John Donihee, June 2nd 2009

LAND CLAIM AGREEMENTS AND THE NORTH TO 2030

Introduction

“EVERYTHING IS CONNECTED”Sheila Watt-Clouthier

Land claim agreements are connected to all the themes explored in this conference

Land claims are and will be fundamental components of the foundation for everything which Canada hopes to achieve in the North to 2030.

This presentation will touch briefly on the fundamental role of land claim agreements (LCAs) in:

- Northern governance- Resource management, co-management and northern development- Social, cultural and economic development

I conclude with some comments about the importance of LCAs in the context of the sweeping changes occuring in the North.

The Structure of Modern Land Claim Agreements

These agreements were negotiated to provide certainty of title, enhance Canadian sovereignty and to provide beneficiaries the opportunities and support needed to participate fully in Canadian social and economic development.

Consideration for the settlement of claims included a suite of constitutionally protected rights, land ownership, cash, and a role in governance of the settlement areas

LCAs and GovernanceJBNQA and LILCA include a form of regional self

governmentIFA included a promise of future self

government negotiaitonNunavut de facto self-governmentLand claim settlement has stimulated the

move toward greater devolution – Yukon example

These governance arrangements and promises – like all of the other commitments made by Canada in LCAs are constitutionally protected.

Co-Management and the Regulatory RegimeAll LCAs include co-management arrangements

and institutionsThese tribunals have also contributed to

important changes to the process of northern development and governance

They also contribute to increasing regulatory complexity and require careful management

The evolution of the statutory framework for northern development is being driven by LCA commitments.

This framework is a “work in progress”

LCAs and Social and Economic Development

LCAs include explicit commitments by Canada to contracting and jobs and legal obligations related to impacts and benefits from resource development

Ownership of large tracts of land including subsurface lands brings real opportunities to participate in development as owners of the resource

Social and cultural programs are explicitly included in LCAs

Economic self-sufficiency should encourage the arts, language and the protection of culture

ConclusionEverything really is connected to land claimsThe agreements and rights vary from region to

region but some overarching lessons have emerged:

-Implementation experience has not all been positive

-It takes constant work by aboriginal organizations to assert and prevent the erosion of hard fought rights and opportunities

-It is critical to ensure that youth are aware of their LCAs – they are a fundamental part of the legal framework of the north

-LCAs involve compromise by both sides – they represent difficult choices for aboriginal people – beneficiaries should be able to count on what they agreed to and don’t be surprised if they litigate to enforce their rights

- LCAs offer Canada a framework for a collaborative and mutually beneficial future for the North

- This conference should strongly recommend that path.