N.C.N.S. NETUKULIMKEWE'L COMMISSION
OPERATIONS OVERVIEW

As the natural life management authority for the large community of Mi'kmaq/Aboriginal peoples residing off-reserve in Nova Scotia throughout traditional Mi'kmaq territory, the N.C.N.S. Netukulimkewe'l Commission continues to advance the Aboriginal and Treaty Rights of the peoples it serves.



The Donald Marshall Jr. Court Decision

The Native Council of Nova Scotia the self-governing authority for the large community of Mi'kmaq/Aboriginal peoples residing off-reserve in Nova Scotia throughout traditional Mi'kmaq territory is elated with the Supreme Court of Canada landmark decision of Donald Marshall Jr. The highest Court of Canada judged that the Mi'kmaq people have the right to both access the natural resources throughout their traditional lands and to use their harvest efforts to gain a moderate livelihood that addresses their day-to-day needs, rather than bare subsistence.



Chief and President Lorraine Cook stated in a recent press release that it was important for the Council to intervene into this case and have our legal counsel Mr. D. Bruce Clarke of Burchell Hayman Barnes put forward the argument which supported the concept that access to natural resources must realize an economic well-being for the Mi'kmaq people.

The Native Council of Nova Scotia was an Intervenor before the Supreme Court and was the only organization to put forward to the Court the basis that the Court accepted and used in its judgement. The decision of the court validates a system of resource utilization which the Council's Netukulimkewe'l Commission has had in place for off-reserve Mi'kmaq/Aboriginal harvesters since the Simon decision in 1985. The Commission manages and authorizes off-reserve Mi'kmaq/ Aboriginal harvesters to use the natural resources through the concept of Netukulimk to achieve adequate standards of personal, family and community nutrition and economic well-being.

Chief and President Cook said that this decision clearly applies to all Mi'kmaq people residing throughout their traditional lands. The Department of Indian and Northern Affairs has consistently refused to acknowledge or assist the Council's off-reserve community with any meaningful programs, serves or economic development. That same mentality is now starting to pollute DFO's policy positions. The NCNS must continue to fight these discriminatory positions. The off-reserve Aboriginal people are the most economically marginalized people in Canada as stated in the recent Corbiere decision of the Supreme Court of Canada. The Marshall decision affirms that off-reserve Mi'kmaq people can access the natural resources and use them for their economic well-being and self-sufficiency.

Chief and President Cook said the Netukulimkewe'l Commission, the Council's natural life management authority for the large community of Mi'kmaq/Aboriginal peoples residing off-reserve in Nova Scotia throughout traditional Mi'kmaq territory is responsible for implementing a sustainable access and management regime for off-reserve Mi'kmaq/Aboriginal harvesters. The Commission is working on an interim management regime called "SAMR" (Sustenance Augmentation Management Regime)that will help sustenance harvesters achieve a moderate livelihood through their harvesting activities.

The Council and Commission has been attempting to work with Government to jointly give practical effect to the Marshall decision by implementing a management regime in partnership that will protect and sustain natural resources for both Aboriginal and non-Aboriginal people through processes, policies and plans which clearly share the resources - the true purpose of our Treaties.

Chief and President Cook stated that with the Corbiere decision and now this Marshall decision, Governments can no longer morally and legally exclude or ignore the off-reserve Aboriginal people from developing and initiating solutions to a shared management of the resources. Our input of practices, innovations and concepts for sustainable harvesting of natural resources is vital to meet our obligations to protect the bounty provided by the Creator for our children's future economic well-being.

Chief and President Cook calls upon the other Aboriginal political organizations in Nova Scotia to work to ensure that this decision has tangible meaning for all Mi'kmaq people as did the 1985 Simon decision. We should not allow Government to divide us on this important occasion in our history as a people, our obligation as heirs and heirs to our forefather's Treaties.

The issue of who is and who is not a beneficiary (heir) to the 1760 Mi'kmaq treaty as presently announced by DFO and DIAND is truly a matter of outright exclusion, hindrance, harassment and a violation of the basic human rights of our A.T.R.A. Harvesters that the NCNS will not let proceed!

