CONFIDENTIAL DRAFT for AFN EXECUTIVE

Internal Summary Notesprepared by AFN staff Meeting with the Prime Minister, Friday January 11, 2013

First Nation representatives National Chief Shawn A-in-chut Atleo BC Regional Chief Wilson Raybould AFNQL Regional Chief Ghislain Picard Yukon Regional Chief Mike Smith New Brunswick / PEI Regional Chief Augustine Grand Council of the Crees Grand Chief Matthew Coon Come Treaty 6 Grand Chief Craig Mackinaw, Ermineskin Cree Nation, AB Treaty 7 Grand Chief Charles Weaselhead, Blood Tribe Treaty 8 Grand Chief Roland Twinn, Sawridge First Nation, AB Chief Norma Johnstone, Mistawasis Cree Nation, SK Chief George Ginnish, Eel Ground First Nation, NB Chief Deborah Robinson, Acadia First Nation, NS Chief Marcel Head, Shoal Lake Cree Nation, SK Chief Terrance Paul, Membertou First Nation, NS Chief Leo Omani, Wahpeton Dakota Nation, SK Chief Douglas White, Snuneymuxw First Nation, BC Chief Eric Fairclough, Little Salmon Carmacks, Yukon AFN National Youth Council,Sasha Maracle Elder Bertha Commonda, Kitigan Zibi Anishinabeg Nation

Canada Prime Minister Minister John Duncan, Aboriginal Affairs and Northern Development (AANDC) Minister Tony Clement, Secretary of the Treasury Board Minister Leona Aglukkaq, Health Canada Parliamentary Secretary Greg Rickford Deputy Minister AANDC Michael Wernick Associate Secretary to the Cabinet and Deputy Minister Intergovernmental Affairs, A/Deputy Secretary, Social Affairs, PCO, Meena Ballantyne Deputy Minister Natural Resources Canada, Serge Dupont Deputy Minister Human Resources and Skills Development Canada, Ian Shugart

National Chief Atleo x Outlined the eight points agreed to by First Nations leadership – these points to form the agenda for this meeting. x Noted the strong voices of community leaders and First Nation citizens seizing this moment for change ... that this determination will not be silenced x Asked the PM to stay and hear directly from leadership.

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 1 of 9

Prime Minister Harper x Understands that as the head of government, leaders want him to hear the dialogue directly x The Crown-First Nations Gathering was a product of Canada and First Nations’ mutual interest to work towards progressive, long-term change x Partners in strengthening Canada’s economy x Real possibilities for economic development in rural and remote communities where opportunities haven’t existed before x Personally wants to see Aboriginal people get full access to these opportunities x Noted commemorations – 1812 / Indian Residential School apology x The recognition of history is not an end in itself but a way to lead to a better future x Commitment to the five areas of the joint action plan – this represents an ambitious and difficult agenda x Our relationship lies at the heart of this country x Requires sustained effort, good will and frank dialogue x Need to find the common ground x Noted importance government places on Treaties – conclusion of record number of self-government agreements and agreements-in-principle and resolution of over 80 specific claims x Noted progress with tripartite agreements x Confirmed Government is ready for dialogue on these important matters x Agreed to stay as long as possible to hear directly from leadership x River analogy: moving down the river together – respectfully paddling in the same direction but must watch we do not get caught in the eddies

Matthew Coon Come x Spoke about expectations for meeting – want to close the gap in disparity between Nations and others x Need commitment to a process and next steps to move forward – immediately on a Nation to Nation relationship – commit to achieving this over one year x New Royal Proclamation x Need for a Nation-to-Nation Crown process – renewed and just implementation of Treaties; social and economic justice; peaceful coexistence x Strong support for Chief Spence – GCC has supported financially and worked to assist in capacity around housing and governance x “I care for Chief Spence. I do not want her to die. But she doesn’t get to tell me who I meet with and what we are asking for”

Minister John Duncan x Has heard issues with treaty negotiations – why looking to reform process x Both parties must commit to enhance x Committed to open and productive discussion on issues of mutual concerns x First Nations need to be active participants when Canada is ready to discuss mutual priorities

