Agnutmatesnu – Negotiations

Let’s Talk

Gesgapegiag, Gespeg and Listuguj are communities in the seventh district of Mi’gma’gi known as Gespe’gewa’gi, the ancestral and unceded territory of the Mi’gmaq.

The Agnutmatesnu team is appointed to facilitate discussions and negotiations with the Province of Quebec and the Federal Government on behalf of the Mi’gmawei Mawio’mi (MM). Their expertise focuses on the recognition, protection, and implementation of Aboriginal and Treaty Rights and Title through bilateral and trilateral negotiation processes.

The Agnutmatesnu – Negotiations Team is:

Nadir Andre – Interim Nutewistoq
Chastity Mitchell – Interim Executive Director
Alicia Moffat – Agnutmatesnu Coordinator
Richard Jeannotte – Intergovernmental Advisor
Loni Vicaire – Policy Advisor

Agnutmatesnu – Negotiations

Let’s Talk

Gesgapegiag, Gespeg and Listuguj are communities in the seventh district of Mi’gma’gi known as Gespe’gewa’gi, the ancestral and unceded territory of the Mi’gmaq.

The Agnutmatesnu team is appointed to facilitate discussions and negotiations with the Province of Quebec and the Federal Government on behalf of the Mi’gmawei Mawio’mi (MM). Their expertise focuses on the recognition, protection, and implementation of Aboriginal and Treaty Rights and Title through bilateral and trilateral negotiation processes.

The Agnutmatesnu – Negotiations Team is:

Nadir Andre – Interim Nutewistoq
Chastity Mitchell – Interim Executive Director
Alicia Moffat – Agnutmatesnu Coordinator
Richard Jeannotte – Intergovernmental Advisor
Loni Vicaire – Policy Advisor

Negotiation Tables 

What is a bilateral and trilateral negotiation process?

Bilateral negotiations are negotiations which involve two parties. For example, the MMS was mandated to negotiate a Hydrocarbon Accommodation and Consultation agreement  with Quebec. This was completed through Bilateral Negotiations with the Province of Quebec and the Mi’gmaq.

Trilateral negotiations are negotiations which involve three parties. For example, the MMS is mandated to negotiate the Ginuewei Niganiljoqa’taqan (Framework Agreement) with the Federal Government and the Province of Quebec. These negotiations are ongoing with both Federal and Provincial representatives.

How the mandating process works:

There are two levels of authority that mandate the work of the MMS:

When a common issue or interest is identified, the Agnutmatesnu conducts research on the subject and prepares to present their findings to the Mi’gmawei Mawio’mi.

The Chief Executive Committee (CEC)
All discussion matters are first addressed with the Chiefs of the CEC. If the CEC has an interest in a specific matter, the discussion is then addressed with each council during the assembly of the Mi’gmawei Mawio’mi.

The Mi’gmawei Mawio’mi (MM)
If the Mi’gmawei Mawio’mi has an interest in the common priority, a mandate to pursue the action will be drafted and reviewed during the assembly.

Negotiation Tables 

What is a bilateral and trilateral negotiation process?

Bilateral negotiations are negotiations which involve two parties. For example, the MMS was mandated to negotiate a Hydrocarbon Accommodation and Consultation agreement  with Quebec. This was completed through Bilateral Negotiations with the Province of Quebec and the Mi’gmaq.

Trilateral negotiations are negotiations which involve three parties. For example, the MMS is mandated to negotiate the Ginuewei Niganiljoqa’taqan (Framework Agreement) with the Federal Government and the Province of Quebec. These negotiations are ongoing with both Federal and Provincial representatives.

How the mandating process works:

There are two levels of authority that mandate the work of the MMS:

When a common issue or interest is identified, the Agnutmatesnu conducts research on the subject and prepares to present their findings to the Mi’gmawei Mawio’mi.

The Chief Executive Committee (CEC)
All discussion matters are first addressed with the Chiefs of the CEC. If the CEC has an interest in a specific matter, the discussion is then addressed with each council during the assembly of the Mi’gmawei Mawio’mi.

The Mi’gmawei Mawio’mi (MM)
If the Mi’gmawei Mawio’mi has an interest in the common priority, a mandate to pursue the action will be drafted and reviewed during the assembly.

