Our Mi’kmaq ancestors have occupied this Island of Epekwitk for thousands of years, and have never surrendered, ceded, or sold our lands. As Epekwitnewaq Mi’kmaq, we assert Aboriginal Title to all lands in Prince Edward Island. As stewards of these lands and resources, we expect the Crown to address any potential impacts on our Rights and Title.
Consultations at L’nuey
L’nuey protects the Aboriginal and treaty rights of the Epekwitnewaq Mi’kmaq by ensuring that the Crown participates in meaningful consultation through the Duty to Consult process, thereby ensuring that Epekwitnewaq Mi’kmaq rights are recognized and respected.
L’nuey serves as the agent for the PEI First Nations in the consultation process. L’nuey manages requests and responses to Crown consultation notifications, reviewing them through legal, archaeological, and Mi’kmaq use and occupation lens (current and historical). Reviews may also involve environmental and natural resource assessments. While L’nuey oversees the consultation process, the Epekwitk Assembly of Councils retains final decision-making authority.
Background
Aboriginal and Treaty rights are protected by the Constitution of Canada:
s. 35 (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
In 2004 and 2005, the Supreme Court of Canada issued a trilogy of rulings: Haida Nation v. British Columbia (Minister of Forests)[1], Taku River Tlingit First Nation v. British Columbia (Project Assessment Director)[2], and Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage)[3]. These rulings established rules to protect Aboriginal and treaty rights, explained the government’s obligation to engage with Indigenous communities, and outlined a broad structure for conducting such consultations.
The most significant ruling in this trio is the unanimous decision in Haida Nation, where the Supreme Court mandated that the Crown must consult with, and where appropriate accommodate Indigenous groups whenever its actions might adversely affect their asserted or proven constitutional rights.
In 2012, the Epekwitnewaq Mi’kmaq, represented by the Chiefs of the Lennox Island and Abegweit First Nation, signed the Mi’kmaq – Prince Edward Island – Canada Consultation Agreement[AM1] . This agreement outlines a process for the Government of Canada or Prince Edward Island to undertake their duty to consult with Epekwitnewaq Mi’kmaq (the Mi’kmaq of PEI) whenever a decision or activity could adversely impact Mi’kmaq Aboriginal or treaty rights.
L’nuey is mandated by the Epekwitk Assembly of Councils (the full elected First Nations’ Leadership of PEI) to protect and safeguard the Aboriginal and treaty rights of Epekwitnewaq Mi’kmaq through the Duty to Consult process.
[1] Haida Nation v. British Columbia (Minister of Forests), [2004] 3 S.C.R. 511, 2004 SCC 73
[2] Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), [2004] 3 S.C.R. 550, 2004 SCC 74
[3] Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage), [2005] 3 S.C.R. 388, 2005 SCC 69
Mi’kmaq-PEI-Canada Consultation Agreement
The Governments of Canada and PEI, along with the Mi’kmaq of Prince Edward Island, signed a landmark consultation agreement on August 13, 2012. 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.
FAQ Regarding L’nuey and Consultations
Consultation is a process aimed at understanding and addressing the potential adverse impacts of anticipated Crown decisions on First Nations.
The Mi’kmaq-PEI-Canada Consultation Agreement was signed on August 13, 2012. This Agreement provides a clear and efficient framework for Canada and PEI to consult with the Epekwitnewaq Mi’kmaq, through the Consultation Unit, on proposed actions or decisions that may adversely impact recognized or potential Aboriginal and treaty rights.
The Governments of Canada and Prince Edward Island (referred to as the Crown) have a Duty to Consult, and where appropriate, accommodate the Mi’kmaq, as the rightful Treaty holders, when they consider conduct that might adversely impact proven or asserted Aboriginal or treaty rights on PEI.
Aboriginal rights pertain to the customs, traditions, and practices inherent to the distinct culture of each First Nation, predating European contact. These are rights held by Indigenous groups in Canada due to their ancestors’ longstanding use and occupation of the land. Examples include hunting, trapping, and fishing on ancestral territories. These rights are enshrined under section 35 of the Constitution Act, 1982.
Treaty rights are rights that Indigenous peoples have as part of agreements made in treaties with the Crown. The British Crown began signing treaties in 1701 to foster peaceful relationships with the First Nations. Early treaties, like the Peace and Friendship Treaties in the Atlantic Canada, were aimed at forming partnerships. Unlike treaties in other parts of Canada, the Peace and Friendship Treaties entered by the Mi’kmaq never involved the ceding (giving up) of land. Treaty rights are also protected under section 35 of the Constitution Act, 1982.
The Epekwitnewaq Mi’kmaq claim ownership rights, known as Aboriginal title, over all lands and waters of Prince Edward Island, including nearby areas and islands offshore. Aboriginal title is an existing Aboriginal right and includes the right to use and manage the land and to benefit from its economic development.
The duty to consult is triggered when the Crown (the Federal or Provincial governments) makes decisions or takes actions that could harm Aboriginal or treaty rights. This includes actions that may affect the lands, waters, resources, or Mi’kmaq culture.
L’nuey , acting on behalf of the Epekwitk Assembly of Councils, is authorized under the Consultation Agreement to manage the consultation process with the Crown, but the ultimate decision-making authority lies with the Epekwitk Assembly of Councils, the Epekwitnewaq Mi’kmaq leadership.
The Epekwitk Assembly of Councils, which is governed by the Councils of both the Lennox Island and Abegweit First Nations, is responsible for overseeing the consultations initiated by the Federal or Provincial Crown. L’nuey is mandated to protect the interests of Epekwitnewaq Mi’kmaq and serves and assists the elected leadership throughout the Consultation process.
