We work on behalf of the Mi’kmaq of Nova Scotia in discussions with the Province of Nova Scotia and the Government of Canada on how the Mi’kmaq of Nova Scotia will implement their Treaty Rights, as provided by our ancestors in the covenant chain of Treaties signed in the 1700’s. This site is constantly updated with information, educational materials and ways to provide input and guidance on our work, so please check back regularly.
Virtual Community Sessions 2021
January 2021 – Archaeology Department
February 2021 – Cultural Tourism Department
March 2021 – Research Department
April 2021 – Benefits Department
May 2021 – Consultation Department
June 2021 – MKK Department
August 2021 – Wildlife Department
September 2021 – Lands Department
October 2021 – Fisheries Department
KMK Mission Statement
To address the historic and current imbalances in the relationship between Mi’kmaq and non-Mi’kmaq people in Nova Scotia and secure the basis for an improved quality of Mi’kmaw life. KMK will undertake the necessary research, develop consensus positions on identified issues, and create public and community awareness in a manner that supports the ability of the Assembly to fully guide the negotiations and the implementation and exercise of constitutionally protected Mi’kmaw rights. KMK is committed to moving forward at a pace determined by the Mi’kmaq themselves, and to balancing individual First Nations autonomy with the collective Mi’kmaw identity, governance and decision making required to re-institute Mi’kmaq ways of operating.
The Five (5) Pillars
- To achieve recognition, acceptance, implementation and protection of treaty, title, and other rights of the Mi’kmaq in Nova Scotia;
- To develop systems of Mi’kmaw governance and resource management;
- To revive, promote and protect a healthy Mi’kmaw identity;
- To obtain the basis for a shared economy and social development; and
- To negotiate toward these goals with community involvement and support.
Our History
1976
The Mi’kmaq Grand Council and the Union of Nova Scotia Indians submitted a comprehensive land claim to Canada and Nova Scotia regarding Aboriginal title in Nova Scotia. The claim was rejected on the basis that it was “superceded by law”.
1982
The Constitution Act, 1982 amended the Constitution of Canada by adding section 35(1), which for the first time “recognized and affirmed existing Aboriginal and treaty rights” as constitutionally protected rights.
1985
The Supreme Court of Canada held that the Treaty of 1752 was an existing treaty in R. v. Simon.
1990
The Supreme Court of Canada, in the Sparrow decision, set out the way in which Aboriginal and treaty rights are protected by section 35(1) of the Constitution, and indicated that the government and First Nations should negotiate the details of implementation.
1990
The Nova Scotia Court of Appeal held that the Mi’kmaq of Nova Scotia had Aboriginal rights to fish for food, protected by section 35(1) of the Constitution in the case of Denny, Paul and Sylliboy.
1997 (June)
The National Energy Board began a review process for the Sable Offshore Energy Project and the Maritimes and Northeast Pipeline. Discussions began between the companies and the Assembly of Nova Scotia Mi’kmaq Chiefs, and they placed a lot of pressure on the governments to deal with Mi’kmaq title issues.
1997 (July)
The Chiefs, Minister Jane Stewart (Department of Indian Affairs) and Minister Don Downe (Nova Scotia Department of Aboriginal Affairs) signed the Tripartite Memorandum of Understanding (MOU) to begin discussions on community specific issues. The Tripartite Forum does not deal with Mi’kmaq rights and title, and only deals with programs and services.
1997 (December)
The Supreme Court of Canada provided guidance on the question of Aboriginal title in the Delgamuukw case, stating how rights to land, and not just rights to fish or hunt on the land, were to be determined. The Supreme Court also directed that governments and First Nations should try to negotiate how these rights should be recognized and implemented.
1998 (September)
Using the ongoing negotiations with Sable and Maritimes and Northeast, the Chiefs, Don Downe (then Minister of Aboriginal Affairs for Nova Scotia), and Ron Sinclair, (then Assistant Deputy Minister of Indian and Northen Affairs for Canada) and the Presidents of the gas companies met to discuss Mi’kmaq rights and title. Canada, Nova Scotia and the Assembly of Chiefs agreed to pursue a “Made-in-Nova Scotia Process” to deal with outstanding treaty, title and Aboriginal rights questions in Nova Scotia.
It was agreed that the “Made-in-Nova Scotia Process” would not be based on the Federal Comprehensive Claims Policy. In the Process the parties would seek to clarify rights to lands and resources, ensure that the interests of Aboriginal groups in resource management and environmental protection were recognized, and that claimants share in the benefits of development.
