Report
to the
Canadian Human Rights Commission on the
Treatment of the Innu of Labrador by the Government of Canada
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The 1993 Report recommended that the Government "enter into
direct negotiations with the Innu in respect of self-government and
for the devolution of programs and services, involving the
Government of Newfoundland and Labrador where appropriate in
accordance with the principle of mutual consent set out in the
September 1989 Policy Statement on Indian Self-Government in
Canada."
The 1994 Statement of Political Commitments indicated that
negotiations on self-government would proceed "between the
Government of Canada, the Innu Nation and their communities, and,
where appropriate, the Government of Newfoundland and
Labrador." In fact, negotiations on self-government did
commence, although the negotiations were essentially trilateral
between the Government, the Innu and the Province. "Where
appropriate," it turned out, was "all the time."
Nevertheless, progress was made on self-government negotiations.
However, the self-government negotiations that commenced in 1997
came to a halt in October 2000 and have now been postponed
indefinitely. Both parties appear to believe that the negotiations
halted because the other party was unable to maintain negotiations
on so many different tracks (registration, land claims, health
issues, relocation). What registration has done, however, is set the
Innu on a different track
from self-government. The Indian Act
will now provide
the governing structure for the Innu — a structure that any
self-government negotiations in the future will have to dismantle.
Placing self-government negotiations in abeyance has implications
for land claims negotiations. Land and a financial package are only
part of any final settlement. The institutions to give effect
to a comprehensive land settlement have to be elaborated through
self-government negotiations. This is cause for concern among the
Innu, who continue to have reservations about the halting of
self-government discussions. In their view, there is no reason why
self-government issues cannot be negotiated simultaneously with the
other matters under discussion. It is their view that negotiations
based on the inherent right to self-government should take place in
tandem with registration and reserve creation.
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In contrast, federal officials believe they are following the
normal process for registration. If registration leading to the
granting of status and the creation of reserves is to occur, then
there are certain steps to be taken and things to be done. These
must be done as a first step before moving to the further step of
self-government. Federal officials take the view that the experience
and expertise gained from the creation and operation of the
institutions required for status Indians living on reserve will help
the Innu build expertise for eventually taking over self-government
responsibilities. They also consider that although the Innu appear
to have a vision of what they want, it is not clear that they have
yet developed a long-term, sustainable plan for self-government.
Thus self-government negotiations appear to be in abeyance,
not abandoned. Federal officials consider that the Government has
committed itself to negotiating self-government for the Innu. The
1994 Statement of Political Commitments provided that the Government
was prepared to negotiate "to devolve existing federal programs
and funding delivered to the Innu, and to work with the Province to
devolve such programs and funds administered under existing
federal-provincial agreements for the provision of services to the
Innu in a manner consistent with Canada’s current devolution
policy..." Although that commitment contemplated all of this
being done "prior to the expiration of the present Canada–Newfoundland
and Labrador Agreement," the commitment appears to remain.
The Innu express concern that even when negotiations resume, the
Government’s view of self-government will be far too limited. They
consider that to the Government self-government means a status akin
to that of a town council, rather than true governance that
recognizes the Innu’s independence as Innu people within Labrador.
Furthermore, we did not detect any degree of urgency by federal
officials to recommence self-government negotiations. In part, they
consider it to be up to the Innu to make a request to restart such
negotiations. However, it did not seem that any such request would
receive a very favourable federal response. Some federal officials
take the view that self-government negotiations have to await
progress on land claims negotiations. Moreover, the general view we
heard from federal officials is that they consider that the Innu
need experience operating under the Indian Act before
embarking on self-government.
CONCLUSION
5
Although the Government did enter into self-government
negotiations with the Innu as proposed in the third
recommendation in the 1993 Report, placing those
negotiations in abeyance with no plan for recommencing them
means that the third recommendation of the 1993 Report has
not been implemented. |
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The 1993 Report recommended that the Government "make a
commitment to the expeditious relocation of the Mushuau Innu to a
site chosen by them."
