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FIRST NATIONS GOVERNANCE INITIATIVE

NWTT Nations Governance Framework for
Participation in the INAC Governance Initiative

Governance • Principles • Components • Development

Background
The Northwest Tribal Treaty Nations has been having internal discussions and discussions with Indian & Northern Affairs Canada (INAC) to develop a joint consultation process around the federal governance initiative. Pursuant to directions received at the August 29 & 30th, 2001 NWTT Group meeting, a Governance Symposium was held in Prince George in October 2001. This resulted through the effort of the Steering Committee, and with the cooperation of the Assembly of First Nations (AFN) BC Regional Vice-Chief's office and with the financial support of Indian and Northern Affairs. At that Governance Symposium, the NWTT Group agreed to participate in the governance initiative.The following points provide some further background:

  • Canada, through the Minister of Indian and Northern Affairs announced a First Nations Governance initiative which is intended to make some changes to the Indian Act by addressing for example: First Nation governing structures, greater accountability and election issues
  • The AFN initially opposed this initiative on the basis that it was too limiting and would not effectively address real First Nation governance requirements
  • The NWTT Group has identified issues and concerns to the federal process as well
  • The AFN has maintained effort to establish a more common dialogue and process with INAC. The BC Regional Vice-Chief has been an active proponent of finding a workable solution that can be BC driven.
  • The AFN negotiated a joint workplan with INAC regarding the governance initiative and it appeared that the AFN opposition will be withdrawn. However, an AFN resolution of December 6, 2001 has subsequently rejected the proposed joint workplan. Effort to re-establish a cooperative process is on-going at the national level
  • Participants of the NWTT Group recognize the development of their own, modern Governance model is essential to treaty making and/or community well being
  • The NWTT Group feels there is an opportunity to utilize some components of the INAC initiative in a positive manner for communications, research and strategic planning.

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A. Governance
Issues for further discussion that should inform our approach to Governance

  • What do we have now?
  • What have we had?
  • What do we want in the future?
  • What can be achieved in the current Treaty Process?
  • What can be achieved in the federal governance initiative?

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B. Guiding Principles of Governance
To include:

  1. Principles of Governance must developed and led by First Nations
    • Reflect traditional components including the hereditary system(s)
    • Provide for preservation and enhancement of language and culture
    • Provide stability
  2. No extinguishment (of Rights/Title)
  3. Application over traditional territory
    • include provision for sharing of or within territory
  4. Must address management and accountability
    • Involvement and accountability to our own people
    • Accountability of Indian Affairs to our Governments
    • Involvement and rights of all people, on and off First Nation Lands
  5. Must address greater powers and jurisdiction
  6. Must address fiscal realities and ability to create a better economic climate (opportunities for business, economic development and local revenue generation)
    • Maintaining the Section 87 Indian Act tax exemption
    • Provide for improved and secure fiscal transfers
  7. Recognize, respect and honor differences among Nations
    • Enhance our autonomy
    • Address government fiduciary obligation (especially in relation to health services and education)
  8. Constitutional protection for our governments
    • (under federal Constitution and First Nation Constitution)
  9. Incorporate an accurate records system (genealogy, names, population and other important statistics

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C. Components of a Northwest Governance Framework

To be developed through:
  1. Detailed NWTT Group discussion,
  2. Community based consultations,
  3. Cooperation and information sharing with AFN - BC Regional Office and any other BC based First Nation initiative,
  4. Information received through an NWTT sponsored Governance Symposium (e.g. Harvard Study).

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D. NWTT Group Consultation and Development Process

A four stage First Nations led consultation process:

Stage 1
Establish a team or teams of NWTT Group resource people to:

  • Visit each First Nation community as well as to urban centers.
  • Provide information sessions around the details of the proposed changes and requirements so that the communities can be fully informed. Information sessions must also include details around previous studies etc. (RCAP, LTS etc. as well as other initiatives).
  • Should also provide information with respect to the legal challenges that have been responsible, in part, for the need for legislative changes.
  • Outline a NWTT Group Governance Framework component.
  • Gather and summarize findings and First Nation input.
  • Provide a report(s) to the First Nations, the NWTT Group and INAC.

The initial round of consultations will likely raise discussion of issues raised by First Nations, including both the broader issues of "authorities" and other day to day irritants of the existing systems. This stage should be completed by March of 2002.

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