vote of LIA members. The Government of Canada and the province will approve the AIP by decisions of their respective Cabinets.

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THE LABRADOR INUIT LAND CLAIMS AGREEMENT-IN-PRINCIPLE
BACKGROUNDER

A comprehensive land claims agreement is a modern treaty which provides an Aboriginal group with clearly defined land and resource rights. Land claims agreements receive constitutional protection.

The Labrador Inuit have never signed a treaty or a land claims agreement with the Government of Canada, the Province of Newfoundland and Labrador or the British Crown. Labrador Inuit claim aboriginal rights and title in and to territory in northern Labrador and northeastern Quebec.

Comprehensive land claims negotiations proceed through a series of stages: Framework Agreement, Agreement-in-Principle (AIP), Final Agreement and Implementation. In November 1990 the province, the Government of Canada 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 LABRADOR INUIT AIP

With the initialling of the AIP, which includes a self government component, an important step in the second stage has now been completed. The AIP will now be presented to the principles for ratification. If the AIP is ratified by Labrador Inuit, the province and the Government of Canada, it will become the basis for negotiation of a Final Agreement.

The proposed AIP deals only with the Labrador portion of the Labrador Inuit land claim and is intended to achieve a settlement of Labrador Inuit aboriginal claims to territory within the Province. Certainty about ownership of land and how the land will be managed will provide a stable environment for development and investment. Settlement of the land claim will promote the long-term economic and social development of the province, and contribute to the self-sufficiency and the economic, social, cultural and political development of the Labrador Inuit. Negotiations are intended to accommodate the interests of the Labrador Inuit, governments, third parties and non-aboriginal residents of the Labrador Inuit land claims area.

Overlapping claims of other aboriginal groups will be addressed in the negotiations leading up to Final Agreement.

Negotiations to reach an AIP commenced in December 1990 with a plan to complete this stage by the end of 1994. The prospect of a major mining development at Voisey's Bay underlined the importance of achieving an AIP as quickly as possible. In an attempt to accelerate the process, the Province and LIA exchanged comprehensive proposals in 1993. Although this exchange of proposals provided the parties with a better understanding of their respective positions on all matters under negotiation, it did not result in the desired acceleration of the land claims process.

In July 1996 the Premier of Newfoundland and Labrador, the President of LIA and the Minister of Indian and Northern Affairs agreed to fast-track negotiations, centralize the negotiations in St. John's and work towards a March 31, 1997 target date. This target date could not be met.

The next significant step in the AIP negotiations was a meeting of senior officials from the three parties held in Ottawa from October 20-29,1997. The meeting resulted in agreement on the major outstanding issues and formed the basis for an AIP. From there the negotiation teams worked diligently towards finalizing an AIP. The chief negotiators reached a tentative AIP on December 18, 1998. The text of the AIP took a few months to finalize and was initialled by the chief negotiators on May 10, 1999.

The agreement will now be presented to the three parties to begin the review and ratification process. LIA members will hold their ratification vote later this summer following a 75-day schedule of community meetings. Pending ratification, land selection will be finalized. Ratification by the province and the Government of Canada will follow. Once ratified, the AIP becomes the basis for negotiation of a Final Agreement.

THE LABRADOR INUIT LAND CLAIMS NEGOTIATION PROCESS
MILESTONES

1977
LIA files a statement of claim with Government of Canada entitled "A Statement of Claim to Certain  Rights in the Land and Sea-Ice in Northern Labrador".

1978
Government of Canada accepts Labrador Inuit land claim for negotiation.

1980
The Province of Newfoundland and Labrador, at the invitation of the Government of Canada, agrees to participate in the negotiation of the Labrador Inuit land claim.

1984
Government of Canada selects Labrador Inuit land claim for active negotiation.

1990
In November, a Framework Agreement outlining the agenda, process and timetable for Agreement-in-Principle (AIP) negotiations is signed.

1993
In March, LIA tables a comprehensive proposal for the settlement of the Labrador Inuit land claim with Government of Canada and the Province.

 In October, the Province tables a response to LIA comprehensive proposal.

1994
Announcement of a major nickel, copper and cobalt deposit discovery in the Labrador Inuit Land Claims Area near Voisey's Bay.

1996
In July, the Minister of Indian Affairs and Northern Development, the Premier of Newfoundland and Labrador and the President of LIA agree to "fast track" land claim negotiations.

1997
In October, an agreement among senior officials from the Government of Canada, the Province and LIA is reached on major outstanding issues including land quantum, resource royalty sharing,    self-government and a financial component.

1998
On December 18, the Chief Negotiators for LIA, Newfoundland and the Government of Canada reach a tentative AIP.

1999
The AIP is initialled by Chief Negotiators and recommended to their respective principals for ratification.

LIA commences ratification and land selection to be followed by ratification by governments.

THE LABRADOR INUIT ASSOCIATION
FACT SHEET

• There are approximately 4,800 Inuit who live in and claim aboriginal rights and title to territory in northern Labrador and northeastern Quebec.

• The Labrador Inuit are represented by the Labrador Inuit Association (LIA). LIA has offices in each of the Inuit communities on the north coast of Labrador, Happy Valley-Goose Bay and St. John's. The head office is in Nain.

• LIA was formed in 1973 and incorporated under Newfoundland law in 1975 and is a non-profit organization which is not affiliated with any political party. LIA is a constituent affiliate of the Inuit Tapirisat of Canada (ITC), the national Inuit organization.

• Amongst LIA's objectives is the protection and promotion of the language, culture, aboriginal and constitutional rights of Labrador Inuit and the negotiation and settlement of Labrador Inuit land claims.

• Geographically, the portion of the Labrador Inuit land claim area within the Province of Newfoundland extends from Cape Chidley in the North to Fish Cove Point (on the south side of Groswater Bay) in the South, seaward to the limit of Canada's territorial sea and westward to the Labrador/Quebec border (see attached map).

• The Labrador Inuit are the only Inuit in Canada who do not have a Final Agreement. There are no treaties or land claim agreements with any Aboriginal people in Labrador.

1999 05 10 12:45 p.m.

Labrador Inuit Land Claims Agreement-in-Principle