TRANSCRIPTION/TRANSCRIPTION
NEWS CONFERENCE/CONFÉRENCE DE PRESSE
Transcription prepared by Media Q In exclusively for INAC
Transcription préparée par Media Q In exclusivement pour AINC
DATE/DATE: February 9, 2001 9:00 a.m.
LOCATION/ENDROIT: National Press Theatre
PRINCIPAL(S)/PRINCIPAUX: The Honourable Robert Nault, Minister of Indian Affairs and Northern Development;
The Honourable Herb Dhaliwal, Minister of Fisheries and Oceans;
James McKenzie, Federal Fisheries Negotiator
SUBJECT/SUJET: The Honourable Robert Nault, Minister of Indian Affairs and Northern Development and The Honourable Herb Dhaliwal, Minister of Fisheries and Oceans Announce Details of the Federal Government's Long-term Strategy to Address the Supreme Court's 1999 Marshall Decision to Build a Sustainable Treaty Relationship with Mi'kmaq and Maliseet Communities
Moderator: Good morning. Bienvenue au théâtre national de la presse. This morning we have the Minister of Fisheries, Herb Dhaliwal and the Indian and Northern Affairs Minister, Mr. Robert Nault, this morning with the chief negotiators. This morning Mr. Nault and Mr. Dhaliwal will be making an announcement of the negotiators to deal with the long term strategy regarding the Marshall Decision. The two ministers will be making initial statements and then we will take questions from the floor. For clarity, when I call on you I was also wondering if you could also when you stand repeat your name and news organization for the people taking the transcripts. Mr. Dhaliwal.
Hon. Herb Dhaliwal: I think Mr. Nault is starting out.
Hon. Robert Nault: Thank you very much. Good morning ladies and gentlemen. As I=ve said on several occasions -- and before I start I now realize that I=ve hit a certain age so I have to wear my glasses so we=ll start with that this morning -- as I=ve said on several occasions, in order to move forward together, we must deal with the grievances of the past. This means finding modern ways to ensure that the benefits that were intended to flow from the historic peace and friendship treaties actually do. The process we are here to announce today is part of our commitment to ensure that this vision is realized.
In September 1999 the Supreme Court of Canada confirmed that the Mi=kmaq and Maliseet people of the east coast have treaty rights to hunt, fish, gather to earn a moderate livelihood. From the outset I made it clear that my colleague, the Minister of Fisheries and Oceans, and I have complementary roles to play in addressing the aspirations of the Mi=kmaq and Maliseet people on the east coast, including the full implementation of the Marshall Decision and that we would have both short and long term goals to pursue. Minister Dhaliwal is working to expedite and facilitate the immediate participation of the groups affected by the Marshall Decision in the commercial fishery. In a moment he will provide his overall plan to deal with the fisheries aspect of the treaty rights affirmed by the Supreme Court in Marshall. As Minister of Indian Affairs and Northern Development, it is my responsibility to work on long term processes to address the broader issues of aboriginal and treaty rights. Clearly these are key to a viable economic base for aboriginal communities.
I=d like to provide you with an overview of our efforts during the past year and of our outcoming activities as it relates to those works in the last year. In my initial meetings with the Mi=kmaq and Maliseet leaders in the aftermath of the Marshall Decision, they requested that progress be made on urgent issues affecting the standard of living of their communities. They talked about the importance of economic development and increasing the land base of their reserves to address urgent social needs. To demonstrate my commitment and achieve immediate results, I have increased resources to build more diversified aboriginal communities both on the east coast and nationally and to address the shortage of land for the Atlantic first nations over the next few years. In addition to addressing these immediate concerns, my officials and I continued our discussions with the aboriginal and provincial partners in the Maritimes and Quebec.
I=m sure you=ve heard me say before and I want to reemphasize that this morning, our preferred approach and goal is to settle issues of aboriginal and treaty rights through broad tripartite negotiation tables. Over the past year I=ve made progress towards beginning these processes in Atlantic Canada. One month ago I reached agreement with the 13 Mi=kmaq chiefs of Nova Scotia and the government of Nova Scotia to begin negotiations on addressing issues of aboriginal and treaty rights. We agreed to appoint our respective chief federal negotiators as soon as possible to begin negotiations toward a framework agreement. Today I am pleased to announce the appointment of Mr. Thomas Malloy to the position of chief federal negotiator. A lawyer with the firm of McPherson, Leslie and Tyerman, Mr. Mallow possesses considerable experience and expertise in dealing with aboriginal issues, having successfully negotiated the Nunavut agreement and the Nisga=a Treaty in British Columbia. Mr. Malloy will represent Canada in the broader negotiation. This process is the one of course with aboriginal and provincial partners in Nova Scotia. This negotiation process will allow the parties to explore issues that are fundamental to their relationship and to eventually reach agreement on the scope and nature of Mi=kmaq rights to land, resources and self-government. In addition to leading the negotiations in Nova Scotia, Mr. Malloy will be in a position to commence exploratory discussions with the Mi=kmaq and the Maliseet of New Brunswick, Prince Edward Island and Quebec.
Now I=ve also mentioned to you in the past that I met with these first nation leaders a month ago and I propose to begin a scoping out process to get a better understanding of the goals and expectations of each of the parties and to identify areas where progress is possible. Following these exploratory discussions, I believe that the parties will be in a better position to decide whether to enter into a formal negotiation process. So far the Mi=kmaq chiefs of Quebec have responded favourably to this offer and I am still awaiting formal answer from the other Mi=kmaq and Maliseet chiefs. I also believe that it will be important to involve our provincial partners in any process of dialogue. This is an opportunity for all of us to build strong partnerships. All Canadians look to federal, provincial and aboriginal governments to find and implement solutions to these issues. It will also be critical to take into consideration the needs and interests of all affected third parties and the general public.