Details of the relocation of the Mushuau Innu in 1967 from the
mainland to the site of the present village of Davis Inlet on
Iluikoyak Island, the lack of running water and sewage facilities,
the substandard conditions of the houses, the isolation from
traditional caribou hunting grounds and the associated community
dysfunction were set out in the 1993 Report. The conditions were
later described in the Report on the Royal Commission on Aboriginal
Peoples as akin to conditions in the poorest of developing
countries.36
Fatal fires, suicides, substandard living conditions, substance
abuse and poor health brought the community to national and
international attention and continue to do so.
On 8 June 1993 the Mushuau Innu voted overwhelmingly in favour of
relocation to Little Sango Pond (Natuashish), which is located on
the mainland of Labrador 15 kilometres from their current
island site at Davis Inlet. The 1994 Statement of Political
Commitments endorsed relocation, stating that the Government was
prepared to "support relocation of the Mushuau Innu to Little
Sango Pond."
There were, however, several conditions attached to the
Government’s commitment. The Innu were to adopt "a long-term
social and economic reconstruction plan to address the social
pathologies and high unemployment levels in the community, following
discussions with and agreement by Canada." Following the
adoption of the
plan, there was to be "reaffirmation of the new site through
completion of a formal ratification process by the Innu people of
Utshimasits."
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The Innu prepared and submitted the necessary socio-economic and
technical studies to DIAND, and by December 1995 brought forward a
social reconstruction plan that identified 131 intended initiatives.
These included projects on Innu culture, health and social services,
education and training, justice, and traditional and non-traditional
economies. The requisite ratification vote was held within the Davis
Inlet community in the early fall of 1996, and it resulted in an
overwhelming 97% vote in support of the relocation to Natuashish.
The Statement of Political Commitments had set out further
conditions for relocation. These included the following:
Proof through the conduct of technical studies that the
relocation site is capable of providing sufficient fresh water and
other essential amenities to the community into the future.
Provision of the necessary land by the Government of
Newfoundland and Labrador.
Environmental acceptability of the site, as demonstrated by the
satisfactory completion of any required environmental assessment
processes.
Construction and site development to appropriate federal and
provincial government standards.
Reasonable costs that are acceptable to Canada.
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By the end of 1996, it appeared that all of these conditions had
been met. In November of that year the Mushuau Innu Relocation
Agreement (MIRA) was entered into by the Government, the Province
and the Mushuau Innu Band Council. The Province agreed to provide
the land for the new community site through a 20-year renewable
lease, with the potential of a future transfer of land to the Innu.
The Government agreed to provide funding for relocation planning,
design and construction at an estimated cost of $82 million. It
anticipated that the money would cover the cost of wood frame
houses, water and sewer systems, roads, power station, school,
nursing station, airport, wharf, post office, band council office,
police and fire facilities, moving expenses and the decommissioning
of the old Davis Inlet site.
The MIRA contemplated that the construction of the new community
would take place over a period of five years and would be completed
in the fall of 2001. A
Mushuau Innu Relocation Committee was established to provide Innu
input into the project. Under the terms of MIRA, the goal was to
involve Innu in the construction, and to provide employment and
training opportunities.
The community being built at Natuashish is impressive and
ambitious. Once it is completed, the Mushuau Innu will have a
community that is as modern as any contemporary community in Canada.
At the physical level, the difference between the new community of
Natuashish and the old community of Davis Inlet is simply
overwhelming. However, the project has not met the fall 2001
deadline and current federal estimates are that it will not be
completed before December 2002. There are many who have doubts about
whether the project will be completed even on this schedule. Some
suggest that the year 2003 is more realistic. Others speculate that
the community may need to move in stages, with relocation of part of
the community initially and the remainder later. At the time of the
conclusion of this report, it was still unclear whether there would
be any move in 2002.
The project has been beset by difficulties, some relating to the
problems associated with construction on that scale in the physical
conditions of northern Labrador, and others relating to financing
and management of the project, the involvement of Innu in it, and
the economic and social aspects of relocation.
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Last Modified: 12/27/2002 3:53:41 PM
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