The important lessons to learn from the previous 2 months of "Chaos" created by the unpreparedness and ill-advisedness of the DFO and DIAND is for all of us, as Mi'kmaq/Aboriginal peoples who continue to reside on our traditional lands undisplaced to Indian Act reservations, to appreciate why the NCNS has for so many years pressed and advanced firstly the A.T.R.A. Passport process and now the Citizenship process.

This Marshall decision confirms that all Mi'kmaq heirs to our forefathers Treaties are the rightful beneficiaries to this Treaty right. This clearly shows that the Indian Act numbering status card system to identify a person who has "status" before the Indian Act is flatly and completely shoved into a corner when it comes to identifying a "People". In this case only Mi'kmaq people can exercise the 1760 Treaty right.

It is because of this most paternalistic, destructive pieces of Colonial legislation, which has created Indian Act reservations and numbered "Indians" instead of Mi'kmaq/Aboriginal peoples, that DFO and DIAND are scrambling to legitimize a "limiting exercise" to a modern manifestation concept, which just like the 20 year old "Superseded by Law" government concept, holds no weight whatsoever!

It is because of this problem and dream concept that the Federal Government has created, that the DFO and DIAND are now trying through every conceivable, shameful and inciteful way of trying to displace us - the off-reserve Mi'kmaq/Aboriginal peoples, from consultations and access to economic benefits because we are now more than ever seen and proven to be the community of Mi'kmaq people who have never been displaced from our traditional lands to Indian Act reservations, who do not support the Indian Act or its "Status Indian" mentality, and we have a legitimate right to benefit from our forefathers Treaties and indeed all other elements of dealing with the Federal and Provincial governments particularly with the issue of "Comprehensive Land Claims".

We all have a very important battle on our hands, not with our fellow brothers and sisters living on Indian Act reservations, but a battle to challenge DFO and DIAND to force the issue of dismantling the Indian Act and the Indian Act mentality, of supporting the institutions of our self-government for our peoples and protecting our forefathers Treaties for all Mi'kmaq peoples.

That is why it is so important for each of us to stick together as the off-reserve Mi'kmaq/Aboriginal peoples through our self-governing authority - the Native Council of Nova Scotia, to be proud of who we are by proven ancestral connection, by our Mi'kmaq beliefs, our traditions, culture and values in knowing each other as the continuing community of Mi'kmaq/Aboriginal peoples who continues to reside on our traditional lands living and working undisplaced to Indian Act reservations and rightfully accessing the natural resources to earn a decent livelihood - the promise of our forefathers Treaties to us and to our children as the heirs and the heirs who go forward to a better future!

In the following pages of this Taliaq Mi'kma'ki Newsletter you will read about our interim measure to address the Marshall decision. Our SAMR (Sustenance Augmentation Management Regime) will be the focal point of our meetings and discussions in the upcoming weeks with each NCNS Zone and each Netukulimkewe'l Commission Regional Netukulimkewe'l Advisory Council. With your input, advice and wisdom we will implement a sustainable management regime for our people to gain an economic benefit from the Creator's resources.

The Native Council of Nova Scotia and the N.C.N.S. Netukulimkewe'l Commission will keep its readers and A.T.R.A. Harvesters updated on this landmark decision as new information and developments become available.


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Food, Social and Ceremonial Fisheries Access

The N.C.N.S. Netukulimkewe'l Commission has had in place a comprehensive Aboriginal Fisheries Arrangement (A.F.A.) with the Department of Fisheries and Oceans since 1992. The A.F.A. provides for Aboriginal access, management, monitoring and dispute resolution mechanisms for the off-reserve Aboriginal food, social and ceremonial fishery, as well as economic development opportunities within the DFO licensed commercial fisheries. The A.F.A. includes numerous schedules which are updated and renewed each year.

On October 2, 1999 the DFO shamefully, unilaterally and illegally breached our 7 year partnership by attempting to close down our priority right food, social and ceremonial lobster harvesting activities. This unconstitutional infringement to our Aboriginal right to harvest lobster for our food purposes has left the N.C.N.S. Netukulimkewe'l Commission no alternative but to file a "Notice of Intention" before the Supreme Court of Nova Scotia to hold DFO accountable for their actions.

