ASSEMBLY OF MANITOBA CHIEFS - MANITOBA KEEWATINOWI OKIMAKANAK

MANITOBA DEPARTMENT OF NATURAL RESOURCES

WORKING GROUP ON MANITOBA'S NETWORK OF PROTECTED AREAS

MEMORANDUM OF UNDERSTANDING

March 5, 1998

WHEREASThe Government of Manitoba (Manitoba) has expressed its commitment to establish a network of protected areas representative of all natural regions of Manitoba by the year 2000;

WHEREASThe Department of Natural Resources (DNR) as the lead agency, on behalf of Manitoba, has a requirement to consult broadly with all Manitobans in the establishment of protected areas;

WHEREASDNR acknowledges that Manitoba has a requirement to directly consult those Manitoba First Nations who may be affected by the establishment of protected areas pursuant to the consultative requirements pursuant to The ProvincialParks Act, and pursuant to the provisions of any agreements including Manitoba First Nations and Manitobarespecting lands, waters and natural resources;

WHEREASThe Assembly of Manitoba Chiefs (AMC) and the Manitoba Keewatinowi Okimakanak, Inc. (MKO) desire to ensure that any actions taken by Manitoba pursuant to the objective of establishing a network of protected areas representative of all natural regions of Manitoba by the year 2000 will not result in any infringement of the exercise of the existing aboriginal and Treaty rights of Manitoba First Nations, and that any potential infringement of the exercise of rights will be justified in accord with the approach set out by the Supreme Court of Canada in R. v. Sparrow [1990];

WHEREASManitoba acknowledges that First Nations can make an important contribution toward the identification and designation of protected areas, including the incorporation of the traditional ecological knowledge of Manitoba First Nations in this process;

WHEREASThe AMC and the MKO support in principle the goal of completing Manitoba's Network of Protected Areas by the year 2000 where First Nations' rights and interests are recognized;

WHEREASThe AMC and the MKO have identified the following rights and interests as important to Manitoba First Nations peoples:

-the continuing exercise of traditional hunting, trapping, fishing and gathering practices and pursuits;

-the selection of lands by First Nations for Treaty land entitlement purposes;

-the provisions of any agreements including Manitoba First Nations and Manitobarespecting lands, waters and natural resources;

WHEREASThe DNR, the AMC and the MKO recognize that a cooperative partnership would be mutually beneficial in achieving the goal of establishing a network of protected areas representative of all natural regions of Manitoba by the year 2000, recognizing that Manitoba has jurisdiction to take actions respecting protected areas on Crown Lands, subject to any existing treaty or aboriginal rights, and First Nations and the Government of Canada have jurisdiction to take actions relating to the protection of land on reserve lands, subject to Principle 5, below;

WHEREASThe AMC, the MKO and the DNR, hereinafter referred to as "the parties", have agreed to establish a Working Group in order to cooperatively develop a process, which by the year 2000, a network of protected areas representative of all natural regions of Manitoba will be identified, established and managed;

THEREFORE THE PARTIES EXPRESS THEIR COMMON UNDERSTANDINGS AS FOLLOWS:

A) The parties agree that the following principles are appropriate to guide the Working Group in the identification, establishment and management of protected areas:

1.Conserving the natural world for future generations is the common interest of the parties, and therefore the parties support the goal of establishing a network of protected areas representative of all natural regions of Manitoba by the year 2000.

2.Protecting ecological integrity includes the recognition and protection of First Nations' rights, interests and traditional pursuits.

3.Matters important to Manitoba First Nations peoples should be considered when identifying and designating protected areas, including cultural, spiritual and ecological values.

4.Consultations are required with any First Nation(s) directly affected by the potential establishment of any protected area before establishing the site as a protected area, including the establishment of any interim protection designation.

5.The objective and intent of DNR is to reach consensus with any First Nation(s) directly affected by the identification, establishment and management of a protected area before establishing that protected area, including the establishment of any interim protection designation. Where DNR does not reach consensus with a First Nation(s) which is directly affected, the Working Group will upon the request of DNR and the affected First Nation(s) consider options and may make recommendations to the parties with the intent of resolving any matter(s) under discussion between DNR and the affected First Nation(s), and those options and recommendations shall be considered by Manitoba and the affected First Nation(s) when making decisions within their respective jurisdictions.

6.Protected areas which will be established will notinfringe upon any existing aboriginal or Treaty rights of First Nations peoples, and will not be inconsistent with the provisions of any agreements between Manitoba First Nations and government respecting lands, waters and natural resources relating to that area.

7.It is important to consider the nature of the long term protection that a protected area may require, including protection relating to forestry, mining, and hydro-electric development.

8.The right of First Nations peoples to hunt, trap and fish under paragraph 13 of the Manitoba Natural Resources Transfer Agreement, part of the Constitution Act, 1930, will be respected within protected areas, and First Nations people shall continue to have a right of access to protected areas, including interim protection designations, for the purpose of exercising that right, including any reasonable means related to the exercise of that right.

8.1Any other existing treaty or aboriginal rights which First Nations peoples may have within protected areas will be respected.

8.2Any legal instrument establishing or governing those protected areas, including interim protection designations, will respect the rights referred to in paragraphs 8 and 8.1.

9.The role of affected First Nations in the management of the protected area will be addressed by DNR and the affected First Nation(s) during the consultation process. It is recognized that traditional knowledge of First Nations is integral to management and planning processes.

10.This Memorandum sets out areas of common understanding and policy of the parties, and is not legally binding or admissible in any legal proceeding. In keeping with the spirit of the memorandum, any party may terminate its involvement by providing notice to the other parties.

11.This Memorandum may be amended by agreement of the parties.

WORKING GROUP

The Working Group, made up of representatives of the parties, will develop frameworks to consult First Nations regarding the establishment and management of protected areas. The following items will be considered in developing the Working Group process:

1.Development of protocols for the Working Group including such items as membership; alternates; observers; selection of chair; decision-making process (e.g. consensus or majority vote, quorums, etc.); form, frequency and conduct of meetings, including agenda development, the documentation and circulation of minutes and decisions; reporting requirements; administration and budget requirements; and technical support.

2.Identify the roles, powers and functions of the Working Group.

3.Identify the scope of Working Group activities, including:

-to define "consultation" in the context of this Memorandum;

-to identify the essential factors needed to conduct a meaningful local First Nations community consultative process;

-to identify budgetary and technical support requirements for the conduct of Working Group activities, including the apportionment of the budgetary and technical support resources and responsibilities among the parties;

-to identify means for the Working Group to respect and operate in a manner consistent with the roles, powers and functions of existing management boards and committees;

4.Sharing information, subject to confidentiality and intellectual property considerations.

The authorized representatives of the parties have signed this Memorandum on the dates noted below:

The Government of Manitoba as represented by the

Minister of Natural Resources

__March 5, 1998______per: Original signed by: Hon. G. Cummings_ _

Date

The Government of Manitoba as represented

by the Minister of Northern Affairs

__March 5, 1998______per: Original signed by: Hon. D. Newman_ _

Date

Assembly of Manitoba Chiefs

__March 5, 1998______per: Original signed by: Grand Chief Rod Bushie

Date

Manitoba Keewatinowi Okimakanak Inc.

__March 5, 1998______per: Original signed by: Grand Chief Francis Flett

Date