MKO 22nd LEGISLATIVE GOVERNMENT HOUSE
Annual General Assembly Opaskwayak Cree Nation
September 9, 10, 11, 2003

Background Introduction

The Framework Agreement Initiative (FAI) was signed between the Government of Canada represented by the Minister of Indian Affairs and the Manitoba First Nations as represented by the Assembly of Manitoba Chiefs on September 7, 1994 with the following objectives:

• To develop and recognize First Nation governments in Manitoba legally empowered to exercise the authorities required to meet the needs of the peoples of the First Nations
• To restore jurisdiction to the First Nation governments, and
• To dismantle the existing departmental structures of the Department of Indian Affairs and Northern Development as they affect First Nations in Manitoba.
  

The Components of the FAI is as followed:

• Historical Background
• Consultation process
• Historical information of activities leading to the FAI Agreement
• List of Guiding Principles
• Mutual Commitments
• Structures and approaches
• Funding Processes
• Duration
  

Duration

On December 7, 2003, we will have completed 9th year of operation of the FAI Project and we will have only one year remaining in the agreement. There are provisions in the Agreement that allows for the extension if the objectives of the FAI are not completed.

UPDATE ON OVER-ALL FRAMEWORK AGREEMENT INITIATIVE:

Roles & Functions

Assembly of Manitoba Chiefs, as signatory to the Framework Agreement Initiative oversees the FAI process and continues to provide ongoing direction to the project management and staff. The FAI encompasses the three political organizations of AMC, MKO and SCO with each organization taking a lead role in different areas. Since January 2000, MKO has taken a lead role in the Child and Family Services, SCO has taken the lead role in Education and AMC takes a lead role in the Comprehensive Table.

Lead Negotiators

The lead negotiators for the two parties are:

• Lorne Cochrane for the Assembly of Manitoba Chiefs
• David Walker for the Government of Canada.
  

The Process:

The process of the Framework Agreement Initiative is as follows:

• Signing of the Framework Agreement Initiative - December 7, 1994
• Initially of the Agreement-In-Principle - almost completed at this time
• Master Agreement
• Implementation Agreement
  

Provincial Involvement

The Chiefs in Assembly have given direction that discussions take place with the Province of Manitoba to explore possible participation in the process without jeopardizing the First Nation’s treaty relationship with the Federal Government. The three tables have had initial discussions with the Provincial Government representatives but the process has not been finalized. One such issue that must be resolved is whether the Province will be a signatory to the Agreement since any agreement with Canada must continue to respect the treaty relationship.

Agreement-In-Principle (AIP)

All three tables are presently engaged in the joint development of the AIP with Federal officials, but a mechanism has been developed that allows for information sharing and mutual agreements on all subject matters by the three tables.. It is the goal of the process that agreement will be developed that

• is based on the principles and objectives of the Framework Agreement
• is based on First Nation government’s philosophies.
• foster trust and confidence of the elected representatives and First Nation people in the FAI process
• recognizes and respect the fundamental aspects of the First Nation governments.
• Acknowledges the diversity, needs and interests of various First Nations
• is the beginning and not the end of a new relationship.
  

Hard Issues

The work at the three negotiation tables includes developing and agreeing to as many issues to be included in the AIP’s that the parties have in common. However, there are issues which cannot be resolved at this level. These issues are moved over to the lead negotiators’ level. Examples of these issues are as followed:

• The application of Canada’s Inherent Right Policy
• The application of the Canadian Charter of Rights and Freedoms.
• Role of the Province of Manitoba in this process.
• Treaty, Aboriginal and Inherent Rights of First Nations.
• Inherent Right to Self-determination.
• Off-reserve jurisdiction
• Citizenship
• Legal status and capacity
• International relations
• Sovereignty
  

Models of First Nation Government

The agreement-In-Principle addresses the issue surrounding the ability of First Nations to work together at different levels, if they choose. Therefore, research is being done to develop concepts how First Nation Government will be structured. Some of the models discussed are:

• Central Model of Government
• Community Based Government
• Traditional Wheel Concepts
  

Community Consultations

The consultation process that was established through the FAI has since been discontinued based on the funding decision by the Government of Canada. Once negotiations to an AIP is acceptable to the leadership of the Assembly of Manitoba Chiefs, it is imperative that we engage in and begin community consultation rounds focused on the AIP to ensure success of the Master Agreement and that the objectives of the FAI are adhered to.

UPDATE ON THE EDUCATION NEGOTIATING TABLE

Introduction On November 27, 2001, the Assembly of Manitoba Chiefs (AMC) General Assembly passed a resolution to transfer the lead role and negotiating powers for the Framework Agreement Initiatives on Education from the AMC to the Southern Chiefs Organization (SCO). Subsequent to the resolution, AMC and SCO entered into an agreement dated February 20,2002 for the purposes of transferring the responsibilities and lead role in education. However, the Assembly of Manitoba Chiefs, as signatory to the Framework Agreement Initiative oversees the FAI process and continues to provide ongoing direction to the project management and staff.

