Home | Databases | WorldLII | Search | Feedback Australian Indigenous Law Reporter

Okalik, Paul --- "From Native Title to Nunavut - Digest" [2001] AUIndigLawRpr 53; (2001) 6(4) Australian Indigenous Law Reporter 91

Indigenous Statements - Canada

From Native Title to Nunavut

Honourable Paul Okalik, Premier of Nunavut

Canberra Dialogue, National Press Club

Canberra, Australia

15 August 2001

Nunavut has evolved from a portion of Canada’s former Northwest Territories (NWT) into a territory in its own right. It has a ‘public government’ representing all peoples in the NWT but, with an 85 per cent Inuit majority, it is predominantly an Indigenous territory.

The Premier of Nunavut, the Hon Paul Okalik, visited Australia in August 2001. His address to the National Press Club in Canberra on 15 August 2001 provides an overview of the development of Nunavut.

I would like to begin by acknowledging the traditional owners of the land that I stand on, the Gnunnawal.

I also want to thank the Canadian High Commission, the Association of Canadian Studies in Australia and New Zealand, and the National Press Club for the opportunity to be here this afternoon to participate in this dialogue. There have been a series of lively discussions this Centenary year on a number of issues of importance to Australia and I am pleased to add a Nunavut perspective.

The topic that brings us together this afternoon is a discussion on native title and the experiences in Nunavut, in Canada’s Eastern Arctic.

In terms of background, there are within Canada three aboriginal groups recognized by the Constitution Act, 1982 as the descendants of the original inhabitants of North America — Indian, Métis (who are people of mixed Indian and European ancestry) and Inuit. These are three separate people with unique heritages, languages, cultural practices and spiritual beliefs. Indians are further defined under the Indian Act as Status Indian, Non-Status Indian and Treaty Indian.

The Indian Act, passed in 1876, sets out certain federal government obligations and regulates the management of Indian reserve lands.

Historic agreements

To provide a bit of historical context — when the European nations of England and France first arrived in what is now Canada, in the 1500s, they encountered various aboriginal groups.

As colonies were established, these new settlers negotiated treaties in order to encourage peaceful relations, as well as build strategic alliances with knowledgeable local people.

England eventually established itself as the dominant power and in 1763, passed a Royal Proclamation restricting anyone, with the exception of the Crown, from purchasing aboriginal land. The Crown was only able to purchase such land if the aboriginal group met in public and agreed to the sale. This Proclamation was substantial because it afforded a form of protection to the aboriginal groups from land speculation by settlers.

During the several centuries of Canada’s development, treaties were signed to define such things as aboriginal rights to land. Aboriginal groups ceded huge tracts of land in exchange for reserve land, as well as certain hunting and fishing rights.

These historic treaties spanned the years from 1701 to 1923 and today are the source of much debate and contention.

The development of land rights and treaty-making was different for Canadian Inuit, who, because of their remote locations, did not sign treaties with European settlers.

In fact, significant outside influence did not begin to be felt in our territory until the 1950s and 1960s, when the Canadian government instituted a policy to move nomadic Inuit families into permanent settlements. Following this, more and more southern government systems were imposed in our territory.

Despite this remoteness, the Indian Act became important in the development of Nunavut. Inuit, while specifically exempted under the Act, were bound to some of its provisions. For example, under the Indian Act, between 1927 and 1951, it was impossible for an aboriginal person to bring a claim against Canada without government permission. This restriction has since been removed and this, in part, accounts for the significant number of claims currently being pursued through the legal system.

As well, under the Act, the federal government has responsibilities for aboriginal Canadians. Inuit, as defined in Canadian law, are aboriginal and fall under these responsibilities.

Significant changes in aboriginal relations in Canada didn’t materialize until the 1970s.

In 1972, the Inuit Tapirisat of Canada was formed to give a national voice to Canada’s Inuit. This organization assisted Inuit in expressing our rights to full participation in Canadian society, so we could determine those things of a social, economic, educational and political nature that would affect us and future generations of Inuit. It was during this period that talk began of Inuit self-government.

Also in the early 1970s, the landmark Calder case challenged the belief that aboriginal land title, specifically that of the Nisga’a First Nations in British Columbia, had been lawfully extinguished with the arrival of the Europeans.

Although the Supreme Court of Canada ultimately ruled against the Nisga’a in 1973, Calder is significant in that the court supported the view that the law of England, in force when the colonization of Canada began, recognized aboriginal title to the land. Calder set the stage nationally, even internationally, for aboriginal people to move forward in their effort to solidify their rights. In Australia, in 1992, the Mabo case would carry similar significance.

Also, in 1973, Indian Affairs Minister Jean Chrétien, who is currently Canada’s Prime Minister, announced that the federal government intended to begin a process to settle aboriginal land claims, both past and current. This began a process of Comprehensive Claims, which recognize the continuation of aboriginal rights to land and natural resources and generally arise in those parts of Canada where there has not historically been a legal settlement.

The progress in aboriginal recognition of the 1970s was followed by another significant event when the Constitution Act and the Charter of Rights and Freedoms were given effect in 1982. This legislation entrenched aboriginal rights in Canada — treaty rights and the rights of Canada’s first peoples had become paramount and constitutionally protected.

