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1. Policy Objectives
The objective of this policy is natural resource management pursuant to the
inherent right of self-determination and the treaty relationship between the
Mičkmaq, Maliseet and Passamaquoddy and the Crown and the implementation of the
treaties in the context of natural resources. This policy is intended to form
the basis of what will ultimately become Mičkmaq, Maliseet and Passamaquoddy
natural resources law. The Mičkmaq, Maliseet and Passamaquoddy recognize that
any deterioration of natural resources impacts upon their rights. These Nations
also recognize the importance of viable and sustainable communities and
livelihoods. Accordingly, the Mičkmaq, Maliseet and Passamaquoddy must be
involved with decisions respecting all economic activities that may have an
impact on the health and viability of natural resources. This policy intends to
provide a foundation for the preservation and sustainability of lands, waters
and resources within the traditional territories of the Mičkmaq, Maliseet and
Passamaquoddy based on their traditional values and treaty responsibilities. It
also intends to provide a foundation for the sustainability of Mičkmaq, Maliseet
and Passamaquoddy communities and livelihoods based on their treaty rights
without jeopardizing the integrity, diversity and productivity of their native
environment. The Mičkmaq, Maliseet and Passamaquoddy continue to assert their
exclusive authority over conservation of the natural resources and the
consequential right to direct access to those resources.
2. Foundations of Mičkmaq/Maliseet/Passamaquoddy Jurisdiction
Right of Self-Determination
The Mičkmaq, Maliseet and Passamaquoddy have retained jurisdiction over their
traditional territories and the resources contained within by virtue of the
inherent right of self-determination. Pursuant to their jurisdiction, the
Mičkmaq, Maliseet and Passamaquoddy enact this policy which will control the
resource activity of the Mičkmaq, Maliseet and Passamaquoddy and ensure that the
lands, waters and resources within their traditional territories are adequately
managed and conserved for future generations. This process of self-determination
will be built upon existing and traditional governance and must allow for full
participation of all Mičkmaq, Maliseet and Passamaquoddy in decision-making. The
Treaty Relationship The very essence of a treaty relationship is its nation to
nation character. The Mičkmaq, Maliseet and Passamaquoddy entered into a treaty
relationship with the Crown during the 18th century. Implicit within
this relationship is the recognition of the equivalent sovereign jurisdiction of
the Mičkmaq, Maliseet and Passamaquoddy nations. Also implicit within this
relationship is the position that all jurisdictional areas have been retained by
the Mičkmaq, Maliseet and the Passamaquoddy as self-governing nations.
3. Scope of the Policy
The scope of this policy includes all available natural resources including, but
not limited to, fisheries, wildlife, minerals, sub-surface resources, trees,
plants, and medicines as well as lands, waters, habitat and ecosystems contained
within the traditional territories of the Mičkmaq, Maliseet and Passamaquoddy.
4. Guiding Principles
Conservation Protection
The traditional values of the Mičkmaq, Maliseet and Passamaquoddy in the context
of resources of the lands, waters and air include the principles of respect,
conservation, and responsibility. The Mičkmaq, Maliseet and Passamaquoddy
recognize that the basis for viable and sustainable communities is sustainable
resources.
A Holistic Approach
The Mičkmaq, Maliseet and Passamaquoddy have always viewed their natural
environment in its entirety and recognize the interconnectedness of the
resources. The Integrated Natural Resources Management Policy put forward by the
Mičkmaq, Maliseet and Passamaquoddy will acknowledge this principle.
Viable & Sustainable Communities and Livelihoods
The Mičkmaq, Maliseet and Passamaquoddy have always viewed the treaty
relationship as a means of sustaining their languages, cultures, and world
views. They also view the treaty relationship as a means of culturally and
economically sustaining their communities and livelihoods. The Mičkmaq,
Maliseet and Passamaquoddy have endured significantly sub-standard
socio-economic conditions for many decades and have waited patiently for Canada
to acknowledge the treaty relationship. The principles recently recognized by
the Supreme Court of Canada in the Marshall decision will support the Mičkmaq,
Maliseet and Passamaquoddy in achieving a higher quality of life for individual
community members and improved social infrastructure for communities as a whole.