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 2 of 9

Jody Wilson-Raybould x Anxiety in being at meeting today – made a conscious decision to work on solutions here x Outside, people are calling for change – have elevated this to a new level x Discussions were challenging this week – conclusion is that First Nations are committed to working together but have very specific demands that need to be met x There has been very little if any movement on CFNG outcomes x Discussion today needs to focus on fundamental issues of the relationship – economic development is then a product of tackling those fundamental issues x Need to support First Nations in their nation building and rebuilding efforts – currently few options for FNs to walk through post-colonial door x Other than interminable negotiations, no mechanism to support First Nations’ efforts x Legislation needs to be jointly developed so that it responds to First Nation needs – not imposed or on other agenda x All legislation must comply with s. 35 x There is no mechanism to recognize and support Nation-building

Grand Chief Roland Twinn x Sent by people to table a proposal for a Treaty 8 negotiation table x Hard work to be done – homework needs to be done by First Nations to fulfill their section 35 rights and develop their own constitutions x Sawridge has done this work – Order in Council has taken it out of the Indian Act x To overcome key challenges and address section 35, need to work together and reconcile jurisdictions x Government and options need to come from First Nations not the – otherwise this is a fundamental breach of Treaty and s. 35 x Here to talk about Treaty, not programs and funding x I invite you to our Territory to have dialogue about that partnership

Grand Chief Ed John x Noted long political involvement and international role x BC economic development tied closely to mines, gas and oil x Provisions of Bill C-38 and C-45 run roughshod over Treaties and inherent rights x First Nations initially encouraged by the outcomes from CFNG but then very disappointed with follow-up– officials still say they have no mandate on comprehensive claims x Need for annual meetings between the Crown and First Nation leaders – direct involvement in setting policy direction and budget priorities, like occurs with President Obama and US Tribes

Regional Chief Augustine x National Chief delivered key points and has full support x This meeting is not to have a programmatic discussion but to have a high level conversation

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 3 of 9

x Underlined the importance of resource revenue sharing – need to take a serious look at the structure of revenues and fiscal arrangements/equalization to move forward

Grand Chief Charles Weaselhead x Idle No More and our grassroots peoples forces both of us to take heed and address these issues x Need answers to take home to his people OR cannot be a part of this discussion today x #1 priority is the renewed relationship and full implementation of treaties x Other areas – economic development, education, legislation need to follow this look at the relationship x when you leave Prime Minister, I leave. I am not here to have a conversation with your ministers and officials

Minister Duncan x Believe we’re here because as a government we have made unprecedented progress x On Jan 21 will launch intensive conversation on education x Concurrence on the need for a steering committee on Treaty Implementation and comprehensive claims

National Chief x Conversation up to now – exchange epitomizes what is wrong with interaction between FNs and government x Separation of executive branch and other functions x Ministers’ claims of progress in the face of First Nations expressing real concerns x Our people are posed and economic challenges will result for everyone x Solutions must be political and outside of realm of programmatic responses x Minister has responsibility through the Indian Act – but First Nations have a relationship with the whole Crown x Dichotomy is continuing to try to pull into a programmatic conversation when having a treaty conversation x Potential for the PM to mandate a high level treaty table – these need to be monitored at a political level in the PMO x Conversation is at cross-purposes – have limited time here and need to get into issues now x Extremely political in nature – DOJ manages 100s of title and rights cases a year. Takes positions that we do not exist as a peoples. Advice is not in the interests of First Nations x We need to answer among ourselves – is this the time - do we try to work with this PM or wait until the next one to achieve our goals x There needs to be a political decision to break the impasse

Minister Clement x Meeting in good faith with a group of “at risk Canadians who deserve better”

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 4 of 9

x Economic development is a means to an end – revenue sharing, equity and participation x Admittedly not understanding entire relationship with Treaty – or why that discussion needs to occur before Economic Development

Chief Terrence Paul x Aboriginal and Treaty rights must be respected as affirmed by the courts – cannot be abrogated or infringed upon x The Honour of the Crown must be upheld x Described Treaty Secretariat – Mikmaq that was established and how this is model that can be used elsewhere where all parties are at the table x Critical problem is access to capital – the FN Financial Authority one way for FNs to achieve this x GoC must repeal provisions of C-45 that impact Treaties

