Since 2004, Miawpukek First Nation, Canada and Newfoundland and Labrador have been negotiating Aboriginal self-government for Miawpukek First Nation.
A Framework Self-Government Agreement was signed by the parties in 2005, and set out issues to be discussed and methods for discussion.
While not legally-binding, the Agreement-in-Principle (AIP) contains all of the major elements that will make up a final agreement.
The self-government AIP that is being signed today, an agreement proposing a series of law-making powers that does not include title to lands, is the first of its kind to be negotiated in the Atlantic provinces.
A final agreement, once concluded, would grant Miawpukek First Nation the authority to pass and administer laws in variety of areas, ranging from culture and language to public works.
The AIP generally contains all of the major elements of the Final Agreement and works as a rough draft
for a Final Agreement as the parties negotiate finer details. Upon reaching consensus, the parties each have a Final Agreement ratified and signed.
The AIP sets out jurisdictions, rights and limitations for Miawpukek First Nation in a variety of subject areas. These include culture and language, education, health, child and family services, land management, resource management, licensing, regulation and operation of businesses, and administration of justice. The Miawpukek First Nation's lawmaking powers are tied to reserve lands, with the exception of income support where the First Nation may offer income support to its members whether they live on or off reserve.
Once a final agreement has been concluded, and as Miawpukek First Nation enacts laws in the agreed-upon areas of jurisdiction, there will be a corresponding reduction in the application of the Indian Act.
Miawpukek Lands will continue to be lands reserved for the Indians
within the meaning of subsection 91(24) of the Constitution Act, 1867.
