The Toqi'maliaptmu'k Arrangement
Backgrounder
Prior to 1982, some protected heritage places in Canada were established without consulting or involving Indigenous Peoples. While the national park establishment process has evolved in recent decades, the barriers to traditional use and access resulted in profound cultural impacts to Indigenous individuals and communities.
As part of Canada’s commitment to reconciliation, Parks Canada seeks to address these barriers through negotiated arrangements with Indigenous governments and communities across the country for the cooperative management of lands administered by Parks Canada.
Many Parks Canada administered places are already managed cooperatively with Indigenous partners, including Gwaii Haanas (BC), the Torngat Mountains (NL), and Saoyú-ʔehdacho (NT).
The Government of Canada is implementing and advancing rights agreements with Peskotomuhkati Nation at Skutik and Mi’gmaq in New Brunswick; Wolastoqiyik Wahsipekuk and Nation Micmaq de Gespeg in Quebec; and Mi’kmaq Epekwitnewaq Kapmntemuow in Prince Edward Island.
The Supreme Court of Canada’s Marshall decision in 1999 affirmed the Mi’kmaw Treaty right to fish, hunt, and gather in pursuit of a moderate livelihood. This right was established in the 1760-61 Peace and Friendship Treaty, signed by the Mi'kmaq, Wolastoqey, and Passamaquoddy Nations and the Crown. Aboriginal and Treaty rights are protected under s.35 of the Constitution Act, 1982. The Toqi'maliaptmu'k Arrangement represents a new chapter in the ongoing relationship between Parks Canada and the Mi’kmaq of Nova Scotia, deepening both structured partnerships and day-to-day collaborations.
Toqi'maliaptmu'k is about working together to advance shared responsibilities and mutual objectives. Parks Canada and the Mi’kmaq of Nova Scotia have been working in the spirit and intent of this agreement for many years. Toqi'maliaptmu'k is a renewable, time-limited agreement that respects and enables traditional activities such as harvesting and other land-based cultural practices in places administered by Parks Canada in the Province of Nova Scotia. The Agreement also re-establishes the role of the Mi’kmaq in the governance and management of the lands. Toqi'maliaptmu'k builds towards the longer-term objective of reconciliation through recognition and implementation of Mi’kmaw Aboriginal and Treaty Rights.
A seven-person Co-Management Board will be established to provide advice to the Assembly of Nova Scotia Mi’kmaw Chiefs and the Minister of the Environment, Climate Change and Nature. The Board will be composed of three members appointed by the Assembly, three members appointed by the Minister, and a Chair appointed by both.
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