New Brunswick Aboriginal Peoples Council - http://www.nbapc.org
Implementing Aboriginal Treaty Rights
http://www.nbapc.org/articles/5/1/Implementing-Aboriginal-Treaty-Rights/Page1.html
By New Brunswick Aboriginal People's Council
Published on October 18th, 2008
 

It is no surprise that at this time in our history the Federal Government of Canada is acting on issues that deal with Aboriginal Treaty Rights. After The Donald Marshall decision came down in 2001, the Minister of Indian Affairs and Northern Development Robert Nault, offered to commence exploratory discussions with the Mi’kmaq and Maliseet of New Brunswick, Prince Edward Island and Quebec to get a better understanding of the goals and expectations of each of the parties with respect to issues of Aboriginal Treaty rights and identify areas where progress is possible. Following these exploratory discussions, the parties could decide whether to enter into a formal negotiation process. Involving provincial governments in processes of dialogue is a key objective for the federal government.


Donald Marshall Decision 2001


It is no surprise that at this time in our history the Federal Government of Canada is acting on issues that deal with Aboriginal Treaty Rights. After The Donald Marshall decision came down in 2001, the Minister of Indian Affairs and Northern Development Robert Nault, offered to commence exploratory discussions with the Mi’kmaq and Maliseet of New Brunswick, Prince Edward Island and Quebec to get a better understanding of the goals and expectations of each of the parties with respect to issues of Aboriginal Treaty rights and identify areas where progress is possible. Following these exploratory discussions, the parties could decide whether to enter into a formal negotiation process. Involving provincial governments in processes of dialogue is a key objective for the federal government.

“The Government of Canada is committed to building productive, sustainable relationships with First Nations through negotiations and co-operation, rather than litigation. The Government is confident that the next three years will bring significant progress on those goals.”
(INAC, Robert Nault, 2001)

Robert Nault

In February 2001, Canada appointed Mr. Thomas Molloy, Chief Federal Negotiator in relation to finding long-term solutions to the issues surrounding Aboriginal and Treaty Rights in the Maritimes. As part of that mandate preliminary discussions and must be conducted with interested parties here in the Province of New Brunswick.

In the sprit of cooperation’s the NBAPC has agreed to participate in this process though the facilitation of preliminary discussions.

Representatives for the NBAPC have held meetings throughout the province of New Brunswick, in order to solicit views pertaining to the Treaty concerns. During these meeting the facilitators also shared information with the communities regarding the Molly process, and the direction that this process would potentially take.


Views Collected from Our Members

 

  • What is Mr. Molloy’s mandate, what is a mandate?
  • Is Mr. Molloy here to negotiate Modern Treaties? like BC
  • Participants expressed unconditional opposition to making new Treaties, they want existing Treaties honored and respected.
  • Participants expressed unconditional opposition to extinguishment of rights, existing Aboriginal and Treaty rights must be honored and respected.
  • Are aboriginal leaders already negotiating our Treaty Rights? Will the people be involved in any negotiation process?
  • Participants asked, "Can we negotiate our own Treaty Right?" (Participants do not trust the band Chiefs to negotiate their rights.)
  • What rights are being negotiated? Do the people have a say in negotiations?
  • Are the Chiefs negotiating hunting rights?
  • Why has it taken so long to get information on Rights? It is difficult to individually gather necessary information to be adequately informed about Aboriginal and Treaty Rights.
  • Participants asked for more meetings, more information and resources; come back to present to larger audience and other interested community members.
  • Participants need some time to absorb all the information before giving input or sharing concerns.
  • Participants want to be involved in more information sessions that specifically address topics for discussion, such as: access to harvesting resources, access to land, representation in negotiation, education, beneficiaries, compensation, ect.
  • Parents would like presentations given at local schools, because of the difficulty encouraging teens to attend public meetings. Parents want their children to be educated on their rights and responsibilities.
  • We must work together with other organizations such as MAWIW, and UNBI as well as Traditional Aboriginal groups, including elders, women and youth.
  • We must preserve rights for those who are not yet born.
  • What are the roles and responsibilities do we, the people, play in defining access to Treaty rights?
  • More non-aboriginal people must be educated on Aboriginal and Treaty rights.
  • Participants expressed distrust toward the Provincial Government as well as industrious companies such as Irving LTD.
  • Want the land Claim or Land Title issue addressed. Is Mr. Molloy here to negotiate Land Claims?
  • Aboriginal people must be compensated for land issue such as loss of use, expropriation, Aboriginal title.
  • Its is essential that the people (especially the traditional and non-traditional Elders) are involved somewhat in the negotiation process either on boards or committees or as advisors to Chiefs or negotiators. Chiefs likewise have a responsibility to share information with the people, currently this is not happening.
  • More dedication to teaching youth about their rights
  • Passamaquoddy must also be included in Treaty process as well as Aboriginal rights issues.