Via Email May 17, 2019 Senator Lillian Dyck, Chairperson Standing

Via Email May 17, 2019 Senator Lillian Dyck, Chairperson Standing Senate Committee on Aboriginal Peoples The Senate of Canada Ottawa, Ontario K1A 0A4 Dear Senator Dyck, Re: Bill C-92: GN Minister of Family Services’ April 30, 2019 Statements to Standing Senate Committee I attach Nunavut Tunngavik Inc.’s letter in relation to the above topic, for distribution to the Standing Committee in consideration of Bill C-92. Sincerely, Aluki Kotierk President Via Email May 17, 2019 Hon. Elisapee Sheutiapik Minister of Family Services Government of Nunavut P.O. Box 1000, Station 450 Iqaluit, NU X0A 0H0 Dear Minister Sheutiapik: Re: Bill C-92: GN Minister of Family Services’ April 30, 2019 Statements to Standing Senate Committee Nunavut Tunngavik Inc. (NTI) represents the Inuit of Nunavut for the purposes of their Aboriginal and treaty rights, including those under the Nunavut Agreement. With respect, I am writing to correct the record with regard to a misstatement made on behalf of the Government of Nunavut (GN) in your April 30, 2019 presentation to the Standing Senate Committee on Bill C- 92. Given the Standing Committee venue, I am copying Senator Dyck, Chair of the Committee. The Government of Nunavut’s statement suggesting that it is or has the capacity to be an Indigenous government, an “Indigenous body” or an “Indigenous Governing Body” under Bill C- 92 is misplaced. Put simply, the Government of Nunavut is a public government created under the Nunavut Act. Neither it nor its Legislative Assembly derive any rights as an indigenous government or entity from the Nunavut Act or the Nunavut Agreement. As described in more detail below, only NTI, and any Inuit Organizations designated by NTI under the Nunavut Agreement, are authorized to act on behalf of the Inuit of Nunavut respecting their Aboriginal and treaty rights. Set forth below is the broader context for these views. NTI’s views are founded on a careful legal analysis of relevant case law with respect to Aboriginal and treaty rights, close examination of the text and negotiating history of the Nunavut Agreement, and a review of relevant statutory materials and human rights instruments, both domestic and international. Many elements of these views have been reaffirmed in litigation NTI has entered into over the last 25 years, and, have not, to our knowledge, been repudiated by any court. They can be summarized as follows: 1. The 1993 Nunavut Agreement is a bilateral agreement between Nunavut Inuit and the Crown in right of Canada. 2. The Agreement also has the force of public law by virtue of the Nunavut Land Claims Agreement Act and implementation legislation, and various persons have public law rights and duties under the Nunavut Agreement. Statements to the Standing Senate Committee regarding Bill C-92 May 17, 2019 Page 2 3. The Governments of Canada and Nunavut must carry out their duties in ways that uphold the honour of the Crown in its dealings with Aboriginal peoples. 4. The certainty provisions in section 2.7.1 of the Nunavut Agreement resulted in Nunavut Inuit exchanging their Aboriginal rights in relation to lands and waters for defined treaty rights. These provisions did not speak to non-land and water based rights. Nunavut Inuit retain those Aboriginal rights, including those related to self-government, language, culture, and other social topics. 5. Only Aboriginal peoples can claim to possess Aboriginal and treaty rights under common law and section 35 of the Constitution Act, 1982. Neither the Crown, Parliament, the federal government, nor any provincial or territorial government, including the Nunavut Legislative Assembly and Nunavut Government, constitute an Aboriginal people, or hold any Aboriginal or treaty rights for any purpose whatsoever. The demographic make-up of Nunavut’s population and its Legislative Assembly is irrelevant to this point. 6. NTI is the legal successor to Tungavik as defined in the Nunavut Agreement. As affirmed in Article 39 of the Agreement, NTI has the capacity to represent, and does in fact represent, the Inuit of Nunavut for the purpose of their Aboriginal and treaty rights. The Nunavut Legislative Assembly and Government of Nunavut have no such capacity or authority. 7. By its by-laws, NTI is constituted and operates with accountability to, and democratic control by the Inuit of Nunavut. Under Article 39, only Organizations that are constituted and operate with accountability to and democratic control by Inuit may be designated by NTI to exercise a power, function or authority of a Designated Inuit Organization (DIO) under the Agreement. 8. In contrast, the powers of the Nunavut Legislative Assembly and the Government of Nunavut derive from the Nunavut Act. Pursuant to that Act, the Government of Nunavut is a public government with accountability to the public, whether Inuit or not. It is not a government “elected by Inuit.” Rather, it is a government elected by the Nunavut public at large. 9. As neither the Nunavut Legislative Assembly nor the Government of Nunavut are constituted and operate with accountability to and democratic control by Inuit, they lack the capacity to be designated by NTI to exercise a power, function or authority of a DIO under the Agreement. 10. Neither Article 32 nor any other provision of the Agreement constitutes a grant of jurisdiction or authority to the Legislative Assembly “to pass laws and policies” respecting the Inuit. 11. Article 32 stipulates that Nunavut Inuit have rights to “participate” in the development and design of federal and territorial social and cultural policies and programs and services, and their methods of delivery. All relevant federal and territorial government departments and agencies have responsibilities to acknowledge and implement these rights. 12. Nunavut Inuit rights of participation under Article 32 have not been judicially defined. Given the plain meaning of “participation,” it can be expected that such rights Statements to the Standing Senate Committee regarding Bill C-92 May 17, 2019 Page 3 go beyond the general rights to be consulted recognized by the courts in relation to Aboriginal peoples. I trust this clarifies the relative legal statuses of the Government of Nunavut and NTI with respect to Bill C-92 and otherwise. Thank you and we look forward to continuing to work together for the benefit of the Inuit of Nunavut. Sincerely, Aluki Kotierk President cc: Hon. Joe Savikataaq, Premier of Nunavut Senator Lillian Dyck, Chair, Standing Senate Committee on Aboriginal Peoples Kilikvak Kabloona, Chief Executive Officer, Nunavut Tunngavik Incorporated Yvonne Niego, Deputy Minister, Department of Family Services, Government of Nunavut .

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