The Royal Commission on Aboriginal Peoples

Our review of the recommendations of the RCAP indicates that many are relevant to the situation of the Innu, particularly those regarding housing, education, cultural identity and language, health and self-government. The RCAP emphasized that community health and well-being depend on an integrated and comprehensive approach to these issues, which are inter-related and interdependent within the framework of community control.

Housing conditions for the Mushuau Innu will improve significantly as a result of relocation although, as noted above, concerns remain in respect of the overall implementation of the project. Innu education remains under provincial control, with little opportunity for Innu involvement.

The revitalization of Innu-aimun, the Innu language, which is at risk of extinction over the long term, is of particular concern to the Innu. Despite this, it has received little government attention. Another important principle of the RCAP yet to be fully realized within Innu communities is the need for comprehensive strategies for family health and healing. Self-government is seen by RCAP as the key to progress, yet self-government discussions with the Innu are currently in abeyance.
  

CONCLUSION Actions of the Government since 1993 have gone some way towards implementing key recommendations of the RCAP, especially with regard to the relocation project and certain aspects of health care. However, in many critical areas such as education and self-government, there is little evidence that the recommendations of the Royal Commission have been implemented at all in respect of the Innu.

Land Claims

Land claims negotiations have been in progress since 1991. The Province, which was previously a reluctant participant, is now fully involved. The Government continues to be supportive of resolving the issue and notes that current Innu claims are more realistic than previous positions. All the parties have been motivated by the economic opportunities arising from the Voisey’s Bay development.

The already complex land claims process has been further complicated by the suspension of self-government negotiations and the registration and reserve creation process. Notwithstanding a current air of guarded optimism by all parties, after 11 years of negotiations, final resolution still appears to be a long way off.

CONCLUSION There is an opportunity for the Government to reach a comprehensive land claims settlement with the Innu. There is momentum on the Innu side, arising out of their new proposals and the opportunities provided by the Voisey’s Bay development, that will be lost if the Government does not match that momentum. Progress requires a clear commitment by the Government and the early resumption of self-government negotiations.

International Human Rights Commitments

We found several international human rights instruments whose provisions may be relevant to the Government’s relations with the Innu. Both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights provide that all peoples have the right to self-determination and the right to "freely pursue their economic, social and cultural development." Although the full scope of this right as it applies to Aboriginal peoples has yet to be determined, self-government of Aboriginal peoples such as the Innu is clearly anticipated. Likewise, the Draft Declaration on the Rights of Indigenous Peoples also anticipates self-government of Aboriginal First Nations.

Another instrument relevant to the Innu is the Convention on the Rights of the Child, which provides that the "best interests" of the child should always be the first consideration of state parties when they take actions that may affect children.

As outlined above, significant steps have been taken to improve the situation of the Innu. Delays in the negotiation of a self-government regime are, however, an ongoing concern that must be addressed. Unless the Government acts to ensure that self-government is established, the risk remains that Canada may be violating its international obligations.

CONCLUSION Unless the Government acts to ensure that the Innu are able to take responsibility for their own affairs and are able to move to self-government, Canada is at risk of violating its international obligations under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and of acting inconsistently with the Draft Declaration on the Rights of Indigenous Peoples. Furthermore, in dealing with the children of the Innu communities of Davis Inlet and Sheshatshiu, Canada is under an obligation under the Convention on the Rights of the Child to have the well-being and best interests of the children as a primary consideration.

Equity in Treatment

The 1993 Report found that the Innu suffered significant economic and social disadvantages due to the failure of the Government to fund them on the same basis as other Aboriginal communities between 1949 and 1993. The 1993 Report recommended that, rather than redress the inequitable treatment of the Innu through financial compensation, the Government provide them with the resources necessary to place them on an equal footing with other Aboriginal communities. The Government has now taken responsibility for direct funding of the Innu, but the effects of their historic treatment remain, particularly in respect of the application of sales tax.

CONCLUSION Funding to the Innu should take account of the fact that they have been disadvantaged by the failure of the Government to exercise its fiduciary obligation to the Innu, and that any remission order in respect of taxes should be dated from 18 August 1993.

2002 Recommendations

Based on the above considerations we recommend the following:

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