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Meeting of the Premier and Chiefs

March 19, 2004

To read the Chiefs' statement Click Here:

Opening Comments by the Premier

 Again, I am pleased to welcome you to this meeting.   I also want to extend my appreciation to Gwen Bear, for the opening prayer. 

 I know that later today many of you will be presented with the Queen’s Golden Jubilee Medal by the Lieutenant Governor, on behalf of Her Majesty the Queen.  I want to congratulate you on receipt of the Jubilee Medal which commemorates the fiftieth anniversary of Her Majesty's reign as Queen of Canada and honors the contributions that you have made to your communities.

 I would also like to take this opportunity to congratulate the Chief and community of Eel Ground on their recent national recognition for technological achievement in their school. This is a very important accomplishment.

 As you know, Mr. Green, the Minister for Aboriginal Affairs and Natural Resources Minister Ashfield are with me today.  These are key Ministers dealing with issues of concern to you and your communities.

 I  believe that the relationship between the provincial government and the Mi’kmaq and Maliseet peoples is important to the future of the province and to all who live here.  Accordingly, I would like to identify some of the provincial government’s priorities and how these priorities relate to First Nations communities.

 One priority is quality education, which we are pursuing through the Quality Learning Agenda.  The goal of our Quality Learning Agenda is to create a world-class public education system that aspires to excellence and achievement at all times. 

 Our goal includes improving educational outcomes for aboriginal students.  The Department of Education, in conjunction with the Aboriginal Affairs Secretariat, is currently developing plans for a workshop later this year.  The purpose is to bring the educational staff from the provincial school system and the First Nations communities together to improve communication and cooperation.  You will be hearing more about this initiative from the Department of Education very soon. 

 I also would like to mention the work that is being done by the Commission on Legislative Democracy.   The Commission’s mandate is to examine and make recommendations on strengthening and modernizing our electoral system and democratic institutions and practices in New Brunswick.  One of the major topics that the Commission is studying is how well our electoral system reflects the diversity that exists within society.  The Commission is interested in meeting with aboriginal people to talk about its work and to obtain their views.  I expect that you will be hearing from the Commission within the next few weeks.

 Another priority is creating more jobs, which we are aggressively pursuing through our Prosperity Plan.  Our aim is to lead Atlantic Canada in new job growth over the next four years and increase personal income for working New Brunswick families.

 I know that the changing demographics and a looming shortage of skilled workers at all levels of the economy provides an exceptional opportunity for most First Nations Communities.  We as leaders must find a way to maximize this opportunity.

 I see economic development as continuing to be a priority area in our relationship with First Nations communities.  One example of what we can accomplish is the proposal called the Aboriginal Skills Employment Partnership that has been developed jointly by private industry, Natural Resources Canada, the provincial government, and First Nations communities for a career-based initiative in the forestry sector.  This proposal is about more than just training -- as important as that is – it would result in real jobs in the forestry sector with both industry and First Nation forestry.   I think that it is a very exciting initiative as it brings industry and First Nations together in a true partnership.  If the federal Department of Human Resources and Skills Development approves the proposal, all of the partners will need to work together to make it succeed.

 A third priority for my government is improving the relationship between First Nations and the Province.

 I understand that there are outstanding issues between us. Some of those are historical, some more recent. Some of these issues involve aboriginal and treaty rights while others involve economic development, education, training and so on.

 I believe that we can make progress on improving the relationship and in dealing with some of the outstanding issues. But improvements will only be achieved if we all work together. Processes must be put in place, which will allow our governments to work together on issues of common concern. 

 For example, on the aboriginal and treaty rights issues, the forum provided by the Chief Federal Negotiator is one that could bear fruit. The tripartite “Molloy” process is one that has achieved some success in other Canadian jurisdictions. The Province has accepted the invitation of the federal government to participate in exploratory talks and I understand that there have been several meetings at the officials level. Today, I would like to reaffirm my commitment and that of the Province to the exploratory talks on aboriginal and treaty rights.

 While the provincial government is committed to engaging in these exploratory talks, we have questions about the best approach to take, as I understand you do. What is the best mechanism for the talks? I raise this with you because to make any progress in this area, we need to know that First Nations communities support the process and the discussions that are taking place.