Lead Negotiator

The lead negotiator for the Education Negotiating Table is Stuart Wuttke from the Southern Chiefs Organization (SCO).

Working Group

The following individuals make up the education internal working group:

• Stuart Wuttke - Lead negotiator
• David A Flett - Education Coordinator of SCO
• Donna Hall - (SCO)
• Shirley Malcolm - (AMC)
• Joe Guy Wood - (MKO)
• Michael Jerch - Legal Counsel for MKO
• Allen Letandre - (IRTC)
• Rod Young - Elder
  

The objective of the Education Working Group is to ensure that all negotiations and activities of the FAI process will be administered in a manner consistent with objectives agreed to between Canada and AMC. In this respect, the working group shall perform all activities in education in the following manner:

• Compel Canada and Manitoba to recognize First Nation Governments and First Nation jurisdiction
• Project First Nation culture and spiritual knowledge from outside exploitation while enabling First Nations to freely teach such knowledge to its members.
• Redevelop the Nation-to-Nation relationship between First Nations and Canada
• Enforce Treaty Rights to Education
• Protect all First Nation Treaty, Aboriginal and Indigenous Rights.
  

2002-2003 Joint Work Plan

An agreement was reach with Canada to a Joint Work Plan for the 2002-2003 fiscal year. The work plan outlines activities regarding negotiations, communication strategies, supporting activities, community consultations and workshops.

Completed Activities - The Joint Working Group has completed all items identified in the Joint Work Plan for the 2002-2003 fiscal year with the exception of the community information sessions and workshops. We have prepared four drafts of the AIP and we are continually developing the AIP’s. The legal review of the AIP has been ongoing.

Incomplete Activities - The joint working group did not complete the eighteen community information sessions and the workshop which were to be held in First Nation communities. Both SCO and MKO has sent out requests for First Nations to host the workshops and we have received a numbers of responses. However, Canada representative on the Joint Working Group were instructed by their superiors not to attend any First Nation communities. Canada indicated that they felt it would be better if all efforts were expended on the achievement of the AIP at the technical working group to produce a joint draft before going to the First Nation communities. Therefore, extra technical meetings were held in the place of the community visits. As a result, the Joint Working Group had cancelled these community visits that were on the work plan.

In addition to the workshops, a number of joint communication activities were identified to complement the workshops. Information bulletins, information packages, a video and website were to be done and sent to First Nation communities prior to community visits. Given the fact that the workshops were cancelled, these activities were also cancelled.

The above items were cancelled completely and not deferred to the next fiscal year because the Chief Negotiators are in the process of drafting a number of pre-approval and ratification activities.

2002-2003 Budget - SCO has received $400,000 from AMC to operate the FAI Education program. From this amount, MKO has been provided with $160,000 to operate MKO - FAI Education component.

Involvement of First Nations

The Southern Chiefs Organization as a lead on the FAI-Education process has made a following commitment:

• Greater participation from First Nation and Education Authorities
• Education Authorities and First Nations shall be instrumental in the development of the content of the AIP
• Education Authorities and First Nations shall guide the education process
• Greater inclusiveness and interconnections with First Nations in drafting of the legislative framework.
  

To accomplish these goals, SCO has changed the manner in which the internal working group meets with First Nation Education representatives. SCO has continued a process of meeting with the Education Directors at their Tribal Council office. All education directors within each Tribal Council areas are invited to provide their input into the revising and redrafting of the AIP. It is our intent that the FAI Education Internal Working Group receives guidance and instructions from the Education Directors to ensure that First Nation requirements for education are reflected in the negotiating process and the AIP.

2002-2003 Internal Work Plan

The internal work plan identified a number of deliverables for 2002-2003 fiscal year. The following are reports of the completed and uncompleted internal work plan deliverables;

Completed Internal Work Plan Activities

Administration: SCO and MKO have set up respective offices for full participation at the joint and internal education working groups.

Organization Planning: All items in this category have been completed except for the inter-organizational protocol agreement. The three political organizations have developed a terms of references for participation at various tables. Reporting mechanisms have been created at the tables and with the Chief Negotiator. SCO have had extensive involvement with First Nation education directors and tribal council offices to discuss and involve community representatives in the FAI-Education process. Due to high travel costs and travel restrictions of the northern First Nations, MKO education directors has not be able to be involved as extensively as the southern First Nations counterparts. Reports and copies of the education agreement in principle have been released to First Nation communities through their education directors who were able to attend regional meetings.

Community Awareness Plan: Only two items were completed in this section of the work plan. A community awareness strategy had been developed by SCO and MKO that would have entailed the creation of a website and printed materials for distribution into the First Nation communities. The actual development of the materials have not been completed due to the fact that Canada cancelled the community workshops. Nevertheless, both SCO and MKO has developed its website on FAI.

