E/CN.4/2005/88/Add.3
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21.
In recent years these issues have been brought before the Supreme Court for legal
interpretation, and certain landmark cases have contributed to reaffirming Aboriginal rights in
various areas. It is claimed, however, that indigenous communities must often return to the
courts to obtain compliance by the Government with earlier court decisions. This has led to
almost endless and costly litigation so that all parties involved appear to be eager to find other
more efficient solutions. A possible alternative would be legislation on Aboriginal treaty and
constitutional rights. A step in this direction was taken in October 2004 with the introduction in
the Senate of the First Nations Government Recognition Act (Bill S-16).
22.
Concerning self-governance issues that are crucial for most of the Aboriginal peoples in
the country, Canada announced the Inherent Right Policy in 1995, based on a general recognition
of the inherent right of self-government as existing within the Constitution. The central
objective of self-government agreements is to provide clarity and predictability for the exercise
of law-making powers by Aboriginal, federal and provincial/territorial governments. First
Nations, however, remain sceptical.
23.
Agreements between the federal, provincial/territorial governments and Aboriginal
groups may bring benefits to Aboriginal peoples but the uneven negotiating power between the
parties tends to tilt the balance in favour of the interests of the federal or provincial governments.
This is especially true for the long-term release or extinguishment of Aboriginal rights to land
and resources, which are recognized and affirmed in the Constitution. For instance, according to
the Labrador Land Claims Agreement the Inuit will cede and release all their Aboriginal rights
outside Labrador Inuit Lands. Yet the more than 40 Aboriginal rights rulings by the Supreme
Court of Canada in the last 30 years have begun to redress the imbalance of negotiating power
between governments and claimant Aboriginal groups.
24.
Currently, Canada is negotiating at approximately 72 tables with 437 Aboriginal
communities. In British Columbia, the Yukon, the Northwest Territories, Quebec and Labrador,
self-government is being negotiated in conjunction with comprehensive land claims. In the
Prairie provinces, Ontario and parts of Quebec, self-government is being negotiated as
stand-alone. Negotiations are usually tripartite, involving the federal and provincial/territorial
governments and the Aboriginal community or nation.
25.
Most Inuit in the North share in one of several land claims agreements: the Inuvialuit
Final Agreement (1984) in the western Arctic, the Labrador Inuit Land Claims Agreement
(initialled by negotiators in 2003, but not yet finalized), and the Nunavut Land Claims
Agreement Act and the Nunavut Act (1993), which created the new territory of Nunavut in 1999.
26.
Following the James Bay and Northern Quebec Agreement of 1975 involving the Cree
and Inuit of Northern Quebec, a further agreement known as “La Paix de Braves” was struck
between Quebec and the James Bay Cree in 2002, by which Quebec’s socio-economic
responsibilities were transferred to the Cree through the establishment of several joint councils
that deal with economic development, forests, mines, and hydroelectric management. Because
the original agreement was not accompanied by an implementation plan, Canada is currently
engaged in implementation negotiations with Quebec and the James Bay Cree.