KMKNO Timeline


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KMKNO Timeline

  1. 1. 1969The Government 1973 of Canada releases The White The Calder decision is In response to the Calder The Union of Nova Scotia 1976 Paper, which released by the decision, the Indians submits urges the Supreme Court Government of its claim to the March: The December: The complete of Canada and Canada releases Province of Nova Union of Nova Mi’kmaq Santéassimilation of all affirms that the two new claims Scotia asserting Scotia Indians Mawiomi (Grand Aboriginal First Nations and policies: one the Nation’s submits a revised Council) and the people and the other Aboriginal dealing with hunting and claim asserting Union of Novarestructuring and people have Comprehensive fishing rights in the hunting and Scotia Indiansdismantling of all legitimate Claims the province. The fishing rights of submit a treaties in claims, including (Aboriginal Title) claim is rejected. the Mi’kmaq comprehensive Canada. The claims to what is and one dealing Nation in Nova land claim to Paper enrages now known as with Specific Scotia to the Canada Aboriginal Aboriginal title. Claims (the Premier of Nova respectingpeople across the The Court has claims of Bands Scotia. The claim aboriginal title in country and harsh words for regarding the is rejected. Nova Scotia. Theradicalizes many. the Crown in its government’s claim is rejected The vehement previous handling the on the basis thatopposition to the handling of the Crown’s it was policy assures it claims of First management of “superseded by is never Nations their reserves law”. implemented regarding and other assets.) Aboriginal title and specific matters dealing with the reserves and assets of Bands.
  2. 2. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History1982 The Canadian constitution is 1985 repatriated and comes in to full The Union of force and effect Nova Scotia 1989 April 1, 1982. The Indians and the Constitution Native Council of The Report of the Act, 1982, section Nova Scotia support James Royal Commission 1990 35(1) recognizes on the Donald and affirms the Simon, of Indian Marshall Jr. The Supreme Court of The Nova Scotia Court existing (as of 1 Brook, in a Prosecution is Canada’s Sparrow of Appeal, in the case of April 1982) hunting case in released. The decision affirms the Denny, Paul and Aboriginal and which Simon Commissioner Aboriginal right to a Sylliboy, holds the Treaty rights of asserted a treaty recommends food, social and Mikmaq of Nova ScotiaIndians, Inuit, and right defense. The establishing a ceremonial harvesting have an Aboriginal right Métis. Supreme Court of tripartite forum regime. The decision to fish for Canada, in R. v. bringing together makes it clear that food, protected by Simon, affirms Mi’kmaq leaders governments must s.35(1). that the 1752 and the federal and consult with First Treaty between provincial Nations, Inuit, and the Crown and governments. A Métis if legislation or Jean Baptiste tripartite main other government Cope continues in table is measures will infringe full force and recommended to upon or limit an effect. deal with rights Aboriginal Right. The Therefore, Mr. based issues such Court urges the Simon has a as Land, Self government to Treaty right to a government, Abori negotiate, rather than food, social and ginal & Treaty litigate Aboriginal ceremonial Rights, Aboriginal claims. harvest. Title.
  3. 3. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History 1991 July: The Union of Nova Scotia unanimously 1997 passes a resolution mandating community June: The National July: The Nova Scotia December: The Supreme consultations to fully Energy Board begins a Mi’kmaq Chiefs, the Court of Canada’s inform all Mi’kmaq in review of the Sable Minister of Indian Delgamuukw decision Nova Scotia about the Offshore Energy Affairs, and the Nova affirms that Aboriginal Aboriginal title, rights Project and the Scotia Aboriginal Affairs title exists in and treaty rights of the Maritimes and Minister sign the Canada, and provides Nation and establishing Northeast Pipeline Tripartite Forum guidance on the “Technical Team” to (MNEP). Discussions Memorandum of extinguishment of title advise the Nation on the between the Understanding. The and how a First Nation drafting and presenting a companies and the Forums mandate is to may prove its Aboriginal Land Claim to the Nova Scotia Chiefs on discuss, investigate and title. The Supreme Court Government of Canada. behalf of the Mi’kmaq negotiate measures again urges that Nation begin. The assisting resolution of governments and First government is matters of concern Nations negotiate rather pressured to deal with between the Parties. than litigate Aboriginal Mi’kmaq Aboriginal Tripartite committees are title, rights and treaty title to Nova Scotia. established to discuss rights. If the Court’s issues around comments on Justice, Social, Education extinguishment are , Health, Cultural & applied to Nova Heritage, Sports & Scotia, the Recreation, and extinguishment Economic Development requirements have not been met.
