Framework Agreement Initiative

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

Duration: The duration of this agreement is 10 years. After December 7,2003, 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.

Roles and Functions:

• AMC - lead role in the Comprehensive Table
• MKO - lead role in the Child and Family Services
• SCO - lead role in the Education Table with Lorne Cochrane from AMC and David Walker from Canada being the lead negotiators.

Overall Process of FAI:

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

Issues:

All three tables are confronted with issues that are difficult to reach agreement with the Federal Government negotiators. The following are the issues that need to be resolved:

• 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 the 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

Education Negotiating Table:

Negotiating Team: The negotiating team is comprised from First Nation members from AMC, MKO and SCO with Stuart Wattke from SCO being a lead negotiator.

Objective: The objective of the Education Table is to ensure that all negotiations and activities of the FAI process will be administered in a manner consistent with objective agreed to between Canada and AMC

2002-2003 Joint Work Plan - The work plan outlines activities regarding negotiations, communications strategies, supporting activities, community consultations and workshops. All items identified in the work plans have been completed except for the joint communication activities and community visits and workshops.

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

Negotiation Update:

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 results of these changes has lead to the creation of additional drafts of the AIP. However, there has been difficulties reaching agreement on many items and these items have been referred to the chiefs negotiators forum. Discussions on some of these items have been deferred to take place between the AIP and final agreement processes.

Report on the 2003-2004 Joint Work Plan:

The following activities to be completed by June 30,2003

• Negotiation - A meeting schedule has been agreed upon.
• Organizational Plan - the plan agreed to is similar to that of the previous year and the same process will be followed.
• Negotiations on an AIP - (this is not totally completed)
• legal review of AIP - ongoing
• Pre-Approval Activities - to be determined by Chief negotiators
• Approval of AIP - As per AMC resolution, the AIP will be initialled by Grand Chiefs

The following activities will be done before March 2004

• Negotiations on Final Agreement, Implementation Agreement and Financial Transfer Agreement.
• Negotiations on the terms of Provincial participation
• Legal Review of all agreements
• Agreement and implementation of supporting activities.

2003-2004 budget: An approval of $500,000 budget for Education table was received of which MKO will receive $200,000.

Update on the Northern MKO Office of FAI:

Background: To allow for full participation by MKO on matter pertaining to FAI, an MKO-FAI office was established 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. MKO-FAI staff are involved in the three negotiations tables namely, Comprehensive Table, Child & Family Services Table and the Education Table.

Staffing: The MKO-FAI Winnipeg office is made up of four personnel which includes director, legal counsel, legal student and receptionist.

Other Functions: Besides being involved with the FAI, the MKO office staff is working on (1) MKO First Nation Government, (2) First Nation Government Act, (3) Examining parallel processes to support First Nation self-government, (4)Reviewing government policies on how they affect First Nations towards self-sufficiency and (5)Examining the feasibility of establishing a treaty implementation office and legal office to address legal issues confronting MKO First Nations.

Conclusion: In spite of negotiation and funding difficulties, the MKO-FAI office will continue to negotiate for acceptance of First Nation positions on self-determination with the Federal negotiators and under no circumstances will we allow the process to undermine the sacred positions of First Nations' Inherent, Treaty and Aboriginal Rights.