Through much of Parks Canada history, the creation of Parks Canada administered protected heritage areas resulted in the removal of Indigenous peoples from traditionally used lands, impacting their ability to continue harvesting and cultural practices. While the national park establishment process has evolved in recent decades, the barriers to traditional use and access resulted in profound cultural impact to Indigenous individuals and communities.
As part of Canada's commitment to reconciliation, Parks Canada and Crown-Indigenous Relations and Northern Affairs Canada seek to address these barriers through negotiated bilateral agreements with Indigenous governments and communities across the country for the cooperative management of lands administered by Parks Canada.
Many Parks Canada administered heritage places are already managed cooperatively with Indigenous partners, some examples include Gwaii Haanas (BC), the Torngat Mountains (NL), and Saoyú-ʔehdacho (NT). These agreements provide a framework to implement Aboriginal rights, priorities and interests related to cooperative management and shared stewardship of the natural and cultural heritage of these places.
In the Gaspé region of Quebec, time-limited contractual agreements have already been negotiated with Peace and Friendship Treaty Nations including Wolastoqiyik Wahsipekuk and Nation micmaq de Gespeg. Toquktmekl is the first agreement of its kind between the Epekwitnewaq Mi'kmaq and Parks Canada.
The Supreme Court of Canada Marshall decisions in 1999 affirmed the Mi'kmaw treaty right to fish, hunt, and gather in pursuit of a moderate livelihood. This right is established in the 1760-61 Treaty of Peace and Friendship, signed by the Wolastoqey, Mi'kmaq, and Passamaquoddy Nations and the Crown at the time and is legally binding today. Aboriginal and treaty rights are protected under s.35 of the Constitution Act, 1982. Toquktmekl is the latest evolution of both formal and informal collaborations between Parks Canada and Epekwitnewaq Mi'kmaq organizations.
Toquktmekl is about working together to advance shared responsibilities and mutual objectives. Parks Canada and the Epekwitnewaq Mi'kmaq organizations have been working in the spirit and intent of this agreement for many years. Toquktmekl is a renewable, time-limited agreement to respect and enable traditional activities such as harvesting and other land-based cultural practices in places administered by Parks Canada on PEI and to re-establish the role of the Mi'kmaq in the governance and management of the lands. Toquktmekl builds towards the longer-term objective of reconciliation through recognition and implementation of Epekwitnewaq Mikmaq Aboriginal and Treaty Rights.
A five-person Co-Management Board - Toqi- Alsutekekl (DOH-kee Al-zoo-DEH-keg-gul - meaning "they are bosses together") - will be established to provide advice to the Mi'kmaq Epekwitnewaq Kapmntemuow (the Mi'kmaq Nation Government of PEI made up of Chiefs and Councils from Lennox Island and Abegweit First Nations) and the Minister of Environment and Climate Change and the Minister responsible for Parks Canada in respect of the lands. Toqi- Alsutekekl will be composed of two members appointed by the Mi'kmaq Epekwitnewaq Kapmntemuow, two members appointed by the Minister, and a Chair appointed by both in consultation with the other members.