1998 (October)
Jane Stewart (then Minister of Indian Affairs, Canada) announced on Treaty Day that Canada was committed to a “Made-in-Nova Scotia Process”. Exploratory discussions began between Canada, Nova Scotia and the Assembly of Nova Scotia Mi’kmaq Chiefs.
1998 (December)
The Assembly of Chiefs forwarded a draft document to Canada and Nova Scotia outlining a possible process. The Assembly suggested a pre-Framework Agreement be ratified to set out the process and protect the Mi’kmaq from inappropriate consultation. The pre-Framework document would be an Umbrella Agreement, which included terms of reference for the Tripartite Forum and a proposed Consultation Process, and set up the negotiation of constitutional rights under the protection of without prejudice clauses so that discussions could not be used as evidence of consultation. Exploratory talks began.
1999 (September)
The Supreme Court of Canada released the Donald Marshall decision recognizing the Treaties of 1760 and 1761 and the right to hunt, fish and gather for a moderate livelihood. This right is protected by section 35(1) of the Constitution. The Court repeated the need for government and First Nations to negotiate acceptable solutions to detailed implementation of the constitutional rights.
1999 (November)
The Supreme Court of Canada released the Marshall (No.2) decision, which explained in more detail the nature of the rights proclaimed in the Marshall decision, and the power of governments to justify infringing the rights.
2000 (January)
In the aftermath of Marshall, exploratory talks continued regarding a long-term rights-based process of determining land claims, fishing rights, etc.
2001 (January)
The Chiefs, Minister Michael Baker (Aboriginal Affairs, Nova Scotia) and Minister Robert Nault (Indian Affairs, Canada) met in Truro and agreed to negotiate an Umbrella Agreement to begin the long-term rights-based process.
2002 (June)
Following extensive discussion with Chiefs and Councils across Nova Scotia, the thirteen First Nations passed Band Council Resolutions to support the signing of the Umbrella Agreement, and the document was then completed by the Mi’kmaq of Nova Scotia. Representatives of Canada and Nova Scotia were present for the signing ceremony held at Province House on June 7th. The Umbrella Agreement is a political commitment to enter into a mutually agreed upon negotiation process, and to develop
Terms of Reference for a proper Consultation Process. It is completely without prejudice and is intended to protect the Mi’kmaq while they talk to government. Canada, Nova Scotia and the Mi’kmaq of Nova Scotia committed to negotiate the recognition, definition and implementation of Mi’kmaq rights and title in good faith.
2003 (June)
By this time, all three parties had appointed their negotiators for the Framework Agreement.
- Assembly – Bruce H. Wildsmith, Q.C. as Lead Negotiator and Eric A. Zscheile as Associate Negotiator
- Nova Scotia – Jamie Campbell
- Canada – Tom Molloy
2003 (November)
The negotiators began to meet to scope out the process and start discussions on the Framework Agreement, the blueprint that sets out the process to be used in the upcoming discussions.
2004
The “Made-in-Nova Scotia Process” became Kwilmuk Maw-klusuaqn (Seeking for Consensus). Staff was retained to begin preparing for upcoming discussions. Emphasis was put on research to ensure that the Mi’kmaq are prepared for negotiations, and community discussion to ensure that all Mi’kmaq are aware of what is happening and can provide input to the negotiations.
2006 (October)
The 13 Nova Scotia Mi’kmaq Chiefs establish the Assembly of Nova Scotia Mi’kmaq Chiefs to provide direction to the Nation’s negotiators, to deliberate and pass resolutions respecting the Nation’s Rights and Title, and to provide directions and instructions to KMK.
2007 (February)
The Framework Agreement was signed on February 23, 2007 between the Mi’kmaq of Nova Scotia, the Province of Nova Scotia and the government of Canada to set out the process and the subjects to be discussed in full negotiations that fall broadly under the categories of land, resources and governance. The purpose of the Framework Agreement is to promote efficient, effective, orderly and timely negotiations towards a resolution of issues respecting Mi’kmaq rights and title.
2008 (October)
On October 1, 2008, the 13 Chiefs signed a Mi’kmaq Nationhood Proclamation representing a commitment from the Mi’kmaq of Nova Scotia to develop a system of governance to enhance the quality of life for the Mi’kmaq. Nationhood Proclamation
2010 (August)
The Consultation Terms of Reference are signed. After a three year trial run, the federal and provincial governments agree that the Consultation Terms of Reference are an appropriate and effective means to fulfilling their constitutionally mandated duty to consult with the Mi’kmaq of Nova Scotia.
2011 (October)
Viola Robinson, Mi’kmaq Advisor for the Made-In-Nova Scotia Process, is appointed as Lead Negotiator for KMK by the Assembly. Bruce Wildsmith, Q.C., moves into the role of legal counsel for the Assembly of Nova Scotia Mi’kmaw Chiefs.
