Mi¹kmaq / Maliseet / Passamaquoddy Integrated Natural Resource Management Policy

1.  Policy Objectives

The objective of this policy is natural resource management pursuant to the inherent right of self-determination and the treaty relationship between the Mi¹kmaq, Maliseet and Passamaquoddy and the Crown and the implementation of the treaties in the context of natural resources. This policy is intended to form the basis of what will ultimately become Mi¹kmaq, Maliseet and Passamaquoddy natural resources law. The Mi¹kmaq, Maliseet and Passamaquoddy recognize that any deterioration of natural resources impacts upon their rights. These Nations also recognize the importance of  viable and sustainable communities and livelihoods. Accordingly, the Mi¹kmaq, Maliseet and Passamaquoddy must be involved with decisions respecting all economic activities that may have an impact on the health and viability of natural resources. This policy intends to provide a foundation for the preservation and sustainability of lands, waters and resources within the traditional territories of the Mi¹kmaq, Maliseet and Passamaquoddy based on their traditional values and treaty responsibilities. It also intends to provide a foundation for the sustainability of Mi¹kmaq, Maliseet and Passamaquoddy communities and livelihoods based on their treaty rights without jeopardizing the integrity, diversity and productivity of their native environment. The Mi¹kmaq, Maliseet and Passamaquoddy continue to assert their exclusive authority over conservation of the natural resources and the consequential right to direct access to those resources.   


2.  Foundations of Mi¹kmaq/Maliseet/Passamaquoddy Jurisdiction

Right of Self-Determination 

The Mi¹kmaq, Maliseet and Passamaquoddy have retained jurisdiction over their traditional territories and the resources contained within by virtue of the inherent right of self-determination.   Pursuant to their jurisdiction, the Mi¹kmaq, Maliseet and Passamaquoddy enact this policy which will control the resource activity of the Mi¹kmaq, Maliseet and Passamaquoddy and ensure that the lands, waters and resources within their traditional territories are adequately managed and conserved for future generations. This process of self-determination will be built upon existing and traditional governance and must allow for full participation of all Mi¹kmaq, Maliseet and Passamaquoddy in decision-making. The Treaty Relationship   The very essence of a treaty relationship is its nation to nation character. The Mi¹kmaq, Maliseet and Passamaquoddy entered into a treaty relationship with the Crown during the 18^th century. Implicit within this relationship is the recognition of the equivalent sovereign jurisdiction of the Mi¹kmaq, Maliseet and Passamaquoddy nations. Also implicit within this relationship is the position that all jurisdictional areas have been retained by the Mi¹kmaq, Maliseet and the Passamaquoddy as self-governing nations.   


3.  Scope of the Policy   

The scope of this policy includes all available natural resources including, but not limited to, fisheries, wildlife, minerals, sub-surface resources, trees, plants, and medicines as well as lands, waters, habitat and ecosystems contained within the traditional territories of the Mi¹kmaq, Maliseet and Passamaquoddy.   


4.  Guiding Principles   

Conservation Protection   

The traditional values of the Mi¹kmaq, Maliseet and Passamaquoddy in the context of  resources of the lands, waters and air include the principles of respect, conservation, and responsibility. The Mi¹kmaq, Maliseet and Passamaquoddy recognize that the basis for viable and sustainable communities is sustainable resources.   

A Holistic Approach   

The Mi¹kmaq, Maliseet and Passamaquoddy have always viewed their natural environment in its entirety and recognize the interconnectedness of the resources. The Integrated Natural Resources Management Policy put forward by the Mi¹kmaq, Maliseet and Passamaquoddy will acknowledge this principle.   

Viable & Sustainable Communities and Livelihoods   

The Mi¹kmaq, Maliseet and Passamaquoddy have always viewed the treaty relationship as a means of sustaining their languages, cultures, and world views. They also view the treaty relationship as a means of culturally and economically sustaining their communities and livelihoods.   The Mi¹kmaq, Maliseet and Passamaquoddy have endured significantly sub-standard socio-economic conditions for many decades and have waited patiently for Canada to acknowledge the treaty relationship. The principles recently recognized by the Supreme Court of Canada in the Marshall decision will support the Mi¹kmaq, Maliseet and Passamaquoddy in achieving a higher quality of life for individual community members and improved social infrastructure for communities as a whole.   