DFO's public condemnations against our Aboriginal Harvesters has placed our harvesters in serious situations leading to hatred, harassment and hindrance, not only by DFO Fishery Officers but by the public at large. We will not stand by and let these blatant human rights violations against our people persist. We will use every legal avenue available both within Canada and within the International community to correct these injustices.

The N.C.N.S. Netukulimkewe'l Commission is currently pressing DFO morally, contractually and legally to restore our lobster food fishery and to address legal issues associated with DFO's unilateral amendment of our lobster food fishery. We will keep all A.T.R.A. Harvesters and NCNS members informed of any new developments regarding this situation.


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Hunting and Trapping Access

The N.C.N.S. Netukulimkewe'l Commission's Land Based and Fowl Natural Life harvest (hunting) seasons are in full swing.

The N.C.N.S. Netukulimkewe'l Commission would like to remind all A.T.R.A. Harvesters to fill out their "A.T.R.A. Netukli'tite'wk (Harvester) Land Based and Fowl Natural Life Harvest Effort Record Report Cards" and submit them along with all other relevant information and jawbones upon the completion of their harvests.

The N.C.N.S. Netukulimkewe'l Commission continues to attempt to work with the Nova Scotia Department of Natural Resources to establish and implement a comprehensive Protocol of Partnership and Understanding to address Hunting and Trapping issues in a manner that will mutually benefit both parties.

To date the development of a natural life management regime in partnership with the N.S. DNR has been slow but the N.C.N.S. Netukulimkewe'l Commission will continue to work towards developing this initiative and will update all A.T.R.A. Harvesters on any new developments.


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Parks Canada Protocol of Partnership

The N.C.N.S. Netukulimkewe'l Commission is currently working with Parks Canada officials in an attempt to develop a Protocol of Partnership to address co-management, alternative dispute resolution and controlled access for the harvesting of natural life species located in Nova Scotia's Federal National Parks similar to licensed access by non-Aboriginal persons..

The N.C.N.S. Netukulimkewe'l Commission is presently entertaining discussions with the Federal Aboriginal Justice Directorate to have an information workshop on Aboriginal Sentencing Circles in the near future. Once the workshop details are finalized, the N.C.N.S. and the Netukulimkewe'l Commission will canvas all the Zones and A.T.R.A. Harvesters for interested participants for attendance to this workshop.


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Forestry Access

The N.C.N.S. Netukulimkewe'l Commission has successfully brought to the forefront that the off-reserve Aboriginal peoples as represented by the N.C.N.S. must be included in any negotiations on forestry harvesting access between D.N.R. and the Aboriginal communities in N.S. At the present time all formal negotiations between D.N.R. and any Aboriginal Organizations/Bands are progressing extremely slowly because of the pending Court cases that are proceeding against 35 Aboriginal people charged for illegally cutting wood on Crown lands. The Marshall Supreme Court of Canada decision should have a major impact on this court case.

The N.C.N.S. Netukulimkewe'l Commission has had 2 scoping meetings with the D.N.R. Deputy Minister, Mr. Dan Graham, to find out where D.N.R. may be going with regards to forming partnerships and processes for off-reserve Aboriginal people to gain access to Crown land forests for their own personal use (i.e. firewood, etc.) and to begin talks about the potential for Crown land access for commercial wood harvesting. To date no formal arrangements are finalized.


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Sable Gas Project

A large multi-national corporation Sable Offshore Energy Inc. (SOEI) in partnership with Maritimes and Northeast Pipelines (M.& N.P.) is preparing to extract natural gas off the coast of Nova Scotia and then transport the gas via a network of overland pipelines to various destination points within eastern Canada and the United States.

The N.C.N.S. Netukulimkewe'l Commission has for more than the past year been trying to negotiate a Protocol Agreement with SOEI and M.& N.P. to allow for the inclusion of off-reserve Aboriginal people in monitoring, cooperative studies and mitigation of potential project impacts on their traditional land and water use, medicinal plants and archaeological sites. It is becoming evident that SOEI and M.& N.P. have no intention of sharing any of the benefits derived from this mega project with the off-reserve Aboriginal peoples in Nova Scotia. This is similar to the positions taken by the Governments of Nova Scotia and Canada where once again our natural resources and the use of our lands are being undertaken with no regard to meaningful Aboriginal participation, benefit sharing or compensation for unjustified expropriation.

