First Nations University of Canada Governance Plan

M.A. Begay II & Associates, LLC

3421 West Foxes Meadow Email: [email protected] Drive Tuscon, AZ 85745 USA

An Opportunity to Lead the World in First Nations Higher Education

MAB II & Associates, LLC Page ii 2/17/10 ...... 1 Table of Contents. .

1 TABLE OF CONTENTS...... III 2 INDEX OF FIGURES...... VII 3 EXECUTIVE SUMMARY...... 9 3.1.1 Overall Recommendation:...... 11 3.1.1.1 The Nominating Committee...... 12 3.1.1.2 The Board ...... 12 3.1.1.3 Board Principles and Subcommittees ...... 14 3.1.1.4 Board Compensation ...... 16 3.1.1.5 Board Terms...... 16 3.1.1.6 Lead Governance Officer ...... 16 3.1.1.7 Board Secretary...... 16 3.1.1.8 Board Relationship to FNUniv Administration ...... 17 3.1.2 Institutional Management...... 18 3.1.2.1 Stability...... 18 3.1.2.2 Demarcation points between the Board of Governors and FNUNIV Administration...... 19 3.1.2.3 Policy and Process Protections against future “white collar crimes”...... 19 3.1.3 Transparency...... 20 3.1.3.1 Vice President for Communications:...... 20 3.1.3.2 Conflicts of Interest:...... 20 3.1.3.3 Financial Transparency:...... 21 3.1.3.4 Financial Analysis: ...... 21 3.1.3.5 Summation ...... 21 3.1.4 Recommended Actions from an Institutional Governance and Financial Perspective...... 22 3.1.5 Commendations...... 22 3.1.5.1 The Elders...... 22 3.1.5.2 Culture and Language Focus...... 22 3.1.5.3 The Students...... 22 3.1.5.4 The community ...... 23 3.1.5.5 The Board ...... 23 3.2 NEXT STEPS ...... 23 3.2.1 Board Redevelopment...... 23 3.2.2 Establish a Capable Institution of Governance...... 23 3.2.3 Creation of an Elder’s Council ...... 24 3.2.4 Integration of Core Values into School Governance ...... 24 3.2.5 Documentation of Ethical Standards of Behavior based upon Mission and Core Values....24 3.2.6 Creation of a University Council...... 25 3.2.7 Establish Alternative Sources of Revenue ...... 25 3.2.8 Development/Alumni Department...... 25 3.2.9 Description of Potential ...... 25 4 REPORT ...... 26 4.1 INTRODUCTION...... 26 4.2 RESEARCH DESIGN ...... 28 4.3 BACKGROUND ...... 29 4.3.1 Community...... 30 MAB II & Associates, LLC Page iii 2/17/10

4.3.2 University...... 31 4.3.3 Events...... 33 4.3.4 Challenges ...... 43 4.4 CURRENT ENVIRONMENT...... 46 4.4.1 Working Relationships with the University of Regina...... 47 4.4.2 Working Relationships within FNUniv...... 47 4.4.3 The Saskatchewan Context...... 48 4.4.4 Funding ...... 49 4.4.5 Financial Management...... 50 4.5 KEY FACTORS IN THE SUCCESS OF GOVERNANCE AT FIRST NATIONS UNIVERSITY OF CANADA...... 51 4.5.1 Jurisdiction...... 51 4.5.2 Separating Business from Politics ...... 52 4.5.3 Economic Self-Reliance ...... 53 4.6 TRADITIONAL HISTORICAL GOVERNANCE ...... 55 4.6.1 Origins of Governance...... 55 4.6.2 Relevance to First Nations University...... 59 4.6.3 Demographic and Geographic Information...... 65 4.6.4 Ogemahkiwin (Cree Governance)...... 67 4.6.5 Hotarelyú asié bets`en k`ozeldé (Dene/Denesuline Governance)...... 72 4.6.6 Gimakihwin (Ojibwa/Anishinaabe/Saulteaux/Odawa Governance)...... 79 4.6.7 Win’yaniancan (Dakota/Lakota/Nakota, Sioux/Assiniboine Governance) ...... 87 4.6.8 Thoughts...... 90 4.7 TRADITIONAL HISTORICAL GOVERNANCE VALUES AS KEY SUCCESS FACTORS FOR PRESENT DAY FNUNIV93 4.8 INTERNATIONAL HIGHER EDUCATION STANDARDS...... 99 4.8.1 International...... 99 4.8.2 Different Forms...... 99 4.8.3 Indigenous Models of Higher Education...... 104 4.8.3.1 The University of the Arctic ...... 105 4.8.3.2 Te Whare Wananga O Awanuiarangi Council (Aotearoa /New Zealand)...... 107 4.8.3.3 Turtle Mountain Community College ...... 108 4.8.3.4 Fort Berthold Community College ...... 108 4.8.4 Accreditation Standards of Governance ...... 110 4.8.4.1 Association of Governing Boards (AGB) (U.S.) ...... 110 4.8.4.2 American Indian Higher Education Consortium (U.S.) ...... 112 4.8.4.3 World Indigenous Nations Higher Education Consortium...... 113 4.8.4.4 Association of African Universities...... 113 4.8.4.5 New England Association of Schools and Colleges ...... 114 4.9 KEY INTERNATIONAL HIGHER EDUCATIONAL STANDARDS FOR SUCCESS...... 115 4.9.1 The Contextual dimension...... 116 4.9.2 The Educational dimension...... 116 4.9.3 Interpersonal dimension...... 117 4.9.4 Analytical dimension...... 117 4.9.5 Political dimension...... 118 4.9.6 Strategic dimension...... 118 4.10 RECOMMENDATIONS ...... 119 4.10.1.1 Criteria...... 120 4.10.1.2 Universal Success Factors...... 120 4.10.1.3 Traditional Success Factors ...... 120 4.10.1.4 International...... 120 4.10.1.5 The Models ...... 121 4.10.1.6 FNUniv 2005...... 121 4.10.1.7 FNUniv 2007...... 122 MAB II & Associates, LLC Page iv 2/17/10

4.10.1.8 U.S. Tribal ...... 122 4.10.1.9 Canadian...... 123 4.10.1.10 U.S. Massachusetts...... 124 4.10.1.11 Europe (Austria)...... 124 4.10.1.12 Our Recommended Model: ...... 125 4.10.1.13 The Nominating Committee ...... 126 4.10.1.14 The Board...... 126 4.10.1.15 Board Principles and Subcommittees...... 128 4.10.1.16 Board Compensation...... 130 4.10.1.17 Board Terms...... 130 4.10.1.18 Lead Governance Officer...... 130 4.10.1.19 Board Secretary ...... 130 4.10.1.20 Board Relationship to FNUniv Administration...... 131 4.10.2 Institutional Management...... 132 4.10.2.1 Stability ...... 132 4.10.2.2 Demarcation points between the Board of Governors and FNUNIV Administration...... 133 4.10.2.3 Policy and Process Protections against future “white collar crimes” ...... 133 4.10.3 Transparency...... 134 4.10.3.1 Vice President for Communications:...... 134 4.10.3.2 Conflicts of Interest: ...... 134 4.10.3.3 Financial Transparency: ...... 135 4.10.3.4 Financial Analysis:...... 135 4.10.3.5 Summation...... 135 4.10.4 Recommended Actions from an Institutional Governance and Financial Perspective...... 136 4.10.5 Rating Models based upon Criteria...... 137 4.10.6 Commendations...... 138 4.11 REVIEW BY SOUNDING BOARD ...... 140 4.11.1 The Recommended Model ...... 141 4.11.1.1 The Nominating Committee...... 141 4.11.1.2 The Board Itself ...... 141 4.11.1.3 Board Principles and Subcommittees...... 141 4.11.1.4 Board Compensation...... 142 4.11.1.5 Board Terms ...... 142 4.11.1.6 Lead Governance Officer ...... 142 4.11.1.7 Board Secretary...... 142 4.11.1.8 Board Relationship to President...... 142 4.11.1.9 Institutional Governance: Stability ...... 142 4.11.2 Further Comments...... 144 4.12 NEXT STEPS...... 146 4.12.1 Board Redevelopment...... 146 4.12.2 Establish a Capable Institution of Governance...... 146 4.12.3 Creation of an Elder’s Council ...... 146 4.12.4 Integration of Core Values into School Governance ...... 147 4.12.5 Documentation of Ethical Standards of Behavior based upon Mission and Core Values. 147 4.12.6 Creation of a University Council...... 147 4.12.7 Establish Alternative Sources of Revenue ...... 148 4.12.8 Development/Alumni Department...... 148 4.12.9 Description of Potential ...... 148 5 APPENDICES ...... I 5.1 APPENDIX A: FORT BERTHOLD COMMUNITY COLLEGE ...... I 5.2 APPENDIX B: BOARD OF GOVERNOR'S GROWTH SUMMARY ...... X 5.3 APPENDIX C: BOARD OF GOVERNOR'S GROWTH DETAIL ...... XI 5.4 APPENDIX D: WORLD INDIGENOUS NATIONS HIGHER EDUCATION CONSORTIUM ...... XIV 5.5 APPENDIX E: MEETING SCHEDULE ...... XVII MAB II & Associates, LLC Page v 2/17/10

5.6 APPENDIX F: ONLINE SURVEY QUESTIONS ...... XXII 5.7 APPENDIX G: SOUNDING BOARD CREDENTIALS...... XXV 5.8 APPENDIX G: SURVEY AND INTERVIEW CORRESPONDENCE ...... XLIX 6 BIBLIOGRAPHY/REFERENCES...... LII 7 INDEX...... LX

MAB II & Associates, LLC Page vi 2/17/10 ...... 2 Index of Figures. . FIGURE 9: AUDITORS REPORTING P ATH ...... 20 FIGURE 1:FSIN GOVERNANCE ...... 29 FIGURE 2: BOARD OF GOVERNORS SIZE SUMMARY...... 43 FIGURE 3:WHO? ...... 46 FIGURE 5:SASKATCHEWAN TREATY AREAS...... 65 FIGURE 5:FEDERATION OF SASKATCHEWAN INDIAN NATIONS TREATY IMPLEMENTATION PRINCIPLES ...... 91 FIGURE 6: FULL CIRCLE OF FNUC GOVERNANCE FROM HISTORICAL VALUES ...... 95 FIGURE 6: A FRAMEWORK ANALYSIS FOR UNIVERSITY SYSTEM GOVERNANCE ...... 101 FIGURE 7: THE SIX KEY DIMENSIONS OF EFFECTIVE BOARDS...... 115 FIGURE 8: ELDERS - EDUCATING OUR FUTURE...... 119 FIGURE 9: AUDITORS REPORTING PATH ...... 134 FIGURE 10: UNIVERSAL SUCCESS FACTORS ...... 137 FIGURE 11: TRADITIONAL SUCCESS FACTORS...... 137 FIGURE 12: INTERNATIONAL SUCCESS FACTORS ...... 138 FIGURE 13: BOARD OF GOVERNOR'S GROWTH SUMMARY ...... X

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First Nations University of Canada Governance Plan

An Opportunity to Lead the World in First Nations Higher Education

MAB II & Associates, LLC Page 8 2/17/10 ...... 3 Executive. Summary . The task of the First Nations. University of Canada Ad-Hoc Committee: Governance of the First Nations University of Canada Board of Governors is to move deliberately, without delay, forward in establishing a governing structure reflective of the vision, goals and objectives of First Nations University of Canada (FNUniv). The vision is:

We, the First Nations, are children of the Earth, placed here by the Creator to live in harmony with each other; the land, animals and other living beings. All beings are interconnected in the Great Circle of Life.

