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Editors --- "Inuit Partnership Accord - Digest" [2005] AUIndigLawRpr 79; (2005) 9(4) Australian Indigenous Law Reporter 102

INUIT PARTNERSHIP ACCORD

Ontario, Canada

31 May 2005

Introduction

WHEREAS Inuit are an indigenous people of the circumpolar world;

and WHEREAS Canada is a democratic, federal state, belonging to the international community of states and governed by the rule of law;

and WHEREAS Canadian Inuit live in Labrador, Nunavik, Nunavut, the Inuvialuit Settlement Region and many centres in southern Canada;

and WHEREAS Canadian Inuit from Labrador are represented by the Labrador Inuit Association, from Nunavik are represented by Makivik Corporation, from Nunavut are represented by Nunavut Tunngavik Incorporated, and from the Inuvialuit Settlement Region are represented by the Inuvialuit Regional Corporation and these four organizations together form Inuit Tapiriit Kanatami;

and WHEREAS Inuit are an Aboriginal People of Canada, recognized as such by the Constitution of Canada;

and WHEREAS a variety of factors – including unique geography, language, culture, history, law and politics – have contributed, and continue to contribute, to the status of Inuit as an Aboriginal People of Canada, possessing distinct strengths, pursuing distinct aspirations, and facing distinct challenges;

and WHEREAS the status of Inuit as an Aboriginal People of Canada must find appropriate expression in two, mutually reinforcing, ways:

legal rights, obligations and jurisdictions, including rights, obligations and jurisdictions derived from aboriginal use and occupation of lands and waters, from land claims agreements, from Constitutional texts, and from other sources, including relevant international law – that combine to anchor the unique place of Inuit within the Canadian legal order, and

political undertakings exchanged between representatives of Inuit and the federal and, where appropriate, provincial and territorial governments, and intended to define relations between Inuit and other Canadians in ways that are respectful, productive, and dynamic, and that lead to focused and pragmatic policy making and decisions;

and WHEREAS political undertakings in relation to various topics can best be pursued in the context of a partnership agreement that

identifies principles, objectives, and activity areas, and establishes an initial Action Plan for the purpose of achieving tangible progress on matters of shared priority and contemplates a process for the periodic renewal of that Plan;

and IN RECOGNITION of

the contributions of Inuit to Canada’s history, identity, national unity and sovereignty in the Arctic,

the commitment of Inuit to the principles for which Canada and its Constitution stand, including the Canadian Charter of Rights and Freedoms, and

the spirit of faith, optimism and determination with which Inuit view the future;

Now, therefore, the Inuit of Canada, as represented by Inuit Tapiriit Kanatami, and Her Majesty the Queen in right of Canada, as represented by the Prime Minister of Canada and the Minister of Indian Affairs and Northern Development, agree as follows:

Principles

This Partnership Agreement is based on the following principles:

1. Inuit have constituted, do constitute, and will constitute, an identifiable people within a broader Canadian society.

2. Inuit have a right to self-government in Canada.

3. Without detracting from the Inuit right to self-government within Canada, the Parliament of Canada has the legislative authority to make laws in relation to Inuit.

4. Canadian federalism, and Canadian political values, can be sufficiently flexible, creative, and generous to reconcile Inuit rights, identity and aspirations with the privileges and responsibilities that attach to a common Canadian citizenship.

5. The demographics and socio-economic dynamics of Inuit regions and Inuit communities must be candidly and realistically taken into account in the design of governmental institutions and in the design and delivery of programs and services aimed at serving Inuit.

6. Institutions and organizations representing Inuit must be provided with the resources to maintain core representational, policy making and administrative capacity and such resources must, at a minimum, be comparable with those provided to Canadian First Nations adjusted to recognize the unique geographic, cultural and historical circumstances of Inuit.

7. In the design of effective governmental institutions and in the delivery of programs and services aimed at serving Inuit, the following factors must be given appropriate attention and weight:

• the representative roles of Inuit institutions and organizations
• the need for Inuit to make practical use of programs and services, keeping in mind that many existing programs and services have been designed primarily for members of First Nations on reserve and there is an accompanying lack of Inuit-specific programs and services
• the need for Inuit consent prior to the delegation of administrative responsibilities to non-Inuit structures
• the social, cultural and economic circumstances of Inuit in comparison with other Canadians, particularly other Canadians living in Inuit regions and communities
• differences among Inuit regions and communities, the needs of component parts of the Inuit population – for example, men and women, elders and youth, persons with disabilities – and the existence of significant numbers of Inuit in urban centres outside the Arctic
• the need for a solid economic base, and physical, financial and communications infrastructure to support programs and services and to assist governmental institutions
• the need for appropriate care and accountability in the use of public funds, and
• the potential benefits to be derived from broad-based reform.

