E/CN.4/2005/88/Add.3
page 13
46.
Despite official promises to the contrary, and except in northern Quebec and the
Northwest Territories, the amount of land allocated for use by Aboriginal people is extremely
small. Aboriginal lands south of the 60th parallel (mainly Indian reserves) make up less than
one-half of one per cent of the Canadian land mass. Métis land claims have not been dealt with
in any significant way, except partially in Alberta, leaving the Métis without a land and resource
base and with no way of settling their grievances at the national level. Some Aboriginal nations
have not received any land allocations and there have been few mechanisms to allow for the
extension of the land and resource base of First Nations as their populations and needs grow. In
other cases, the lands concerned are being denuded of natural resources before Aboriginal claims
are recognized and can be addressed. The Special Rapporteur agrees with the recommendation
made by RCAP that a possible solution could be the establishment of regional treaty
commissions and an Aboriginal lands and treaties tribunal.
D. Prospects and problems of natural resource management
and environmental conservation
47.
The Special Rapporteur received numerous complaints from Aboriginal people regarding
issues relating to their access to natural resources such as forests and fisheries. Their inherent
right over natural resources is in many instances not recognized by the various orders of
government and frequently the authorities apply other laws and statutes that limit the exercise of
such Aboriginal rights.
48.
For example, the Anishinaabe Nation in Ontario have experienced high levels of mercury
contamination in their waters, fish and wildlife as a result of industrial wastes and poor forest
management by non-Aboriginal business corporations, so that the health of the local population
has been seriously affected. The Nation’s Grand Chief insisted that “the health of the land and
the people must be valued higher than the profit margins and stock values of multinational
corporations”, and that the community demands full partnership and participation in the
management of their resources in view of their own sustainable development. Road blockades
to stop people and equipment from engaging in activities that are not in compliance with
Anishinaabe law, such as clear-cutting, began at Grassy Narrows in December 2002.
49.
By the late 1980s, the combined effect of clear-cut logging, flooding and fluctuating
water levels from the operation of dams and reservoirs, as well as the depletion of fish and game
stocks, caused the Algonquins of Barriere Lake, Quebec, to organize a peaceful campaign of
protests and blockades. Eventually, they signed a trilateral agreement with the federal and
provincial governments that provides for local participation in resource management decisions.
While the Government has provided resources to upgrade the housing stock in Barriere Lake,
living conditions in the community are still below average, the housing situation is severe, and
poverty and unemployment are high. Internal community divisions continue to plague
negotiations with the authorities, and full implementation of the agreement has not yet been
achieved.
50.
As a result of two landmark Supreme Court decisions (Sparrow and Marshall) declaring
that there is an Aboriginal right to fish for food and for social and ceremonial purposes, which
takes priority over all other uses of fishery except conservation, the Department of Fisheries and
Oceans decided to manage fisheries in agreement with 30 of the 34 affected First Nations; it also
signed longer-term fishery agreements with 22 bands, and negotiations are continuing. The