- A (multi-party) First Nations Land Management FA, 1996 and amended 4 times,
- Deh Cho First Nations FA, 2001
- Ache Dene Koe First Nations FA, 2008
- Musqueam FA, 2005
- Mi’kmaq – Nova Scotia – Canada (“Umbrella”) Agreement, 2002
- FA between Québec and the Mohawks of Kahnawake, 2009
Environment for Discussions
- Troy Jerome, Executive Director, Mi’gmawei Mawiomi Secretariat, who is serving as the Nutewistoq,
- Terri Lynn Morrison, Associate Director of Intergovernmental Relations for the Mi’gmawei Mawiomi Secretariat,and
- Richard Jeannotte, outside Legal Counsel to the Mi’gmawei Mawiomi Secretariat.
- explores topics and issues with Mi’gmaq leadership and among the three claim parties using the megite’taqann (“principle-based”) approach,
- seeks help and support of a diverse group of Mi’gmaq experts, Elders, linguists and technicians to get a comprehensive understanding of the topics and issues, and
- informs and consults with Gespe’gewa’gi community members systematically throughout the development of the Framework Agreement.
As noted elsewhere on our site, the other members of the Mgnigng include representatives of the Government of Canada and the Government of Québec.
Community Information Sessions
- better inform the members of our communities about the Framework Agreement (FA),
- encourage members to bring their views for discussion,
- answer questions from community members about the FA and the claims process generally
- “Firstly, the duty to consult and accommodate the Native Peoples exists from the moment a representative of the Crown has knowledge, concrete or attributed, of the possible existence of a title or ancestral rights and is considering taking steps that could have prejudicial effect on these rights or this title. On that basis, consultations of aboriginal communities must start as early as possible.
- Secondly, the extent of the duty to consult depends on the preliminary evaluation of the strength of the evidence supporting the existence of the claim of right or title and of the seriousness of the potential prejudicial effects on the right or the title.
- Thirdly, the duty requires the Crown to truly and in good faith consult the Aboriginal peoples involved and that it be willing to modify its plans in light of the data collected during the process.
- In any case, when the claim rests on a piece of evidence which, at first sight is solid, and that the decision that the government intends to make could significantly prejudice the rights of that claim, the duty to accommodate could require adopting measures to avoid irreparable prejudice or reduce the impact of prejudice until a definite decision has been rendered on the underlying claim.”
Report about C&A in Gespe’gewa’gi
Legal and community consultants were hired in 2009 and they developed a report, Consultation and Accommodation in Gespe’gewa’gi. The report covers:
- a review of the law of C&A,
- Mi’gmaq rights at issue and certain projects and developments in the territory that are already causing concern,
- identification of the most important government decisions-makers and private-sector developers,
- how notification of Mi’gmaq people takes place, if at all, and what consultation methods are being used, if any,
- community experiences to date,
- needs for future capacity and funding,
- comments on the form that the C&A process should take in the future.
- “…to provide practical advice and direction to federal departments and agencies regarding the legal requirement for the Crown to consult with Aboriginal groups and, where appropriate, accommodate their interests. The Interim Guide lines aim to provide steps and pointers for federal departments and agencies when assessing whether consultation with Aboriginal groups is needed on a legal basis and, if so, how to get organized for consultations and what is needed to ensure that meaningful consultation is carried out…”
- “…The guide proposes guideposts intended for the various government departments and agencies whose activities could infringe certain Aboriginal rights claimed by the Aboriginal communities, without these rights having necessarily been defined or proven.
- More concretely, the document provides general guidelines, the purpose of which is to make more operational the constitutional duty incumbent upon the Government of Québec to consult the Aboriginal communities. It also specifies the notion of accommodation which arises, in some cases, from the duty to consult.
- By setting guideposts for the government’s activities, the guide aims to facilitate the reconciliation of the interests of the Québec State and those of Aboriginal communities, while avoiding, wherever possible, compromising the rights and interests claimed in a credible manner by these Aboriginal Communities until such time as agreements are reached to specify the scope of their Aboriginal rights and the procedures of the consultation…”
- bring together a team of Elders, knowledge holders and Mi’gmaq linguists whose purpose is to advise the claims process on matters related to Mi’gmaq culture, traditions, laws, oral history, legends, and language,
- ensure that Mi’gmaq knowledge (including our culture, traditions, language, ceremonies, laws and history) are central to the negotiations and the claim process.
- advising and guiding the development of the Mi’gmaq worldview perspective during the negotiations process,
- providing direction, advice, and recommendations to the two negotiating circles, the Gigto’qiNigan’pugultijig and the Mgnigng, as well as other advisory groups that form,
- leading spiritual and cultural events and ceremonies.
The Nestuapuga’tijig Gisigu’g is composed of the following representatives:
- an elected Chairperson,
- Elders and traditional knowledge holders from the three Migmawei Mawiomi member communities,
- Mi’gmaq linguists,
- the Nutewistoq or his/her designate,
- resource persons as required.
The Nestuapuga’tijig Gisigu’g intends to meet a minimum of four times per year. They will also meet to deliberate on matters that arise during the negotiations process, or at a sub-table level as required.
- have open communication at several levels (internally within the group as well as with the leadership) by sharing more about the claim process with their communities, and being a part of this process, not just be looking on,
- think as a Mi’gmaq Nation rather than a community and work together as a nation,
- hold members in great respect for their knowledge,
- see youth representation integrated into their meetings,
- keep the three community Chiefs and Councils aware of their work by providing them with meeting summaries.
- a Mi’gmaq name for the Elders’ Advisory circle was agreed upon. The group moved to change the name from Mgnigng Elders’ Circle to Nestuapuga’tijig Gisigu’g,
- the Nutewistoq advised that the Government of Québec wants to see more evidence to prove the Mi’gmaq title exists in Gespe’gewa’gi,
- discussion was held about naming the six stages in the claims process with Mi’gmaq names,
- it was decided that decisions coming out of Nestuapuga’tijig Gisigu’g meetings would be made through the Mi’gmaq way of engaging the talking circle method. Everyone in the circle gives his/her input about an issue, after which a unanimous decision ismade by the whole circle.