As First Nations, we treasure our collective values of wisdom, respect, humility, sharing, harmony, beauty, strength and spirituality. They have preserved and passed down our traditions through countless generations.

The Elders teach us to respect the beliefs and values of all nations. Under the Treaties, our leaders bade us to work in cooperation and equal partnership with other Nations.

The First Nations University of Canada provides an opportunity for students of all nations to learn in an environment of First Nations cultures and values. The Elders’ desire for an Indian institution of higher education led to the establishment of the Saskatchewan Indian Federated College (SIFC).

The University is a special place of learning where we recognize the spiritual power of knowledge and where knowledge is respected and promoted. In following the paths given to us by the Creator, the First Nations have a unique vision to contribute to higher education. With the diversity and scope of the First Nations degree programs, the University occupies a unique role in Canadian higher education. The University promotes a high quality of education, research and publication.

At First Nations University of Canada, First Nations students can learn in the context of their own traditions, languages and values. Rooted in their own traditions, our students will walk proudly and wisely today. The University, through extensive programming reaches out and welcomes First Nations peoples to use its resources for the enrichment of their communities. In fulfilling the expressed directive, the Ad-Hoc Committee requested M. A. Begay II & Associates, LLC (MABII) to conduct an analysis of FNUniv governance and to recommend changes that could strengthen its organization and performance. In completing this task, MABII researchers closely followed First Nations traditions, spirituality, culture, and governance as mandated in the Terms of Reference and by Elders. MAB II & Associates, LLC Page 9 2/17/10

As such, five Pipe Ceremonies and one Sweat Lodge Ceremony were conducted and led by ceremonial Elders, specifically to find governance answers and directions for this project. In addition, MABII researchers carried out interviews with, among others, Elders, Chiefs, current and former students, administrators, Councilors, First Nation veterans, commissioners, provincial and federal authorities, managers, faculty and staff, and citizens of various First Nations. We reviewed documents about FNUniv governance, business operation, history, and relations with federal and provincial governments and institutions. We conducted a university- and community-wide survey, and researched four traditional historical First Nation governments and global higher education standards. We also benefited from numerous meetings and related sessions in and out of the FNUniv communities. This report provides an analysis of the background and current environment of FNUniv, traditional historical governing structures of four First Nations in Saskatchewan, global higher education standards, and uncovers key success factors in the governance of FNUniv. It also presents commendations of practices FNUniv must continue, provides a summation of Sounding Board comments, and makes recommendations of changes we deem FNUniv must make to improve its governance system. Finally, it outlines a transition plan that FNUniv must take to create develop an effective and efficient FNUniv governance model. While FNUniv has many challenges to overcome, it is clear that it has the potential to become a world-class higher education institution. FNUniv and its representatives have hopes and dreams that FNUniv will become a higher education institution that serves its constituents well. Among other things, FNUniv wants to build on the hard work of its founders by becoming an institution that can help strengthen First Nation cultures, languages, and core values. FNUniv also wants to cultivate students who will become strong members of the international academic community, learn how to conduct excellent research for major publications, and provide leadership for its First Nations peoples worldwide. It wants to help rebuild healthy First Nation communities throughout Canada and elsewhere. It wants to be a financially stable and independent education institution that makes decisions for its future based on the teachings of Elders. The vision and goals are admirable. FNUniv’s record is impressive, given the tremendous amount of complex constraints it has had to deal with. It has accomplished a great deal. But it bears the burden of a politicized governing institution that is not, for the most part, of its own design and based on its vision and goals. Most importantly, it is not designed to build the future it wants. Any model of governance must serve the primary goal of meeting the needs of the organization as expressed in their vision and mission statements. In the case of FNUniv, that means: Does the current governing structure allow for the promotion and active maintenance of First Nations cultures, languages, and core values? We think the answer is, not at the moment, but that it can promptly meet and exceed this vision and goals with appropriate governance support and structure. This report makes recommendations based on the following key governance success factors desired in its current operation and found in traditional historical First Nation governments and international higher education institutions:

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 Exercises Jurisdictional Control Over Its Own Education  Employs Separation of Governance from Politics  Exhibits Economic Self-Reliance  Ensures Elders are Critical in the Decision-Making Process  Promotes Healthy and Harmonious Relationships, Not Power, Balancing Spirituality, Community, and Self  Demonstrates Honesty and Integrity, Knowing That Every Decision Impacts Future Generations  Involves Full Participation, Collective Decision-Making, and Effective Communication Promoting Transparency  Makes The Board Culturally and Fiscally Accountable To Communities  Contextual Dimension: Relies on the institution’s mission, values, and traditions as a guide for decisions, demonstrating and reinforcing traditional core values  Strategic Dimension: Focuses on collective major decisions, establishing and implementing the institution’s priorities and long term directions  Educational Dimension: The board takes the necessary steps to ensure that members are well informed about the institution, the profession, and the board roles, responsibilities, performance, and duty to self-reflect, and seeks feedback on its own performance  Interpersonal Dimension: The board looks after the growth and development of members as a group and tends to the board's collective well being, promoting a sense of unity  Political Dimension: The board accepts, as one of its primary responsibilities, the need to develop and maintain healthy relationships among key constituencies  Analytic Dimension: The board recognizes there are complicated issues it faces and seeks multiple perspectives to solve problems and to develop appropriate responses. Due diligence will promote solutions that best serve the whole community

3.1.1 Overall Recommendation: Our recommended solution borrows from the best of the models examined, while building in specific components that adapt proven models to the specific FNUniv environment. At the heart of our recommended model is the selection and composition of the Governing Board. It is important that Federation of Saskatchewan Indian Nations continue to have overall control of the organization. This is consistent with any state or government run university system; however, this control must be at arm’s length – insuring the careful separation of governance from politics. The purpose of the Governing Board, on behalf of First Nations and their people, is to see to it that First Nations University of Canada achieves its vision and goals for First Nations people with the resources they have at their disposal by creating strategic, positive educational, organizational, change through good governance. In addition, the Board must recognize that it is an independent entity, first and foremost responsible to FNUniv. Board members must also recognize that when serving on the Governing Board and making decisions, their primary responsibility is to the organization and not to any other constituency they may be connected to in their outside lives.

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Therefore, we recommend that: 3.1.1.1 The Nominating Committee

 The Ad-Hoc Committee selects a Nominating Committee. This Nominating Committee will screen and nominate applicants for membership on the board. The committee will consist of two (2) highly-respected First Nation Ceremonial Elders, one (1) highly-regarded First Nations leader, and two (2) exceptional First Nation Higher Education Specialists.

In making the selections for the Nominating Committee it is critical that the Ad-Hoc committee considers the following criteria: The members of the Committee must have at least seven (7) years of demonstrable successful higher education board experience. The members must all be First Nations people. The members must be spiritually and culturally grounded. The must be a gender balance on the committee. 1. There must be no conflict of interest. No conflict of interest means:

. NO Current Publicly-elected Officials . NO Current Civil Servants . NO Current FNUniv or UofR Faculty, Students, or Staff . NO Current Provincial University Officials . NO Current Provincial or Federal Representatives

The Elders must also: . be over 50 years of age . know traditional and cultural ways . have grandchildren . know a First Nation language . be recognized as a good Elder in their community . have lived a good life

3.1.1.2 The Board Throughout our journey to discover an effective governance model for FNUniv we were conscious of the concern that the number of board members had generated. We asked each of the groups that we talked with about numbers and membership. We also looked carefully at our international models to find standards. We learned that a board membership below 10 was not unprecedented, but was probably too small. A board membership above twenty was also not unprecedented, but was probably too big. The Elders, during one of the Pipe Ceremonies, recommended that six would be an appropriate number based on the number of directions used in preparing the Sacred Pipe for a Ceremony. We were also told to pay

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attention to the four nations. Finally, we were compelled to expand the board to include a region outside of Saskatchewan. Our team also heard many concerns from stakeholders about the composition of the Board and the skills that were represented. We decided that for the Board to support the mission of FNUniv required both cultural and higher educational technical expertise. The Elders represent the cultural center of the First Nations community and is essential to supporting the board’s mission. The areas of technical expertise were compiled from the many examples of best practice we examined. Finally, it cannot be stressed enough that the Board deals with broad institutional policy and procedures while shouldering overall fiduciary responsibility for the University. The Board does not involve itself in the management of the University. We provide a detailed discussion of this separation in section 4.10.4, but we feel compelled to present this message early and often. Only the Board is responsible for hiring, evaluating, and firing the President and the President is responsible for all other FNUniv personnel decisions. Ultimately, the President is responsible for the Institutional Management of the organization.

 The Nominating Committee will select eleven (11) Board Members. Seven (7) of the Board Members must be First Nation people. The Nominating Committee will screen and nominate applicants for membership on the Board.

The Board will consist of 11 VOTING members: o Four (4) Ceremonial Elders, one (1) from each Nation (1. Dene, 2. Cree, 3. Lakota, Dakota, Nakota, and 4. Ojibway or Saulteaux), two (2) women, and two (2) men.

o Six (6) Technical Specialists, preferably First Nation persons, three (3) women and three (3) men, with the following areas of expertise:

. Higher Education Governance, Strategy, and Planning . Financial (Analysis, Investment, and Audit) . Legal and Ethical . Personnel and Human Resource . Higher Education Fundraising . Communication and Diplomacy . Infrastructure

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o One (1) other First Nations person from outside Saskatchewan, either Ceremonial Elder or Technical Specialist

[NOTE: One technical specialist should be a faculty member from a university other than UofR. This will provide a faculty perspective while avoiding a conflict of interest by involving a UofR employee.]

o The Board will also have four (4) NON-VOTING Technical Ex-Officio members, selected by the Board, with expertise in:

. Finances and Budgeting . Development, Endowment Management, Investments . Higher Education Governance . Strategic Planning and Technology

In making the selections for the Board, it is critical that the Nominating Committee consider almost the same basic criteria used for their own selection:

There must be no conflicts of interest. The members of the Committee must have at least five years of demonstrable successful higher education board experience. Members must be spiritually and culturally grounded. The members must all be respectful and honorable. In addition, technical specialists should have at least five years demonstrated experience and expertise in their area of specialty. Preferably, a First Nations person.

