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Art Eggleton

The Hon. Art  Eggleton, P.C. Senator Art Eggleton has served the people of Canada and the city of Toronto in public office for over 35 years. He was appointed to the Senate on March 24, 2005, by the Rt Honourable Paul Martin and represents the province of Ontario.

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Eeyou Marine Region Land Claims Agreement Bill

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Statement made on 17 November 2011 by Senator Nick Sibbeston

Hon. Nick G. Sibbeston:

Honourable senators, I am pleased to speak on Bill C-22, An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region. It is heartening to see that all the parties in the other place have supported this bill, making it possible for quick passage, and I am sure it will similarly pass this house.

Modern land claims provide tremendous benefits to Aboriginal people and to Canada. I speak from experience in that in the Northwest Territories there have been four major claims settled and there are a number still in negotiations. Through these land claims, the lives of people that are affected become better; people become happier and are able to partake in Canadian society in a more effective and profound way.

One of the benefits of establishing land claim agreements is that there is greater clarity and certainty, thus allowing for economic development to proceed for the benefit of all Canadians.

Though success does not happen overnight, settling a claim provides a basis for success to be achieved. One need only look at the Inuvialuit in the Beaufort Delta and the Cree in Northern Quebec. They were the first to settle their claims and are now both economic powerhouses, not just in their regions but across Canada.

I can speak from experience of knowing the Inuvialuit situation up in the Beaufort area, where in 1984 they settled their claim. At the time, they received $56 million to $60 million that they could use for economic development. Through wise investment and business, they have converted that money into over $1 billion, and they are one of Canada's 500 Fortune companies. They have done very well and they have used their money wisely. People have control over development that occurs in their area, and their lives have generally improved because of the land claims.

However, land claims are not simply about land and money; they are about enhancing the ability of Aboriginal people to govern their own lives. They create management institutions and give communities the capability and confidence to use them. They provide a bridge between traditional ways and the modern world, so they can, in the words of Tlicho leader Chief Jimmy Bruneau, "be strong like two people."

The Eeyou Marine Regional Land Claim covers 61,000 square kilometres off the eastern shore of Quebec and James Bay and in the southern Hudson Bay. I appreciate that Senator Patterson has stated the main provisions of the agreement, but I will repeat some of them so honourable senators can recognize the significance of the claim.

The waters in the claim area contain many islands. Of the 1,650 square kilometres, 150 square kilometres will be owned exclusively by the Crees of Eeyou Istchee, and another 400 square kilometres will be owned jointly by the Nunavik Inuit. Canada will retain ownership of the remaining islands, the marine waters and the seabed. The Cree will also participate in co-management boards respecting wildlife and will have exclusive harvesting rights in the area specifically for some species.

A capital transfer of $67.5 million will occur over 10 years. There is also a one-time payment of $5.7 million when the agreement comes into effect. The Cree will also receive a share of resource royalties from the extraction of natural resources in the Eeyou Marine Region. It is significant that this agreement addresses outstanding issues from the first modern land claim agreement, James Bay and Northern Quebec, which was made in Canada. This should remind us that the land claims process is not static; it creates an ongoing government-to-government relationship between Canada and claimant groups.

Canada has sometimes struggled with the implementation process of land claim agreements. It is interesting that Aboriginal people enter into these agreements in good faith and with a lot of hope. Unfortunately, over the years, the federal government has not come through with all of the provisions and

commitments they made, but that is being worked on. All Aboriginal groups that have land claims have come together for meetings, and they have appeared before Senate committees to deal with some of their problems.

I hope this awareness of and publicity about the problems of implementation will be solved and will not be a problem in future years. What good are land claims if the federal government does not come through with all of the provisions that it promises? The matter of implementation has been pointed out by the Auditor General and by the Standing Senate Committee on Aboriginal Peoples. This has resulted in a number of lawsuits, some of which are ongoing. Bill C-22 contains provisions for a review within 10 years with respect to performance and implementation. Obviously, the parties have recognized that implementation is an issue and that they must focus on it and be sure that all of the provisions in the claim come to pass in an appropriate way.

When I talk about this, I refer not only to this government but also to past governments. This is a non-partisan issue. The current government has told us that they intend to change the implementation process so that it respects the spirit and intent of modern treaties, not just the letter of the law. I do not think they are quite there yet, but we, as honourable senators, must always be vigilant to ensure that they get there eventually.

Despite these words of caution, I wholeheartedly encourage the adoption of this bill and urge all honourable senators to do the same.

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