Prior to this, there was little incentive by aboriginal groups to negotiate and sign a modern land claim when a subsequent government had the power to overturn that agreement, if it so chose.

Today, there are more outstanding Comprehensive Claims from First Nations in British Columbia than in the rest of Canada combined.

There has been progress, however, with the federal government having concluded 13 Comprehensive Claims with Canada’s aboriginal people. Included among these is a recently signed land claim by the Nisga’a First Nation of British Columbia.

It was under this Comprehensive Claims process that Nunavut was officially created, following the 1993 signing of the Nunavut Land Claims Agreement.

The seeds of discussion

I would like to briefly outline the development of that Agreement.

As I stated earlier, Nunavut started to open up on a large scale in the 1950s. As Nunavut drew more and more interest, Inuit began to realize that most outsiders were not prepared to acknowledge their rights as aboriginal people and the historic guardians of the land.

The claim on Nunavut territory seemed indisputable to us. We had historic use of the land and we constituted the great majority of the residents. Fully 85 per cent of the population of Nunavut is Inuit.

In 1975, the Inuit of Nunavut presented a draft land claim to the Canadian government.

This was withdrawn the following year, though, when talks broke down regarding how Inuit would express their desire for self-government. Inuit did not want a structure in which a commissioner could overrule decisions made by locally elected representatives.

Inuit knew this would be a one-time agreement and we were determined, and patient enough, to negotiate with the federal government until we felt we had an agreement that would meet our objectives. Ultimately, a public government structure was chosen.

Negotiations slowed, as successive federal governments needed to be briefed about Nunavut.

It wasn’t until 1982 that the federal government agreed to support the creation of a new territory. That support, however, was contingent upon the settlement of Comprehensive Claims across the Northwest Territories. This meant that not only Inuit had to settle a claim, but so too, did the numerous aboriginal groups within the Northwest Territories. This was a formidable challenge. That same year, a plebiscite was held in the Northwest Territories with the vote in favour of continuing towards the development of a third territory.

In 1985, further progress was achieved when a new federal government agreed to support the establishment of Nunavut without the constraint of having to settle pan-arctic land claims.

This was a huge step forward, but it would be another five years of negotiations before an Agreement-in-Principle was signed, and a further nine years before the official creation of the Nunavut territory.

In 1993, Inuit signed the Nunavut Land Claims Agreement, the largest land claim in Canadian history, representing 18,000 Inuit. In exchange for surrendering aboriginal title to land in Nunavut, Inuit received constitutionally protected rights to land, renewable resources and social and political development.

Inuit also gained control of about 318,000 square kilometres of surface land rights and another 38,000 square kilometres of subsurface rights for oil, gas and minerals. As well, Inuit received a $1.1 billion payment.

The conditions of Inuit participation in their political development are outlined in the Agreement. While the Inuit of Nunavut chose to express their rights through a public government structure, they retained their right under the Agreement to pursue self-government in the future if they so desire.

As a result, Nunavut finds itself in a unique situation in Canada. It is a public government-led territory with a majority aboriginal population.

And Nunavut has many challenges. The majority of our population is at the bottom end of the socio-economic ladder. We lag behind in education and health levels compared to the rest of Canada. When viewed in the context of our geographical challenges, the costs of social program delivery, and of everyday living, is troubling.

To address these challenges, our Government has begun to work in a number of areas.

Economics

Financial independence is a key to Inuit self-sufficiency, so it is imperative that Inuit share in the material success of the creation of Nunavut, now and in the future. Article 24 of the Nunavut Land Claims Agreement recognizes that economic development will be one of the true measures of success.

In fulfilling its responsibilities, our Government has worked closely with the organization representing Inuit beneficiaries. Last year, our organizations announced a new business incentive policy for awarding government contracts.

Nunavummi Nangminiqaqtunik Ikajuuti incorporates the spirit and intent of the land claim by providing opportunities and benefits for Nunavut-based, Inuit-owned and community-based businesses. This policy ensures that Nunavut residents share in and benefit from every public dollar spent in the territory.

Decentralization

Our Government is also strongly committed to building a pubic service reflective of the population it serves. We will achieve this, in part, through our commitment to decentralize our operations into communities outside the capital city of Iqaluit.

To increase Inuit employment in these communities, training programs have been established to correlate with the departmental positions that will become available. Increasing local employment not only supplies income, but also provides much-needed role models to our children.

Education

Education is a high priority of our Government. We realize we must have a strong educational foundation if we are to achieve our goals. It is for this reason that education spending accounts for our largest budget item.

Since the creation of Nunavut, and our commitment to fund the education system, high school graduations and academic levels have risen. More resources are being funnelled to the education system and we are looking at ways of incorporating Inuit culture in the classroom. One example of this is our Elders in the Classroom Program in which community elders teach students about Inuit culture, language and history.

Additionally, in terms of advancing education, our Government has created new, and specific, learning opportunities for Inuit residents. For example, training programs for nurses and teachers were created to increase the number of Inuit seeking those careers.

As well, our Government has supported the creation of a law degree program and is working with local law enforcement agencies to boost employment within the justice system.

I realize I have only touched briefly on some of the issues in Nunavut, but in closing, I hope I have provided you with a sense of what self-government means to the Inuit of Nunavut and how aspirations there are being realized through a public government system.

Thank you.