3.1.1.3 Board Principles and Subcommittees

There are certain fundamental principles that the Board must recognize and emphasize: The Board is a unit. Its primary responsibility is to serve as a beacon of the core values represented and envisioned by FNUniv. Honesty and integrity should not be the only ideals, but also loyalty and commitment to the vision and goals of the Board and who it represents. Although decisions should be energetically discussed and evaluated, once a decision is made it is THE BOARD’s decision. The Board as a whole is then responsible for communicating that decision and actively supporting the decision. The Board is responsible for its own education on issues of culture, spirituality, core values, and higher education. The composition of the Board should facilitate that process, but the Board should not hesitate to reach out for expertise whenever it is needed. To that end, we recommend the following tasks for the Board: MAB II & Associates, LLC Page 14 2/17/10

 The Board establishes Subcommittees to meet on a quarterly basis or as necessary, and meetings will occur prior to each of the regularly scheduled meetings of the entire Board. The Subcommittees are responsible for gathering information, seeking options to an issue or plan, and report to, work in the service of, and are instructed by the entire Board. As such, the Subcommittee members must not involve themselves in the jobs of the staff. They are to ensure that the following responsibilities are met:

o Executive Committee . This small committee of no more than four board members should be created to function between scheduled Board meetings should the need arise. o Ceremonial Foundation . The Board reviews its decision-making and calendar to ensure that it is consistent with traditional First Nations standards. . The Board empowers FNUniv to use the same care in looking at its curriculum, calendar, and ceremonies. o Communication . The Board will ensure that adequate channels of communication are built between ALL stakeholders, including each represented community, faculty/staff/students, provincial government, federal government, and the provincial universities. o Education . The Board establishes a formal process for insuring that all members have a comfortable understanding of the core values, culture, and context of FNUniv. This means that The Board must regularly discuss the specific culture represented by a Higher Education institution as well as the unique challenges of a First Nations University of Canada. Elders will have expert understanding of one and the technical specialists should have expert understanding of the other. They must be made to work in concert with one another. o Background and Research . The Board establishes a formal process for researching each decision that is before The Board, insuring members have enough knowledge to make an informed decision. In addition, it must recognize that FNUniv is a unique institution. As such, The Board must realize that many decisions may require “outside the box” or “throw the box away” thinking. Also, it is likely that most decisions will include some level of ambiguity. o Finance . The Board accepts full responsibility for the financial health and well-being of FNUniv. It must establish a long-range plan for fiscal stability. The plan should include treaty-based guaranteed funds as well as independent financing through a fund-raising campaign to establish an endowment fund. Part of this Subcommittee’s charge would be insuring that FNUniv establish a Development Office coordinated with the newly formed Alumni Association.

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3.1.1.4 Board Compensation The Governing Board membership will be on a volunteer basis, meaning: no Governing Board members will be compensated and only meeting expense cost will be provided. 3.1.1.5 Board Terms The Board will function on a staggered four-year term limit basis. Board members may succeed themselves only once. This will entail the scheduling of terms of office so that all members of the Board are not selected at the same time. So, the membership terms for Board members expire in different years. Initially, the Board will comprise eleven (11) members serving four-year terms with half of the seats up for selection every four (4) years. In order to establish staggered terms of office, half of the members in the initial Board selection shall be chosen for a term of two years, with the other half of the members being selected for four years. For all subsequent selections, the Board members will be selected to a four-year term. Staggered terms is recommended because (a) such a structure makes it more difficult for an individual to gain control of a board, (b) is desirable to maintain continuity and avoid radical swings in Board composition, (c) tends to have the effect of creating relative stability in governance, and (d) encourages institutional renewal as a Board can benefit from the experience of veteran board members while welcoming fresh perspectives from new Board members. 3.1.1.6 Lead Governance Officer The eleven (11) Board members will select a willing, qualified, and gifted Lead Governance Officer (LGO) from within its membership to serve a four-year term only. The LGO, among others, will: (a) ensure the integrity of the Board’s process, (b) preside over Board meetings, (c) conduct its business in an orderly fashion based on core First Nations traditional values, inspire shared leadership, (d) build leadership, (e) manage the Board, (f) exhibit exceptional and positive oratory and listening skills, and (g) demonstrate bravery, and (h) seek peace. When the Board is not in session, the LGO’s duties will be to act as Leader of the Executive Subcommittee, and serve as the lead representative to the outside world. 3.1.1.7 Board Secretary The eleven (11) Board members will select a willing, organized Secretary from within its membership to serve a four-year term only. The Secretary, as an officer of the Board among others, will: (a) record and maintain all Board functions, policies, actions, and tasks, (b) have access to and control over Board documents, and (c) ensure the integrity of the Board’ documents by their timeliness and accuracy. Given that the role of the Secretary in ensuring the integrity of board documents will be time consuming, the use of staff hours will be necessary; although, this use should be carefully managed to not be overly excessive.

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3.1.1.8 Board Relationship to FNUniv Administration 3.1.1.8.1 Selection and Evaluation of the President The primary relationship between the Board and the Administration is the process of hiring the President. We recommend that the Board choose the President from a recommendation created by a Search Committee. The Search Committee should be composed of the faculty, students, staff, and board members. The Board will appoint one of its members as chair of the Search Committee (not usually the LGO). The Search Committee may range in size from 10 to 12 people. Faculty should constitute at least one third of the members. The faculty should elect faculty members on the search committees. We recommend that there be at least two ceremonial elders on the Committee (one male and one female.) We recommend the Committee include one student from each campus and two alumni selected by the Board. Once the Alumni Association has time to develop, we expect that selection to shift to an alumni association vote. We recommend the following:  The Board and only the Board chooses the President.  A Search Committee chaired by a Board member.  A Search Committee numbering no more than 10 or 12.  Adequate representation of faculty (at least one-third of the committee).  One student member, appointed by the Board  One local community leader, appointed by the Board.  In time, one alumni member, proposed by the alumni association and approved by the Board. Finally, we feel that the same rules regarding conflict of interest should apply to Search Committee members: . NO Current Publicly-elected Officials . NO Current Civil Servants . NO Current Provincial University Officials . NO Current Provincial or Federal Representatives 3.1.1.8.2 Relationship of the Board to the President We emphasize that the roles and responsibilities of the Governing Board and FNUniv administration are different and must not be confused. Confusion ultimately leads to organizational chaos. Generally, the Governing Board has the overall responsibility of establishing broad-based policies and strategic plans that govern the operation of FNUniv, and delegates the authority and responsibility to the administration for implementing the Board’s broad-based policies and strategic plans in a consistent manner through its annual operating budgets and plans. Separate and defined lines of roles and responsibility are absolutely essential for the organizational health of FNUniv. Thus, the Governing Board manages itself and governs, and the administration manages the organization. We call this “Institutional Management.” The Governing Board must not involve itself in the day-to-day management and operation of FNUniv.

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It is recommended that the Governing Board move on the task of working with the University management at devising written policies, codes, principles, regulations, and rules to cover all aspects of governance and management as soon as possible. This report has only begun to touch on what needs to be accomplished organizationally, and in terms of governance, for FNUniv to fully develop into a viable and efficient organization. Now is the time to focus needed attention to developing and strengthening the organizational foundation of FNUniv toward a stronger and more stable institution. We also conclude that if there is unity of purpose, cooperation, and collaboration by all stakeholders, FNUniv governance reform need not be time-consuming or exceedingly complex. It will require unselfish, spiritually grounded, and dedicated leadership and careful coordination, respect, and organizational skill. We urge all stakeholders to act in the very best interests of FNUniv by fully supporting this initiative. FNUniv has been engaged in what seems like continuous governance instability at many levels including Board, Management, FSIN, Province, and INAC levels. Despite this instability, through the many efforts of good leaders, Elders, administration, students, Chiefs, faculty and staff, provincial and federal authorities, and First Nations people themselves, tremendous progress has been made. To a significant degree, FNUniv is already on its way to achieving its vision and goals. Now is the time to move to the next stage in the process: implementing its new governance structure – fully supported, with one voice and vision – so that FNUniv can achieve its long-standing goals and vision, leaving behind the governance difficulties it has had to face for far too long.

3.1.2 Institutional Management In addition to reworking the board structure, we recommend that FNUniv revisit its institutional management policies. The following commentary is a compilation of “best practices” research garnered to frame a discussion on Institutional Governance or Management. The following section is described through two separate lenses: Institutional Stability and Institutional Transparency. 3.1.2.1 Stability Role of the Board of Governors: Probably the most critical and visible foundation of stability is the “control battle” over FNUniv’s Board of Governors. Although historically the bulk of the Board members have been the elected leadership of FSIN, there have also been representatives of INAC, the Province, University of Regina, faculty members, and even students. For various reasons, each of the categories of present board members could be defined as having “conflicts of interest” in occupying board seats (see “Conflict of Interest” section for further discussion and definition). The following is a compilation of best practices to help redefine the proper role and responsibilities of the Board of Governors: • Establish policy to meet “mission” and “vision” of the organization • Promulgate policy to FNUniv administration

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• Recruitment /Separation /Evaluation of the President of FNUniv through recommendations of an Executive Committee and by full representative vote of the full Board of Governors. • Establish strategic direction of FNUniv, along with President and key members of the Administration. • Provide Financial Oversight (typically limited to approval authority of annual budgets and major capital outlays. Additional controls are through the approval of financial procedures and policies (many already established and promulgated). • Provide a balanced set of board members to reinforce the institution’s values and needs: o A holistic perspective that values the Traditional Values, Ceremonies, Culture and Community of First Nation’s Peoples o A holistic financial perspective that ensures the mission and vision of FNUniv . o A holistic legal perspective that ensures the mission and vision of FNUniv. o A holistic Human Resource / Talent Management perspective that ensures the mission and vision of FNUniv . o A holistic Higher Education perspective that ensures the mission and vision of FNUniv. o A holistic Administrative / Operational perspective that ensures the mission and vision of FNUniv. 3.1.2.2 Demarcation points between the Board of Governors and FNUNIV Administration Interactions between the Board of Governors and the Administration of FNUniv have become at times a focal point and frequently non-productive. The following best practices could assist in better ongoing relationships: The primary point of interaction between the Board of Governors and FNUniv staff should be through the President and key members of the Administration and Vice Versa. The President may delegate some contacts to his/her staff. • The Board of Governors has the authority to establish policy, but it should be the responsibility of the President and Administration to enforce those policies, and for the Board then to hold the Administration responsible for proper enforcement. • The Board of Governors should not engage itself in personnel matters except for the hiring of the President. 3.1.2.3 Policy and Process Protections against future “white collar crimes” • Clear understanding of jurisdiction, venue, and definition. Establish FNUniv internal policies and procedures for violations of infractions including “malfeasance”, “misappropriation”, “fraud,” etc.. • Establishment of “Internal Audit” function, utilizing Chartered Internal Auditors • Establishment of in house Chief Financial Officer / V.P. of Finance as an authorized officer and Fiduciary Agent in FNUniv .

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3.1.3 Transparency Transparency is the process of providing clear and open communication of FNUniv policies, decisions, and procedures. This includes Board Governance and Management activities. To promote transparency, we recommend the following considerations: 3.1.3.1 Vice President for Communications: To promote Transparency and effective communication, it is essential for FNUniv to have a top-level officer in charge of that communication. That person will take on the Cree traditional role of “Crier” or “the person who speaks for other people.” This office will ensure that all stakeholders hear decisions that have been made as well as insuring the ability of all stakeholders to have their voices heard. 3.1.3.2 Conflicts of Interest: For the terms of the Board of Governors of FNUniv, our study has determined that “conflict of interest” would pertain to any VOTING Board member who might have an allegiance or motivation that might hamper them from making independent and objective decisions on behalf of FNUniv. For example, a conflict of interest may be perceived with the elected leadership of FSIN because they have sworn allegiance through an oath to their respective tribal nations or constituency, which is not necessarily in alignment with the Mission/Vision of FNUniv. (For example, there might be favoritism with one’s constituency versus another constituency.) In the case of Board Members who are representatives of the University of Regina, the conflict is clear with competing enrollments (unless a full and equal partnership could be crafted).

