The First Nations’ leadership/Councils are responsible for Consultations that happen through the Consultation Agreement.  L’nuey Consultation Unit will serve and support the leadership and Epekwitnewaq Mi’kmaq in the Consultation process.

The consultation process provides an opportunity for the Mi’kmaq to address concerns in regard to the protection of rights such as cultural and traditional practices, the use and occupation of the Mi’kmaq, Archaeological concerns.

Aboriginal rights (commonly referred to as Indigenous rights) are collective rights of distinctive Indigenous societies flowing from their status as the original peoples of Canada. These rights are recognized and affirmed by Section 35 of the Constitution Act, 1982. 

Treaty rights are rights set out in either a historic or modern treaty agreement that define specific rights, benefits and obligations for the signatories that vary from treaty to treaty. These rights are recognized and affirmed by Section 35 of the Constitution Act, 1982.

The Epekwitnewaq Mi’kmaq assert Aboriginal title over the entire island now known as Prince Edward Island, hereinafter referred to as “Epekwitk”, including the inshore and surrounding waters, and offshore islands.

Duty to Consult is triggered when the Crown (the Federal or Provincial governments) conducts decisions or actions that potentially affect Aboriginal Title and rights, such as [INSERT AN EXAMPLE –  i.e. land disposals or new road construction…]. The Crown must consult with the Indigenous People to gain their views and take interests into account.

Here on Prince Edward Island, the Epekwitnewaq Mi’kmaq must hold the Crown accountable if the Crown is contemplating an action or decision that may have an adverse impact on Mi’kmaq rights.

The L’nuey Consultation Unit, on behalf of the Epekwitnewaq Mi’kmaq, are authorized under the Consultation Agreement to coordinate the consultation process with the Crown but the decision making remains with the Mi’kmaq leadership.

The Consultation Agreement was signed on August 13, 2012, between Canada, Province of PEI and Mi’kmaq. The Agreement establishes a clear and efficient means for Canada and PEI to consult the Mi’kmaq on proposed actions or decisions that may adversely impact asserted or established Aboriginal and Treaty rights.

The Governments of Canada and Prince Edward Island have a duty to consult, and where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights.

Consultation is a process to understand and consider the potential adverse impacts of anticipated Crown decision on First Nations, with a view to address them.

Indigenous peoples practiced their own forms of government for thousands of years before the arrival of European and other settlers in what is today Canada. These forms of government reflected the economic, social and geographic diversity of Indigenous peoples, as well as their cultural practices and spiritual beliefs. Indigenous self-government is recognized as an inherent right of Indigenous Nations in Canada.

Indigenous self-government is the formal structure through which Indigenous communities may control the administration of their people, land, resources and related programs and policies.

Early partnerships between colonial governments with Indigenous nations were forged through treaties, trade and military alliances. Over many centuries, these relationships were eroded by successive laws, policies and decisions that were based on a colonial and paternalistic approach. This includes the Indian Act, which was passed in 1876 and continues to determine how most First Nations in Canada are governed to this day. The Indian Act imposed a colonial governance system on First Nation communities where authority rested with the federal Minister.

There is now an attempt at reconciliation between Indigenous and non-Indigenous peoples. It is a necessary process intended to address a long history of colonialism and the damage it has caused. The goal is to renew the nation-to-nation and government-to-government relationship with Indigenous peoples.

The goal is to work in partnership with Indigenous peoples to undo federally imposed systems of governance and administration in favour of Indigenous control and delivery. The process involves supporting Indigenous peoples in their work to rebuild and reconstitute their nations, advance self-determination and, for First Nations, facilitate the transition away from the Indian Act and toward self-government.

Indigenous self-determination is a fundamental Indigenous right and principle of international law, as set out in the United Nations Declaration on the Rights of Indigenous Peoples.