NLIS 4
November 30, 2004
(Labrador and Aboriginal Affairs)

 


The following statement was issued by Thomas G. Rideout, Minister Responsible for Aboriginal Affairs. It was also read in the House of Assembly: 

As members of this house are aware, the government intends to introduce legislation in this session to ratify the Labrador Inuit Land Claims Agreement. Passage of this bill would be one more step towards the implementation of this agreement. Concerns have been expressed by the president of the Labrador M�tis Nation that this agreement may have a negative impact on his membership. I wish to take this opportunity to speak to these concerns. 

This land claims agreement exchanges the asserted but undefined aboriginal rights that may be held by Labrador Inuit for defined treaty rights in the Labrador Inuit Settlement Area. This agreement was negotiated in good faith by the governments of Canada and Newfoundland and Labrador, and the Inuit of Labrador as represented by the Labrador Inuit Association. It was ratified by 76 per cent of eligible Inuit voters. 

The criteria to qualify as a beneficiary under this agreement is extremely broad, and includes many people of Inuit descent who live outside the settlement area, including anyone with 25 per cent Inuit ancestry. Those living outside the settlement area enjoy many of the benefits as those inside, from hiring preference at Voisey's Bay to access to federal programs such as non-insured health services and post-secondary education funding. 

The agreement provides the standard protections for other Aboriginal groups that are contained in other comprehensive land claims agreements in Canada. It states that "Nothing in the Agreement shall be construed to affect, recognize or provide any rights under section 35 of the Constitution Act, 1982 for any Aboriginal peoples of Canada other than Inuit." Furthermore, the agreement provides for a requirement that it be amended if a court of last resort ever determines that it affects the section 35 rights of any other Aboriginal peoples of Canada. 

If the LMN is able to demonstrate the people it represents form a different society of Inuit than that covered by the LIA Agreement, it may be able to have its claim accepted, should it meet the accepted test for comprehensive claims in Canada. The acceptance or rejection of the LMN land claim is a decision for the federal government to make. The LMN has been assured by the federal government that it will assess their claim on this basis. 

LMN leadership was briefed on the well-publicized Inuit ratification process, and negotiators for the three parties to the Inuit agreement met with the LMN to respond to their questions about the implications of the agreement. Each party has also provided written responses to the LMN's questions. All three parties have attempted to assure the LMN that, should it demonstrate it represents a different society of Inuit, its members will be unaffected by the LIA agreement. 

Where there are competing interests in our society that cannot reach agreement on their own, they have the option of seeking the guidance of the court. Members of the LMN have chosen this course of action, as is their right. Nevertheless, we maintain that the bill in and of itself cannot cause any harm to anyone as the agreement cannot come into effect until after it also passes the Parliament of Canada. 

I want to assure members of this house and members of the LMN that, should the federal government accept the LMN land claim, and subject to our own independent assessment to ensure it meets the established criteria, the province will join with the federal government in settling that claim. If the LMN land claim is accepted, and overlaps with the Labrador Inuit Settlement Area, then the LIA and the LMN could negotiate an overlap agreement as the LIA is doing with the Innu Nation and the Nunavik Inuit of Qu�bec. 

In addition, any person who meets the eligibility criteria may become a beneficiary of the Labrador Inuit Land Claims Agreement, irrespective of whether they participated in the Inuit ratification vote. Rather than having a negative effect on LMN members, this agreement, through its protections for other groups demonstrating section 35 rights and broad eligibility criteria, provides added choice for those seeking access to federal Aboriginal programs and services. 

2004 11 30                               1:50 p.m.


SearchHomeBack to GovernmentContact Us


All material copyright the Government of Newfoundland and Labrador. No unauthorized copying or redeployment permitted. The Government assumes no responsibility for the accuracy of any material deployed on an unauthorized server.
Disclaimer/Copyright/Privacy Statement