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For students and faculty of FNUniv, the conflict resides in the lines of demarcation between Board and President; it would be a conflict for a faculty member to vote in a personnel issue involving the President, which could violate privacy standards or involve retribution. Lastly, the clearest case of a conflict of interest pertains to any representative of INAC or the Province, and FSIN should they become a funding source because that body has a broader funding appropriation duty, which could clearly be biased by siding with or against FNUniv. Ultimately, it is pertinent that FNUniv’s new Board of Governors be cleared of any perceived conflict of interest. The new Board should then establish a clear set of policies and procedures regarding “conflicts of interest” provisions into Board by laws and promulgate all FNUniv policies and procedures 3.1.3.3 Financial Transparency: One of the factors fueling the debate regarding the well being of FNUniv can be related through the perception of the “transparency” of the organization. Anything less than full transparency of FNUniv’s financial records to the public could hamper the perception of “full transparency.” In some institutions “full transparency” includes public reporting of annual budgets. For the next few years, it is advisable that FNUniv consider this as common practice to promote trust from its major stakeholders. Any material changes of management (e.g., outsourcing of major financial functions) should be handled with the utmost of transparency with all stakeholders. In the case of a major reorganization (such as outsourcing primary financial processes, or a change in officers of the corporation), the Board of Governors should be notified as well as the general populace of FNUniv to maximize the perceived transparency of FNUniv. 3.1.3.4 Financial Analysis: • Revenues are up from 2008 to 2009 ($20.2M to $22.6M), yet the bulk of the increases come from increasing Federal and Provincial Grants. Student academic fees have fallen from a five (5) year high of $5.0M in 2007 to $3.9 M in 2009, illustrating the delayed but gradual decline of enrollment. • Total Expenses are increasing from 2008 to 2009. The expenses outpace the revenues in both 2008 and 2009 ($21.2M to $22.9M) leaving a budgetary deficit in 2008 of just over $1M, shrinking slightly to $390K in 2009. • Accounts Receivables are down from 2008 to 2009 $3.4M to $2.1M. • While there was not a full historical recording in the audited financial statements, Honoraria and travel for the near 40 member Board of Governors was almost $89K vs the comparable salary and travel of $410K for the total salary of Senior Management (three top posts), thus the honoraria / travel for the Board of Governors was almost 25% of the amount for the actual Administrative posts. 3.1.3.5 Summation Declining enrollments and the lack of transparency and stability with FNUniv has led to a precarious financial position, and without strong subsidization of grants from Federal and Provincial sources, FNUniv will be forced to liquidate assets, such as the Saskatoon campus facility.

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3.1.4 Recommended Actions from an Institutional Management and Financial Perspective

 Establish First Nations University of Canada (FNUniv) internal definitions, policies and procedures for violations of infractions including “malfeasance,” “misappropriation,” “fraud,” and other “white collar crimes.”

 Establishment of “Internal Audit” function, utilizing Chartered Internal Auditors

 Establishment of in-house Chief Financial Officer / V.P. of Finance as an authorized officer and Fiduciary Agent in FNUniv.

 Ultimately, it is pertinent that FNUniv’s new Board of Governors be cleared of any perceived conflict of interest, and then the new Board should establish a clear set of policies and procedures regarding “conflicts of interest” provisions into Board by laws and promulgate University wide policies and procedures

 Establish policies and procedures ensuring “full financial and governance transparency,” such as easily accessible financial statements and explanations of key assumptions to the general populace of FNUniv and its community shareholders. Further enhance the internal and external Community and Public Relations for all activities that could impact the FNUniv community (positive or negative).

3.1.5 Commendations The First Nations University of Canada has only been in existence for a little over twenty years time. Despite this short history, we saw many things that we were very impressed with: 3.1.5.1 The Elders All of the Elders that we met with were thoughtful, knowledgeable, and willing and able to bridge the gaps between the traditional and modern worlds. Many of them have had children and grandchildren graduate from the university. Each expressed the belief that the university represents a critical force in the preservation of their culture and traditions. 3.1.5.2 Culture and Language Focus The mission and goals of FNUniv are impressive. It is not an easy thing to preserve and promote a culture. Western schools serve that purpose, but there are over 4,000 universities in North America alone. The First Nations University stands alone and is well on its way to success. 3.1.5.3 The Students We cannot speak highly enough about our level of confidence in the students of FNUniv. Each campus displayed a range of skills, commitment to values, passionate concern for the university, and an intense desire to make things right. They were eloquent and thoughtful.

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Above all else, the foundation of FNUniv must be restored to allow these outstanding representatives of First Nations people to continue their education. 3.1.5.4 The Community By the community, we mean everyone involved with FNUniv. We were impressed with the fundamental passion each stakeholder has for the future of this institution. Elders, Veterans, Students, Faculty, Staff: all expressed a deep sense of commitment to make things right. 3.1.5.5 The Board As a unit, previous boards have done a good job at getting the university started. We were impressed with the Regina campus building as a beacon of hope for the university and First Nations people around the world. It is natural for a complicated organization to have growing pains, but FNUniv must be commended for what has been accomplished in such a short time.

3.2 NEXT STEPS It is clear from our observations that FNUniv has accomplished a lot in the last twenty-five years. FSIN and the school administration should be proud of those accomplishments. Now it is time for some change. At the outset, an organization is often plagued by myriad challenges. To facilitate solutions, excessive structure and governance controls are often slow to develop because they impede progress. FNUniv is now in a position where it has outgrown its early development stage and is ready to set up systems that will take it uneventfully through the century. We would like to emphasize that although this development process is not unusual, it is also not achieved through a quick fix. The process of change must be carried out over time in a thoughtful, good way. Each stakeholder in the process must feel that communication channels are open and their voices heard. Transparency and listening are the two strongest components of change in both the Traditional and International literature on governance. In particular, financial transparency and accountability as well as effective “broadcasting” of decisions must be established. To that end, we recommend the following Next Steps:

3.2.1 Board Redevelopment Once this report is received and has passed through the multiple levels of acceptance, it will be necessary to build the new board as quickly as possible. Our experience with the Ad Hoc Committee suggests that their wide diversity representing all stakeholders is a perfect platform for building the future. The Ad Hoc Committee will select a new Chairman of the Nominating Committee and that person will then begin soliciting nominees and making recommendations for the other members of the committee. When the Nominating Committee has been created and approved by FSIN and the Ad Hoc Committee, they must quickly get to work selecting the new board. Once the Board has been selected, it is highly recommended that a formal process of Board training be implemented.

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vision. In addition, the board must create its subcommittees and begin establishing the foundation of structural interaction with the university, procedures for that interaction, and an effective set of guidelines for communication. They must identify a list of concerns and build a list of strategic priorities from which they will derive a set of policies for good governance. These policies should incorporate every aspect of the university from financial planning to decision-making to management to infrastructure.

3.2.3 Creation of an Elder’s Council Throughout the changes it will be important to have a body of wisdom with easy access. At the center of FNUniv’s mission is the preservation of traditional values and language. To ensure that this mission is carried out in a good way, it is very important that the Elders become more actively involved in the university. Participation in the Board is a start, but this must be expanded. We recommend that the Board ask for help from the Elders to establish an Elder’s Council that will be available for advice on important issues.

3.2.4 Integration of Core Values into School Governance The process does not end with the selection of the board or the creation of an Elder’s Council. We recommend that once the board has clarified the vision, the university will go through a confirmation process of those values with all community stakeholders. We hope that the new board structure will ensure these values are strictly in line with both traditional and international values. A confirmation process should include open discussions and feedback from all community stakeholders. In addition, it is critical that Ceremony be at the center of this confirmation process. FNUniv must also reexamine its curriculum and procedures to ensure that they are in line with the reaffirmed vision. Speed is not as important in this effort as thoughtfulness and understanding. Process is essential, however, to ensure all stakeholders feel they are part of the community that is represented by the vision. We feel much of this unity can be provided through effective addition of Ceremony back into the regular events of the university. Immediate examples of this would include a Pipe Ceremony and/or a Sweat Ceremony upon the acceptance of the new plan and a healing ceremony once a new board is established.

3.2.5 Documentation of Ethical Standards of Behavior based upon Mission and Core Values While the community is reaffirming its core values, it is critical that those values, based upon the FNUniv mission, be clearly documented. In addition, to facilitate clear communication, it is strongly urged that the university look carefully at its communication channels. A comprehensive technology plan must be created. This plan would give a clear roadmap for information management, education, and communication. An examination of how the community chooses to communicate and how to move it along effectively will allow FNUniv to build the necessary transparency that has been missing. Essentially, documentation of core values, standards of behavior, and procedures is only effective if people know where to find and access it.

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3.2.6 Creation of a University Council We feel that the methods of group representation within the university must be examined. Whether a university council with student and faculty representation is needed is for the community to decide. It was clear from our discussions with a wide range of community members that communication is limited and that open expression of opinions is not encouraged. One way to minimize the perception of threats and intimidation is to provide formal opportunities for public expression of views. If these opportunities are strengthened and supported by documented procedures protecting participants, they may be successful. In the end, it is less the format of the communication than the actions of the administration and board following the events that will determine their success. Good communication requires an organization to build effective methods of persuading its members that they have been heard.

3.2.7 Establish Alternative Sources of Revenue As we have mentioned earlier in this report, FNUniv is held back by financial controls. We hope and expect that FNUniv will begin to actively build a foundation of funds to provide the university with the autonomy it needs to fulfill its mission. Creating an endowment fund and actively developing that fund through an effective fundraising campaign will be important to FNUniv moving strongly into the future. If FNUniv limits its revenue to only what is provided by treaty obligations, it will continue to exist on a subsistence level. FNUniv’s friends and supporters will ultimately decide its true future. It cannot be stressed enough that a good governance environment is absolutely necessary for the recruitment of strong financial supporters.

3.2.8 Development/Alumni Department A new alumni council has been formed which requires developing alumni relations. In addition, it is the traditional role of an alumni office to also participate in the fundraising. We recommend the creation of an Alumni/Development office within FNUniv and the collection of alumni demographic data. From that base a multiyear fundraising campaign can be designed and carried out.

3.2.9 Description of Potential FNUniv represents an exciting opportunity for the world. As a First Nations established university, it has already built relationships with other universities around the world. The idea that we cannot only preserve, maintain and teach traditional values, but that we can create leaders who can merge those values with modern skills is very powerful. The world has a lot to learn from First Nations people and FNUniv could be the focal point for that learning. Although it seems that today that future is a long way away, it seems that change at FNUniv will represent a pebble tossed into a pond. The size of the pebble and even the size of the pond will be determined by the strength and commitment of everyone involved in the FNUniv community. Whatever the commitment, the ripples that spiral out through that pond will play a role in generations to come.

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4 Report

4.1 INTRODUCTION

“It takes a thousand voices to tell a single story”

The First Nations University of Canada Ad Hoc Committee: Governance of First Nations University of Canada Board of Governors asked M. A. Begay & Associates LLC to conduct research for the purpose of understanding the First Nations University of Canada (FNUNIV) governance needs, evaluate its current governing structure, and identify changes and models that could strengthen the organization and performance of FNUNIV governance. Further, the work was to be conducted in such a way that it was aligned with First Nations traditions, spirituality, culture and governance ensuring its long-term sustainability.

