Resolution No. 2006-09-35
Accommodation of Attawapiskat First Nation Concerns in the Rupert's Land Legal Action
WHEREAS in 1869 the Parliament of Canada committed to the Queen of Great Britain that if Her M?jesty united Rupert's Land (and the Mushkegowuk traditional territory) with Canada, Canada in return would "make adequate provision for the protection of the Indian tribes whose interests and well-being are involved"; and
WHEREAS the federal and provincial governments of Canada, instead of adequately protecting Mushkegowuk interests, passed numerous laws dealing with land ownership, mining, forestry, hunting and governance laws which have severely harmed the Mushkegowuk First Nations and Mushkegowuk people materially and culturally; and
WHEREAS the First Nations of Mushkegowuk Council commenced legal action to strike down various laws relating to lands and resources and governance as being unconstitutional and contrary to the 1869 commitment of Canada;and
Resolution No. 2006-09-35, Page 2
WHEREAS the Attawapiskat First Nation has expressed concern about the possibility that:
some references in the lawsuit document to the collective "Mushkegowuk Nation" and the collective "Mushkegowuk Territory" might be misinterpreted in court and
some references in the lawsuit document to the collective "Mushkegowuk Nation" and the collective "Mushkegowuk Territory" might be misinterpreted in court and cause conflict with the Aboriginal rights and title of the Attawapiskat First Nation; and
some reference to Treaty 9 in the lawsuit documents might conflict with the potential claim by Attawapiskat First Nation that they did not sign the treaty; and
some parts of the lawsuit might conflict with the Attawapiskat First Nation's commitments in its agreement with DeBeers related to the Victor diamond mine; and
WHEREAS it continues to be the desire of the Mushkegowuk Council to accommodate the concerns of Attawapiskat First Nation so that Attawapiskat First Nation can resume participation in the legal action if it desires;
THEREFORE BE IT RESOLVED that legal counsel be instructed to amend the lawsuit documents to:
remove references to a separate "Mushkegowuk Nation" and a separate "Mushkegowuk Territory" to avoid confusion in court;
ensure that references to the Treaty in the court documents do not
state that the Attawapiskat First Nation signed the treaty; and
create an exception for the requirements of the existing Attawapiskat First Nation agreement with DeBeers, to exempt the mining and related rights in the agreement from the claims of the lawsuit; and
BE IT FURTHER RESOLVED that these amendments are not intended to derogate from the collective interests and aspirations of the Mushkegowuk First Nations and the Mushkegowuk people, but to promote co-operation and reduce the potential for unnecessary confusion and conflict in this particular legal action.
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