Now ladies and gentlemen, we have to be realistic. Setting up long term negotiation processes and reaching agreement on all issues of aboriginal treaty rights will take some time. In the meantime the federal government must respect the treaty rights of the Mi=kmaq and Maliseet affirmed by the Supreme Court of Canada in the Marshall Decision. Today my colleague and I are announcing a plan which will allow us to make good progress to address our treaty obligations and to show respect for our treaty relationship. Over the coming months Mr. Malloy will work closely with the fisheries negotiator appointed by the Minister of Fisheries and Oceans responsible to negotiate immediate access to commercial fisheries consistent with the Marshall Decision. Mr. Malloy will also be in a position to explore other practical measures beyond fishing with Mi=kmaq and Maliseet groups. Throughout this process it will be important, important for those of us in the government and all parties to show respect for the longstanding peace and friendship treaties and our continuing treaty relationship. To this end, I have asked Mr. Malloy to begin consultations with our aboriginal and provincial partners on the possible creation of treaty commissions in the Atlantic region to provide a forum for education and discussions on treaty related measures.
Today we are building on our success and renewing our commitment to fully implement the Marshall Decision and resolving broader aboriginal issues through dialogue and negotiation. I strongly believe that it is our responsibility, not the role of the courts, to define the relationship between aboriginal people, governments and Canadians in general. Yesterday again courts in both New Brunswick and Nova Scotia ruled in cases involving Mi=kmaq and Maliseet rights to resources. Numerous other cases are continuing to progress through the court system in Atlantic Canada. I sincerely believe that it=s time for all of us to try and reconcile our interests through honourable, respectful and good faith negotiations. I=m confident that the plan exposed today will provide us the tools to achieve that goal. I want to thank you for this opportunity to make this statement and I look forward to the questions. Herb?
Moderator: Mr. Dhaliwal.
Hon. Herb Dhaliwal: Okay, thank you very much. Thank you very much Minister Nault and thank you very much all of you for coming today. As you all remember, in the months that followed the Supreme Court of Canada=s Marshall Decision, first nations and established commercial fishermen throughout Atlantic region faced major uncertainty about their place in the fishery. There were some well publicized tensions between people who were dealing with that uncertainty and confronting the prospect of dramatic changes in an industry that they rely on for their livelihood. But for the most part, all parties showed goodwill, patience and a willingness to work together for sustainable solutions.
Following the Supreme Court decision my department worked hard to provide for increased first nation access to the commercial fishery. This was done through the negotiations of one-year fishing agreements. Increased access was achieved in a manner that accommodated the interests of non-native commercial fishermen while respecting the responsibility for conservation and an orderly fishery. But from the very beginning, the government has been clear that there would be a need to be a longer term process to address an expanded role for aboriginal communities in managing and profiting from natural resources, including the fishery.
Today I am pleased to be able to tell you that the longer term process -- what it will look like for the fishery. My colleague, Minister Nault, has told you about the work he is doing to address outstanding issues on aboriginal and treaty rights. But I want to explain what my department will do in a very practical way to make sure that first nations in Atlantic Canada see an immediate and beneficial increase in their access to the commercial fishery.
When the Marshall Decision was handed down it was clear that we needed to make some changes in the fishery. But I think it was equally clear that change needed to be managed carefully to ensure that progress was peaceful and was sustainable. We addressed that challenge through a negotiation. We talked with the Mi=kmaq and Maliseet communities about their needs, about their aspirations in the fishery and about their readiness to fish immediately. We negotiated agreements that responded to the unique circumstances faced by each band. And we consulted wit non-native commercial fishermen to keep them informed of the changes that were coming to the fishing industry and to fishing communities.
Today I want to tell you that we are still committed to negotiation as a means of addressing our obligations under Marshall. But we will no longer be negotiating on a year by year basis. Instead I=m renewing the mandate of the federal fisheries negotiator who will now be authorized to negotiate fishing arrangements of anywhere from one to three years according to the preferences of the communities. I=m pleased that Mr. James McKenzie has again agreed to serve in this capacity. Mr. McKenzie has a proven record of success in dealing with this important file and I=m pleased that he will again be representing the government in its fisheries negotiations. In the year following the Marshall Decision, Mr. McKenzie negotiated fishing arrangements with 30 out of 34 affected first nations. The increased fishery access provided through those agreements has a potential to generate landed value of more than $20 million per year. That translates into potential earnings of almost $14 million per year. The agreements also brought about a 174% increase in the number of commercial lobster enterprises fished by aboriginal communities. They have resulted in tangible change for the better for first nations in the Maritimes and the Gaspé.
Now as we launch a multi-year approach to honour our treaty obligations to provide increased fishery access, Mr. McKenzie=s experience will be key in continuing to ensure successful outcomes for all. Multi-year agreements will give greater flexibility to the Mi=kmaq and Maliseet communities in their negotiations and planning while offering more planning stability to non-native fishing communities in terms of their future in the fishery. We are making big changes in the fishery and to make them successfully, we need a planned, phased approach to ensure a smooth transition. The three-year process we=re embarking upon provides that planning stability. The agreements negotiated in this process will build on the successes of the initial one-year agreements while offering a more stable framework in which to explore issues like an expanded aboriginal role in management of their own fishing activities. And they=ll map out a blueprint for a focussed period of change along both aboriginal and non-aboriginal fishing communities to plan their fishing strategies for the longer term.