BETWEEN:
THE INNU NATION
AND:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, hereinafter referred to as “Canada”
AND:
HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND, hereinafter referred as “Newfoundland”
PREAMBLE
WHEREAS neither the Innu Nation nor its predecessor organizations nor the people of
the Innu Nation have ever signed a treaty with the British Crown, Her Majesty the Queen in
Right of Canada, or Her Majesty the Queen in Right of Newfoundland;
AND WHEREAS the Inn Nation representing the Innu of Labrador and Canada and
Newfoundland intend to undertake negotiations to expeditiously conclude a treaty; (hereafter
referred to as the “final agreement”)
AND WHEREAS the parties intent to conclude this framework agreement to govern the
conduct of their negotiations which is non-binding and without prejudice to their respective legal
and political positions;
NOW THEREFORE, the parties agree as follows:
1. The Purpose of the Framework Agreement
1.1 The purpose of this framework agreement is to enhance the effectiveness of the
negotiation process.
1.2 This agreement:
(a) sets out an approach to and process for negotiations;
(b) identifies the scope of negotiations; and
(c) establishes an agenda and timetable for negotiations.
1.3 It is intended that the process set out herein will lead to an agreement-in-principle
and a final agreement based on the agreement-in-principle.
2.1 The parties to the agreement-in-principle and the final agreement will be the Innu
Nation, Canada and Newfoundland.
3. A Process for Establishing Interim Measures
3.1 As the first order of business leading to negotiation of the agreement-in-principle,
the parties will negotiate a process for establishing interim measures.
3.2 The process referred to in 3.1 will be set out in a schedule to this agreement, and
will be established when the schedule is approved by the parties and signed on
their behalf by their authorized representatives.
4.1 Negotiations will include but are not limited to the following subject list. Each of
the parties may raise a broad range of topics for negotiation under each subject,
including impacts upon each subject and any aspect of each subject:
4.1.1 Definitions
4.1.2 General Provisions
4.1.3 Eligibility and Enrolment of Beneficiaries
4.1.4 Ratification Process
4.1.5 Ethnocultural and Archaeological Sites and Artifacts
4.1.6 Resource Harvesting Activities
4.1.7 Land and Water, including Coastal Waters
4.1.8 Renewable and Non-renewable Resources
4.1.9 Economic Development
4.1.10 Environmental Protection and Management
4.1.11 Parks and Protected Areas
4.1.12 Innu Government
4.1.13 Financial Compensation
4.1.14 Taxation
4.1.15 Certainty and Finality
4.1.16 Overlapping Issues with Other Aboriginal Peoples
4.1.17 Implementation
4.1.18 Dispute Resolution process for the Final Agreement
4.2 Any party may raise for discussion any subject matters in addition to the subject
list referred to in section 4.1 and additional subjects may be added to the subject
list by the agreement in writing of all of the chief negotiators. Agreement to
negotiate subject matters does not constitute a commitment by any party to reach
agreement on all or any such subjects, nor to agree to all or any provisions
proposed in relation thereto.
5.1 The parties propose to reach an agreement-in-principle within three years of the
signing of this agreement, and to complete a final agreement within two years of
signing the agreement-in-principle.
6. Process to Conclude an Agreement-in-Principle and a Final Agreement
6.1 The main table is responsible for directing and carrying on the negotiations to
conclude the agreement-in-principle and the final agreement. Whenever
necessary, and under its direction, the main table may set up working groups and
define their mandates. Such working groups will report to the main table as
requested to do so by the main table.
6.2 The parties will work towards a sub-agreement on each subject matter.
6.3 Upon agreement of the chief negotiators, the parties may:
a) work on more than one subject matter at a time; and
b) vary the number and scope of sub-agreements.
6.4 Subject to section 6.3, the parties will negotiate the subjects in the order agreed to
by the chief negotiators from time to time.
6.5 A sub-agreement of the agreement-in-principle will be completed for
consideration by the principals once it is initialled by the chief negotiators.
6.6 Any sub-agreement of the agreement-in-principle that has been initialled may be
reopened at any time upon the request of a chief negotiator. If a sub-agreement is
reopened, the chief negotiators will again signify that the sub-agreement is
completed for consideration by the principals by initialling any amendments to the
sub-agreement.
6.7 Once all sub-agreements of the agreement-in-principle have been initialled the
parties will work towards completion of the agreement-in-principle incorporating
all sub-agreements and such other provisions as may be deemed necessary for
completion of the agreement-in-principle.
6.8 Unless the chief negotiators otherwise agree, negotiation sessions will be rotated
among St. John’s, Ottawa, Sheshatshiu and Utshimasits.
6.9 As a general rule, negotiation sessions will be held on a monthly basis and each
session will be at least three days in duration. The parties recognize that longer
sessions may be required for certain subject matters. Each of the parties intend
that days set aside for negotiations be used for negotiations and caucusing.
6.10 When negotiation sessions are held in St. John’s, Ottawa, Sheshatshiu and
Utshimasits the sessions will be hosted by, and expenses for session facilities will
be paid by, Newfoundland, Canada and the Innu Nation respectively. If the chief
negotiators agree on another venue for negotiations, they will agree on how costs
will be paid.
6.11 The negotiation sessions will not be formally chaired by any party or person, but
will be informally chaired by the host chief negotiator.
