www.versuntraite.com
Negotiations
- Why negotiate?
- Who is negotiating and where do things stand in the negotiations?
- How will the interests of Quebecers be taken into consideration?
- What strategy has been adopted to henceforth ensure a fair representation of the regional stakes at the negotiating table?
Why negotiate?
The Supreme Court of Canada has ruled that an aboriginal nation present on a territory when the Europeans arrived – and that has continued to frequent the territory ever since – has specific rights on that territory, known as “aboriginal rights”. An aboriginal right stems from a custom, a practice or a tradition that characterizes the culture of an aboriginal group.
Quebecers and the Innu have lived on the same territory for 400 years without ever clarifying these rights. To what extent can the Innu enjoy a certain political autonomy, hunt, fish, build camps and take part in decisions affecting the development of the territory? Still today, the Innu and Quebecers do not know. This situation creates a state of legal uncertainty that adversely affects economic development and undermines the good relations between the two communities.
Within this context, do we want to leave it up to the courts to impose a solution or do we prefer to negotiate one? The governments of Canada and Québec as well as most of the Innu communities have chosen to negotiate.
Who is negotiating and where do things stand in the negotiations?
At the present time, there are three negotiating tables:
- that of Mamuitun, which includes the communities of Essipit, Mashteuiatsh and Nutashkuan;
- that of Mamit Innuat, which includes the communities of Mingan, La Romaine and Pakua Shipi;
- that of Ashwanipi, which includes the communities of Uashat-Maliotenam and Matimekosh-Lac-John.
In April 2006, the Government of Québec appointed two new negotiators, Mr. Yves Fortier and Mr. Jean Bertrand. Since then, the discussions have resumed with the three groups:
Mamuitun
Meetings are generally held once every three or four weeks with the representatives of Québec, Mamuitun and the Government of Canada. The negotiations with this group are being conducted on the basis of the Agreement-in-principle of a general nature.
During the initial months that followed the resumption of negotiations, the discussions mainly dealt with transitional measures, as they are stipulated in Chapter 19 of the Agreement-in-principle. These measures aim, among other things, to make sure that the communities concerned are consulted adequately and that the terms and conditions stipulated in the Agreement-in-principle will be preserved until the signing of a final agreement. Consultation plans have been agreed upon to specify the terms and conditions of consultation for various departments.
In addition, the parties ratified a memorandum dealing with the participation of the communities of Mashteuiatsh, Essipit and Nutakuan in the preparation of the Plan for Public Land Development, in accordance with section 6.9.1 of the Agreement-in-principle. This pilot project will make it possible to experiment with the real participation process stipulated in the Agreement-in-principle.
Moreover, since the fall of 2006, discussions dealt with the various aspects of the chapter devoted to the territory. At this stage, the parties have basically expressed their positions and talked about their expectations in this respect, without however having agreed on a final text.
Mamit
The meetings began in the fall of 2006 and are held about every four weeks. This group has not yet signed an agreement-in-principle.
Thus far, the meetings have mainly dealt with general aspects of the negotiations, notably the frequency of meetings, the subjects that should be discussed on a priority basis and certain issues related to the territory.
Ashuanipi
A few preliminary meetings were held during the summer of 2006. Since the fall of 2006, the meetings have been more regular and are generally held every four weeks. This group has not yet signed an agreement-in-principle.
The parties agreed on how the negotiations will take place and notably discussed the general question of the rights of the Innu of Matimekush-Lac John on the territory subject to the agreements. A framework agreement that would serve as a guide for the negotiations is still being discussed.
How will the interests of Quebecers be taken into consideration?
It is up to the Government of Québec to defend the interests of Quebecers in its fields of jurisdiction. It must implement a special strategy so that negotiators truly take these interests into account. The public can make known its concerns to elected members and associations that are in charge of exerting pressure on the public administration and the government.
Following an analysis of the agreement-in-principle and the debates that have taken place, the Cabinet has set a certain number of guidelines for the negotiator who is representing Québec on the negotiating table.
The Government of Québec has also adopted a special strategy so that regional and global stakes are presented clearly throughout the negotiations.
What strategy has been adopted to henceforth ensure a fair representation of the regional stakes at the negotiating table?
During the next and ultimate negotiating phase, the Government of Québec will make sure that the population of Saguenay–Lac-Saint-Jean and that of the Côte-Nord are regularly informed and consulted.
A representative of the regions has taken up his duties
Québec’s negotiating team includes a representative of the regions. He sits on the negotiating table. A regional delegate and a coordinator will assist him in each of the two regions; they will be entrusted with the task of informing the population and finding out people’s concerns. The regional delegate can also accompany the representative of the negotiating table when necessary.
More specifically, the representative of the regions will:
- take part in the design and preparation of the information plan intended for regional populations;
- establish the conditions and adopt the mechanisms required to establish a sustained and constructive dialogue with regional stakeholders, including elected officials and spokespersons of sector-based groups, even with the population, to find out their concerns and to obtain their proposals during the negotiations, in particular on the subject of wildlife, vacationing, mines, the forest, good neighbour relations and socioeconomic development;
- put forward the concerns and proposals of regional stakeholders:
- to the Minister for Aboriginal Affairs,
- to the negotiators for the Government of Québec;
- attend the meetings of the negotiating table and collaborate in the strategy prepared by the negotiator for Québec.
The position of representative of the regions is vacant at the present time, but efforts are being made to fill this position. In the meantime, the other members of the regional representation team continue to be active.
The position of representative of the regions is occupied by Mr. Anthony Detroio.
* Pour revenir au site Web, fermez cette fenêtre
