It was simultaneously released by fax and email to the media and other
interested individuals.
9 September 1994
Dear Mr. Prime Minister, Mr. Premier, and Ministers:
Enclosed please find our response to the September 8th announcement
regarding Utshimassit sent to us by Mr. Roberts and Mr. Gray. In the spirit
of continued cooperation to achive a negotiated settlement to these
matters, we would like to meet with all of you at the earliest possible
date.
We look forward to your positive response.
Chief Simeon Tshakapesh Peter Penashue
Mushuau Innu First Nation Innu Nation
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Mushuau Innu Band Council & Innu Nation Response to September 8th, 1994
Announcement by Mr. Ed Roberts & Mr. Herb Gray
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Broken promises and dishonourable conduct on the part of the Governments of
Canada and Newfoundland are nothing new to the Innu.
The suspension of negotiations by Canada on crucial Innu rights is a
reprehensible breach of the promises made to us in the February 25, 1994
Statement of Political Commitments issued by the Federal Cabinet to the
Mushuau Innu and the Innu Nation.
The sole purpose of this cowardly suspension of Innu rights negotiations is
to pressure us into agreeing that the Newfoundland Provincial Court can sit
in Davis Inlet before we have reached a negotiated settlement with Canada
and Newfoundland with respect to the terms and conditions under which the
Court will sit.
In the February 25, 1994 Statement of Political Commitments, the Federal
Cabinet promised, among other matters, to "enter negotiations immediately
with the Innu Nation including the Mushuau Innu", "to conclude a
comprehensive land claims agreement as soon as possible", and to "conclude
an agreement on self-government with the Innu Nation and their communities
including matters relating to policing and the administration of justice"
and "to devolve existing Federal programs and funding to the Innu".
The presence of the Provincial Court of Newfoundland in Utshimassit is a
central issue for negotiations regarding the administration of justice.
We remain ready, willing and anxious to enter those negotiations.
Newfoundland and Canada are now demanding that we accept their
pre-determined outcome of the negotiations regarding the administration of
justice as a condition for negotiations.
This is the standard approach of governments to aboriginal negotiations,
but we want to say loudly and clearly that it is completely unacceptable to
the Innu people.
We want to negotiate these issues, not have the outcome shoved down our
throats through intimidation and threats by Canada and Newfoundland.
More specifically, our response to the three conditions set for the
resumption of negotiations is as follows:
1) The question of the extent to which aboriginal people including the
Innu are subject to the laws of Canada and Newfoundland is to be the
subject for negotiation not a unilaterally imposed condition for
negotiation.
2) The issue of whether the Provincial Court will sit in Utshimassit,
and if so, the terms and conditions under which it will sit, is again a
subject for negotiations pursuant to the Statement of Political
Commitments. Until this is negotiated, the Court will not sit in
Utshimassit.
3) Our proposal for interim policing was sent to the Governments of
Newfoundland and Canada and the RCMP on June 13, 1994, and we stand ready
to negotiate that agreement. However, it is not acceptable to us to
negotiate that agreement while other crucial Innu rights negotiations are
suspended.
We want to make our position on "the rule of law" clear. The Innu have
always and continue to believe in the rule of law. For many centuries,
before other people came to the country that is now called Canada, we had
our own rule of law, our own way of dealing with problems between
ourselves, and our own justice system. We have never signed a Treaty with
either Canada or Newfoundland in which we agreed to accept the Canadian
rule of law. We have tried the Canadian rule of law, and it has become
apparent to us that it is inappropriate to our values, traditions and way
of life. The fundamental principles of justice must give shape to the rule
of law, and for us, those fundamental principles are the principles of our
people.
We want those fundamental principles to be recognized by Canada and
Newfoundland and we remain prepared to enter discussions with Canada and
Newfoundland on all issues. We need, however, to make it clear once again
that the issue of whether the Provincial Court will sit in Utshimassit or
not is to be determined in these negotiations. It is not an acceptable
precondition for entering the negotiations.
As we have made clear on many occasions, healing is taking place in
Utshimassit and the presence of the Court or the police in our community,
in the absence of a negotiated agreement regarding their presence, will
promote social disintegration--not healing.
Finally, we call on Prime Minister Chretien, Indian Affairs Minister Irwin,
Justice Minister Rock and Solicitor General Gray to honour the February
25th, 1994 Statement of Political Commitments and to demonstrate
statesmanship by immediately withdrawing their support for the
inappropriate and dishonourable actions of the Government of Newfoundland.
The February 25th, 1994 Statement of Political Commitments must be
honoured, not suspended. Negotiations pursuant to that agreement must be
accelerated-not suspended.
Our strength is our people and their will to survive and thrive in a
healthy community with respectful relations to our neighbours. To that end,
we call for statesmanship and negotiations with the Governments of Canada
and Newfoundland without preconditions set by those governments.
Nin,
Chief Simeon Tshakapesh Peter Penashue
Mushuau Innu First Nation Innu Nation
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Larry Innes internet: es051322@orion.yorku.ca
Environmental Advisor
Innu Nation phone: (709) 497-8398
PO Box 119 fax: (709) 497-8396
Sheshatshiu, Nitassinan
via Canada A0P 1M0
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