The work included seven steps:

1) Establishing a traditional historical foundation. MABII & Associates researched the history of relevant First Nations governance models of various First Nations. We particularly focused on those First Nations that are a part of the Saskatchewan Federation of Indian Nations (Cree, Saulteaux, Dene, and Lakota, Dakota, and Nakota) with the explicit goal of identifying and understanding culturally appropriate governing systems within First Nations. This information shed light on governance practices that are still relevant to the governance challenges that FNUniv faces. 2) A review of the history of FNUniv governance. We established what FNUniv governance has looked like from its inception to the current model. This provided an account and a measure of change in First Nations governance up to the present and identified practices that could still be relevant to the governance challenges that FNUNIV faces. 3) A review of Best Practices in university/college governance in Canada, the US, and elsewhere Our research of First Nation/Indigenous colleges and universities identified current thinking in university/college governance, including research-based best practices models. We sought to uncover many types of university/college governance models in structure and process and determined governance prototypes that might be applicable to the challenges that FNUniv faces. 4) A review of relevant recent governance documents

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We reviewed documents that described or determined the shape of FNUNIV governance today (reviews, consultations, charters, policies, acts, reports, codes, FNUNIV governance manual, etc.). This was important to understand the organization’s current decision-making methodologies, to identify areas where the distribution of authority may be unclear, to pinpoint missing governance tools, and to estimate the extent of change that is required if FNUniv is to have governing tools adequate to the FNUniv ’s mission and objectives. 5) A review and identification of the current FNUniv stakeholders. This provided a base for data gathering and review of current governance practices. 6) On-the-ground interviews with FNUniv stakeholders These interviews were relevant to strategic priorities and directions and the current governing structure and performance. Documents capture how things are supposed to work and sometimes do work. In the interview process we learned something about how things actually work: where the bottlenecks or conflicts are, where the successes have been, whether strategic priorities and directions are clear, whether those priorities in fact have been translated into action, and a host of other information. Interviews were a reality check on what FNUniv governance really looked like and what affect it has had on the organization. In addition, interviews provided a method of finding areas of disagreement where individuals or groups may have different understandings of the way things actually work. 7) A Sounding Board was established. The board included thoughtful and experienced individuals from the United States and Canada firmly grounded in First Nations and Higher Education governance, These leaders served as sources of perspective and knowledge. The Sounding Board provided a mechanism for us to test ideas and receive candid guidance and feedback.

The following detailed report summarizes our findings, makes recommendations for change, suggests appropriate steps to ensure that proper university governance practices are in place, and suggests model(s) or example(s) that FNUniv might draw on in the course of governance reform. We look forward to delivering a final briefing to FNUniv.

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4.2 RESEARCH DESIGN The research design of this project was developed with three primary goals in mind. First, it was imperative that our project be conducted following traditional standards in a good way. We consulted with the Elders and at their suggestion, we participated in five pipe ceremonies, one of which was a sweat. In our own ways, we also maintained a reverent and spiritual foundation throughout the project. Second, we accessed as many written sources as was possible given the restrictions of time and resources. These documents included comprehensive reports on the history of FNUniv, correspondence between stakeholders, background administrative documents from the university, and dozens of articles from news sources. We also conducted global searches for research-based Higher Education Governance Models, documentation of current best practices around the world, and existing Indigenous Higher Education Governance models. Finally, we created a set of two visits, interview schedules, telephone conversations, and an online questionnaire that provided conduits of information from a broad range of sources. These sources included, but were not restricted to: First Nations Elders First Nations Veterans Chiefs from FSIN (See Appendix E) FNUniv interim Board Members FNUniv faculty and administration at all three campuses FNUniv students at all three campuses University of Regina Faculty and Administration Provincial representatives including the Governor Indian and Northern Affairs Canada (INAC) representatives The interview process was managed to allow for maximum input and communication. We stressed that interviews were held in confidence and the results would be presented in an anonymous summary format, ensuring that individual opinions would not be identified without explicit permission from the informant. The online survey was open to all; its availability was communicated to all faculty and students at FNUniv through their chosen representatives. Refer to Appendix E for a summary of the meetings that we held and Appendix F for a copy of the survey. Once the written and interview data had been collected, we shared the information among our team members, providing access to all documents through online communication. We also met regularly throughout the process via conference calls and one final trip to generate commendations and recommendations.

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4.3 BACKGROUND

Figure 2:FSIN Governance

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4.3.1 Community The Federation of Saskatchewan Indian Nations (FSIN) is the representative body of seventy-four First Nations within Saskatchewan committed to honouring, protecting, and enhancing the spirit and intent of Treaty Nos. 4, 5, 6, 8 and 10 made between the Crown in Right of Canada and the Chiefs and Headmen of the First Nations in the 1870s. Members of the Cree, Dene, Saulteaux, and Dakota/Lakota/Nakota Nations form the FSIN, which recognizes the autonomy and jurisdiction of each First Nation within Saskatchewan. Ten Tribal Councils and 11 independent First Nations are also affiliated. The history of the FSIN dates back to 1946 and the merger of the League of Indians of Western Canada, the Protective Association for Indians and their Treaties, and the Association of Saskatchewan Indians into the Union of Saskatchewan Indians (USI). John Tootoosis was elected president; John Gambler and Ernest Goforth elected first and second vice-presidents; Gladys Dreaver, daughter of Mistawasis Chief and World War I veteran Joe Dreaver, was selected as secretary-treasurer. A new constitution was struck, identifying six key issues requiring resolution: the protection of treaties and treaty rights; the fostering of progress in First Nations economic, educational and social endeavours; co-operation with civil and religious authorities; constructive criticism and thorough discussion on all matters; the adherence to democratic procedure; and the promotion of respect and tolerance for all people. In 1958, USI changed its name to Federation of Saskatchewan Indians (FSI). The catalyst leading to the emergence of FSI was Prime Minister Pierre Trudeau’s 1969 proposal to eliminate treaty rights and abolish reserves. FSI leadership fought implementation of what became popularly known as the “White Paper,” initiating a long period of political growth and influence. Protests led the federal government to offer financial support for the FSI’s community development program in 1972, a year in which organization delegates agreed that the FSI’s constitution should be registered under the Canadian Companies Statute. The FSI took a significant leadership role in First Nations education within Canada during the 1960s and 1970s because their children and citizen’s future were at stake. The Saskatchewan Indian Cultural College - 1972 (currently Saskatchewan Indian Cultural Centre), the Saskatchewan Indian Federated College - 1976 (currently First Nations University of Canada), the Saskatchewan Indian Equity Foundation, as well as the Saskatchewan Indian Community College – 1976 (currently Saskatchewan Indian Institute of Technologies) were sequentially established in an attempt to meet the increasing educational needs of their First Nations citizens.

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In August 1972, the General Assembly of the National Indian Brotherhood (NIB) accepted the Indian Control of Indian Education policy in principle, subject to certain additions. The final draft was approved by the Special Committee of the Executive Council of the NIB in November, 1982 and presented to the Minister of Indian Affairs and Northern Development (DIAND) on December 21, 1972. In a letter to George Manuel, President, NIB, dated February 2, 1973, the Minister gave official recognition to Indian Control of Indian Education, approving its proposals and committing the DIAND to implementing them. The policy demanded ‘Indian people have the direction and control of experimental programs conducted in their names by universities…’ (p. 24) The policy paper was based on the many papers and statements prepared by the provincial and territorial organizations. The Federation of Saskatchewan Indians submitted the Education Task Force Report (April 1972). The Saskatchewan Indian Cultural College began operations on the University of Saskatchewan campus in 1972, as the result of findings uncovered by the Task Force on Indian Education. These findings, such as the drop-out rate, age-grade differentials and truancy, to name only a few, sparked a great deal of interest and controversy on the part of educators and leaders alike. They also served to point out that parents and leaders had little or no control over what their children were being taught in the schools. The Saskatchewan Federated Indian College began operations on the University or Regina campus in 1976 to tackle adult up-grading and skill development and affiliation with the University of Regina to deal with the University level education and training. The uniqueness of SFIC was that it was a fully accredited, Indian-controlled institution and there are no other institutions of this stature in North America. The federated status with the University granted them the normal privileges and responsibilities accorded any other institution of its stature within the province of Saskatchewan. A reorganization effort in the early 1980s resulted in the FSI evolving from a longtime provincial non-profit governing body into the Federation of Saskatchewan Indian Nations (FSIN), becoming a true federation of First Nations. On April 16, 1982, following an agreement to form Canada’s first Indian legislative assembly, the Chiefs gained formal control of the executive and administrative functions of First Nations within Saskatchewan government at the First Nation/Band, Tribal Council, and provincial levels. A resolution known as the Provisional Charter of the Federation of Saskatchewan Indian Nations (Convention Act) was adopted, outlining the FSIN’s governing structure. The first Chiefs’ legislative assembly was held one year later, on October19, 1983.

4.3.2 University The Saskatchewan Indian Federated College (SIFC) was established by FSIN in 1976 as a federated college of the University of Regina. The Saskatchewan Indian Federated College Act, the founding legislation of SIFC and now the First Nations University of Canada (FNUniv), was passed by the Chiefs-in-Assembly in 1983 and amended in 1994. On June 21, 2003, SIFC changed its name to the First Nations University of Canada (FNUniv).

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The FNU is an academically integrated and independently administered institution serving the academic, cultural and spiritual needs of First Nations students and other students. The university also has program specific agreements with other Saskatchewan post-secondary institutions including the University of Saskatchewan, Saskatchewan Institute of Applied Science and Technology and the Saskatchewan Indian Institute of Technologies. The FNUniv is the only First Nations institution recognized by the Association of Universities and Colleges of Canada (AUCC) as offering a university level education. The FNUniv operates under the authority of an autonomous Board of Governors comprised of the following voting representatives as set out in The SIFC Act (1994) enacted by the FSIN: . one member appointed by the (FSIN) Executive; . one member appointed by each of the Tribal Agency/Councils; . two members (non-voting) appointed by the FSIN Senate; . one member appointed by the independent bands; . two members from the SIFC (now First Nations University of Canada) Students’ Association appointed by the Students’ Association; . the Chief of the FSIN ex officio (non-voting); and . a member-at-large who may be appointed by the (FSIN) Executive. 1 In addition, the SIFC Academic Council may elect one of its members as an observer and, by resolution of the Board of Governors, similar observer status may be provided to representatives of other organizations. The University is also incorporated as a non-profit corporation with a Board of Directors whose membership is composed differently than the Board of Governors of the University and includes: . the FSIN Executive member in charge of the Education portfolio (chair); . the First Nations appointees from the member First Nations and Tribal Councils; . the provincial government representative appointed by the Saskatchewan Department of Learning; . the federal government representative appointed by the Department of Indian and Northern Affairs, Canada; . the University of Regina appointee; . the University of Saskatchewan appointee; . the student representatives of the three campuses of the First Nations University of Canada appointed by their student associations; and, . a faculty appointee.