2011 (December)
The Chiefs of the Bands in Nova Scotia file suit in the Federal Court against the government of Canada relation to the Nation’s Food, Social and Ceremonial harvesting rights.
2012
The Assembly joins Chiefs of NB and PEI in the Chief Jesse Simon Case to reject the proposed changes to the on-reserve social assistance program, presented by Canada. The Chiefs saw that the new policy would have substantial financial impacts for social assistance recipients and their families.
2013 (February)
The Chiefs in Nova Scotia file suit in the Nova Scotia Supreme Court against the Government of Canada seeking a declaration that Canada has failed to meet its obligations from the 1999 Marshall case to ensure the opportunity for Mi’kmaq to engage in a moderate livelihood fishery and that the definition of Aboriginal fisheries in Bill C-45 is unconstitutional.
2014
KMK and the Chiefs continue efforts to see that our Rights and Title are protected and recognized. A Hydraulic Fracturing Committee is established by KMK to examine the science and the risks behind this activity. Our efforts provided information to the Province in their decision to ban fracking in Nova Scotia.
In 2014, The Assembly signs their 1st Benefits Agreement with a company in regards to how the Mi’kmaq of Nova Scotia could benefit from their project happening in Nova Scotia.
2015
The Truth and Reconciliation 94 Calls to Action Report is released. These Calls urged all levels of government – federal, provincial, territorial, municipal and Aboriginal – to work together to change policies and programs to repair harm caused by residential schools and to move forward with reconciliation.
2016
The Assembly of Nova Scotia Mi’kmaw Chiefs sign an Impact Benefits Agreement which included a royalty regime for the Mi’kmaq of Nova Scotia.
2017
In 1927, Grand Chief Gabriel Sylliboy was convicted of hunting out of season. Grand Chief Sylliboy used the 1752 Treaty Rights as his defense during the court case and subsequent appeal, which he lost. Those rights were not recognized by the courts until the 1980’s. In February 2017, Lt-Gov. J.J. Grant, along with Premier McNeil and Justice Minister Whalen, issued an apology and pardoned Grand Chief Gabriel Sylliboy. This is the second posthumous pardon in Nova Scotia’s history.
2018 (June)
The first Mi’kmaw License Plate was issued recognizing the importance of Mi’kmaw heritage and Mi’kmaw youth sport and recreation activities.
2018 (July)
The Halifax Regional Municipality works with the Assembly and announced the members of the Special Advisory Committee on the Commemoration of Edward Cornwallis and Commemoration of Indigenous History. The committee’s focus is to identify a path forward that better recognizes Indigenous history, particularly of the Mi’kmaq, as it pertains to lands now known as Halifax Regional Municipality.
2018 (October)
The Assembly signs a Memorandum of Understanding (MOU) with the Métis National Council, respecting each other’s Nationhood, agreeing to work collaboratively on the issue of individuals claiming Métis ancestry in Nova Scotia, and establishing cultural awareness initiatives to educate the public.
2018 (November)
Members of the Nova Scotia Judiciary joined Mi’kmaq leaders as Eagle Feather were sworn into the Nova Scotia Courts so that Indigenous witnesses, accused individuals, victims and others appearing in the Nova Scotia Courts have the option to take legal affirmations with a sacred eagle feather.
2019 (September)
The Mi’kmaq of Nova Scotia launch the Wula Na Kinu: This is Who We Are Enrollment Process. The Assembly had long heard that those who are accessing these Rights must be recognized by the Nation as Mi’kmaq rights-holders. Part of the Nova Scotia Mi’kmaw Enrollment Processis to issue Harvester Identification Cards, for eligible Nova Scotia Mi’kmaw, including non-status Mi’kmaq and Mi’kmaq on the Atlantic General List. Information on this process can be found at: www.mikmawNS.ca
2020 (October)
Mi’kmaw harvesters took to the waters across Nova Scotia to exercise their inherent right to fish for a moderate livelihood, under their communities own self-governed fisheries plan. Communities engaged their members, to develop their own Netukulimk Livelihood Management Plan in order to provide those in their community, who want to fish, with the opportunity to provide a means of support for themselves and their families through their inherent Treaty Rights, as re-affirmed in the 1999 R. v. Marshall .
Ongoing
Work is underway on a variety of topics – like lands, energy, fish, parks, etc. – to provide ways for the Mi’kmaq of Nova Scotia to have access to the lands and waters and to implement their historic Treaty Rights. KMK’s work involves Elders, Traditional Knowledge holders, community members, and other Mi’kmaq organizations to help inform their work.