"Keeping the Promise: The Path Ahead to Full Modern Treaty Implementation"

Nisga’a summary: it was a very successful week for Nisga’a Nation at the Conference

(February 28, 2013, Ottawa) From the Nisga‚Äôa perspective, ‚ÄúKeeping the Promise‚Äù was a very successful event for those Nisga‚Äôa participants at the conference of the Land Claims Agreement Coalition.  Highlights included Kevin McKay skillfully navigating the political waters as Chair of the proceedings for the week, honouring Thomas Berger, comments of support for the LCAC by the National Chief of the AFN, and at the week‚Äôs end, meeting with the Minister of Aboriginal Affairs and Northern Development Canada (AANDC) ‚Äì finally!

Convening on the 40th anniversary of the historic Calder judgment by the Supreme Court of Canada, political leaders at the Land Claims Agreements Coalition National Conference today called upon the Government of Canada to fully and fairly implement modern treaties. Mr. Justice Thomas Berger, the lawyer who argued the Calder case, encouraged the Coalition to hold the Government of Canada accountable for modern treaty implementation. He also gave a great presentation on his experiences in launching the Calder case.  

Thomas Berger was also honoured at the gala dinner by Nisga‚Äôa Nation as he was drummed in by members of Wilp Si‚Äôayuukhl Nisga‚Äôa who were present.  Berger was also presented with a carved Hyaatskw in recognition of his immeasurable contributions toward resolving the land question in the Calder case, and in representing Nisga‚Äôa Nation in the Campbell case, which affirmed the Nisga‚Äôa inherent right to self-government. A greatly honoured Justice Berger thanked the Nisga‚Äôa for their gift to him.

Cathy Towtongie, President of Nunavut Tunngavik, and Kevin McKay, Executive Chairperson for Nisga’a Lisims Government and co-chairs of the Land Claims Agreements Coalition, confirmed their willingness to work co-operatively with Bernard Valcourt, the recently appointed Minister of Aboriginal Affairs and Northern Development.

“The lack of implementation represents a missed opportunity for all Canadians,” said McKay, speaking on behalf of President Mitchell Stevens. “A recent study showed that the cost of non-implementation is hundreds of millions of dollars per year. This is not acceptable to the modern treaty holders and it should not be acceptable to Canadians.” He said that implementing treaties allows Aboriginal people to become more self-reliant and self-sufficient, a goal shared by all Canadians.

Speakers and panelists at the “Keeping the Promise: The Path Ahead to Full Modern Treaty Implementation” conference echoed these sentiments and reminded delegates that much has been accomplished in the past 40 years since the first modern treaty was signed in Quebec, but remains much work to be done.

Terry Audla, president of Inuit Tapiriit Kanatami, said “the promise of the Treaty Relationship between the Crown and Aboriginal People has been badly eroded,” pointing to the lack of implementation of policies in key areas such as health, education, housing and food security.

Matthew Coon Come, Grand Chief of the Grand Council of the Crees said “Modern treaties are an essential part of the foundation of this country. The legitimacy of Canada’s claim to these lands, and to the resources they hold is entirely dependent on these treaties. If the solemn promises contained in modern treaties are not implemented according to their full spirit and intent, there remains a fundamental defect in Canada’s very foundation.”

Shawn A-in-chut Atleo, National Chief of the Assembly of First Nations pledged AFN’s support to the land claims coalition. The Land Claims Coalition, whose membership consists of all modern treaty organizations in Canada, announced its intent to develop a Report Card on Modern Treaty Implementation. All modern treaty holders agree that the Government of Canada is failing in its obligation to uphold the spirit and intent of modern treaties and to develop policies and work effectively with treaty holders to implement them.

It appeared that perhaps some of these messages were finally being heard by the government of Canada.  On the last day, the Honourable Bernard Valcourt, Minister of AANDC took time to meet the coalition for 30 minutes in the morning.  It was a great opportunity to reiterate the coalition‚Äôs three principal demands: adopt a new model Implementation Policy, abandon fiscal harmonization, and remove the derogation clause from the federal clean water legislation going through the house.

It was also a great opportunity to meet with the Minister.  When he met with one of the Nisga‚Äôa representatives present who introduced himself a part of the Nisga‚Äôa delegation, the Honourable Minister stated ‚ÄúAh yes, I remember. the Nisga‚Äôa who started it all back in the 80‚Äôs.‚Äù  So it appears he knows a little bit about Nisga‚Äôa Nation.  

Moreover, it was a great opportunity for representatives from Nisga’a government to meet with other modern-day treaty groups, to share experiences and ideas, and to bring something back home to improve the quality of life of our own Nisga’a citizens.

Formed in 2003, the Land Claims Agreements Coalition brings together all Canadian modern treaty organizations in Canada. The Coalition’s mandate is to press the Government of Canada to respect, honour and fully implement comprehensive land claims and associated self-government agreements in order to achieve their objectives. Taken collectively, modern treaties affect nearly half of Canada’s lands, waters and resources.

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