Minister Addresses Aboriginal Title Issue

The provincial government will not recognize claims for "aboriginal title" to land in Nova Scotia prior to negotiating with Mi'kmaq leaders on several issues, including the question of land ownership.

"To recognize aboriginal title now would be like handing over title to all the land in the province, then negotiating the price," said Finance Minister Don Downe, Minister responsible for Aboriginal Affairs. "We can't put the cart before the horse. The only responsible approach is for discussion and negotiation to take place first."

Mr. Downe discussed the government's position on the aboriginal title issue today at a meeting with the Assembly of Nova Scotia Chiefs in Halifax.

"I advised the chiefs of our position and of our willingness to continue talks in good faith," said the minister. "However, I made it clear the province will not sign away all the Crown and private lands in Nova Scotia to the Mi'kmaq, then be in the position of having to buy it back."

As a result of continuing negotiations with developers of the Sable offshore gas and pipeline project, the chiefs have proposed that the federal and Nova Scotia governments establish a process to deal with aboriginal title. The proposal is in a draft framework agreement that would have both governments recognize and affirm aboriginal title to all Nova Scotia lands and waters, including those that are tidal and marine. The draft also includes an agenda for negotiations addressing many other issues associated with land claims and aboriginal title.

Aboriginal title has been debated since December 1997 when the Supreme Court of Canada determined in a British Columbia case that aboriginal title is the right to exclusive use and occupation of land. The court also established a test to prove aboriginal title and placed the onus for that proof on the aboriginal community.

"No other provincial or territorial government in the country has recognized aboriginal title and there has not been enough clarification from the courts on how they will interpret the test established by the Supreme Court," said Mr. Downe. "The historical differences between British Columbia and Nova Scotia are significant and would probably affect the interpretation here."

Although opinions differ on some issues, Mr. Downe said talks involving the province and Mi'kmaq leaders are ongoing and productive. He noted that, in addition to discussions on aboriginal land claims, the province participates in 11 working groups under the Tripartite Forum established following the Marshall inquiry. And, for more than a year now, the province has also been negotiating with Mi'kmaq representatives on forestry issues.

"Our government has always dealt with the native community in good faith and we are committed for this to continue," said Mr. Downe.