To date SOEI and M.& N.P. are unwilling to provide the necessary resources for the establishment of a Protocol Secretariat within the N.C.N.S. Once again we are being ignored and left out.

The N.C.N.S. Netukulimkewe'l Commission as a result of a recent Federal Court decision which judged that M.& N.P. had not satisfied "Condition 22" of the National Energy Boards (N.E.B.) Certificate approval requirements which states:

"Condition 22: The Company shall submit to the Board a written protocol or agreement spelling out Proponent-Aboriginal roles and responsibilities for cooperation in studies and monitoring."
And that the N.E.B. had not demonstrated a procedural process of fairness, the matter of the M.& N.P. pipeline approval by the N.E.B. is now under re-evaluation once again.

Two issues have arisen:

  1. A process to determine (by written submissions by Intervenors of which the NCNS is one of many) whether M.& N.P. can "turn on the gas valve" so to speak without satisfying N.E.B. Condition 22 is being determined; and

  2. To determine a process of what would be the most appropriate procedure for the N.E.B. to adopt with Aboriginal peoples to ensure that the full intent of Condition 22 is realized and implemented considering that the pipeline is already constructed (illegally) and ready to flow natural gas.


The NCNS is, and has always been prepared to enter into a meaningful Protocol with M.& N.P. and SOEI to ensure that our issues, for the betterment of our Aboriginal community, is realized for the long term.

Another very real issue that all Aboriginal communities will have to address with the N.E.B. is the question of how did SOEI progress its natural gas drilling and pipeline work when it too did not satisfy the N.E.B.'s Condition 9 which states:
"Condition 9: The Company shall submit to the Board a written protocol or agreement spelling out Proponent-Aboriginal roles and responsibilities for cooperation in studies and monitoring."
This matter will also be raised with the N.E.B. by the NCNS in the upcoming weeks.


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New Federal Firearms Act
(Gun Control)

For more than a year the N.C.N.S. Netukulimkewe'l Commission has been involved in consultations with the Canadian Firearms Centre and now the N.S. Department of Justice through the Nova Scotia Chief Provincial Firearms Officer.

The N.C.N.S. Netukulimkewe'l Commission has continually put forward the position that the new Firearms Act and Regulations must not abrogate or derogate the Aboriginal and Treaty rights of the Mi'kmaq/Aboriginal peoples in Nova Scotia. To that effect the Federal Government has now included a special section within the new Firearms Act called the Aboriginal Peoples of Canada Adaptations Regulations aimed specifically at Canada's Aboriginal peoples.

During the past several months we have received updating "Bulletins" from the Canadian Firearms Centre (CFC) which is in charge of implementing the new Firearms Regulations. It now appears that the Federal Department of Indian and Northern Affairs (DIAND) is attempting to poison this legislation to include only on-reserve Status Indians. Once again our battles increase on behalf of all off-reserve Aboriginal peoples who continue to reside on their traditional lands undisplaced to Indian Act reservations.

To date the N.S. Department of Justice refuses to be clear as to how these regulations will apply to the Aboriginal people and how the N.C.N.S. Netukulimkewe'l Commission will be involved in the processes.

Therefore we are suggesting to all A.T.R.A. Harvesters that they not follow through or proceed with any applications for firearms licenses or firearms registration certificates until the N.S. Chief Provincial Firearms Officer confirms the following:

  1. That Chief and President of the Native Council of Nova Scotia as the leader of the off-reserve Mi'kmaq/Aboriginal peoples community would confirm that the individual A.T.R.A. Harvester:

    1. is a member of one of the Aboriginal peoples of Canada; and

    2. is a member of the large community of off-reserve Mi'kmaq/Aboriginal peoples residing throughout traditional territory in Nova Scotia undisplaced to Indian Act reservations;

