Self-Government Agreement-in-Principle Signed with Miawpukek First Nation:
A Renewed Relationship Based on Trust and Mutual Respect

The Honourable Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development, the Honourable Nick McGrath, Minister of Transportation and Works and Minister Responsible for Labrador and Aboriginal Affairs, and Chief Mi’sel Joe, of Miawpukek First Nation, today in Conne River signed a Self-Government Agreement-in-Principle (AIP), marking the first of its kind to be negotiated in the Atlantic provinces.

“Self-government is an important and necessary component of the sound planning and good financial management needed to create the conditions for economic success,” said Minister Valcourt. “Miawpukek First Nation is a leader in the area of self-governance, and today marks an important milestone toward further self-sufficiency and prosperity. These agreements are key to achieving reconciliation while unlocking economic opportunities for the benefit of First Nations communities and all Canadians.”

The signing of an AIP marks the beginning of negotiations toward a self-government final agreement, which will provide Miawpukek First Nation with greater flexibility and control in the development and delivery of its programs and services, in a manner best suited to its traditions. By signing this AIP, Miawpukek First Nation moves closer to being able to assume greater control over the management of its own affairs through the exercise of jurisdiction in several subject areas, including culture and language, education and social development, child and family services, health, land management and resource management.

“Miawpukek First Nation is pleased to have reached this milestone in our self-government negotiations,” said Chief Mi’sel Joe. “We look forward to our continued partnership as we work towards the final stage of negotiations.”

The Agreement-in-Principle is the result of negotiations that began in 2004 among Miawpukek First Nation and the Federal and Provincial Governments. The parties signed the Self-Government Framework Agreement in 2005, which established a process to guide the Agreement-in-Principle negotiations. Miawpukek has developed and refined its vision for self-government based on extensive community consultations that have taken place throughout the negotiation process. As a self-governing First Nation, Miawpukek First Nation will provide for political and fiscal accountability in any constitution drafted in accordance with the eventual final agreement.

“The Government of Newfoundland and Labrador strongly believes in the Aboriginal people of the province taking control of their own destinies and today marks a significant step forward for the Miawpukek First Nation,” said Minister McGrath. “I am very proud to participate in this historic event and as a government we look forward to seeing the Miawpukek First Nation progress and prosper in achieving self-government.”

- 30 -

Media contacts:

BACKGROUNDER
Self-Government Agreement-in-Principle with Miawpukek First Nation

Historical Context
Since 2004, Miawpukek First Nation, Canada and Newfoundland and Labrador have been negotiating Aboriginal self-government for Miawpukek First Nation.

A Framework Self-Government Agreement was signed by the parties in 2005, and set out issues to be discussed and methods for discussion.

While not legally-binding, the Agreement-in-Principle (AIP) contains all of the major elements that will make up a final agreement.

The self-government AIP that is being signed today, an agreement proposing a series of law-making powers that does not include title to lands, is the first of its kind to be negotiated in the Atlantic provinces.

A final agreement, once concluded, would grant Miawpukek First Nation the authority to pass and administer laws in variety of areas, ranging from culture and language to public works.

Overview of the Agreement-in-Principle
The AIP generally contains all of the major elements of the Final Agreement and works as a “rough draft” for a Final Agreement as the parties negotiate finer details. Upon reaching consensus, the parties each have a Final Agreement ratified and signed, at which point it becomes a constitutionally-protected document.

The AIP sets out jurisdictions, rights and limitations for Miawpukek First Nation in a variety of subject areas. These include culture and language, education, health, child and family services, land management, resource management, licensing, regulation and operation of businesses, and administration of justice. The Miawpukek First Nation’s lawmaking powers are tied to reserve lands, with the exception of income support where the First Nation may offer income support to its members whether they live on or off reserve.

Once a final agreement has been concluded, and as Miawpukek First Nation enacts laws in the agreed-upon areas of jurisdiction, there will be a corresponding reduction in the application of the Indian Act.

Status of the Lands
Miawpukek Lands will continue to be “lands reserved for the Indians” within the meaning of subsection 91(24) of the Constitution Act, 1867.

Other Key Aspects of the AIP

The AIP:

• Sets out that Miawpukek First Nation Government has jurisdiction in relation to membership in Miawpukek First Nation and that all Members entitled to be registered as Indians under the Indian Act shall continue to be entitled to be registered as Indians under the Indian Act;
• Sets out that Miawpukek First Nation shall develop and approve a Miawpukek First Nation Constitution to establish core principles of democratic governance for the Miawpukek First Nation Government and ensure transparency, political and fiscal accountability;
• Sets out that the Miawpukek First Nation Government will enact a law to provide non-Members living on or having an interest in Miawpukek First Nation Lands with an avenue for providing input into proposed Miawpukek First Nation Laws, including amendments that directly and significantly affect non-Members;
• Sets out that Miawpukek First Nation has jurisdiction in relation to the preservation, promotion and development of Mi’kmaq culture and language on Miawpukek First Nation Lands;
• Sets out that title to all Miawpukek First Nation Lands will continue to be held in the name of Canada for the use and benefit of the Miawpukek First Nation;
• Sets out that Miawpukek First Nation has jurisdiction in relation to renewable resources situated on or under Miawpukek First Nation Lands, including the protection, conservation, management, development and disposition of renewable resources;
• Sets out a dispute resolution process detailing the steps to be taken, how and when;
• Is not legally binding and does not define, create, recognize, abrogate, derogate, deny or amend any of the rights of the parties;
• Preserves to the Government of Canada and to the Government of Newfoundland and Labrador all lawmaking authorities in relation to Canadian national interest powers and provincial interest powers respectively;
• Sets out that the Final Agreement will not be a protected treaty or a land claim agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982; and,
• Will be made public on the websites of the parties as part of a continuing effort to inform and engage third parties and key stakeholders during negotiations toward an eventual Final Agreement.

2013 11 08                                     2:20 p.m.