Negotiation Mandate’s Protocol

Pre-Mandate

  • Leadership has confirmed interest to engage in discussion/negotiation
  • Government/Proponent has confirmed interest to engage in discussions/negotiations
  • Subject matter is compatible with “Mi’gmaq Principles”
  • MMS Nutewistoq and/or Agnu’tmatesnu assess if sufficiently equipped to fulfill mandate
  • Core team members have been identified
  • Budget is identified and/or secured
  • Planning has been done or is in the process
  • Documents, research and data being gathered
  • Leadership has formally mandated MMS and Nutewistoq to negotiate pursuant to valid OIC/Resolution. When MM resolution, additional OIC/Resolution from 3 communities are required

Mandate

  • Mandate confirmation form has been completed and all authorisations have been granted by Leadership
  • None disclosure agreement (when required) has been ratified by Parties
  • Communications to Government/Proponent have been sent and confirmation to engage into negotiations have been received
  • Negotiation agenda or plan has been agreed by the parties
  • Team is ready, research and data gathering is completed or sufficiently advanced
  • Nutewistoq is reporting back to Leadership as initially agreed and detailed instructions are provided to validate negotiations’ results as they become available
  • Negotiations are successful when an agreement is reached or unsuccessful when a Party terminates the discussions

Post-Mandate

  • Legal Counsel proceeds with legal review, final drafting and due diligence
  • Agreement is presented to the leadership for final review and acceptation 
  • Team presents results of negotiations to citizens (when requested by Leadership)
  • Agreement is translated in French, English and/or Mi’gmaq language when requested
  • Nutewistoq prepares and presents his/her final negotiation report to Leadership
  • Nutewistoq recommends ratification of Agreement by Leadership
  • Leadership formally ratifies Agreement with OIC/Resolution. When MM Resolution, additional OIC/Resolution from 3 communities is required
  • Agreement is ratified by the Parties. This could include a ratification vote by the citizens

Current Negotiations

The Mi’gmawei Mawio’mi approved and signed a Trilateral Framework Agreement in 2012, which expired in 2016. Since then, the MM has mandated the Agnutmatesnu to re-establish the Steering and Technical Committee, which would focus on the renewal of the framework agreement.

Frequently Asked Questions

A framework agreement is a foundational agreement that outlines the basic principles, terms, and scope for a future contract between the Mi’gmaq, Quebec, and Canada. It serves as a roadmap for negotiations and the development of a more detailed and comprehensive agreement. The framework agreement is among the six specific steps proposed in the federal comprehensive land claim policy between the acceptation of the claim by Canada and the negotiation of an agreement of principle. The framework agreement does not create legal obligation to the signing parties (non biding).

A framework agreement does not affect in any way the rights of the Mi’gmaq people, including their Aboriginal or Treaty rights. These rights are protected by Section 35 of the Constitution Act, and a framework agreement respects and upholds these rights.

We, the Mi’gmaq have our say regarding the content and provisions of a framework agreement include since it is negotiated with Canada and Quebec. We can incorporate clauses that protect and do not impact previous agreements, such as the Marshall Decision or the Peace and Friendship Treaties.

No, a framework agreement is not permanent. It can be reopened, renegotiated, or cancelled if necessary. It is terminated whenever a final agreement is reached between the Parties.

No, a framework agreement does not diminish the significance of the Peace and Friendship Treaty for the Mi’gmaq people. The treaty holds deep cultural importance and any progress made through a framework agreement respects and upholds the rights and principles outlined in the treaty.

Yes, the direction and support of the Mi’gmaq leadership and their Councils are essential for approving anything related to the framework agreement. The process for community approval needs extensive community engagement, which you will see soon!

The MMS is planning to seek your input in the community to discuss in detail the framework and invite you to contact or visit us!

Current Negotiations

The Mi’gmawei Mawio’mi approved and signed a Trilateral Framework Agreement in 2012, which expired in 2016. Since then, the MM has mandated the Agnutmatesnu to re-establish the Steering and Technical Committee, which would focus on the renewal of the framework agreement.

Frequently Asked Questions

A framework agreement is a foundational agreement that outlines the basic principles, terms, and scope for a future contract between the Mi’gmaq, Quebec, and Canada. It serves as a roadmap for negotiations and the development of a more detailed and comprehensive agreement. The framework agreement is among the six specific steps proposed in the federal comprehensive land claim policy between the acceptation of the claim by Canada and the negotiation of an agreement of principle. The framework agreement does not create legal obligation to the signing parties (non biding).

A framework agreement does not affect in any way the rights of the Mi’gmaq people, including their Aboriginal or Treaty rights. These rights are protected by Section 35 of the Constitution Act, and a framework agreement respects and upholds these rights.

We, the Mi’gmaq have our say regarding the content and provisions of a framework agreement include since it is negotiated with Canada and Quebec. We can incorporate clauses that protect and do not impact previous agreements, such as the Marshall Decision or the Peace and Friendship Treaties.

No, a framework agreement is not permanent. It can be reopened, renegotiated, or cancelled if necessary. It is terminated whenever a final agreement is reached between the Parties.

No, a framework agreement does not diminish the significance of the Peace and Friendship Treaty for the Mi’gmaq people. The treaty holds deep cultural importance and any progress made through a framework agreement respects and upholds the rights and principles outlined in the treaty.

Yes, the direction and support of the Mi’gmaq leadership and their Councils are essential for approving anything related to the framework agreement. The process for community approval needs extensive community engagement, which you will see soon!

The MMS is planning to seek your input in the community to discuss in detail the framework and invite you to contact or visit us!