Protection of Treaty Rights
The Mičkmaq, Maliseet and Passamaquoddy have preserved knowledge of the treaty
relationship for many generations. Protection of treaty and aboriginal rights
has always been and will continue to be foremost in positions taken with the
Crown. The Mičkmaq, Maliseet and Passamaquoddy realize that existing
management systems result in the deterioration of the resources which negatively
impacts upon their treaty rights. This reality dictates that the Mičkmaq,
Maliseet and Passamaquoddy must incorporate their traditional philosophies of
resource management into modern day policy. Accordingly, Mičkmaq, Maliseet and
Passamaquoddy harvesters will not be managed by political licenses or permits
issued by the Crown or its agents. The Mičkmaq, Maliseet and Passamaquoddy
Nations will not accept or be subject to licenses or permits issued by the Crown
or its agents on behalf of their collective nations or individual members. The
Mičkmaq, Maliseet and Passamaquoddy will ensure the protection of treaty rights
through independent institutions which will ensure fair and equitable access to
natural resources.
Peaceful Co-existence and Self-Reliance
The Mičkmaq, Maliseet and Passamaquoddy are committed to the principles of
peaceful co-existence with the Crown and its subjects consistent with the treaty
relationship. Community Involvement Resource management must be a democratic
process involving resource users and their communities being directly involved
in the decision making process. Accordingly, this policy advocates the
establishment of community-level harvestersč organizations within each First
Nation.
5. Treaty Federation System
It is envisioned that, for the purposes of natural resource management, the
Mičkmaq, Maliseet and Passamaquoddy shall enact this policy as a central and
consistently applied policy throughout their territories and shall formulate
more specific and localized policies to suit local circumstances. These
localized policies can occur, for example, at the district, tribal council or
First Nation level. Regardless of what level is selected as the unit of
jurisdiction, any policies enacted at the local level shall be consistent with
this policy. This policy advocates the establishment of institutions such as
natural resources authorities to address issues such as adjacency between
Mičkmaq, Maliseet and Passamaquoddy jurisdictions and portability of rights. The
Mičkmaq, Maliseet and Passamaquoddy acknowledge the need for protocols to
address such issues and the establishment of these institutions can greatly
enhance the development and fulfillment of such protocols. Elders and existing
institutions such as Grand Councils shall be utilized as much as possible within
these institutions.
6. Treaty Beneficiaries
The Mičkmaq, Maliseet and Passamaquoddy Nations assert their right to define
their own citizenship as a fundamental right of self-government. The Mičkmaq,
Maliseet and Passamaquoddy shall establish criteria for citizenship and
citizenship policies based on principles of fairness and equity.
7. Communal Benefits
The Mičkmaq, Maliseet and Passamaquoddy recognize that treaty benefits and
entitlements belong to each and every Mičkmaq, Maliseet and Passamaquoddy
person. The Mičkmaq, Maliseet and Passamaquoddy shall endeavor to achieve
viable and sustainable communities and support for social infrastructure through
treaty rights and entitlements. This policy advocates the establishment of
institutions such as management agencies to develop, in conjunction with
resource harvesters and communities in general, the means to achieve, and the
nature of, communal benefits from the treaty relationship.
8. Capacity Building
The Mičkmaq, Maliseet and Passamaquoddy acknowledge the need to build capacity
in order to ensure protection of the resources and use and protection of treaty
rights to the fullest possible extent.
Education
In order to meet responsibilities of management, Mičkmaq, Maliseet and
Passamaquoddy human resources require educational training and access to
traditional knowledge in the following areas: resource management, sciences,
forestry, fisheries, environmental studies, social studies, law, business,
public administration and law enforcement. This is not intended to be an
exhaustive list and will likely be expanded as treaty implementation evolves.
Training
Many aspects of the resource sector can be very technical and, at times
dangerous. Mičkmaq, Maliseet and Passamaquoddy people will require training in
order to develop necessary harvesting skills.
Public Education
Public Education is needed within Mičkmaq, Maliseet and Passamaquoddy
communities and amongst the public in general on issues of treaties and issues
of resource dynamics and management. It is crucial that First Nations
communities and the general public understand the foundations of Mičkmaq,
Maliseet and Passamaquoddy policy and the need for proper management.
Additionally, efforts should be made to provide information within Mičkmaq,
Maliseet and Passamaqoddy educational institutions on traditional management
structures to allow Mičkmaq, Maliseet and Passamaquoddy youth to have better
knowledge and understanding of their environment.
Access to Capital
Given the present socio-economic conditions in most First Nation communities,
the Mičkmaq, Maliseet and Passamaquoddy will develop plans to ensure that
community members have sufficient access to necessary capital to exercise their
rights. Fair and equitable guidelines must be developed to ensure that all
community members can access capital should they choose to exercise their
rights.