1 As can be seen by the graphic below, the size of The Board has changed over the last twenty years. For a more detailed examination of these changes (which are also mentioned in the following text ) please see Appendix [Appendix C: Board of Governor's growth Detail]

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4.3.3 Events On February 17, 2005, the then FSIN Vice-Chief and FNU Board Chair, Morley Watson, intervened in the management of FNUniv based on report of financial mismanagement. The Board Chair's actions included the suspension of two senior university managers and bringing a team of auditors and others onto campus to seize computer hard drives and financial records and initiate a forensic audit of the FNUniv’s financial records was initiated. Mr. Watson sought authority for his actions from the then FSIN Grand Chief Alphonse Bird and sought the approval of the FNU Board of Governors only after his intervention at the university. A letter from George Mansley, Chair University of Regina Faculty Association (URFA) to Eber Hampton, FNUniv President, with copies to the FNUniv Board of Governors, requested a detailed explanation with respect to what had occurred and required written confirmation of the authority under which any URFA member may be compelled to respond to any FSIN request for information or assistance in this purported audit process. URFA had serious concerns regarding the events and the treatment of their members. Mansley reminded FNUniv that section 44(1) of the Trade Union Act prohibits the employer from causing a lockout during the term of a collective bargaining agreement. In addition, URFA required assurance that their members would suffer no loss of remuneration or any other detriment as a result of the February 17, 2005 events. On June 30, 2005, Dr. Eber Hampton left the employ of FNUniv to become join the faculty of the University of Regina. In July 2005, the University of Regina, concerned about the impact of the management change on the quality of academic programs at FNUniv, requested a full review of the programs and of the credentials of the faculty teaching at FNUniv . On July 11, 2005, Kathy Heinrich, Vice President (Academic) of the University of Regina, sent a letter to Interim President Charles Pratt expressing her concern that the quality and integrity of the degrees might be compromised as a result of changes that had been taking place at FNU. She requested documentation regarding the instructors and to all courses being offered in Fall 2005. On August 26, 2005, the Director of the International Centre for Indigenous Development was relieved of his duties for cause. On June 8, 2005, the FSIN Chiefs-in-Assembly directed by Resolution 1397 that a Task Force be commissioned: “to undertake a review to assess the current capacity of the First Nations University of Canada to meet the educational needs of students in the future…and to place the institution on a solid footing for current and future generations, according to the Treaties and the value and respect for knowledge in the First Nations communities of Saskatchewan.” Furthermore, the resolution directed the Task Force to include hearings with all interested parties, including but not limited to First Nations governments, Federal and Provincial

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governments, First Nations University of Canada faculty and student associations, and other post-secondary institutions in Saskatchewan delivering programs and services to First Nations. On July 29, 2005, the All Chiefs’ Task Force on the Future of the First Nations University of Canada was subsequently established with additional points of reference by motion of the Board of Governors of the University. The members of the Task Force were: Del Anaquod (Co-Chair) Harry LaFond (Co-Chair) Harry Cook George Ivany Merrilee Rasmussen Ken Goodwill (Elder) Karri-Lynn Paul (Student Advisor) On November 29, 2005, the FSIN Chiefs-In-Assembly received the Final Report and Recommendations of the All Chiefs’ Task Force on the Future of the First Nations University of Canada for consideration. The findings and recommendations presented in the Final Report were organized into nine major areas: events leading to establishment of the Task Force; governance; management; planning; communications and relationships; fiscal arrangements; academic freedom; University reputation and pride; and, recruitment, retention and alumni. The Task Force concluded within the governance area that the Board and its pattern of governance should be reformed and determined that institutional governance was the most important focus of its recommendations. The present Board was larger than is usually recommended for effective governance and individuals appointed to the Board should be considered primarily on the basis of the competencies they will bring to the Board rather than as representatives of a nominating body. The Board had developed its governing policies but there appeared to be a limited administrative capacity to ensure that the policies effectively guided Board operations. The Task Force believed that some elements of these policies might be better placed within a new and revised First Nations University Act. The Task Force recommendations were intended to clarify the role and responsibilities of the Board and administration. The Board role centers on financial oversight, direct appointment and evaluation of the work of the President and (as with other universities) all other staff through the delegation of authority to the President, maintaining strong internal and external relationships, and direction and approval of the institution’s strategic plan. In general terms, the Board is the steward of the University, responsible for its management and for establishing and enforcing the values that guide it. Management and faculty, on the other hand, are responsible for delivering the established academic programs. The recommendations also addressed how the Board should be constituted in the future: The number of members, how they are appointed and the length of their term of office were considered. The University was established under legislation of the Federation of Saskatchewan Indian Nations. The Task Force believed that the FSIN Chiefs-in-Assembly, as the governing body responsible for the First Nations University of Canada, should

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formally approve their appointments to the Board and recommended how the nomination process might be improved. The Task Force’s FNU governance recommendations were as follows: 2.2 That the members of the Board of Governors of the First Nations University of Canada include the following: . six Members-at-Large nominated by the FSIN Saskatchewan Indian Education and Training Commission and appointed by the FSIN Chiefs-in-Assembly; . one student elected jointly by the Student Associations; . one Academic Council representative elected by the Academic Council of the University; . two alumni elected by the Alumni Association; . the President of the University ex officio; and two Elders, one man and one woman, the kēhtē-ayak, selected by the assembly of Elders convened by the Saskatchewan Indian Cultural College, ex officio. 2.3 That the Saskatchewan Indian Education and Training Commission, in making its nomination decisions, shall: . consider the collective abilities of its nominees to provide capable and knowledgeable governance; . nominate no more than two elected Chiefs of First Nations and no FSIN Executive Members; . not nominate a Province of Saskatchewan, Canada, or University of Saskatchewan or Regina representative; . provide a mechanism for receipt of expressions of interest from individuals or groups for consideration of a person for nomination; . include nominee gender and age as essential considerations in its nomination recommendations; . address and meet the related requirements for membership in the Association of Universities and Colleges of Canada (AUCC). 2.4 That the present First Nations University of Canada Student Associations be provided with the necessary resources to coordinate the election of one student to the Board of Governors who shall be registered full-time at any one of the three Saskatchewan Campuses or in an off-campus program delivered in Saskatchewan. 2.5 That the Academic Council of the University establish the necessary processes to elect one member of Academic Council to the Board of Governors. 2.6 That the First Nations University of Canada Alumni Association elect two Alumni to the Board of Governors. 2.7 That the terms of office for Members of the Board of Governors be three years with the exception of student Board Members who shall serve for one-year terms and that the terms of all Board Members be renewable for a single additional term. 2.8 That the officers of the Board of Governors, including the Chairperson and Vice- Chairperson, be selected by the Board annually from among its Members.

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2.9 That a newly established Board of Governors, as a first order of business, review and reconsider the present Board Governance policies and provide for the orientation of new Board Members and ongoing development and appraisal of its work. 2.10 That the bylaws of The First Nations University of Canada Inc., the Non-Profit Corporation of the University, be amended as necessary to comply with the recommendations. 2.11 That the First Nations University of Canada establish the Office of the University Secretary to provide administrative and operational support for the Board of Governors, kēhtē-ayak, and Community Assembly.

On May 30, 2006, the FSIN Chiefs-in-Assembly approved the following First Nations University of Canada interim Board of Governors structure: Board members (19) 12 Tribal Councils representatives (2 from Prince Albert Grand Council and 2 from File Hills Qu’Appelle) 2 Independent Board Representatives, 3 Student Representatives (one representative from each campus), 1 Faculty representative, 1 FSIN Executive Member (Chair-in the event of a tie vote) Advisors (5) 2 Senators (non-voting) 2 Elders (male and female, non-voting) Non-voters (5) 1 FSIN Chief (ex-officio), 1INAC representative, 1 Government of Saskatchewan representative, 1 University of Regina representative, 1 University of Saskatchewan representative In June 2006, the Association of Universities of Colleges in Canada (AUCC) established a Review Committee to study the FNUniv situation and make recommendations to the Board of Directors. The AUCC had been closely monitoring developments at the FNU institution for some considerable time in anticipation that its concerns would be addressed, particularly in light of the recommendations of the All Chiefs' Task Force. The absence of a response to the Task Force report ultimately led the Association's Board of Directors to establish a Review Committee. The key issues that prompted the Board to act were: 1. AUCC continued to receive representations from members of the FNUniv community alleging that the institution was not in compliance with important criteria for membership in the Association. 2. Key recommendations of the All Chiefs' Task Force on the Future of First Nations University of Canada had not been addressed by the Federation of Saskatchewan Indian

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Nations and First Nations University of Canada. Those recommendations had been tabled in November 2005 and welcomed by AUCC and others. 3. There continued to be questions concerning the independence of the Board of Governors of First Nations University of Canada, the autonomy of the institution and academic freedom, matters fundamental to a university and to membership in AUCC. The Review Committee was established in accordance with the Association's policy entitled Review of Institutional Membership (Process to be followed when an institution may no longer be in compliance with the criteria for Institutional Membership). In April 2007, the AUCC Review Committee presented the Review Committee to First Nations University of Canada - Final Report to the Board of Directors. The Final Report to the AUCC Board of Directors focused on the following issues: • Governance, Management and Institutional Autonomy • Academic Freedom • Academic Quality • Funding The most significant concern for AUCC arose from the events of February 2005 and their aftermath related to the institutional autonomy, good governance, and management of First Nations University of Canada. Concern flows particularly from the confounding of the role of the Vice-Chief of the Federation of Saskatchewan Indian Nations responsible for Education and Training and that of the Chair of the Board of Governors of FNUniv. They indicated that it would not be acceptable anywhere in Canada for a senior minister or deputy minister of the government under whose authority a university is established and operates to hold a position on the university board of governors, much less to act as board chair. Accepting such an arrangement would seriously jeopardize the independence that is essential to maintaining the autonomy and academic freedom of Canadian universities. The Review Committee concluded that the Federation of Saskatchewan Indian Nations functions in many key respects, including its relationship with the FNUniv as a government entity, and is viewed as such by the First Nations community in Saskatchewan, despite the fact that it does not fund the university. At the same time, however, the organization also plays the role of a strong, well-organized and effective advocacy group. It is widely accepted that it is the stature of the Chiefs and the respect in which they are held, not only by their own people but by the provincial and federal governments as well, that has allowed Saskatchewan First Nations to achieve as much as they have in the education of their people and the establishment of an institution of higher education. The Review Committee supported the governance model proposed by the All Chiefs' Task Force. Like the Task Force, the Review Committee concluded that it is beneficial to include some Tribal Council Chiefs on the Board but believed that they should constitute a minority of the members. The committee was adamant that the Board of Governors should not be chaired by the FSIN Vice-Chief responsible for Education and Training, nor should anyone elected to the FSIN Executive serve on the Board. The Review Committee also agrees with the Task Force that the Board should appoint its chair and vice-chair from among its members.

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On February 28, 2007, the Chiefs of the Legislative Assembly unanimously passed a resolution approving the continuation of the Interim Board of Governors until the Spring 2008 Legislative Assembly. The FSIN Chiefs in Assembly were reviewing all Boards and Commissions and any suggested changes by the FSIN Chiefs in Assembly were to be vetted through the Board of Governors, the Saskatchewan Indian Education Training Commission, and the Indian Government Commission for presentation and approval at that assembly. After that process the Board of Governors will inform AUCC of any changes to the current board structure. On October 25, 2007, Vice-Chief Lyle Whitefish resigned as Chair of the Board of Governors of the First Nations University of Canada and the Chiefs-in-Assembly acknowledged Chief Clarence Bellegarde as the new Chair of the Board of Governors. On December 6, 2007, the First Nations University of Canada Board of Governors approved and recommended changes to the Board of Governors of First Nations University and its function. On February 13, 2008, the Chiefs-in-Assembly approved the new First Nations University of Canada Board of Governors structure as follows: Voting members - 12 Tribal/Agency/Grand Council representatives (two from Prince Albert Grand Council and two from File Hills Qu’Appelle), two (2) Independent Band representatives, three (3) Student Association representatives (one from each campus), and one (1) Faculty representative for a total of 18 voting Board members. Advisors - Two (2) FSIN Senators (non-voting), two (2) Elders (male and female, non- voting), one (1) Women’s Commission representative (non-voting) for a total of five (5) advisors. Non-Voters - One (1) FSIN (ex officio), one (1) INAC representative; one (1) Government of Saskatchewan representative, and one (1) University of Regina representative for a total of four (4). The Chiefs-in-Assembly would direct the First Nations University of Canada to undertake amendments to the First Nations University of Canada Act to reflect the new Board composition and function. On December 1, 2008, the Canadian Association of University Teachers (CAUT) censured FNUniv in response to charges that the FNUniv Board of Governor’s Chairman had interfered with the academic freedom of one of the FNU professors. An Arbitration Board ruled in favor of the professor. CAUT had provided a $100,000 defense fund to assist the professor in fighting his case against FNUniv . On December 17, 2008, the Saskatchewan Court of Appeals set aside the Arbitration Board decision in the case of the academic freedom case against FNUniv. On January 2, 2009, Calvin Hanselmann presented his report, Toward Long Term Sustainability and Accountability: First Nations University of Canada Strategic Plan 2009 – 2014. As a condition for funding from the Province of Saskatchewan, the Board of Governors of FNUniv agreed to the development of a strategic and operational plan by an external review team. The goals of the plan were to establish strategies and action plans to achieve FNUniv long-term sustainability and accountability. The external review team