Protection of Treaty Rights   

The Mi¹kmaq, Maliseet and Passamaquoddy have preserved knowledge of the treaty relationship for many generations. Protection of treaty and aboriginal rights has always been and will continue to be foremost in positions taken with the Crown.   The Mi¹kmaq, Maliseet and Passamaquoddy realize that existing management systems result in the deterioration of the resources which negatively impacts upon their treaty rights. This reality dictates that the Mi¹kmaq, Maliseet and Passamaquoddy must incorporate their traditional philosophies of resource management into modern day policy. Accordingly, Mi¹kmaq, Maliseet and Passamaquoddy harvesters will not be managed by political licenses or permits issued by the Crown or its agents. The Mi¹kmaq, Maliseet and Passamaquoddy Nations will not accept or be subject to licenses or permits issued by the Crown or its agents on behalf of their collective nations or individual members.   The Mi¹kmaq, Maliseet and Passamaquoddy will ensure the protection of treaty rights through independent institutions which will ensure fair and equitable access to natural resources.   

Peaceful Co-existence and Self-Reliance   

The Mi¹kmaq, Maliseet and Passamaquoddy are committed to the principles of peaceful co-existence with the Crown and its subjects consistent with the treaty relationship.   Community Involvement   Resource management must be a democratic process involving resource users and their communities being directly involved in the decision making process. Accordingly, this policy advocates the establishment of community-level harvesters¹ organizations within each First Nation.   


5.  Treaty Federation System   

It is envisioned that, for the purposes of natural resource management, the Mi¹kmaq, Maliseet and Passamaquoddy shall enact this policy as a central and consistently applied policy throughout their territories and shall formulate more specific and localized policies to suit local circumstances. These localized policies can occur, for example, at the district, tribal council or First Nation level. Regardless of what level is selected as the unit of jurisdiction, any policies enacted at the local level shall be consistent with this policy.   This policy advocates the establishment of institutions such as natural resources authorities to address issues such as adjacency between Mi¹kmaq, Maliseet and Passamaquoddy jurisdictions and portability of rights. The Mi¹kmaq, Maliseet and Passamaquoddy acknowledge the need for protocols to address such issues and the establishment of these institutions can greatly enhance the development and fulfillment of such protocols. Elders and existing institutions such as Grand Councils shall be utilized as much as possible within these institutions.   


6.  Treaty Beneficiaries

The Mi¹kmaq, Maliseet and Passamaquoddy Nations assert their right to define their own  citizenship as a fundamental right of self-government. The Mi¹kmaq, Maliseet and Passamaquoddy shall establish criteria for citizenship and citizenship policies based on principles of fairness and equity.   


7.  Communal Benefits

The Mi¹kmaq, Maliseet and Passamaquoddy recognize that treaty benefits and entitlements belong to each and every Mi¹kmaq, Maliseet and Passamaquoddy person.   The Mi¹kmaq, Maliseet and Passamaquoddy shall endeavor to achieve viable and sustainable communities and support for social infrastructure through treaty rights and entitlements. This policy advocates the establishment of institutions such as management agencies to develop, in conjunction with resource harvesters and communities in general, the means to achieve, and the nature of, communal benefits from the treaty relationship.   


8.  Capacity Building   

The Mi¹kmaq, Maliseet and Passamaquoddy acknowledge the need to build capacity in order to ensure protection of the resources and use and protection of treaty rights to the fullest possible extent.   

Education   

In order to meet responsibilities of management, Mi¹kmaq, Maliseet and Passamaquoddy human resources require educational training and access to traditional knowledge in the following areas: resource management, sciences, forestry, fisheries, environmental studies, social studies, law, business, public administration and law enforcement. This is not intended to be an exhaustive list and will likely be expanded as treaty implementation evolves.       

Training   

Many aspects of the resource sector can be very technical and, at times dangerous. Mi¹kmaq, Maliseet and Passamaquoddy people will require training in order to develop necessary harvesting skills.   

Public Education   

Public Education is needed within Mi¹kmaq, Maliseet and Passamaquoddy communities and amongst the public in general on issues of treaties and issues of resource dynamics and management. It is crucial that First Nations communities and the general public understand the foundations of Mi¹kmaq, Maliseet and Passamaquoddy policy and the need for proper management.   Additionally, efforts should be made to provide information within Mi¹kmaq, Maliseet and Passamaqoddy educational institutions on traditional management structures to allow Mi¹kmaq, Maliseet and Passamaquoddy youth to have better knowledge and understanding of their environment. 

