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Section 35 of the Constitution Act, 1982 recognizes and
affirms the existing Aboriginal and treaty rights of the Aboriginal peoples
of Canada. Since the scope of Aboriginal rights is undefined, the Supreme
Court of Canada has encouraged land claims negotiations as the preferred
method for resolving disputed claims of Aboriginal rights and title. A
comprehensive land claims agreement is a modern treaty which provides an
Aboriginal group with clearly defined land, resource and self-government
rights. Such an agreement will create certainty and promote long-term
economic and social development. Once a land claims agreement is ratified
by both levels of government and the Aboriginal group, it will be
constitutionally protected as a modern treaty.
Land claims agreement negotiations involve three stages:
Framework Agreement, Agreement-in-Principle (AIP) and Final Agreement. This
process takes many years to complete, as there are many factors to consider.
We must ensure that the settlement is fair to everyone. At the same time,
the settlement must respect Inuit heritage, culture and tradition.
The following is a brief outline of the Agreement-in-Principle,
which will form the basis of the final land claims agreement. The Final
Agreement will likely take another couple of years to negotiate. Changes
will not come into effect until the Final Agreement is completed.
Land Categories
The final land claims agreement will create two areas of land – the Labrador
Inuit Settlement Area and Labrador Inuit Lands. The Settlement Area will
consist of 28,000 square miles of land and 17,000 square miles of adjacent
ocean extending out 12 miles (referred to as the Zone). The Settlement Area
includes the five Inuit communities of Nain, Hopedale, Makkovik, Postville
and Rigolet. In the northern part of the Settlement Area, approximately 3,700
square miles will be set aside for the establishment of the Torngat Mountains
National Park Reserve. Inuit will have special rights in all of these areas.
Within the Settlement Area, Inuit will own 6,100 square miles of land, which
is referred to as Labrador Inuit Lands. It is in this area where Inuit have
the most rights and benefits.
Mineral Resources
Existing mineral rights holders on Inuit Lands will continue to be administered
under provincial laws. The Inuit and Provincial governments must approve new
mineral exploration on Inuit Lands. In addition, Inuit will own 1,525 square
miles of quarry materials in designated portions of Inuit Lands.
Voisey’s Bay
An area of 85 square miles will be set aside for the Voisey’s Bay project.
The Inuit government will receive 3% of provincial mining revenues. Other rights
and benefits related to lands and resources will be negotiated before the Final
Agreement is concluded.
Economic Opportunities
Impacts and Benefits Agreements (IBAs) must be negotiated with the Inuit
government for large-scale developments in the Settlement Area, outside
Inuit Lands, and all developments on Inuit Lands.
Resource Royalty Sharing
Inuit will receive 25% of provincial revenues from mineral developments on
Inuit Lands. In addition, in the Settlement Area, outside Inuit Lands, they
will receive 50% of the first $2 million and 5% of any additional provincial
revenues from mineral resource developments.
Environmental Protection
Federal and provincial environmental assessment laws continue to apply
throughout the Settlement Area and on Inuit Lands. In addition, the
Inuit government can make their own environmental assessment laws on Inuit
Lands. Every effort will be made to ensure environmental assessment
processes are harmonized to avoid duplication and inefficiencies.
Land Use Plan
The Province and the Inuit government will develop a comprehensive land use plan
for the entire Settlement Area, including Inuit Lands.
Funding
The Federal government will provide $140 million to an Inuit trust fund. The
Inuit government must repay its land claims negotiation loan from these funds.
The Federal government will also provide $115 million to the Inuit government
to help them fulfill their implementation responsibilities under the Final
Agreement.
Renewable Resources
The relevant provincial or federal Minister retains ultimate authority for the
conservation and management of renewable resources throughout the Settlement
Area. Two boards will be established to advise the Federal and Provincial
governments on conservation and management of renewable resources. They are:
- Torngat Wildlife and Plants
Co-management Board
- Torngat Joint Fisheries Board
Board members will be appointed by the Inuit, Federal and Provincial
governments. Inuit will have the right to harvest year round for subsistence
purposes throughout the Settlement Area. Other residents will be able to
harvest in the Settlement Area, outside Inuit Lands, according to federal
and provincial regulations. If conservation requires that harvesting be
limited, Inuit will have first priority, but may also be required to reduce
their harvest.
If you are an outfitter or an owner of a sawmill, you can continue to operate
according to provincial laws. However, Inuit have the first option to
establish new outfitting and sawmill operations in the Settlement Area.
Inuit will be granted a percentage of new commercial fishing licenses in the
ocean Zone, and in Canadian fishing waters adjacent to the Zone. Existing
commercial licenses are unaffected.
Inuit Government
Two levels of Inuit government will be established:
The Inuit Central Government will have the authority to make and administer
laws as set out in the Final Agreement over lands and resources, and matters
such as Inuit education, health, and child and family services. This will enable
Inuit to have more control over their social, economic and cultural development.
Five Inuit community governments will replace the municipal governments in
Nain, Hopedale, Makkovik, Postville, and Rigolet. Community governments will
have the same powers as municipalities, plus any additional powers delegated
by the Inuit Central Government. All community residents will be entitled to
representation on community councils, but the head of the council must be Inuit.
Other Aboriginal Claims
If there are overlapping claims between the Labrador Inuit and neighbouring
Aboriginal groups, they can be negotiated and included in the Final Agreement.
If your would like more information please contact:
Labrador and Aboriginal Affairs
Government of Newfoundland and Labrador
P.O. Box 3014, Station B
Happy Valley-Goose Bay, LB
A0P 1E0
Telephone: (709) 896-2800
Fax: (709) 896-0045
Toll Free: 1-877-788-8822
Labrador and Aboriginal Affairs Government of Newfoundland and Labrador
P.O. Box 8700
St. John’s, NF
A1B 4J6
Telephone: (709) 729-0164
Fax: (709) 729-4900
www.gov.nf.ca/laa
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