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consisted of both non-First Nation and First Nation individuals. Key Strategy 1.2 Restructure the Board of Governors recommended the following: In the spirit of the All Chiefs Task Force, FNU needs to restructure the current board of governors into a 12 person board composed of the following members: eight members chosen by the Chiefs- in-Assembly through an identification and nomination process based on a Board composition matrix, with no more than four members being Chiefs; one faculty member; one student; one Senate member; and the president ex-officio. The Board of Governors will select a chair from among its members, with the exception of the president. On February 11, 2009, the Chiefs-in-Assembly, by way of a resolution directed Vice Chief Lyle Whitefish, Education Portfolio Holder, to search for a governance expert to conduct a study that will determine a FNU Board structure that is aligned with First Nations self- determination and acceptable to major external stakeholders. Vice Chief Lyle Whitefish was to work with an appointed an ad hoc Governance Sub-Committee of the First Nations University of Canada Board of Governors and management to develop the Terms of Reference for this study. On February 13, 2008, the All Chiefs-in-Assembly passed Resolution #1558 to amend the First Nations University of Canada Act to reflect the changes to the Board of Governors composition and function. Under the new Board of Governors structure voting members included the following: . Twelve representatives appointed by the Tribal/Agency/Grand Councils (voting members) . Prince Albert Grand Council- two representatives; . File Hills Qu’Appelle Tribal Council-two representatives; . Agency Chiefs Tribal Council-one representative; . Battleford Agency Tribal Council-one representative; . Meadow Lake Tribal council-one representative; . Saskatoon Tribal Council-one representative; . Southeast Treaty 4 Tribal Council-one representation; . Touchwood Agency Tribal Council-one representative . Yorkton Tribal Council-one representative; . Two members appointed by the independent bands (voting members); . Three members from the First Nations University of Canada Students’ Association (one representative from each campus) who shall be appointed by their respective Association (voting member) On April 2, 2008, the Association of Universities and Colleges of Canada (AUCC) reinstated the First Nations University of Canada membership. A statement issued by AUCC summed up the reasons for dropping the probationary status:

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“AUCC is satisfied that First Nations University of Canada and the Federation of Indian Nations have made sufficient advances in resolving governance issues at the university since the institution was placed on probationary status by the AUCC Board in April 2007. The AUCC Board believes it is possible for First Nations University of Canada to protect its uniqueness while, at the same time, sharing the attributes and values fundamental to Canadian universities.” In October, 2009, at the Fall Assembly of the Federation of Saskatchewan Indian Nations (FSIN), a new Chief of the FSIN was elected. As part of his campaign, Chief Lonechild had promised to make changes to FNUniv. Upon his election, he assumed responsibility for FNUniv. This was a change from the previous structure where FNUniv had been the responsibility of the Vice-Chief with the portfolio for Education. In November the financial consultant working with FNUniv made allegations of Financial Mismanagement. Soon after, Senior Management met with the Audit Committee and the Board and provided documentation presenting their position with regard to the allegations. The Board contracted Myers, Norris, and Penny to undertake a financial review. The allegations appeared in the press and because of their being part of a Court case could not be publicly refuted by the Senior Management. As a result of the public concern for the financial management and the actions of the Board of Governors, the provincial government threatened to withdraw funding if action was not taken to change the governance structure. Meetings were held between Chief Lonechild and the Minister of Advanced Education, Rob Norris and Minister of Indian Affairs, Chuck Strahl. In January 2010, government officials indicated to the press that there were outstanding issues of governance which if not attended to in a manner that met their approval could result in the withdrawal of funding from the FNUniv. Student politicians met with politicians from the federal, provincial and First Nations governments expressing their concerns about the future of the institution and their own schooling. Just before the FSIN Winter Legislative Assembly was to meet on February 3, 2010, Minister Norris announced that the province would be withdrawing $5.2 million in annual funding. He stated that this was a regrettable but necessary decision because his government had lost confidence in the governance and management of First Nations University. A few days later he made another statement saying that because the students were already enrolled in their summer courses, his government would fund the university until August, 2010. On the first day of the Assembly, a Resolution was passed that the Board and Senior Administration would stay in place until this report and the financial review were received. In a Memo to all students, staff, faculty and all stakeholders, dated February 4, 2010 President Pratt wrote;

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“Discussions are underway to find “alternative” funding resources to ensure our students can continue their studies and education at FNUniv. The chiefs of Saskatchewan passed a resolution at the Assembly supporting the process we have undertaken with respect to the Myers, Norris & Penny audit review on the Westerlund allegations and the Dr. Manley Begay Governance Review. Both reports will be completed by the end of the month. The Chiefs have also set March 1, 2010 for a special FSIN Chiefs’ Assembly to discuss and decide what recommendations from both reports will be implemented.” President Pratt attached a memo from University of Regina President and Vice-Chancellor, Dr. Vianne Timmons. President Timmons expressed the firm commitment of the leadership team at the University of Regina to the founding mission of First Nations University – “To enhance the quality of life, and to preserve. Protect and interpret the history, language, culture and artistic heritage of First Nations people.” She continued, “The Saskatchewan Indian Federated College was originally established in 1976 – and on National Aboriginal Day, June 21, 2003, became known as the First Nations University of Canada- for a very good reason. This institution was created as an acknowledgement that together as a society, we must ensure that through post-secondary education Canada’s First Nations peoples can define and realize their role in society.” “Achieving that aim comes fundamentally from providing opportunities for First Nations people to assume greater direct control over their lives in building societies that reflect their values, their hopes and their aspirations for future generations. The creation of First Nations University of Canada was a bold acknowledgement that education has a foundational role in creating this new society.” “The principle of respectful engagement underscores the independence of First Nations University in its federated relationship with the University of Regina.” “Let me be clear – while First Nations University is academically integrated with the University of Regina, it is legally and financially independent. For that reason, the University of Regina respects the independence of First Nations University.” “That being said, we are committed to supporting First Nations University as it works to ensure ongoing effective and accountable administration and governance of its operations...”

Dr. Timmons pledged that the University of Regina would continue to work with the provincial and federal governments and the Federation of Saskatchewan Indian Nations “to build a positive future for First Nations students by supporting their academic studies.”

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She continued, “My understanding is that the Federation of Saskatchewan Indian Nations will deliberate on the Begay report once it is released on February 18. Dr. Begay has said that he believes this report will allow some sense of relief for concerned stakeholders – and I am optimistic that the report will provide a way for all partners to unite and rebuild the partnership that will uphold the principles upon which First Nations University of Canada was founded.” Despite the support of FSIN, the University of Regina and the FNUniv senior management, Minister Strahl announced that the federal government would not be providing the over $7 million dollars budgeted for FNUniv in the next fiscal year. That day, another resolution was brought forward for the immediate dissolution of the Board and the placing of Senior Management on suspension. To implement the resolution, Chief Lonechild called a meeting of the SIETC. The SIETC dissolved the Board of Governors. It was decided to follow the advice of the All Chiefs Task Force and an interim board of eleven was formed. The interim board met and suspended some of the members of Senior Management and their executive assistants. Rallies have been held at each of the campuses focusing on achieving the reinstatement of funding from the federal and provincial governments. Rumours of different types of funding arrangements abound but, to this date, no formal commitment of financial support has been made by any government.

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Figure 3: Board of Governors Size Summary

4.3.4 Challenges 2 As the foregoing discussion indicates, FNUniv has faced challenges that are unique to the world of higher education and which have placed incredible pressure on the Board of Governors, the senior management, faculty, staff and students. In essence, the challenges have resulted from the conflict of different visions of governance as represented by the First Nations of Saskatchewan Nations and the “traditional” models of university governance as they are understood by the AUCC, CAUT, governments, some faculty members, and students. For the First Nations people of Saskatchewan, FNUniv was the natural extension of a First Nations-controlled education system that was created through the vision of far-sighted Elders and the political actions of an earlier generation of FSIN leaders. FSIN leaders believed they had an obligation to ensure that the university remained in the hands of those who understood the community’s expectations for the institution. However, there were no other models for First Nation-controlled university education in Canada. The legislative mechanisms did not exist to facilitate the funding and management of a First Nations controlled institution based on the federal responsibility for Indian education within the provincial domain of post-secondary education. In the absence of enabling legislation, federal and provincial governments devised policy and administrative

2 Figure 2 was compiled by our team from a compilation of FSIN Acts related to Board size from 1982-2008.

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strategies to meet the immediate needs of FNUniv. No stable, long-term, funding mechanism exists that guarantees the future stability of FNUniv. All aspects of the operation of the FNUniv have come under question as a result of the governance issue. When the questions arose over the legitimacy of the university’s governance, the financial stability was threatened. Funds were tied to responses to concerns raised by governments and outside agencies. Funding was not tied to the actual costs and needs of the institution as is the case with other universities in the province which have funds based on a pre-established formula. The dual reality of FNUniv being on the one hand a First Nations controlled institution and on the other hand as a university college federated with the University of Regina presents another set of challenges. Classes must meet the requirements of the University of Regina for credit. Students must meet the requirements of the University of Regina to obtain their degree. While maintaining the mission of FNUniv, the administration must fit within the programs of the degree-granting institution. Negotiations must be undertaken and agreements made. Professors must meet the unique needs of the First Nations students and communities while at the same time meeting the academic demands of the University of Regina. The academic staff members are part of the University of Regina Faculty Association that brings the standards of mainstream post-secondary education into the relationships within the First Nations institution. Tensions arise when the first Nations community expectations are at variance with the relationships built into the post-secondary experience. The censure of FNU by the Canadian Association of University Teachers is a manifestation of this challenge. Governance has become the touchstone for the battle of values, perspectives, and world views. One side is represented by those who would have FNUniv replicate the existing institutions; on the opposite side are those who have a vision of creating a new kind of post- secondary institution which will reflect not mainstream education but hopefully, traditional First Nations education, not only in content but in the way that it operates and passes on the knowledge of the ancestors.

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First Nations University of Canada: Vision

As First Nations, we treasure our collective values of wisdom, respect, humility, sharing, harmony, beauty, strength, and spirituality. They have preserved and passed down our traditions through countless generations.

The Elders teach us to respect the beliefs and values of all nations. Under the Treaties, our leaders bade us to work in cooperation and equal partnership with other Nations.

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4.4 CURRENT ENVIRONMENT

Figure 4:Who?

