Engagement as specific to a modern treaty
Engagement can also be specific to a modern treaty where there may be detailed engagement requirements listed in the modern treaty. This is different from the types of engagements we discussed earlier.
Implementation of modern treaties is an ongoing collaborative effort between federal, provincial, territorial, and Indigenous signatories, each of whom have implementation objectives and obligations. Modern treaty partners regularly come together to make decisions and resolve issues.
Some modern treaties provide an oversight group where issues of implementation can be dealt with. For example, the Nunavut Land Claims Agreement, Article 38, established an arbitration board made up of the modern treaty partners. It provides a general framework for discussion on issues of concern to the parties.
Several modern treaties established co-management bodies where the parties come together to collaboratively manage a place and/or resources and thus are engaging on an ongoing basis. The Joint Fisheries Committee (JFC) consists of one or more representatives from Tsawwassen First Nation (TFN), the Government of Canada, and the Government of British Columbia, and it seeks to operate by consensus.
The JFC has several activities and functions, the most important being to facilitate cooperative assessment, planning, and management of the exercise of the Tsawwassen Fishing Right, enhancement initiatives and stewardship activities by TFN, monitoring and enforcement activities in respect of TFN fisheries, and other matters as the Parties may agree.
The Wek’eezhii Land and Water Board in the Northwest Territories was created following the signing of the Tłı̨chǫ Land Claims and Self-Government Agreement. The Board’s members, appointed by the Federal Government, the Government of the Northwest Territories, and the Tłı̨chǫ Government, act as a decision-making authority regarding water licenses, land use permits, water compensation, and access to construction materials.
In Yukon, the Final Agreements guarantee a voice on boards and committees that manage water, fish and wildlife, surface rights (access issues), heritage, dispute resolution, land use planning, and special management areas. First Nations nominate a portion of the members to these boards and committees. They include the Yukon Surface Rights Board and the Yukon Water Board.
It is important to note that this course mainly focuses on other forms of engagement, as listed earlier. Specific engagement requirements listed in the modern treaty may have their own parameters and processes particular to the modern treaty.