Chief Douglas White x Agrees with need for high-level political conversation x Discussion of rights has occurred in courts and legal circles – legal discussions haven’t been matched by political conversations – critical need for s. 35 discussion at the highest political levels x Needs to be a commitment to a meeting with PM and all First Nations – with a jointly developed and agreed to agenda x Example of the Tsilhqot’in decision – impoverished notion of title; recipe for serious uncertainty and conflict. Need to have a different way to move forward

Grand Chief Mackinaw x Here to ensure respect for the Treaties and that Treaty 6 has a voice at the table x To deliver the message to repeal problematic sections of legislation – Bill C-45 and C-38 x Essential to have more meaningful meetings – agree to benchmarks and measure success

Regional Chief Picard x This is not a negotiation – negotiation needs to happen directly with First Nations, but he has been sent with a message x Need a proper framework that establishes the right conditions to move forward x First Nations get caught up in the same situation, waiting for the right government to come forward and respond appropriately – this is not going to happen x The National Chief outlined what needs to happen, as did Grand Chief Coon Come x First Nations need a response to these points – if not today then very soon x Lots of anxiety – many would rather be outside and are uncomfortable to sit at this table – but have duties and responsibilities as a representative who’s been elected into this role x All are clearly challenged by social unrest x We are taking good faith a step further and hoping that the government will signal to take it even further

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 5 of 9

Minister Clement x Hearing the commentary and connection of Treaty, Indian Act and legislation x Hard to unravel these – concern that economic development stops until treaty discussions are resolved – no further ahead

Regional Chief Wilson-Raybould x Government keeps trying to draw a line between items – a high level conversation is needed to move past these barriers. The main tool to doing so is the relationship x The Indian Act is the main impediment – all efforts (Treaty implementation, section 35, outstanding claims) need a concrete process, guided by the PM

Chief Deborah Robinson x The governmentmust work with First Nations on any legislation to ensure Treaty rights are respected x The KMK process is in place and is where any and all matters related to Mikmaq are to go … but was overstepped by the legislation x Concerned with the negative implications of Bill C-38 x Strong support for Idle No More and Chief Spence – was sent directly by her people to meet with and convey support to Chief Spence x We can break the impasse and the status quo x We need high level political oversight

Chief Marcel Head x Was sent by his people to be a voice at the table x They are saying no to Bill C-45 – sections that impact First Nations must be repealed x PM was necessary to dialogue post CFNG as the head of government but we didn’t see this x Also need GG as representative of the head of state to be involved x Need to have indication that the government will move forward based on Treaty

Chief Fairclough x 11 modern Treaties in Yukon x Need for high level political discussions to avoid further infringing rights and title x Need to be recognized that their agreements are included in the constitution and that they are senior governments – unlike the Territory which exists only as the creation of federal statute

Chief Ginnish x At the table because of the continued and severe poverty among First Nations – children in care x Actions such as reducing social assistance rates before Treaty talks entered into further disadvantages FNs x Jurisdiction needs to be recognized – consultation directly with First Nations and fair share of resources

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 6 of 9

x Children should have schools they love and are happy to be in

Chief Omani x Sent with a message for the PM and provided a document x Promises have been made to the Dakota and Treaty 6 – need to be fulfilled x Resource revenue sharing needed

Grand Chief Coon Come x Concerned conversation not focused … Quebec Chiefs sent him to this meeting to present a process, not to listen to statements or rhetoric x Must build a bridge through this impasse – together agree to specific measures (mandate, terms of reference) to move forward