6.12 The agreement-in-principle will be concluded once it has been approved by the
people of the Innu Nation, Canada and Newfoundland, and is signed on behalf of
the parties by their authorized representatives.
6.13 After the agreement-in-principle has been concluded, the parties will work
towards completion of the final agreement based on the agreement-in-principle.
6.14 The final agreement will be concluded once it has been ratified by the people of
the Innu Nation, the Parliament of Canada and the Newfoundland Legislature, and
is signed on behalf of the parties by their authorized representatives.
7.1 As a general rule, the method of work will consist of formulating proposals and
counter-proposals on each subject matter or matters to be negotiated with the Innu
Nation normally initiating proposals. Notwithstanding the foregoing, Canada or
Newfoundland may table proposals on a subject matter or matters to be
negotiated.
7.2 Pursuant to section 6.3 and section 6.4, and for the effective implementation of
section 7.1, the chief negotiators may agree to merge lists of agreed negotiating
subjects into groups of related subjects and negotiate the subjects by groups.
8. Funding of the Negotiations
8.1 Subject to the terms of the funding agreements, Canada undertakes to fund the
Innu Nation their cost of negotiations, including their participation in the process
to be established under section 3, subject to funding levels being approved by
Parliament for this purpose. Funding levels to reflect the level of activity
determined by the parties will be established by agreement between the Innu
Nation and Canada each year.
9.1 The size and composition of each party’s negotiation team will be determined by
its chief negotiator and the size will be reasonable.
9.2 Individuals who are not members of negotiation teams shall attend negotiation
sessions only with the approval of the host chief negotiator.
9.3 Any chief negotiator can request a short recess in a negotiation session at anytime.
10.1 The parties agree that individuals, groups or organizations having an interest in
the outcome of the negotiations should be knowledgeable and well informed
regarding the general status, aims, objectives and progress of the negotiations and
for that purpose:
10.1.1. from time to time, the parties may jointly attend meetings with such
selected individuals, organizations or groups as the parties may agree will
assist in the process of consensus building;
10.1.2 any of the parties may, separately, carry out such additional information
and education initiatives as they see fit, including initiatives to obtain a
broad range of input, and
10.1.3 except to the extent that the chief negotiators agree that disclosure is
necessary or desirable to achieve the objectives of keeping the general
public informed as described above, details of positions and documents
exchanged or developed by the other parties during negotiations will be
confidential.
10.2 The provisions of this section will not apply to the media and the parties agree
that communications with the media will be governed by section 11.
11.1 The parties will, from time to time, make an effort to issue joint statements
to the media on the progress of negotiations.
11.2 The parties may separately from time to time outline general positions to
the media on negotiation issues. At these times, details of positions and
documents exchanged or developed by the other parties during
negotiations will be treated as confidential.
12.1 The Innu Nation will take initial steps to resolve overlapping issues related to the
subject list in section 4.1, if any, with other Aboriginal groups or organizations
whose comprehensive claims have been accepted for negotiations.
12.2 In the event that the Aboriginal groups or organizations referred to above do not
reach agreement with the Innu Nation on those overlapping issues referred to in
this section, the parties will consider other options to resolve the issues.
12.3 Nothing in this section is to be interpreted as:
(a) a recognition or acceptance by any of the parties of any overlapping issues
referred to herein;
(b) including any Aboriginal groups or organizations with overlapping issues
referred to herein as a party to these negotiations, or
(c) binding any party hereto to accept the provisions of any agreement on
overlapping issues to which it is not a party.
13. Status of the Final Agreement
13.1 Other than the Innu government provisions negotiated between the parties, the
final agreement shall be a land claims agreement within the meaning of Section
35(3) of the Constitution Act, 1982.
13.2 The Government of Newfoundland and Labrador does not agree that the Innu
government provisions negotiated between the parties should be afforded
constitutional protection under Section 35(3) of the Constitution Act, 1982.
13.3 The present position of the Innu Nation is that the Innu government provisions
negotiated between the parties should be afforded constitutional protection under
Section 35(3) of the Constitution Act, 1982.
13.4 The present position of the Government of Canada is that Canada is prepared,
where the other parties agree, to have certain of the Innu government provisions
negotiated between the parties afforded constitutional protection under Section
35(3) of the Constitution Act, 1982.
13.5 The parties agree that the issue of constitutional protection of the Innu
government provisions will be further discussed during the course of negotiations.
14. Federal and Provincial Government Programs
14.1 During negotiations, the people of the Innu Nation ordinarily resident in the
communities of Sheshatshiu and Utshimasits will continue to have the same rights
and be eligible to receive the same benefits as any other citizens.
14.2 During negotiations, the people of the Innu Nation, the Innu Nation and the band
councils of Sheshatshiu and Utshimasits will have access to the levels to which
they are eligible:
14.2.1 to the various federal government programs and services, including
aboriginal programs and services, as they are from time to time, and
14.2.2 to the various provincial government programs and services offered to
residents of Newfoundland as they are from time to time,
in accordance with the usual application and policies governing such programs and
services.
15.1 Nothing in this agreement is to be interpreted as creating, recognizing or denying
rights or obligations of any of the parties. All negotiations to be undertaken
pursuant to this agreement and any positions taken by any party in these
negotiations are without prejudice to the legal positions that may be taken by any
of the parties in a court of law or otherwise.
SIGNED IN St. John’s in the Province of Newfoundland
this twenty-ninth day of March, in the year 1996.