9. Natural Resources Management
Scientific Capacity
The Mičkmaq, Maliseet and Passamaquoddy must have the people, tools,
infrastructure and institutions to conduct research on issues such as social and
economic aspects of treaty implementation, conservation as well as research on
the resources themselves. All scientific capacity must involve resource
harvesters and employ traditional knowledge to the fullest possible extent.
International Implications
Recognizing that any deterioration or impact on resources means an impact upon
their treaty rights, the Mičkmaq, Maliseet and Passamaquoddy must be involved in
all international economic, environmental or regulatory negotiations or any
other international negotiations which may affect Mičkmaq, Maliseet and
Passamaquoddy natural resources or treaty rights.
Relationship with the Crown
Pursuant to the nation to nation character of the treaty relationship, the
Mičkmaq, Maliseet and Passamaquoddy envision a joint management regime for the
entire resource sector. This vision is consistent with the established fact that
the Mičkmaq, Maliseet and Passamaquoddy are the only peoples who have a
constitutionally protected right to the resources in their traditional
territories and waters, both tidal and non-tidal.
Relationship with non-Mičkmaq, Maliseet or Passamaquoddy User Groups
As set out in the guiding principles, the Mičkmaq, Maliseet and Passamaquoddy
seek a peaceful co-existence with non-Mičkmaq, Maliseet and Passamaquoddy user
groups as subjects of the Crown. Regardless, protection of treaty rights is
fundamental. The Mičkmaq, Maliseet and Passamaquoddy assert that with the
implementation of traditional philosophies of resource management to modern day
policy, the resources will be preserved for generations to come.
Subsistence Harvesting
The Mičkmaq, Maliseet and Passamaquoddy assert that the harvesting of resources
for personal and non-trade consumption is still integral to their societies and
must never be subject to regulatory restrictions. It is also asserted that this
harvesting activity takes priority over all other harvesting activities.
Resource and Habitat Protection
All measures aimed at resource and habitat protection must be approached
holistically and employ traditional knowledge and values to the fullest
capacity. This policy encourages the development and implementation of formal
Mičkmaq, Maliseet and Passamaquoddy natural resources management plans to
protect, conserve and economically develop resources. The Mičkmaq, Maliseet and
Passamaquoddy recognize that uncertainty and environmental variability must be
accommodated and therefore, all management plans must be of sufficient scope to
accommodate the uncertainty and environmental variability inherent in the
resource sector.
Monitoring and Compliance
The Mičkmaq, Maliseet and Passamaquoddy assert that monitoring of resource
activity and compliance measures are matters of governance and that their
jurisdiction is preserved and must be recognized. This policy advocates the
establishment of training programs for monitoring and enforcement in all
resource sectors with emphasis on traditional knowledge, values and practices.
On the issue of compliance measures, the Mičkmaq, Maliseet and Passamaquoddy
will seek development of compliance measures based on traditional values and
practices. This development will require community level input and consultation
with knowledgeable elders and scholars. With respect to jurisdiction over
non-Aboriginal resource activities, the Mičkmaq, Maliseet and Passamaquoddy
assert that this jurisdiction is necessary for protection of resources and
treaty rights. This policy advocates development of a protocol consistent with
the proposed joint management approach.
10. Conflict Resolution
The Mičkmaq, Maliseet and Passamaquoddy recognize the need for the establishment
of protocols and institutions to address conflict resolution, for example,
between Mičkmaq, Maliseet and Passamaquoddy and Crown subjects, between
districts, and between harvesters and elected officials. Once again, where
appropriate, traditional values and practices must be employed to fullest
possible extent.
11. Policy Implementation
This policy is a vision for ensuring the future of our peoples, our way of life,
our natural resources, their supporting ecosystems and the benefits derived from
the maintenance and utilization of natural resources. It also acknowledges that
Mičkmaq, Maliseet and Passamaquoddy peoples share common and individual rights
and responsibilities with respect to natural resources, including conservation
and development for trade purposes. The goals, directions and actions expressed
in this policy are, therefore, intended to apply throughout the traditional
territories of the Mičkmaq, Maliseet and Passamaquoddy to ensure that these
responsibilities and rights are fully realized, enforced and protected by the
Mičkmaq, Maliseet and Passamaquoddy.
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