Negotiations: All items in the work plan for negotiations activities have been completed. Negotiations and the development of rolling drafts of the Education Agreement-In-Principle have been ongoing throughout the year. The joint working group and the internal working group have been holding brainstorming sessions on a regular basis in an attempt to move the project forward. The AIP is being drafted around seven pillars which are governance, fiscal relations, intergovernmental relations, jurisdiction, adjudication and enforcement, implementation, dispute resolution and the review of the agreement. The result of these changes were positive and has lead to the creation of additional drafts of the AIP.

In November 2002, three hard issues were referred to the chief negotiators being sovereignty, exclusive vs concurrent jurisdiction and intellectual property. With respect to intellectual property, Canada has agreed to defer discussions on this item between AIP and final agreement. Resolution of the two remaining items are still unresolved and outstanding.

Research and Development: On behalf of the education working group, the AMC representative have been updating the Manitoba First Nation Education Resource Center (MFNRC) on the working group activities. The resource center continued to progress in all areas related to curriculum development, special education needs, First Nation languages and other matters that will be necessary to ensure a smooth transition to Self-Government in education from INAC control.

Governance & Constitution and Scope of Law & Jurisdiction. All items under both these headings have been completed except same education laws

Political Direction and Endorsement: The work plan identified a political endorsement on the ongoing work of the project. This has happened in a general assembly format in the 2002-2003, but progress reports and copies of the AIP have been shared with the leadership.

Legal: There as been ongoing legal reviews on the contents of the AIP with the internal working group.

Incomplete Internal Work Plan Activities

Organization Planning: An inter-organization Protocol Agreement was developed during the year between AMC, MKO and SCO however the final agreement was never reached.

Community Awareness Plan: Given the fact that Canada cancelled the community workshop the following items cannot be practically performed:

• Printed materials Information bulletins
• information packages FAI video
  

Field Research: Again, given the fact that Canada cancelled the community workshops we could not do community research on various aspects of the AIP.

REPORT ON THE 2003-2004 JOINT WORK PLAN

2003-2004 Joint Work Plan

The joint work plan was agreed upon that included the following activities to be completed by June 30, 2003:

• Negotiation - A meeting schedule has been agreed upon between the SCO working group and Canada.
• Organizational plan - The structural aspects of the organization has been developed from the previous year and the same process will be followed.
• Negotiations on an AIP - These are to be completed by June 30th
• determine linkages to comprehensive agreement
• determine linkages to CFS
• discussions on governance, jurisdiction, ratification, fiscal relations and on amendment and review.
• Legal review of Agreement-In-Principle - legal opinion for leadership
• Pre-Approval Activities - These will be determined jointly with the Chief Negotiators.
  

The following activities to be done between June 2003 and September 2003

• Approval of Agreement-In-Principle - The AIP will be initialed by the Grand Chiefs as per General Assembly resolution.

The following activities to be done between September 2003 and March 2004

• Negotiations of Final Agreement on Education on the following;
• determine linkages to comprehensive agreement and CFS agreement
• discussions on governance, legal status, aggregation/union, fiscal relations, off-reserve matters, jurisdiction, enforcement, adjudication, reciprocal arrangements, language, culture, application and conflict of laws, review and amendment, ratification, implementation, aboriginal rights, indigenous rights, purpose statements and pillar statements.
  

Further Negotiation

• Implementations: The discussions on implementation activities will begin in November 2003.
• Financial Transfer: Financial Transfer Agreements will be discussed and negotiated in March 2004.
  

Provincial Participation

• Establish process and procedure: Develop a Protocol Agreement
• Discussions on reciprocity: This will be an ongoing activity.
  

Legal Review of Final Agreement

• will be ongoing upon the development of working drafts Supporting Activities
• These will be developed and identified once the AIP is initialed and that funding is approved by Canada. These will involve community participation and approval of the items in the final agreement.
  

2003-2004 Budgets: In early August, we received confirmation that our FAI budgets for the above work plans has been approved in the amount of $500,000 of which MKO will receive 40% of this budget which is $200,000. This is an increase of $40,000 from last year. An adjusted MKO - FAI Education budget will be submitted to MKO management to reflect this change.

UPDATE ON THE NORTHERN MKO OFFICE ON THE FRAMEWORK AGREEMENT INITIATIVE

Background

During the implementation of the FAI Agreement, MKO chiefs has given direction that MKO must be involved fully with the development and implementation of the FAI. The MKO Chiefs insists that the member First Nations in the MKO region must be actively involved and that any First Nation Government process developed must address the needs of the MKO First Nation communities. To accomplish this direction, MKO has set up a northern FAI office. First, the FAI office was situated in Thompson with the required staff and its operation funded by FAI. Now the MKO-FAI office is located in Winnipeg.

