BACKGROUNDER
The Memorandum of Understanding (MOU) signed by the Mi’kmaq First Nations, Nova Scotia and Canada re-establishes the Tripartite Forum, which provides an arena for the discussion, investigation and negotiation of issues of mutual concern to the parties. This may include self-government, economic development initiatives such as the Joint Economic Development Initiative (JEDI) model developed in New Brunswick, a social services agreement, guidance on the Royal Commission on Aboriginal Peoples (RCAP) report and other issues of concern. The three parties will establish workplans and timelines and will discuss the manner of negotiation and how various initiatives will be resourced. The MOU establishes a political commitment to enter discussions and does not define or effect any legal rights.
This forum reconfirms the commitment of the parties to discuss issues of mutual concern begun under the previous agreement. The original forum, the first of its kind in Canada, was developed in 1991 and focused on justice, policing and human rights issues as indicated below:
- Mi’kmaq Justice Institute (Native Courtworker Program) -- ensures access for Aboriginal peoples to available legal and justice related services;
- Mi’kmaq Young Offenders Project -- a three-year pilot project carried out under the auspices of the Island’s Alternative Measures Society and the Union of Nova Scotia Indians;
- Mi’kmaq Human Rights Officer -- provides liaison services between Mi’kmaq Nations and the Canadian and Provincial Human Rights Commissions;
- Shubenacadie Native Adult Diversion Program -- a community-based approach at the Indianbrook Reserve that handles criminal justice matters for band members consistent with Mi’kmaq norms of conduct, having regard for general Canadian concepts of criminal behaviour;
- Community Legal Issues Facilitator Project (CLIF) -- a demonstration project in the Bridgewater and Sydney areas that facilitates the provision of fair and equitable criminal justice systems to the Aboriginal community;
- Halifax Police Native Worker Liaison Project -- provides liaison between the Aboriginal community and the Halifax Police Force;
- Tribal Policing -- three tripartite community-based policing agreements have been signed to date;
- Mi’kmaq Legal Translation Program -- a program for the education of Mi’kmaq legal translators who will serve the Mi’kmaq community in legal settings throughout the province;
- Mi’kmaq Native Learning Centre -- provides funding for an additional 15 students presently on social assistance to attend an academic upgrading or skills training program; and the
- Assistant Conservation Officer Program -- provides training and employment during hunting season (September to December) for an Assistant Conservation Officer for each of the 13 Mi’kmaq bands.
The re-establishment of this forum is another example of the proactive role being taken by First Nations in Nova Scotia in matters of jurisdiction. In February 1997, the Mi’kmaq signed a significant agreement with the federal government and government of Nova Scotia turning control of education over to the Mi’kmaq.