Prime Minister x Reflected on different responsibilities x People expect the PM and GoC to act in a way that takes into consideration the best interests of all for now and in the future x Aboriginal and non-Aboriginal interests are linked but Canadians need to know that these best interests are what is driving the government, not pressure from certain segments x Agreed to provide commentary in each of the eight areas: x Points 1 & 2–Treaties & Comprehensive Claims: x Reflecting on the specific claims model, of a politically led, ongoing dialogue on process that led to a solution x Agreed to establish a high level dialogue on Treaty Implementation and comprehensive claims x The government needs certainly and finality – discussions and negotiations that go on for decades defeats the reason for engaging in the first place x #8–Machinery of Government and Political Oversight: x Proposal as written could be misconstrued that it is seeking more government control over First Nation matters – knows that is not true x While the PM doesn’t dictate or run all aspects of government (contrary to popular opinion), machinery and how departments are organized is his clear purview x In the past, PMs have created central secretariats & cabinet committees to elevate attention to and the importance of certain areas – in his opinion this had the opposite effect x All matters of importance need to go in front of policy and planning committee regardless x The PM and PCO can oversee but not directly run or manage specific areas and this is best left to departments x Conceded that the experience of the past year shows that there is need for more central and political oversight in these areas – and he will work with the Clerk to work out how this can best happen

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 7 of 9

x Regular dialogue and engagement of the National Chief will also be necessary to move this forward x #3 – Resource Revenue Sharing: x The question is not just benefiting from resource development, but full participation in all aspects of development and spin-off benefits x Need to not “just look for a cheque from somebody” x Federal government doesn’t get resource revenues directly – need to work with provinces on this and other areas (such as skills development, infrastructure)

x #4 – Legislation & s. 35 compliance: x Understands the frustration with DOJ as usually in court – underscore that DOJ does not take the position that Treaty rights are of no force and effect. On the contrary, DOJ reinforces that treaty rights are matters of constitutional law that supersedes Ministerial authority x Regarding the new environmental assessment process – the government is seeking to streamline approvals but not to diminish nor absolve the duty to consult on development in any way x We all recognize the flaws of the Indian Act. The method the government has been trying to pursue is to give individual bands the ability to have flexibility and to adopt options of their own choosing. x Open to suggestions on how this can be done and to be most effective x Have observed an overall lack of consensus in this area – why legislation is optional

x #5 – Fiscal Relationship) x Investments of this government far exceed those of previous governments x First Nations are frustrated by the cap, but in other areas there are no automatic increases at all x GoC will continue to assess needs and to try and assess results x Idle no More – presents two realities. The first is the pressure felt by First Nation leaders. The second is the negative public reaction that this invokes. The public will stand behind investments if they can see results. x #6 – National Public Inquiry: x One of the most fundamental roles of government is ensuring safety. One of the first orders of concern for government is public safety and have taken action in this area x Looking for ways to act effectively – have seen nothing that suggests another study or inquiry will have any effect x Open to concrete suggestions on how to do more – it is now a matter of acting x #7 – Education guarantee: x Agree that education is important – national consultation to begin shortly to get specific input into this matter

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 8 of 9

x Conversation invariably turns to who controls education – for PM, not a question of what is the maximum extent of power but what will genuinely serve the needs

National Chief Atleo x Worked to clarify the PM’s commitments and assess with others their understanding x Questioned whether Treaty talks would be on a treaty by Treaty basis

Grand Chief Roland Twinn x If all lumped together in one process, this meeting has been a waste of time and he will go home disappointed x But if this is to initiate Treaty-by-Treaty process – results within my territory – that is what is needed

Prime Minister x Yes to high-level dialogue – how this will happen needs to be determined – today is a start and he and the National Chief can meet in the coming weeks to further discuss x Build on the specific claims model – but caution do not want to replicate multiple tables already in existence – looking for high level macro change

Grand Chief Ed John x A high level mechanism is needed to move past the impasse in comprehensive claims – need to ensure conversations of certainty are not code for extinguishment of rights

Grand Chief Matthew Coon Come x Creation of a high level table and process is what he was directed to seek from this meeting

National Chief x Committed to work with Treaty leaders so they could determine what this high-level process would look like x Asked PM to commit to a meeting with all First Nations

Prime Minister x Committing to high-level work and to meet on an ongoing basis with the NC to assess progress x Reflected that in own experience, here and internationally, large scale meetings are more successful following work being undertaken and some results in place, rather than a mechanism to achieve these and he would consider that in the future

CONFIDENTIAL DRAFT SUMMARY NOTES TO AFN EXECUTIVE Page 9 of 9