 In order to prepare for these tripartite discussions, we must sit down and discuss those bilateral issues that cause us both some frustration. I know that the Ganong Line is an issue that poses a problem to both aboriginal people and DNR staff.  The last time that we met, I undertook to have this matter reviewed.  That was done and I was advised that there are legal impediments to the Crown acting unilaterally on this matter.  However, that is not to say that no change is possible.  If we can come to a mutual agreement on how to deal with territoriality, I believe that that could provide a basis in law for a different approach.  I suggest that we give our officials a mandate to pursue this matter with the objective of developing an agreement.

 As you know, forestry is a major part of the provincial economy.  Our objective is to ensure the viability and sustainability of our forests for many decades to come. 

 The bilateral approach I am suggesting could also help us to achieve this objective. I think that we have started jointly to develop different avenues for discussion, especially relating to interim access to natural resources. For example, the Committee on Personal Use Wood has met with the mandate to set in place a process that would result in a mutually agreed solution for the gathering and use of wood for personal use. I am hoping that if this process works well, it can become a model that we can utilize to solve several of these outstanding issues.

 In December of last year, amendments to the Crown Lands and Forests 
Act and the Fish and Wildlife Act, to accommodate Aboriginal and treaty 
rights were introduced into the Legislature.  I understand that this caused 
feelings of anger and mistrust not only with the timing and contents of the 
amendments but also with respect to the lack of input by you, the Chiefs. I want to see us reach agreements on the personal and commercial use of wood as well as on moose harvesting. A negotiated approach that results in agreements is best for all of us. At the same time, it may be necessary to make amendments to the Crown Lands and Forests Act and the Fish and Wildlife Act. The amendments would do two things. First, they would give the Province the authority to enter into any agreements that may be reached with First Nations. Second, they would provide a regulatory framework should that be necessary. While I prefer a negotiated approach to these matters, time is of the essence. As part of this process, we would like to give you the opportunity to provide your input on any proposed amendments. It is my hope that we may achieve a mutually agreed framework for moving forward to assure First Nations’ access to resources.

 I want to note that the Minister of Natural Resources acknowledges the importance of consulting with First Nations communities in relation to Crown lands and he is committed to having appropriate consultations.  This is a matter that the Department of Natural Resources and the Aboriginal Affairs Secretariat are interested in pursuing with First Nations communities so that hopefully we can establish some mutually-agreed upon procedures.

 As you know, last year Patrick Francis was appointed as the Deputy Minister of Aboriginal Affairs.  Now, for the first time, we have a Deputy Minister devoted exclusively to aboriginal matters. Since he began in November, Patrick has been working on developing better communications and more positive relationships with you and your organizations.  It is my sincere hope that we can develop an open and constructive relationship so that we can work in partnership on many of the challenges that we are facing.

 Recently, I have given a mandate to the Secretariat. I want them to concentrate on the following:

·        Relations with Aboriginal Peoples

·        Quality of Life of Aboriginal People

·        And I want the Secretariat to play a leadership role in the provincial government.

 Some of the initiatives I have mentioned this afternoon will help to advance these goals.

 I think that we, as elected officials, should instruct our officials to continue to work on different processes and plans which could help advance our goals. I would like to propose that we have a meeting such as this one annually to reaffirm our commitment to work together to achieve progress for aboriginal people and communities in New Brunswick and to review that progress.  In the interim my Ministers will continue to meet with you on specific issues of concern that are within their mandates.

 In closing, I want to say that personally I am motivated to action by those who will come after us, our children.  It won’t be easy to address the challenges that we face but I believe that it is possible.

I look forward to hearing your thoughts on how we can move forward.

STATEMENT

BY THE

MI’KMAQ AND MALISEET

CHIEFS OF NEW BRUNSWICK

Presented to Premier Bernard Lord,

Premier of New Brunswick

Friday, March 19, 2004
CHIEFS OF NEW BRUNSWICK

 This is an historic occasion and we Chiefs of New Brunswick are pleased to meet with you, Mr. Premier.  In the past it has not taken over four years for the Premier and the Chiefs to meet.  Premier Hatfield had a long and honored relationship with our Chiefs and at one point he was even made an Honorary Chief.

 Our history goes back for thousands of years here in New Brunswick as shown by the archeological records as compared to the European occupation which only goes back 400 years.  Since we are the first inhabitants of this land it is important for each successive government and its leaders to acknowledge the special relationship with us and our people. 

 We are not just another stakeholder in this province.