Access to Capital   

Given the present socio-economic conditions in most First Nation communities, the Mi¹kmaq, Maliseet and Passamaquoddy will develop plans to ensure that community members have sufficient access to necessary capital to exercise their rights. Fair and equitable guidelines must be developed to ensure that all community members can access capital should they choose to exercise their rights.   


9.  Natural Resources Management   

Scientific Capacity   

The Mi¹kmaq, Maliseet and Passamaquoddy must have the people, tools, infrastructure and institutions to conduct research on issues such as social and economic aspects of treaty implementation, conservation as well as research on the resources themselves. All scientific capacity must involve resource harvesters and employ traditional knowledge to the fullest possible extent.  

International Implications  

Recognizing that any deterioration or impact on resources means an impact upon their treaty rights, the Mi¹kmaq, Maliseet and Passamaquoddy must be involved in all international economic, environmental or regulatory negotiations or any other international negotiations which may affect Mi¹kmaq, Maliseet and Passamaquoddy natural resources or treaty rights.  

Relationship with the Crown  

Pursuant to the nation to nation character of the treaty relationship, the Mi¹kmaq, Maliseet and Passamaquoddy envision a joint management regime for the entire resource sector. This vision is consistent with the established fact that the Mi¹kmaq, Maliseet and Passamaquoddy are the only peoples who have a constitutionally protected right to the resources in their traditional territories and waters, both tidal and non-tidal.  

Relationship with non-Mi¹kmaq, Maliseet or Passamaquoddy User Groups  

As set out in the guiding principles, the Mi¹kmaq, Maliseet and Passamaquoddy seek a peaceful co-existence with non-Mi¹kmaq, Maliseet and Passamaquoddy user groups as subjects of the Crown. Regardless, protection of treaty rights is fundamental. The Mi¹kmaq, Maliseet and Passamaquoddy assert that with the implementation of traditional philosophies of resource management to modern day policy, the resources will be preserved for generations to come.  

Subsistence Harvesting  

The Mi¹kmaq, Maliseet and Passamaquoddy assert that the harvesting of resources for  personal and non-trade consumption is still integral to their societies and must never be subject to regulatory restrictions. It is also asserted that this harvesting activity takes priority over all other harvesting activities.  

Resource and Habitat Protection  

All measures aimed at resource and habitat protection must be approached holistically and employ traditional knowledge and values to the fullest capacity.  This policy encourages the development and implementation of formal Mi¹kmaq, Maliseet and Passamaquoddy natural resources management plans to protect, conserve and economically develop resources. The Mi¹kmaq, Maliseet and Passamaquoddy recognize that uncertainty and environmental variability must be accommodated and therefore, all management plans must be of sufficient scope to accommodate the uncertainty and environmental variability inherent in the resource sector.  

Monitoring and Compliance  

The Mi¹kmaq, Maliseet and Passamaquoddy assert that monitoring of resource activity and compliance measures are matters of governance and that their jurisdiction is preserved and must be recognized.  This policy advocates the establishment of training programs for monitoring and enforcement in all resource sectors with emphasis on traditional knowledge, values and practices.  On the issue of compliance measures, the Mi¹kmaq, Maliseet and Passamaquoddy will seek development of compliance measures based on traditional values and practices. This development will require community level input and consultation with knowledgeable elders and scholars.  With respect to jurisdiction over non-Aboriginal resource activities, the Mi¹kmaq, Maliseet and Passamaquoddy assert that this jurisdiction is necessary for protection of resources and treaty rights. This policy advocates development of a protocol consistent with the proposed joint management approach.   


10.  Conflict Resolution   

The Mi¹kmaq, Maliseet and Passamaquoddy recognize the need for the establishment of protocols and institutions to address conflict resolution, for example, between Mi¹kmaq, Maliseet and Passamaquoddy and Crown subjects, between districts, and between harvesters and elected officials. Once again, where appropriate, traditional values and practices must be employed to fullest possible extent.   


11.  Policy Implementation   

This policy is a vision for ensuring the future of our peoples, our way of life, our natural resources, their supporting ecosystems and the benefits derived from the maintenance and utilization of natural resources. It also acknowledges that Mi¹kmaq, Maliseet and Passamaquoddy peoples share common and individual rights and responsibilities with respect to natural resources, including conservation and development for trade purposes. The goals, directions and actions expressed in this policy are, therefore, intended to apply throughout the traditional territories of the Mi¹kmaq, Maliseet and Passamaquoddy to ensure that these responsibilities and rights are fully realized, enforced and protected by the Mi¹kmaq, Maliseet and Passamaquoddy.