E/CN.4/2005/88/Add.3 page 8 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.

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