Roles and Functions

The role of the MKO-FAI office is to oversee the FAI process as it relates to the MKO communities and to be involved in all aspects of the Agreement. Not only is the staff involved in the FAI Agreement but are also involved in all aspects of First Nation self-government issues. MKO-FAI staff are involved in the three negotiation tables namely, Comprehensive Table, Child & Family Services Table and the Education Table. The staff also participate in the lead table discussions. The primary function of the MKO-FAI office staff is to ensure MKO’s active participation in the Education Table. The other primary function of the MKO staff is to ensure that the fundamental inherent and treaty rights expressed by the MKO First Nations are incorporated in all aspects of the First Nation government development.

Other functions

In addition to the FAI related work, the MKO-FAI staff are involved in other aspects of MKO development initiatives:

• MKO First Nation Government - Plans are being discussed on how to move MKO from its incorporated status into a First Nation Government that is based on First Nation inherent rights. We are state that we have a Nation-to-Nation and Government to Government relationship with those that have come into our territories. We have to begin to act and organize as a Government instead of deriving our mandates and authorities from the Province or Canada.
• First Nation Government Act - The staff have been involved in the fight to reject the FNGA and prevent its passage into law. We are reviewing how the FNGA violates FAI and the basic rights of First Nations. We are also reviewing legal and practical options that are available to First Nations.
• Parallel Process to support Self-Government - We are reviewing
• a strategy to move First Nation people from a welfare state into self sufficient communities.
• economic development as a tool to achieve self-sufficiency in the First Nation communities
• potential capacity development initiatives that will create human and structural capacities to develop and sustain economic growth
• Federal Policies - We are reviewing how Federal Policies affect First Nation governments and identifying those policies that negatively or positively impacts First Nations. We will provide our leadership with strategies how to correct those negative policies and to enhance positive policies for the benefit of First Nations.
• Provincial Polices - We will take the same approach to Provincial Policies as we do with the Federal Policies as mentioned above.
• Treaty Implementation Office - We are examining the feasibility of establishing a treaty implementation office that will provide a clearer understanding of our treaty rights and begin the process of implementing those rights.
• MKO Legal Office - We are also examining the feasibility of expanding the legal unit in MKO that will address not only the inherent and treaty right issues but also to examine the important legal issues confronting our First Nations in cases affecting Treaties, Aboriginal Rights and Self-Government.
  Staffing

The MKO-FAI Winnipeg office is made up of the following personnel:

• Joe Guy Wood - Director
• Michael Jerch - Legal Counsel
• Sharon Mason - Summer Legal Student
• Roselinda Mason - Receptionist
  

The director salary is complemented by economic development initiative when available. The salary costs for Legal Counsel and Receptionist are shared with other MKO programs. Subject to funding, we will be hiring an education specialist to replace the education researcher we lost to another program.

Analysis

The assessment of the FAI process and its accomplishment will vary from the Federal Government negotiators, First Nation people, Chiefs and the staff of the three political organizations in Manitoba. The writer of this report observes that there is great difficulty in reaching the objectives of the Framework Agreement Initiative/Blue Book for the following reasons:

• Common Understanding: Is there a mutual understanding of the objectives of the FAI by the Federal Government and the First Nation people?
• Federal Policies: The policies of the Federal Government restricts the objectives of the FAI because the First Nation understanding of the Treaties, Inherent Rights, Jurisdiction and Sovereignty is different from that of the Federal Government as it relates to the FAI.. The Federal Government’s position is that these fundamental First Nation issues are within the confines of Federal Jurisdiction. Also the expected outcome by the Federal negotiators on FAI process will or may only be practical arrangements.
• Funding: At the beginning of this process, the funding to accomplish the tasks and work plans amounted to approximately $10 million annually. Within the last four years, this has been reduced to just over $2 million annual and this year to $3 million. Inadequate funding has prevented the FAI staff to do proper research, planning, consulting and developing First Nation Governments and restoring jurisdiction to First Nation governments. The FAI Commitments on adequate funding is not honored by the Federal Government.
• MKO Leadership: Indian Affairs is continuing with the strategy of pre-occupying the First Nation leadership with crisis-to-crisis management of issues pertaining to the well being of its citizens on the reserve through funding processes and detrimental legislative processes. The purpose of this strategy by Indian Affairs is to prevent the First Nation leadership from dealing with fundamental issues of the First Nations. As a result, the MKO First Nation leadership cannot spend quality time on the issue of the Framework Agreement Initiative. MKO political leadership must review its political machinery to ensure that quality time is spent on inherent rights, treaty rights, jurisdiction and self-determination issue.
  

In spite of these difficulties, all the three tables are working with the Federal negotiators with the hope that an approach will be found that will respect the positions of the First Nations on self government.