8. A constructive partnership of the kind contemplated in this Partnership Agreement requires a consistently high level of government and Inuit commitment to:

• discussions and decisions rooted in objective facts and analysis
• the central role to be played by informed and inclusive participation by Inuit in decisions affecting Inuit rights and interests, and
• defining an active role for Inuit in decisions with respect to broader issues affecting Inuit as citizens of Canada.

Objectives

This Partnership Agreement has the following longer-term and shorter-term objectives:

Longer-Term

1. To identify and resolve issues of common concern to Inuit and the Government of Canada through a partnership based on mutual respect, recognition, responsibility and sharing;

2. To nurture and maintain self-sufficient, healthy, culturally vital and secure Inuit communities and to improve the social and economic conditions of all Inuit accordingly;

3. To facilitate Inuit contributions to the betterment of Canada and the stewardship of the circumpolar world; and,

4. To increase public awareness and understanding of the Inuit as a distinct, unified and dynamic people.

Shorter-Term

1. To examine the relationship between the Inuit and the Government of Canada in the context of recent advancements in land claims and governance;

2. To design appropriate institutions and organizations, structures and processes to support an effective and ongoing partnership between the Inuit and the Government of Canada;

3. To strengthen the core representational policy making and administrative capacity of Inuit institutions and organizations;

4. To enhance the capacity of Inuit institutions to participate in the development and implementation of public policies;

5. To develop meaningful and effective mechanisms to ensure full Inuit participation in decisions that affect their rights and interests;

6. To develop and deliver policies, programs and services that are responsive to the specific needs and priorities of Inuit; and,

7. To support the Inuit-specific research needed for policy and program development and implementation.

Theme Areas

This Partnership Agreement seeks to make concrete progress in the following three theme areas

I Organizing and Sustaining the Partnership

This theme area involves finding the best structures, both shared and separate, and defining the best rules, for getting work done. It also involves ensuring that Inuit participate fully in decisions that affect them and that Inuit institutions and organizations have the capacity required to carry out their responsibilities. Moving forward may require, in the inspired words employed by an Inuk leader during Constitutional reform talks ‘constructive damage to the status quo’.

II Generating Wealth and Improving Living Conditions

This theme area involves finding ways to improve the economic and social circumstances of the Inuit, with a particular view to securing a greater measure of economic self-reliance, a more balanced combination of public sector and private sector activity in Inuit regions and communities, and designing public sector programs and services, comparable to those enjoyed by other Canadians, to meet the distinctive needs of the Inuit.

III Reaching Out

This theme area involves supporting ongoing efforts to assist Inuit in dealing effectively with international challenges and in taking advantage of global opportunities. Both problems (for example, global / trans-boundary climate change, long range transport of atmospheric pollution, ozone depletion) and opportunities (for example, trade in arctic products, including marine mammal products and Inuit assistance to aboriginal peoples in other parts of the globe) are rapidly evolving in their dimensions, complexity and implications. This theme area will explore ways for governments and Inuit, in active and creative partnership, to tackle challenges and seize opportunities.

Action Plan

1. An Action Plan designed to achieve tangible progress on matters of shared priority will be negotiated in the period between signature of this Partnership Agreement and March 31, 2000 and will be appended to this agreement.

2. It is intended that the initial Action Plan will be replaced by further Action Plans corresponding to two-year periods succeeding the elapse of the first Action Plan.

3. The achievement of results under Action Plans will be monitored through

• semi-annual meetings of the President of Inuit Tapiriit Kanatami with the Prime Minister and the Minister of Indian Affairs and Northern Development;
• the creation of a Standing Committee headed by four senior officials, two appointed by the President of Inuit Tapiriit Kanatami, one appointed by the Prime Minister and one by the Minister of Indian Affairs and Northern Development;

as directed by the Standing Committee, such working groups, special project teams, and other initiatives as may contribute to achieving success

– in this regard the participation of outside professional and academic expertise is likely to be desirable in many areas; and,

• the Standing Committee will meet annually with the Inuit Tapiriit Kanatami Board of Directors and appropriate members of Cabinet.

The text of this Accord is available online at

<http://www.itk.ca/roundtable/roundtable-partnership.php> .