Question Period Note: Ghotelnene K’odtineh Dene [HOTEL NE-NAY K’HO TEE NEH DEN-AY] and Athabasca Denesuline Negotiations

Our government recognizes that addressing the transboundary claims with Indigenous groups, and provincial and territorial governments is essential to Reconciliation.

Before signing any agreement, Canada has a duty to engage in meaningful consultation to determine if there are any potential impacts on the rights of other Indigenous groups.

Given that this matter is now before the Court, it would be inappropriate for us to comment further.

The Government of Canada is negotiating a final settlement with the Athabasca Denesuline and Ghotelnene K’odtineh Dene to address their asserted harvesting and other land-related rights in the Northwest Territories and Nunavut. Amendments to the Nunavut Land Claims Agreement are required to give effect to the Athabasca Denesuline and Ghotelnene K’odtineh Dene rights in Nunavut. Canada has negotiated the proposed amendments to the Nunavut Land Claims Agreement with Nunavut Tunngavik Inc. Amendments include a recognition of Inuit harvesting rights in northern Manitoba, to address an outstanding federal obligation under Article 42 of the Nunavut Land Claims Agreement.

In April 2019, Canada commenced section 35 Crown consultations on the draft land, water and environmental management articles of the Athabasca Denesuline and Ghotelnene K’odtineh Dene Final Agreements with potentially affected Indigenous groups in the Northwest Territories.

On June 12, 2019, Minister Bennett advised Chief Negotiators for the Athabasca Denesuline and Ghotelnene K’odtineh Dene that Canada was no longer in a position to schedule a date to initial their draft Final Agreements, due to Crown consultation processes underway. During these consultations Indigenous groups in the Northwest Territories have expressed significant concerns with text of the draft agreements. In light of their concerns, the Government of Canada must take the time to fully assess and respond to those concerns. The Governments of the Northwest Territories and Nunavut and Nunavut Tunngavik Inc. were also advised on June 17, 2019.
In October 2019, the Government of Nunavut filed a reference question to the Nunavut Court of Justice under the Legal Questions Act, seeking advice on whether the Government of Nunavut consent is required for the Athabasca Denesuline and Ghotelnene K’odtineh Dene modern treaties, as well as any amendments to the Nunavut Land Claims Agreement in order for these agreements to take effect. This matter is currently before the court. The Government of Nunavut is also currently engaged in the negotiation of a devolution agreement with Canada.

If pressed on Crown Consultations

Section 35 Crown consultations with potentially impacted Indigenous groups have been underway for some time.
Treaty negotiations are conducted in confidence between the parties at the negotiation tables.
At this time, we are not in a position to define a timeline for the conclusion of these modern treaties.
Canada remains committed to addressing transboundary claims with Indigenous groups, working towards fair and reasonable agreements that recognize the rights of the Indigenous groups across provincial and territorial boundaries.

If pressed on Nunavut

The Government of Nunavut has been participating in negotiations and its concerns are being addressed. The Government of Nunavut has always been welcome to sign the treaties as part of Canada, as they have done previously.
Canada is hopeful that once consultations are concluded, and any accommodations are addressed, we can move forward with finalizing these treaties with the Athabasca Denesuline and Ghotelnene K’odtineh Dene that will meet the interests of all negotiating parties.

If pressed on Inuit Support

Nunavut Tunngavik Inc., on behalf of the Inuit of Nunavut, has been an active participant in Athabasca Denesuline and Ghotelnene K’odtineh Dene negotiations.
We remain hopeful that Inuit support of the Athabasca Denesuline and Ghotelnene K’odtineh Dene modern treaties will continue.