  4. 4. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History1998 September: In a meeting as part of October: The Minister of Indian December: The Nova Scotia Chiefs forward 1999 the on-going Affairs announces a draft Framework negotiations with on Treaty Day that Agreement to September: The November: The Sable and Canada is Canada and Nova Supreme Court of Supreme Court of Maritimes and committed to the Scotia outlining a Canada’s Marshall Canada releases theNortheast, the Nova “Made-in-Nova possible negotiation (No.1) decision affirms Marshall (No. 2) Scotia Chiefs, the Scotia Process.” process. The that the Treaties of decision which explains Nova Scotia Exploratory Assembly suggests 1760 and 1761 remain in a more detailed way Aboriginal Affairs discussions begin that a pre- valid and provide that the nature of the rights Minister, and the between Framework Mi’kmaq and Maliseet held to exist in Marshall INAC Assistant Canada, Nova Agreement be have a right to (No.1).Deputy Minister, on Scotia and the ratified to set out the commercially harvest behalf of the Assembly of Nova process and to – the right toMi’kmaq Nation in Scotia Mi’kmaq protect the Mikmaq hunt, fish and gather Nova Scotia, Nova Chiefs. from any confusion for a moderate Scotia, and about what livelihood. As an Canada, agree to constitutes existing treatypursue a “Made-in- “consultation”. This right, the commercial Nova Scotia pre-Framework harvesting right Process” to deal Agreement or affirmed in Marshall is with outstanding “Umbrella protected under treaty, title and Agreement” is s.35(1).The Court aboriginal rights proposed to include again repeats its questions in Nova the Tripartite Forum urgings for Scotia. It was and a proposed governments and First agreed that the Consultation Nations to negotiate process would be Process. Exploratory acceptable solutions to outside of the talks proceed. and a detailed Federal implementation of the Comprehensive constitutional rights. Claims Policy.
  5. 5. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History2000 January: In the aftermath of 2001Marshall, explorato ry talks continue January: The regarding a long- Nova Scotia 2002 term rights-based Chiefs, the Nova process. Separate Scotia Aboriginal June: Following extensive discussions, the thirteen Bands in Nova Scotia negotiations and Affairs each pass BCRs authorizing their respective Chiefs to sign the Umbrella federal negotiators Minister, and the Agreement, and the document is signed by the Chiefs of Nova are established by Indian Affairs Scotia, Canada and Nova Scotia in a ceremony at Province House. the Indian Affairs Minister meet inand by the Fisheries Truro and agree to negotiate an The Umbrella Agreement is a political commitment to enter into a mutually and Oceans. Each agreeable to negotiation process, and to develop Terms of Reference for a Department Umbrella Agreement to proper Consultation Process. It is completely “without prejudice,” meaning formulates its own it cannot later be held against the Mi’kmaq Nation in Nova Scotia. It is “Marshall begin the long- term rights-based intended to protect the Mikmaq Nation in Nova Scotia while talks with the Response”. Neither governments of Nova Scotia and Canada continue. Canada, Nova Scotia Indian Affairs or process. and the Mikmaq Nation in Nova Scotia commit to negotiate the Fisheries admits to recognition, definition and implementation of Mi’kmaq Aboriginal a responsibility to title, rights, and treaty rights in good faith. deal with the Nation’s moderate livelihood treaty In the Umbrella Agreement, “The Parties agree that the negotiation processfishery rights. There and approaches adopted will be governed by the Framework Agreement. is much confusion For greater certainty, the Parties agree that they will take into account the on the part of the unique circumstances of the Nova Scotia Mikmaq when developing theirfederal government mandates and that their positions may differ from Canadas on how to address Comprehensive Land Claims Policy.” the rights of the Mi’kmaq and Maliseet Nations.
  6. 6. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History2003November: All three parties appoint The negotiators for the 2004 negotiators with the Mi’kmaq, Canada, aauthority to negotiate nd Nova Scotia meet The “Made-in-Nova Scotia April: At a media briefing held a Framework to scope out the Process” becomes the regarding discussions aboutAgreement which will negotiation process Kwilmu’kw Maw-klusuaqn developing a Framework Agreement set out how the and start discussions (Searching for Consensus). for the negotiations process, then parties will negotiate on the development Staff are hired for the Senior Negotiator for the Mi’kmaq a new and lasting of a Framework Kwilmu’kw Maw-klusquan Nation in Nova Scotia statesframework protecting Agreement. Negotiating Office (KMKNO) “Canada and Nova Scotia have and affirming the to support the Negotiating agreed with us that our negotiations Aboriginal Team. The main emphases so far and all of our future title, rights, and are research to ensure that negotiations up to the point if and treaty rights of the Mikmaq are prepared for when we have a final agreement or Mi’kmaq Nation in negotiations, and another interim agreement intended Nova Scotia. It is a communications and to have legal affect will not alter or blueprint setting out community discussions to affect or prejudice Mi’kmaqthe process to be used ensure that all Mikmaq in Aboriginal and Treaty rights. The in the upcoming Nova Scotia are aware of Provincial Negotiator says “I think discussions. what is happening and are from Nova Scotia’s point of view given an opportunity to there’s no intent whatsoever of contribute to the negotiations touching or renegotiating the and raise issues of existing sacred treaties.” The Federal importance to the Mi’kmaq of Negotiator affirms “There is no Nova Scotia. model or a generic approach to follow on how to proceed in these negotiations. So the Mi’kmaq of Nova Scotia, the province and the federal government have agreed to a made in Nova Scotia process to address the Aboriginal, outstanding Aboriginal and Treaty rights.”
