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IndigenousOpinion

Modern day treaties fundamentally reshaping Canada for the better

"These agreements enable indigenous peoples to begin to rebuild their communities or nations on their own terms,"leading to real reconciliation, according to business executive Clint Davis, consultant Kim Baird and lawyer Jason Madden.

Comprehensive land agreements key to real nation-to-nation relationships with indigenous peoples

Brian Mulroney signs the Nunavut Land Claim Agreement, 1993, with James Eetoolook, Paul Quassa, Titus Allooloo and Tom Siddon looking on. (Nick Newbery)

The Trudeau government has committed to resetting the relationship with First Nations, Mtis and Inuitpeople, and has rightfully made indigenous issues a national priority.

Progress will be slow, but thecommitments to implementing the Truth and Reconciliation Commission's 94 recommendations and anational inquiry on missing and murdered indigenous women and girls are steps in the right direction.

While these developments have created much needed optimism amongst indigenous peoples, creatingprocesses will not be enough: significant financial investments will be required.

The usual critics willsay that throwing "taxpayer money" at dysfunctional systems will not fix anything. Those critics, alongwith many Canadians, however, are often unaware of the success being achieved through modern daytreaties.

Advancing reconciliation

Thesecomprehensive land claims agreements,which settle long outstanding grievances and provide for real indigenousself-determination, require more understanding, attention and examination as we advance reconciliationin this country.

Since 1975, with the signing of the James Bay and Northern Quebec Agreement, 26 other modern daytreaties have been agreed to between theCrown and indigenous peoples covering nearly 40 per centofCanada's land mass.

These agreements have provided for indigenous ownership of over 600,000 squarekilometresof land, financial transfers of over $3.2 billion, co-management regimes, resource revenuesharing and law-making powers.

It is worth noting that some of these new treaties have been negotiatedwhere treaties already existedas a means to give effect to the original intent of those historic treaties.

This map is for illustration purposes only. (landclaimscoalition.ca/)

Real nation-to-nation relationships

These modern day treaties are fundamentally reshaping Canada for the better.We say this becausemodern treaties and self-government agreements are actually working. These agreements enableindigenous peoples to begin to rebuild their communities or nations on their own terms, with a solidconstitutional, legal, economic and governance foundation.

Instead of living under Crown-imposedsystems like the Indian Act, modern treaty holders have a vested interest in making their negotiatedagreements work.

These agreements also allow forinternal reconciliation to occur through better governance systems that increase transparency andrebalance accountability to indigenous citizensnot to officials in Ottawa.

Equally important, these agreements create real nation-to-nation relationships.They establish effective multilateral arrangements between all levels of government indigenous, federal,provincial, territorial, and municipal. These types of inter-governmental approaches make sense in afederation like Canada.

Through these arrangements indigenous governmentsare given the tools they need in the21st century, rather than continuing to tinker with the legislative relics of our colonial past.

Finally, these agreements provide much improved land and economic foundations that will enableindigenous governments to ultimately become self-determining and self-sufficient.

Rather thancontinuing to simply manage their own poverty, financial transfer agreements enablegroups to identify and spend on their own priorities to meet their citizens' needed.

Moreover, theseagreements include provisions that enable groups to unlock and meaningfully participate in economicopportunities throughout their territories.

Impact on regional economies

The impact on regional economies has been significant,and has happened in all areas of the country.

TheTsawwassen First Nation,just outside of Vancouver, is a partner inprojects totalling$750 million.The Tch government, and its businesses, hascontributed $450 million to theNorthwest Territories' economy over the last decade. Then there is themulti-million dollar revenue growth byNunatsiavut Group of Companies through aggressive business acquisition in Atlantic Canada.

Thesetreaties are allowing indigenous governments to become real partners with other governments andindustry.

These opportunities demonstrate that indigenous peoples are not opposed to resourcedevelopment in their territoriesif they are able to equally benefit and if there are environmental safeguards.

In the relatively short period since 1975, we are already seeing improved outcomes in health and socialindicators in modern treaty areas. Recent studies by the C.D. Howe Institute and the Fraser Institute alsoconfirm these agreements are paying off.

These results stand in stark contrast to otherfederal policy approaches.

Time to 'double down' on treaties

The answer is simple: Canada must double downon modern day treaty making with interested and willing indigenous peoples.

With a renewedcommitment, combined with necessary changes to currently outdated, ungenerous and legally suspectfederal policies, the logjams and delays that have developed over the last decade of indifference to treatymaking could begin to be removed.

Modern treaty making, includingthe potential use of these templates for historic treaty renewal or foraddressing the claims of other indigenous peoples, for those open to such an approach, is how real reconciliation with indigenous peopleswill be advanced.

It is the "real change" indigenous peoples are looking for.


Kim Baird (Coast Salish) is the former chief of the Tsawwassen First Nation, Clint Davis (Inuit) is theChair of the Nunatsiavut Group of Companies and Jason Madden (Mtis) is managing partner in thelaw firm Pape Salter Teillet LLP.