    3. engages in the traditional hunting practices of the individuals off-reserve Mi'kmaq/Aboriginal community in Nova Scotia; and

  2. That the N.S. Department of Justice will identify, train and establish an appeals committee through the N.C.N.S. Netukulimkewe'l Commission to address problem applications of any A.T.R.A. sustenance harvester where the N.S. Department of Justice may require more information and advice about and A.T.R.A. Harvesters application for a firearms license or a firearms registration certificate; and

  3. That the N.C.N.S. Netukulimkewe'l Commission and the N.S. Department of Justice will formulate the clear "Aboriginal Sustenance" appendix form realizing that all A.T.R.A. Harvesters are exercising an Aboriginal food and economic sustenance harvest for themselves, their family and their community by reason of being beneficiaries and true heirs of Aboriginal and Treaty rights;

  4. That the N.S. Department of Justice will work with the N.C.N.S. Netukulimkewe'l Commission, the natural life management authority for the large community of Mi'kmaq/Aboriginal people residing off-reserve in Nova Scotia throughout traditional Mi'kmaq territory undisplaced to Indian Act reservations, wherein 3 or 4 Aboriginal instructors will be trained to provide to the off-reserve Mi'kmaq/Aboriginal peoples of Nova Scotia the Canadian Firearms Safety Course (C.F.S.C.). This relationship would eliminate the intimidating feelings by some of our A.T.R.A. Harvesters who will take this course. It is in both of our interests to make sure that the individual learns and benefits as much as possible from the C.F.S.C. in the best environment possible; and

  5. That the N.S. Department of Justice and the N.C.N.S. Netukulimkewe'l Commission will explore and have a more effective broader approach for "Firearms Verifiers" by again exploring the value of having N.C.N.S. Netukulimkewe'l Commission Prefects designated and trained to be "Firearms Verifiers".


The N.C.N.S. Netukulimkewe'l Commission continues to press these issues at the Federal level and with the N.S. Chief Firearms Officer (Maarten Kramers).


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Safe Boating Regulations

The N.C.N.S. Netukulimkewe'l Commission has received information that the new "Boating Safety Regulations" are in effect as of April 1, 1999.

The Canadian Coast Guard is responsible for these new regulatory changes which will be implemented under the "Small Vessel Regulations", with the objectives of: improved minimum safety equipment, safety precautions and enforcement tools.

The types of regulatory changes under the "Small Vessel Regulations" are as follows:

1. New vessel operator ages and horsepower restrictions;

2. New recreational boat operator competency certification;

3. New safety precautions; and

4. New safety equipment requirements.

The N.C.N.S. Netukulimkewe'l Commission is currently working with the Halifax squadron (a unit of Canadian power and sail squadrons) to learn more about these new regulatory changes and to access what impacts, if any, that these new regulations will have on the off-reserve Aboriginal people in Nova Scotia.

A complete brochure information guide to these changes will be forwarded to all A.T.R.A. Netukli'tite'wk (Harvesters) in the near future.


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Aboriginal and Treaty Rights Access (A.T.R.A.) Passports

While the NCNS completes its "Citizenship Process" which is expected to be presented for ratification at the 26th Annual General Assembly, the ATRA Passport process continues to be the sole source of identification for off-reserve Mi'kmaq/Aboriginal peoples to participate in the harvest management regime of the N.C.N.S. Netukulimkewe'l Commission.

A recent motion of the NCNS Board of Directors requires that each A.T.R.A. Passport applicant must supply a copy of their N.C.N.S. Full Membership card as part of the supporting documentation needed with each A.T.R.A. application.

The NCNS will be contacting all existing A.T.R.A. Passport holders and all new A.T.R.A. Passport applicants to ensure that this piece of documentation is on file.

If any off-reserve Mi'kmaq/Aboriginal person living in Nova Scotia wishes to apply for an A.T.R.A. Passport, you can do so by contacting the N.C.N.S. Netukulimkewe'l Commission office at 1-902-895-7050 or toll free at 1-877-565-1752 8:30 A.M. - 4:30 P.M. Monday to Friday.

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Yours in the Preservation of
Aboriginal and Treaty Rights,





Tim Martin
Commissioner