  7. 7. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History2004 The Haida Nation andTaku River decisions are released by the Supreme 2005 Court of Canada. The decisions mandate that where the Crown – In the Mikisew Cree decision, the Supreme Court of Canada stated 2006 federal or provincial – is that even where June: The Terms of October: The 13 Novaaware that a First Nation Aboriginal title or rights Reference for a Mi’kmaq- Scotia Mi’kmaq Chiefs, who have asserted Aboriginal have been “resolved” in a Nova Scotia-Canada had been meeting on a or treaty rights or Land Claim Agreement or Consultation Process are regular basis to discussAboriginal title but those modern treaty, there may approved at the main issues of rights and title of rights and title are still remain a duty to Mi’kmaq Nation-Canada- the Mi’kmaq Nation in “unresolved”, the Crown consult with, and where Nova Scotia Negotiation Nova Scotia, establish the must consult with, and appropriate, accommodat Table. Assembly of Nova Scotia where e the interests of a First Mi’kmaq Chiefs to, amongappropriate, accommodat Nation. other things, provide e the rights of the First direction to the Nation’s Nation where a negotiators, to deliberate government policy or and pass resolutions decision may affect the respecting the Nation’s rights or title of the First rights and title, and to Nation asserting those provide directions and rights and title. instructions to the KMKNO.
  8. 8. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History2007 June: The Interim ConsultationFebruary: The Mi’kmaq-Canada-NovaScotia Framework Agreement setting out Terms of Reference, approved in June 2006, are implemented on a 2008the areas for negotiation, the approval trial basis. The Consultation The Nationhood Proclamation, inprocess, and the schedule for Terms of Reference provide anegotiations is signed in Membertou. The English and Mi’kmaq, signed by all mechanism through which the 13 Nova Scotia Chiefs is proclaimedMi’kmaq Nation in Nova Scotia approach federal and provincial on Treaty Day by the Grand the negotiations is based on 5 pillars: governments will consult with the The Proclamation states the Chiefs Mi’kmaq Nation in Nova Scotia assert the Nationhood of the1. To achieve when government Mi’kmaq over “our traditional lands recognition, acceptance, implementati decisions, policies, etc. may affect and waters”. on and protection of Treaty, Title and the rights and title of the Nation in other Rights of the Mi’kmaq of Nova Nova Scotia. Scotia;2. To develop systems of Mi’kmaq management and resource management;3. To revive, promote and protect a healthy Mi’kmaq identity;4. To obtain the basis for a shared economy and social development; and5. To negotiate toward these goals with community involvement and support.The five pillars were developed by agroup of leaders and Elders, includingGrand Council members, at a conferenceheld on the Eskasoni First Nation.
  9. 9. Kwilmu’kw Maw-klusuaqnChronology of Events – Recent History2010 August: TheConsultation Terms 2011 of Reference aresigned. After a three December: The year trial run, the Chiefs of the Bands 2011-2012 federal and of the Mi’kmaq provincial Nation in Nova governments agree Scotia file suit in The Harper government introduces and passes two omnibus bills, C-38 2013 that the the Federal Court and C-45. These two bills, both ofConsultation Terms against the February: The Chiefs of the government of which became law, among otherof Reference are an Bands of the Mi’kmaq Nation in appropriate and Canada relating to things, making sweeping changes to Canada’s environmental protection Nova Scotia file suit in the Nova effective means of the Nation’s FSC harvesting rights. legislation and insert a definition of Scotia Supreme Court against fulfilling their “aboriginal fisheries” into the the government of Canada constitutionally mandated duty to Fisheries Act. These changes are seeking a declaration that consult with the protested by the Mi’kmaq Nation in Canada has failed to meet its Mi’kmaq Nation in Nova Scotia and the Co-chair of the obligations from the 1999 Nova Scotia. ANSMC, Chief Terrance Marshall case to ensure the Paul, appears before a Senate opportunity of Mi’kmaq to Committee studying the bill to engage in a moderate livelihood explain to the Senators why the fishery and that the definition of “aboriginal fisheries” definition is Aboriginal fisheries in Bill C-45 unconstitutional as the government is unconstitutional as it does not failed to consult the Nation about its recognize the Nation’s treaty rights, that the definition does not harvesting rights. address the Mi’kmaq Nation’s treaty harvesting rights, and other concerns.