New Brunswick Aboriginal Peoples Council - http://www.nbapc.org
Mi’kmaq and Maliseet Comprehensive Land Claim
http://www.nbapc.org/articles/7/1/Mikmaq-and-Maliseet-Comprehensive-Land-Claim/Page1.html
By New Brunswick Aboriginal People's Council
Published on October 18th, 2008
 

In 1994 the Minister of Indian and Northern Affairs Canada (INAC) informed all representative organizations of Mi’kmaq and Maliseet in New Brunswick that only one comprehensive claim would be considered for acceptance by the federal government, and that it must include both on and off-reserve as well as status and non-status participants. Accordingly, the Union of New Brunswick Indians and the NBAPC were recognized by Canada as parties to the claim, and funded to complete relevant claims research materials.


Introduction

In 1994 the Minister of Indian and Northern Affairs Canada (INAC) informed all representative organizations of Mi’kmaq and Maliseet in New Brunswick that only one comprehensive claim would be considered for acceptance by the federal government, and that it must include both on and off-reserve as well as status and non-status participants. Accordingly, the Union of New Brunswick Indians and the NBAPC were recognized by Canada as parties to the claim, and funded to complete relevant claims research materials.

In 1996 the federal Minister of Indian Affairs (Hon. Ron Irwin) informed the leadership of NBAPC and UNBI that he would require cooperation between us if he were to consider funding the completion of land claims research or if he were to offer to start comprehensive land claim and self-government talks.

“The claim has now reached the stage where a co-ordinated effort is required on the part of all parties to the claim, namely the MAWIW Council, the UNBI and NBAPC….In order for the claim to proceed, my department now requires confirmation in writing that the MAWIW Council is prepared to work in a co-ordinated effort with UNBI and NBAPC...”

Minister Irwin formally and explicitly acknowledged NBAPC along with UNBI and MAWIW as a full party to a joint Comprehensive Land Claim for Mi’kmaq and Maliseet in New Brunswick. As a result, NBAPC, UNBI and the newly formed MAWIW signed a Political Accord affirming that we would jointly research and negotiate any land claim. This Accord commits us to work together and in cooperation to negotiate any comprehensive settlement of our outstanding Aboriginal rights and titles.


Accord on New Brunswick Comprehensive Land Claims Cooperration
 In 1999 NBAPC signed a Political Accord with MAWIW and UNBI. That Accord commits us to work together and in cooperation to negotiate any comprehensive settlement of our outstanding aboriginal rights and title. Following the Marshall decision in 1999, Canada has shown some willingness to establish a long-tern implementation of Treaty rights and Aboriginal rights and titles, by giving Mr. Tom Molloy, Chief Federal Negotiator, a mandate to establish a process that addresses all these matters. Mr. Molloy and I have net four times to explore process options and issues, and as a result of this we are preparing for more formal discussion with all parties at the table.

Accord on New Brunswick Comprehensive Land Claims Co-operation


Chief Betty Anne Lavallee's announcement of the tri-partheid partnership
(video, 650kb)

Canada’s Response to Our Land Claim
Mr. Molloy comments at the Folk Law and Legal Pluralism Conference

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 must be conducted with interested parties here in the Province of New Brunswick. These discussions will be focus on designing a process whereby Aboriginal and Treaty Rights can be implemented.


Mr. Molloy comments at the Folk Law and Legal Pluralism Conference
(video, 2.7mb)