Article 23 Of The Nunavut Agreement

April 8, 2021

The broad and conceptual ambition of the agreement has created the challenges of implementation. Huge changes in educational infrastructure have been required to enable Inuit to develop the skills needed to take on implementation positions in newly created Inuit institutions, resource management bodies and the Nunavut government. It is disappointing to remember that in nunavut, you still have to go south to get a diploma or a professional qualification, with the exception of vocational training programs such as nursing. Standards in Nunavut`s elementary and secondary schools remain well below the national average and the dropout rate is well above the national standard. Section 4 of the 1990 Nunavut Agreement reaffirms in principle the "support in principle" of Canada and the NWT for the creation of Nunavut, but "outside the claims process." It also involves the obligation to hold a referendum at the border and to negotiate an agreement on the separation of powers. This is the first time that political development has been tackled coldly and hard in a vast instrument of earthly claim, but not in a final agreement. In hindsight, this was a big step forward for the Inuit. TFN knew that the Nunavut project, if it were able to manage the conditions, particularly the border plebiscite, would gain considerable political momentum, perhaps inexorable, and public support. That is exactly what happened. In 2001, the NTI and the governments of Canada and Nunavut began implementation negotiations for the second 10-year period of the Nunavut Agreement, 2003-2013. Article 23 was an important element of these negotiations and has become a major obstacle. In the first ten years, the federal government had never conducted a detailed analysis of the Inuit workforce it was to conduct until January 1994, as part of the Nunavut agreement, as the basis for pre-employment training and Inuit employment plans. In the absence of a well-maintained and regularly updated labour force analysis, the government did not provide critical information on the level of qualifications and qualifications of Inuit workers.

Because the government has not been able to compare this data with public service figures, skills and qualifications, the government has not been effective in developing training and employment plans to address gaps in Inuit employment in the short, medium and long term.2 Despite these early and recognized gaps in , the federal chief negotiator had no mandate to fund these section 23 requirements for 2003-2013. As a result of this and other disputes, implementation negotiations ended without agreement in 2003. Negotiations continued until the 1980s, with a hiatus in 1985 and 1986, which led the Federal Cabinet to approve substantial changes to the overall land use policy under which the negotiations took place. An agreement in principle was signed in Iglulik in April 1990 and the final agreement was signed in Iqaluit on 25 May 1993 and ratified by Parliament a few weeks later. Section 23 of the land agreement was intended to ensure that Nunavut`s three levels of government - federal, territorial and municipal - have a workforce that reflects Nunavut`s Inuit population. In the 2016 census, Inuit made up 85 per cent of the population. This article also provides for TFN, the Government of Canada and the NWT government to negotiate a political agreement on the date of Nunavut`s creation and on the powers and funding of the new government. However, unlike the other provisions of the Nunavut agreement, this section was not protected by the Constitution, which allowed the Government of Canada to continue to assert that its policy of distinguishing between the evolution of agricultural law and that of politics remains intact. In any event, the concise Inuit "victory" in May 1992 on the divisional boundary, the political agreement reached in early 1993, and the formal ratification of the Nunavut agreement by the Inuit and the Canadian Parliament that same year paved the way for the creation of the Nunavut Enforcement Commission to plan the creation of the new government. Official

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