 We are the First Peoples!  We are the First Nations!  We have governed ourselves from time immemorial!  It was our Aboriginal ancestors who first devised true democratic processes for self-governance some of which have been adapted and adopted in their constitutional documents by the European immigrants to our shores. We signed treaties of peace and friendship with your ancestors.  We have never ceded our land to the government.  So today we hold Aboriginal title and Aboriginal rights and Treaty rights to this our territory and these rights are protected in the Canadian Constitution of 1982.

 We live in peace and harmony with our neighbors and we are an integral part of this our homeland but there are very important issues that come between us and cause problems for our people.  We list some of these issues below without going into detail on each one:

 Recognition that our people have Aboriginal rights and Treaty rights that are entrenched in the Canadian Constitution;

 The harvesting of wood from our lands for personal use;

 The harvesting of commercial wood from our lands;

 The harvesting of moose and other wildlife from our forests;

 The application of the “Ganong Line” to our people who exercise their Aboriginal and Treaty rights;

 The harassment of our people by the Department of Natural Resources staff and the Department of Justice for exercising their Aboriginal and Treaty rights;

 The harvesting of fish from our waters;

 The harvesting of minerals and other resources from our lands;

 Co-management of the harvesting of our resources;

 Self-governance by our people within New Brunswick;

 The preservation of our languages and culture;

 The harvesting of medicinal and food plants from our forests and waters;

 The development of a good faith consultation process with our people and us as Chiefs;

 Participation in any processes determining and authorizing use of our resources such as environmental impact studies and Public Utilities Board hearings;

 Compensation for the loss of use and benefits from our resources over the past 278 years;

 Compensation for the future use of our resources such as an Aboriginal Royalty on the retail value of all resources harvested and mined each year;

 Taxation of our people and their personal resources;

 The maintenance of health care for our people;

 The implementation of Child and Family Services for our people;

 The elimination of poverty for our people;

 The provision of education for our children and post secondary education for our youth and others;

 Participation of our people in the provincial economy through effective economic development projects;

 Establishment of an Aboriginal casino within New Brunswick;

 Protection of the tax free zone of each First Nation in the province;

 The elimination of the harassment of our people and Aboriginal business people by infringing their rights through controlling the supply of goods and services to them on the reserves;

 Establishment of a provincial government Aboriginal procurement policy and a set aside policy on capital works projects;

 Developing partnerships with First Nations for the development of natural resources.

 These are some of the many issues that face us all today and in the future.  All of these issues and many more will slowly be resolved over the coming years through the tri-partite and bilateral discussions presently underway between the federal, provincial and Aboriginal governments in New Brunswick if all parties act in good faith during these discussions.  The government of New Brunswick must shoulder the responsibility for many wrongs done to our people for so many generations past and ensure that we and the coming generations have the resources to safeguard and preserve our heritage and natural resources; that we can meet as equals around the discussion tables now as our ancestors did around the campfires in the past.  That means providing adequate financial resources to this consultation process.

 There are two particular issues we wish to discuss a little more fully today.

 First, is the fact that the Minister responsible for Aboriginal Affairs is in a conflict of interest position because he is also the Minister of Justice and Attorney General.  He is the one responsible for prosecuting our people exercising their Aboriginal and Treaty rights while at the same time supposedly representing our interests around the Cabinet table and honoring the Crown’s fiduciary duty owed to our people.  This should not be allowed to continue.

 Second, the Aboriginal Affairs Secretariat is going through a transition and redefining its role to us and within government.  We do not want the Secretariat being the conduit through which we must act when dealing with other government departments.  We must continue to have access to other government departments without being fettered by the Secretariat.  It would be best to have us involved in redefining the role of the Secretariat within government.  We hope that these two particular issue can be resolved quickly.

 We want to make it clear to you Mr. Premier, that a basic principle we have agreed on is that we are not interested in discussing the extinguishment of our Aboriginal title, Aboriginal rights and Treaty rights.  They are part of our heritage that we must pass along to our future generations.

 As Chiefs of our New Brunswick First Nations we extend an invitation to you Mr. Premier and to your people to come meet with us and our people and let us take the time and put in the forethought to reason together and resolve the issues that confront us. This will go a long way toward establishing good relations with our people. It is important that you, Mr. Premier, meet with us at least four times a year and that your Cabinet also be at these meetings to monitor progress on these many more issues.

 As we said at the beginning this is indeed an historic occasion but it is also an historic opportunity for you and your government to recognize and honor our people’s special place within New Brunswick society.  Thank you for meeting with us and hearing us speak today.

To read the Premier's comments Click Here: