ARCHIVED - Labrador Inuit Land Claims Agreement - April 1st, 2011 - March 31st, 2012

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© Her Majesty the Queen in right of Canada, represented by the Minister of Aboriginal Affairs and Northern Development, 2013 This Publication is also available in French under the title: L'accord sur les reventications territorials des Inuit du Labrador Rapport Annuel 2011-2012

 


 

Implementation Committee Foreword

The Implementation Committee (IC) for the Labrador Inuit Land Claims Agreement (LILCA) is pleased to present its sixth annual report covering the period April 1, 2011 to March 31, 2012. The report includes an update on the priorities of the IC, implementation highlights from the Nunatsiavut Government (NG), the Government of Canada (GoC) and the Government of Newfoundland and Labrador (GNL), and an overview of the activities of the implementing bodies.

Original signed by

_________________
Toby Anderen

Appointed by Nunatsiavut Government

Original signed by

_________________
Ruby Carter

Appointed by Government of Newfoundland and Labrador

Original signed by

_________________
Nathalie Neville

Appointed by Government of Canada



Section I: Reporting on the Priorities of the Implementation Committee

1. Overseeing Board Funding and Governance

In 2011-12, the Torngat Joint Fisheries Board (TJFB) and the Torngat Wildlife and Plants Co-Management Board (TWPCB) submitted their annual budgets and work plans for 2012-13 which were reviewed and approved by the IC. An annual tripartite funding agreement for each board was negotiated by the GoC, the GNL, the NG and each of the board's Chairs based on the approved budgets and work plans. It is anticipated that the agreements will be signed in early 2012-13.

Annual tripartite funding agreements for 2011-12 for the TJFB and the TWPCB were each signed on April 8, 2011. Overall, the parties provided a total of $1,278,630 to fund both of the boards, and the Torngat Wildlife, Plants and Fisheries Secretariat (Secretariat). Funding for the Secretariat was divided equally and included in the funding agreements for each of the TJFB and the TWPCB. Funding for the TJFB, the TWPCB, and the Secretariat is shared equally among the three governments. For 2011-12, each government's one-third share of the total was $213,105 per board.

In addition, the three governments provided tripartite funding for the start up of the Dispute Resolution Board (DRB). Total funding available to the DRB in 2011-12 was $100,682. The NG provided assistance with regard to a number of administrative arrangements for the board.

2. Amendments to the LILCA

In 2011-12, the IC finalized a Memorandum of Agreement (MOA) detailing technical amendments to the LILCA to be considered for approval by the GoC, the GNL, and the NG. The technical amendments are primarily related to the Appendices and the Map Atlas of the LILCA. It is anticipated the MOA will be signed in early 2012-13.

3. Monitoring and Tracking Obligations

The initial LILCA Implementation Plan (IP) was negotiated for a 10-year period which will end on December 1, 2015. The IC included preparation for the renewal of the IP as a regular agenda item during IC meetings in 2011-12.

4. Establishment of the Dispute Resolution Board

The IC engaged in extensive discussions on the administrative arrangements necessary to assist the DRB in becoming fully operational.

On June 28, 2011, the IC held an Orientation Session in St. John's, NL for the five-member DRB. The Orientation included an overview of: the LILCA, the Dispute Resolution Chapter (Chapter 21), and funding available to the board.



Section II: Funding the LILCA

The GoC made the following grant payments to the NG in 2011-12 under the LILCA and its ancillary Fiscal Financing Agreement (FFA):

Fiscal Financing Agreement

Negotiations commenced on the NG FFA in 2011-12. The conclusion of the renewed agreement is anticipated in 2012-13. This agreement is the mechanism that provides grant funding for the self-government aspect of the LILCA.



Section III: Highlights for 2011-12

Rose Island Repatriation

On August 16, 2011, the remains of 13 Inuit were returned to Rose Island in Saglek Bay, and laid to rest in a special ceremony. Attending the repatriation ceremony were the Honourable Kathy Dunderdale, Premier of Newfoundland and Labrador, and Nunatsiavut President Jim Lyall. Also present were the Honourable Patty Pottle, the provincial Minister of Aboriginal Affairs, and Nunatsiavut's Minister of Culture, Recreation and Tourism, Johannes Lampe. "This repatriation ceremony – a 'homecoming' of Inuit ancestors who are loved and revered – took the collective efforts of both our governments to accomplish," said Premier Dunderdale. Rose Island is within the Torngat Mountains National Park (TMNP). Inuit elders and Parks Canada (PC) officials were consulted throughout the extensive planning process for the reburial ceremony.

In the early 1970s, the remains of 113 Inuit – 100 from Rose Island and 13 from Upernavik Island – and associated artifacts were excavated from stone burials as part of a research project conducted by Memorial University. What was believed to be all of the remains were returned and reburied in 1995. It was recently discovered that some fragmentary remains were accidentally missed.

The Honourable Patty Pottle, the Minister of Aboriginal Affairs, noted how human curiosity can often compel people to seek information about the past. However, not all scientific practices have been respectful of the traditions and cultures of the Inuit. "Much has changed in recent years to prevent what happened here decades ago from ever happening again," said Minister Pottle. "Throughout Newfoundland and Labrador, we now have the protection of the Historic Resources Act. It is also clearly stated in the Labrador Inuit Land Claims Agreement that the Nunatsiavut Government is the Archaeological Permitting Authority on Labrador Inuit Lands." In addition, the NG will be fully engaged, along with Aboriginal groups throughout Newfoundland and Labrador, in the development of a formal provincial policy for Aboriginal human remains.

Torngat Mountains National Park of Canada

  • Visitors to the Park
    The TMNP is Canada's 42nd national park and was created under the LILCA. Demonstrating the increasing popularity of the park, the two diagrams below provide an overview of the number of visitors and the number of Inuit who spend time in "the place of the spirits" on an annual basis:







  • Notable Visits to the Park
    As part of PC Centennial celebrations, PC brought Shelagh Rogers and five award winning Canadian authors to the TMNP to find inspiration and describe their experiences in the park. The project Northwords has produced a film and an hour-long CBC radio show – both of which have won awards. Also, PC and the NG collaborated with the Newfoundland and Labrador Teachers Association to bring ten teachers to the TMNP to learn about the park and Inuit culture.
  • Stewardship Mission
    Over the past three years, PC completed an inventory of historical debris, garbage and potential contaminated sites in the park, collected and stockpiled the debris and garbage and remediated those areas that required remediation. In September 2011, Adventure Canada picked up the remaining drums and debris that was left at the stockpile at kANGIDLUASUk, signifying the completion of this project. In total, close to 14 tons of garbage and debris were removed from the park, the base camp and Hebron for appropriate disposal in the south. PC, the NG, members of the TMNP Cooperative Management Board, and Inuit students from Nunavik and Nunatsiavut participated in this project.
  • Management Priorities
    Work in 2011-12 on implementing the priorities identified in the Management Plan for the TMNP included developing guidelines for visitors to Sallikuluk, designated a special management area to ensure that the integrity of cultural resources is protected and visitors have the opportunity to learn the story of the Inuit and their connection to the park.
  • Repatriation of Inuit Remains
    PC, in consultation with the Cooperative Management Board, the NG and Makivik Corporation supported the NG and the GNL's plan for the repatriation of Inuit remains in a traditional grave on Sallikuluk. PC will protect these burial sites, as well as honour and share the story of this place.

Land Use Plan

During 2011-12, the Regional Planning Authority (RPA) made progress on the draft Regional Land Use Plan for the Labrador Inuit Settlement Area (LISA). In June 2011, the RPA submitted a draft of the Land Use Plan to the GNL and the NG to be adopted in principle. Adoption in principle did not signify that governments' approved the draft Plan, but rather indicated it could proceed to the public hearings stage. In September 2011, the RPA announced it had appointed a commissioner to hold the public hearings on the draft Plan and to prepare a report detailing recommendations on the draft Plan. The hearings took place in the five Inuit communities, as well as, Northwest River, Happy Valley-Goose Bay, Mud Lake and St. John's in October – November 2011. The RPA submitted the commissioner's report to governments in December 2011 for review. Both governments provided their comments on the report to the RPA in January 2012. The RPA submitted the final draft Land Use Plan to governments in late March 2012.

Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB)

On May 11, 2011 staff of the C-NLOPB visited Happy Valley Goose Bay to meet with the NG with respect to the upcoming Call for Bids which included lands adjacent to the Zone. On November 16, 2011, the C-NLOPB announced that there were no bids received as a result of the call. The NG were notified of, and participated in, an environmental assessment under the April 1st, 2011 - March 31st, 2012 Canadian Environmental Assessment Act with respect to a seismic program to be executed in areas adjacent to the Zone.

Remediation Efforts in Hopedale

The GNL Ministers of Environment and Conservation, and of Aboriginal Affairs, along with officials from both departments and the consulting firm Aivek-Stantec Limited Partnership, held a public meeting in Hopedale in July 2011 to discuss ongoing remediation efforts related to the former military site near the community. The Department of Environment and Conservation retained a consultant to complete an extensive environmental assessment in Hopedale, as well as human health and ecological risk assessments at the former US Military Site and subdivision area. Following completion of these assessments, a remedial action plan was developed. The GNL is moving forward with its work plan regarding remediation efforts in Hopedale and continues to work closely with residents throughout the process. The GNL's Budget 2011 included a commitment of $6.3 million to support ongoing remediation efforts in Hopedale with funding of $2.2 million in 2011, and an allocation of $2.1 million and $2 million in each of the next two years, respectively.

Housing

In recognition of the need for greater strategic decision-making capacity in regard to social housing, the GNL, GoC and NG committed to work together and produce an Inuit Housing Needs Assessment for the five Inuit communities. Intergovernmental arrangements and planning continued throughout 2011 and early 2012. The final report should be near completion by the end of May 2013.

Under the goals outlined in the Provincial Social Housing Plan for Newfoundland and Labrador, Secure Foundations, Budget 2011 provided funding for renovations and improvements, affordable housing, and maintenance through Newfoundland and Labrador Housing Corporation. This funding included $1.2 million for four public housing units for low income residents requiring smaller housing units in Hopedale, and $943,000 to construct four new affordable housing properties in Nain, completed in March 2012.

Recreation Centres

On August 31, 2011, the Honourable Kevin O'Brien, Minister of Municipal Affairs, was joined in Hopedale by Nunatsiavut President Jim Lyall to announce $20.7 million to construct recreation facilities in Makkovik and Hopedale. The GNL will contribute $12.7 million and the NG will contribute $8 million to these projects.

The Makkovik arena will be 2,520 square metres and include an ice surface, change rooms with washrooms and showers, officials' room, ice-resurfacer room, a first-aid room and public washrooms. It will also include facility support spaces such as an office and storage rooms along with a canteen. The Hopedale multi-purpose centre will be approximately 1,200 square metres and include recreation space, a community kitchen and a storage and freezer room to support community gatherings. A radio room, library resource room, a meeting room and space for elders will also be included. The centre will have a locker area, washrooms and facility office space.

In August 2011, the GNL also announced a grant of $15,000 to the Postville Inuit Community Government to assist with upgrades to the local baseball field funded through the Capital Grant Program.

Potable Water Dispensing Units

The Inuit communities of Makkovik, Postville and Rigolet have received potable water
dispensing units which will provide residents with clean and safe drinking water. These units are funded through the Municipal Capital Works program and the Drinking Water Safety Initiative. Communities with populations of 500 or less with drinking water issues are eligible. Funding is cost-shared with communities paying 10 percent of the cost of the units. These units are smallscale water treatment systems which pump and treat water from the community supply, store the treated water and allow residents to manually collect the water from a small shelter. The construction of each unit ranges from $325,000 to $350,000 and each has an annual operating cost of $2,500 to $3,000.

Inuit Employment in the Provincial Public Service

In 2011 – 2012, the GNL's Public Service Commission conducted two competitions in the Inuit community of Nain, on behalf of the Department of Justice. Both competitions recruited for a Victim Services Regional Co-ordinator (one permanent and one temporary). In both cases, the job advertisement indicated that in accordance with the LILCA, Inuit were to be given priority consideration. Inuit were appointed in both competitions.

Language and Culture

In 2011-2012, through its Aboriginal Languages Initiative, Canadian Heritage provided a total of $68,801 in funding to the Inuaggualuit Language Nest and the Inuit Elders' Memories Project initiatives of the Torngasok Cultural Centre and $62,168 in funding to the NG via the Cultural Connections for Aboriginal Youth program.

Enhancing Mental Health and Addictions Services

In July 2011, the GNL supplemented its earlier investments in mental health (which were announced in February 2011) with a further provincial investment of $75,000, matched by the NG, for continued support to the Suicide Prevention and Intervention Program. This additional funding supported the Inuit Intergenerational Trauma and Addictions Health Training Program for mental health and addictions support workers; training for the Applied Suicide Intervention Skills program; delivery of a Mental Health First Aid program to 15-20 participants; the Youth Peer Group Program; extending the Survivor Support Groups to two new communities; and expansion of the Healthy Living Children's Integration Project.

GNL's Budget 2011 included an investment of $2.2 million to place five, full-time mental health and addictions counselors in Nain, Hopedale, Makkovik, and Natuashish and to provide the necessary accommodations and supports, with four counselors serving the Inuit communities. By living in the communities, these counselors provide greater access to services for individuals dealing with issues of suicide, substance abuse, violence and depression.

GNL also allocated $1 million to enhance awareness and access to mental health and addictions services through the implementation of a web-based e-mental health service and enhancements to tele-mental health services.

Mapping the Way, a mobile multidisciplinary mental wellness team in Labrador, was established in 2011. Mapping the Way initially provided services to the communities of Hopedale and Sheshatshiu with the service anticipated to expand to the communities of Nain and Natuashish in fall 2012. Funding for this project has been provided by the Northern and Aboriginal Crime Prevention Fund, as well as financial and in-kind resources from all health providers in Labrador including: the NG, the GNL Department of Health and Community Services (Labrador Grenfell Regional Health Authority), Sheshatshiu Innu First Nation, Mushuau Innu First Nation, and Health Canada (Labrador Secretariat).

To date, the project has offered self-care workshops for helpers in the communities of Hopedale and Sheshatshiu. These workshops have provided caregivers with techniques and practice for helping themselves in high stress environments. Mapping the Way teamed up with the NG to organize and deliver a youth retreat in Hopedale. This retreat focused on developing skills to cope with grief, combined with traditional Inuit healing practices.

Inuit Women's Capacity Building Program

The GNL Women's Policy Office, in partnership with the Department of Innovation, Business and Rural Development and the Newfoundland and Labrador Organization of Women Entrepreneurs, hosted a one-day business development workshop on March 21, 2012 in Hopedale. Inuit women had an opportunity to explore their entrepreneurial skills and interest in business at the workshop, so that they may avail of emerging opportunities in Labrador. The workshop was offered through the Inuit Women's Capacity Building Program, an initiative of the Women's Policy Office, which identifies and addresses the barriers Inuit women face to accessing Provincial Government programs and services. It provides them with the information they need to make a positive difference in their own lives, the lives of their families and the wellbeing of their communities.

Inuit women from Postville, Makkovik, Hopedale and Rigolet attended the workshop and indicated that they learned a great deal about business opportunities.

Child, Youth and Family Services Caseloads

During 2011-12 the Department of Child, Youth and Family Services (CYFS) continued work on a Labrador Service Delivery Model with the NG, the Innu Nation and the NunatuKavut Community Council. This Service Delivery Model will address the unique needs of people of Labrador and the roles of Aboriginal organizations and governments. A working group was established to support the work of the steering committee which was established in 2010-11 to oversee the work on the Service Delivery Model. Also, an Aboriginal consultant was hired to ensure that all CYFS policies and programs are culturally relevant.

Fisheries and Oceans

The annual senior management meeting between the NG and the Department of Fisheries and Oceans Canada was held to provide guidance on implementation priorities. Working level committee meetings were held, as required, throughout the year.

Environmental Protection, Assessment and Emergencies

Environment Canada (EC) and the NG continued to assess the viability and utility of a Landscape Cumulative Effects Simulator (ALCES) computer model in Labrador. EC held an ALCES workshop in February 2012 at which the NG participated.

EC provided advice on several Federal Contaminated Sites Action Plan remediation projects in TMNP.

Migratory Bird Management

In partnership with the TWPCB and others, EC carried out a Canada Goose (CAGO) banding program during the summer of 2011 to monitor populations breeding in Labrador. In November 2011, EC provided an information session to the TWPCB regarding the CAGO banding program and in March 2012, provided a community information session in Rigolet.

EC and the NG began the development of a volunteer-based initiative to collect ground-level information from seabird colonies along the coast of Labrador. The Community-Based Seabird Survey aims to recruit local egg harvesters to collect nest and productivity information while they are gathering seabird eggs, to improve assessment of the local seabird populations.

To facilitate early messaging to the NG membership on the expiry of treaty rights within Schedule 12-E in 2014, EC has had preliminary discussions with NG and continues to work towards the development of a communication strategy.

Moose Management

The GNL worked with the TWPCB and the NG to create new moose management areas within the LISA. Boundary lines and harvest quotas for the new moose management areas were established during meetings in 2010-11. Changes were incorporated into the hunting regulations for the 2011-12 season.

