Question Period Note: Wet’suwet’en MOU

About

Reference number:
CIR-2020-10002
Date received:
May 26, 2020
Organization:
Crown-Indigenous Relations and Northern Affairs Canada
Name of Minister:
Bennett, Carolyn (Hon.)
Title of Minister:
Minister of Crown-Indigenous Relations

Suggested Response:

• In 1997, the Supreme Court of Canada strongly encouraged parties in Delgamuukw-Gisday’wa [del-dum-OOK gis-day-away] to pursue good faith negotiations regarding Aboriginal rights, this MOU breathes life into that decision by marking an important step in our shared work to implement Wet’suwet’en rights and title.
• This MOU establishes a path forward for discussions towards substantive agreements, which would describe future governance and the implementation of Wet’suwet’en rights and title. The MOU does not create, modify or implement rights and title, but does reflect a shared commitment to negotiate substantive agreements.
• Any such agreements, once reached, would be taken back to all Wet’suwet’en people for approval through a process that must clearly demonstrate the consent of the members of the nation. The parties will be discussing the appropriate approaches to ratification.

Background:

N/A

Additional Information:

If pressed
• The next steps will include further and ongoing engagement by the Wet’suwet’en with their house groups - including the elected chiefs of the Wet’suwet’en Nation, their community members and others.
• A comprehensive and transparent engagement process will allow parties to work together towards final agreements on the affirmation and implementation of Wet’suwet’en rights and title.
• Walking the path of reconciliation means working together and having these complex - and sometimes difficult - discussions as we do the work of implementing Indigenous rights in the true spirit of respect, cooperation and partnership.

If Pressed – why going ahead when there is opposition from the elected Chiefs and other community members?
• It was the hereditary chiefs who took the case of the rights and title of the Wet’suwet’en Nation to the Supreme Court of Canada.
• Now, the Wet'suwet'en nation: elected representatives, hereditary Chiefs, and community members should work together to design their governance, with the support of Canada and BC.
• We need to provide the space for the internal conversations that are going on right now between the elected and hereditary leadership and will continue throughout the process to help inform negotiations.
• We look forward to the work ahead as all three governments work together to implement rights and title of the Wet’suwet’en Nation.

INAN Committee
• As the member knows, the committee on Indigenous and Northern Affairs is independent and the members determine how to conduct its affairs and what witnesses to call.
• I have every confidence in their ability to study the Government of Canada’s response to COVID19 regarding Indigenous peoples and it would be inappropriate for me to comment further.

Pipeline
• Our discussions in Smithers with the Wet’suwet’en Hereditary Chiefs and the BC government focused on two distinct issues - Wet’suwet’en rights and title and issues arising out of the CGL pipeline.
• The CGL pipeline remains entirely within provincial jurisdiction and I would refer you to comments made by the BC Government with respect to that project.

EDC – Coastal Gaslink
• As a financially self-sustaining Crown corporation, Export and Development Canada operates at arm’s length from the Government.
• This means that EDC's participation in certain projects is at arm's length from policy makers and without taxpayers’ money.
• We expect EDC to be fully transparent and accountable for their transactions and also ensuring it continues to meet the evolving needs of Canada's exporters and upholds the values that Canadians expect which includes corporate social responsibility, environmental sustainability, and reconciliation with Indigenous Peoples.
• The Government of Canada remains confident that EDC, as an arm’s length organization, provides its services upholding these values.