Caribou Management

The GNL worked with the NG to issue and distribute Special Inuit Licenses for George River caribou for the 2011-12 season. These licenses were issued in the areas set out in Schedule 12-E which are outside the LISA where Inuit may harvest in accordance with sections 12.13.10 and 12.13.13 of the LILCA.

At the request of the NG, biologists from the Department of Environment and Conservation participated in Inuit community consultations from November 6-11, 2011 to discuss the status of the George River Caribou Herd (GRCH) within the LISA.

On March 12, 2012, the GNL's Minister of Environment and Conservation, the Honourable Terry French, wrote President Lyall to provide information on the status of the GRCH and to commence consultation on possible conservation measures that may be necessary to protect the GRCH. It is anticipated GNL officials will meet with NG officials in early 2012-13 to provide a presentation on the GRCH and to discuss next steps.



Section IV: Implementing Bodies

Torngat Joint Fisheries Boards (TJFB)

  • Snow Crab
    In November of 2011, the TJFB hosted the third annual Snow Crab Workshop in Nain, Nunatsiavut. The workshop provides an annual opportunity for participants to analyze research results and policy developments, to plan further research and analysis, and develop policy options and recommendations. This process is helping to structure the 2012-13 research plan, and a comprehensive policy recommendation for the 2012 fishery.
  • Char Fishery Development Research
    Based on interest expressed by the NG, the TJFB partnered with the NG, the GoC, the Torngat Fish Producers Co-operative Society, the Marine Institute of Memorial University, PC, and commercial char fishers to identify and assess candidate rivers and develop research methodologies. This multi-faceted project was participatory throughout, and methods included a co-operative aerial survey and a workshop held in Nain.
  • Policy Development
    TJFB consulted throughout Nunatsiavut as the NG developed its commercial fisheries policy. TJFB also commented extensively on an external review of the northern shrimp fishery, and the federal fisheries modernization process.

Torngat Wildlife and Plants Co-Management Board (TWPCB)

  • Davis Strait Polar Bear Population
    The Davis Strait Polar Bear population is shared between Nunavut, Nunavik, Newfoundland and Labrador including Nunatsiavut. The TWPCB has been working with representatives of each of these regions to identify a sustainable harvest level, and equitable sharing principles. In 2011, the TWPCB commissioned a literature review of the Davis Strait sub-population. The TWPCB also worked with EC, Inuit Tapiriit Kanatami, territorial governments, and comanagement boards from Inuvialuit, Nunavik, and Nunavut, to develop a national approach to the collection, interpretation, and application of polar bear traditional knowledge. At the same time, the TWPCB has been contextualizing methodologies from each of these regions to develop a polar bear traditional knowledge study that is consistent with the national strategy, but relevant to Nunatsiavut. After careful analysis, the TWPCB submitted its decision to increase the TAH to the GNL's Minister of Environment and Conservation. The Minister accepted the decision of the TWPCB and increased the polar bear harvest in Nunatsiavut from 6 bears to 12.
  • Caribou Management
    In terms of food security, no species is more important to the people of Nunatsiavut than caribou. Three herds overlap the LISA – Torngat Mountains (north), George River (central), and Mealy Mountains (south). Each of the herds exists in its own social-ecological context, and the TWPCB is strategic in tailoring its research and analysis activities accordingly. Since the Torngat Mountains herd of caribou is poorly understood, the TWPCB has initiated a telemetry program, and is working with users and knowledge holders in Nunavik and Nunatsiavut to codevelop shared understandings of the herd. The George River herd, which is comparatively well understood, has declined precipitously from highs in the early 1990's. The TWPCB is working with governments and stakeholders across the range to identify an appropriate policy response. The Mealy Mountain herd is listed as threatened under both the federal Species at Risk Act and the provincial Endangered Species Act. The TWPCB commented extensively on a draft recovery strategy, and is working with the GNL and stakeholders in Nunatsiavut to refine our biological understanding of the herd, and customize management options.

Dispute Resolution Board (DRB)

A five member DRB was appointed in accordance with the LILCA in February 2011. In 2011- 12, the DRB became fully operational. The board held its first official board meeting on June 28 during which Violet Ford was appointed as the Chairperson.

The DRB also held two subsequent meetings to prepare their start up year deliverables which included establishing a roster of mediators and internal rules and procedures.



Section V: Relevant Web links

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