The First Nations University of Canada is an educational institution created under legislation of the Federation of Saskatchewan Indian Nations, The First Nations University of Canada Act. The mission of the First Nations University of Canada is to enhance the quality of life and to preserve, protect, and interpret the history, language, culture, and artistic heritage of First Nations. Further, the First Nations University of Canada will acquire and expand its base of knowledge and understanding in the best interests of First Nations and for the benefit of society by providing opportunities of quality bi-lingual and bi-cultural education under the mandate and control of the First Nations of Saskatchewan. The First Nations University of Canada is a First Nations’ controlled university-college which provides educational opportunities to both First Nations and non-First Nations university students selected from a provincial, national, and international base.

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Since 1976, the First Nations University of Canada (Formerly the Saskatchewan Indian Federated College) has been a federated college of the University of Regina. By the Federation Agreement the First Nations University of Canada is “financially and administratively independent” of the University of Regina while academically integrated into the University. Students are considered FNU students and also University of Regina students. The University of Regina, one of the two provincially chartered degree-granting institutions in Saskatchewan, issues degrees granted to the FNU students. The independence of the federated college includes administration. The Board of Governors currently consists of 19 members representing the Federation of Saskatchewan Indian Nations (FSIN), Tribal Councils and Independent Bands as well as academic faculty and student representatives from the three main campuses. Also on the Board are representative of the University of Regina, Indian and Northern Affairs Canada and the provincial department of Advanced Education, Employment and Labour. Chief Clarence Bellegarde from Little Black Bear First Nation chairs the Board of Governors. As of the October 2009 FSIN election, responsibility for First Nations University of Canada is in the hands of the Chief of FSIN, Guy Lonechild. First Nations University of Canada has full membership in the Association of Universities and Colleges of Canada (AUCC). President Charles Pratt participates in semi-annual meetings with other university presidents from across Canada. He has been approached for his counsel by other colleges, primarily faith-based, which are being asked to bring their governance into line with what has been held up as the standard the FNUniv model.

4.4.1 Working Relationships with the University of Regina The current working relationship with the University of Regina is excellent and is a work in progress. The FNUniv Vice President for Academics has regular meetings with his counterpart(s) at the University of Regina, and the respective presidents meet regularly. In addition, the presidents of all the federated colleges meet quarterly with the president of the University of Regina. It is acknowledged that FNUniv can take the lead in Aboriginal university education in Canada, with all members of the University of Regina community will benefit from FNUniv’s success.

4.4.2 Working Relationships within FNUniv The faculty at FNUniv belongs to the University of Regina Faculty Association (URFA). In 2005, the issue of wage parity for professional staff was resolved. President Pratt and Vice President Ducharme made fulfilling the financial commitment to the professors a priority and ensured that the funds were found to increase salaries commensurate with contractual agreements. All grievances brought forward by URFA against the current management of FNUniv have been resolved; five cases were dismissed. Members of URFA are members of the Canadian Association of University Teachers (CAUT). In one dispute between FNUniv management and a faculty member, CAUT provided $100,000 on behalf of the member to go up against the FNUniv. The case went as far as the Supreme Court of Canada, where the judgment was made in favor of FNUniv. CAUT is still censuring FNU despite the failure of the cases against the University. This has caused a great deal of tension between the FNUniv senior management and some of the MAB II & Associates, LLC Page 47 2/17/10

faculty. A number of other faculty members want the censure lifted. A similar situation exists among the University of Regina faculty. The majority of faculty members believe it is time to put the past behind them. So far, CAUT has not chosen to do that. This has an impact on the working relationships within the institution. It is said that university politics are the most vicious, and it appears that many faculty members are using assumptions about the issue of academic freedom and political interference by FSIN to continue to fight the FNUniv management when the issues have been resolved. Debates and discussions are inherent to the university environment, and it is important that the management and Board of Governors address the false assumptions of the faculty as soon as possible. The Action Plan has laid out a series of workshops in the coming year that will be offered on a voluntary basis to the faculty and staff. One workshop will focus on creating a respectful working environment and another on lateral violence.

4.4.3 The Saskatchewan Context Saskatchewan is rich in natural and human resources with a large youthful Aboriginal population. Regina demographer, Doug Elliott refers to Saskatchewan’s rising Aboriginal youth population as “the Saskatchewan strategic advantage (Elliott, 2004, p. iv).” The immediate challenge for First Nations governments, the provincial government, and all educational institutions in the province is to harness the energy of First Nations and Métis youth and to train them to enter the jobs of the new economy and the positions left by the retiring “baby boomers.” The economic future of the province depends on these young workers maintaining the province’s economic surge and supporting the non-working dependent population. A glance at the 2006 Census provincial data clearly shows the trends. While 14.9% of the provincial population reported Aboriginal identity, 29% of Saskatchewan’s pre-school-aged population was Aboriginal; 25% of the school-aged population in Saskatchewan was Aboriginal, and 21.5% of 15-19 year olds in the province identified as Aboriginal (Saskatchewan, 2008). One half of all Aboriginal people were under 22 years of age. The median age of Saskatchewan’s Aboriginal people was 21.7 while the median age for non- Aboriginal individuals was 41 years of age. The Aboriginal population of Saskatchewan is projected to rise to 20.8% of the total provincial population by 2017 and 50% by 2045 (Dyck, 2006). Increasingly, Canadian economists and policy makers are reporting that money invested in raising the educational levels of Aboriginal people will pay dividends to all citizens for years to come (Sharpe, Arsenault, and Cowan, 2009, iv). The educational level of Saskatchewan’s Aboriginal population lags behind the non-Aboriginal population. In 2006, 43.1% of Saskatchewan’s Aboriginal population had less than Grade 12 education, contrasted with 15.4% of non-Aboriginal residents of the province. Andrew Sharpe (2007) contended that approximately one half of the gap in employment income between Aboriginal and Aboriginal low educational levels could explain non-Aboriginal Canadians and the gap in employment between Aboriginal and non-Aboriginal Canadians. Saskatchewan’s Aboriginal population has dreams and aspirations. The Saskatchewan Department of Learning found in 2000 that 63% of Grade 11 and 12 Aboriginal students MAB II & Associates, LLC Page 48 2/17/10

planned to attend a post-secondary institution at some time in the future, and of these 56% planned to attend university (Conway, 2004). The challenge for Saskatchewan’s educators is to prepare for the large numbers of Aboriginal youth who dream of a university education. The alternative of massive numbers of undereducated, unemployed, disillusioned, and hopeless Aboriginal youth is unthinkable.

4.4.4 Funding FNUniv remains an anomaly with regard to core funding. FNUniv is a First Nations controlled educational institution offering post-secondary education. While education is a treaty right and under the Constitution Act, 1867, Section 91 (24), “Indian and lands reserved for Indians,” there is no enabling federal legislation that supports the delivery of post- secondary education through an Indian-controlled institution. Post-secondary education institutions are chartered by provincial governments or operate under provincial legislation passed specifically to regulate the institution. Such is the case of the Saskatchewan Indian Institute of Technologies (SIIT). Universities chartered by the provincial government are funded through an agreed upon funding formula. No such formula exists for FNUniv. Since its inception, the provincial government has maintained that “education for Indians” is a federal responsibility but would not provide funding beyond special arrangements for research and development, or for non- Aboriginal students in attendance, or for Special projects. The provincial government has provided supplemental but not core funding. This has meant that the students attending FNU have not been funded on the same basis as students in other Saskatchewan universities. This situation continues. Based on the treaties and the federal responsibility, core funding has been sought from the federal government. No firm commitment has been made to fund FNU at a level commensurate with other universities. Enabling legislation to provide a legislative mandate for federal funds to flow directly to FNUniv is missing. The result has been that for years the federal government designated a specific allocation from the Indian Student Support Program (ISSP) to FNUniv. This was an administratively expedient response to the problem, but it created other problems by being seen by other institutions and programs as taking money to which they were entitled. Further, a cap was put on the amount available. The administrative resolution of the funding issue has not provided funding which equals or surpasses the provincial funding formula for universities in Saskatchewan, nor has it provided monies for upkeep and maintenance. This has resulted in chronic underfunding of the institution. The most recent federal funding has been tied to performance measures. According to the formal agreements, payments are made upon receipt of specific documents. To date, with the completion of the President’s Performance Assessment and the Operations Review, INAC has released $600,000. The Action Plan was approved by the Board of Governors on December 21, 2009, and forwarded to INAC. This should result in the release of more funding. No feedback on the reports has been received to date. However, INAC is being flexible and understanding. The Department has allowed money to flow according to the completion of benchmarks; the final benchmark is the Governance Report. All remaining funds that have been withheld will be released with the delivery of the Draft Governance Report. MAB II & Associates, LLC Page 49 2/17/10

No formal agreement exists with the provincial government. Reports have been submitted to the province but to date no response has been received. A promised response on Dec.18, 2009, was not forthcoming. At the Board of Governors meeting, December 21, 2009, the Government of Saskatchewan Board representative said that the province would be letting the FNU management know their intentions. To date, they have not received any direction or funding.

4.4.5 Financial Management Currently, Meyers, Norris and Penny, Ltd., visit FNUniv two to three times a week and implement the Financial Plan that indicates when money is expected to arrive and how it will be spent. A process is in place whereby incoming funds go directly into payroll. On December 9, 2009, Wes Stevenson, the former vice-president of the First Nations University of Canada was held over for trial. A judge ruled that there is sufficient evidence to try Stevenson who was charged in 2008 with fraud over $5,000. This charge stemmed from the allegations that had precipitated the action taken by FSIN Vice-Chief Morley Watson on February 17, 2005. Since 2005, there have been and remain issues of trust and respect between the finance department and senior management. Over the years, financial documents and information have been leaked to the press regarding the financial circumstances of the university. These documents are considered to be held in trust by members of the university department. However, sensitive material has been shared with individuals who had no business acquiring such material. Faith and trust suffered and as a result, the institution suffered. These issues remain to be resolved.

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4.5 KEY FACTORS IN THE SUCCESS OF GOVERNANCE AT FIRST NATIONS UNIVERSITY OF CANADA

4.5.1 Jurisdiction When the Saskatchewan Indian Federated College (SIFC) was created in 1976 (the predecessor of FNUniv), it came into existence as a federated college of the University of Regina, one of the two provincially charted universities in Saskatchewan. Under the Federation Agreement, the Saskatchewan Indian Federated College recognized the terms and conditions of the federation as outlined by the University of Regina, By-laws of the Senate and Convocation Procedures, revised July, 1976. Through the Federation Agreement, the Saskatchewan Indian Federated College was “legally and financially independent, but academically integrated with the University.” Jurisdiction over the academic requirements for graduation through SIFC was retained by the University of Regina. Students were required to satisfy the admission requirements of the University as well as the curriculum requirements for the Degree in Indian Studies. The academic standards of the college were to be governed by the Senate of the University By- laws. Further, the University of Regina retained authority for staffing. The Agreement read, “Academic appointments to and promotions within the College shall be made by the President of the College, but, prior to making such appointments shall secure the approval of the President of the University.” Authority to approve or not approve courses, content, and instruction remained with the University of Regina. According to the Federation Agreement:, “Provided that instruction is given by competent teachers and the work done in each class is equivalent in extent and standards to that given in the University; this equivalence is to be determined by the Dean of the College or the Head of the Department or Division in the University of Regina working out in co-operation the extent of the classes, the standard and all the particulars pertaining to the subjects including examinations to their mutual satisfaction.” The ultimate authority rested with the president of the University. One responsibility accepted by the Federation of Saskatchewan Indians in the Federation Agreement was the responsibility to find funding for the institution. According to the Federation Agreement, the Federation of Saskatchewan Indians were responsible for financing the College’s operations, employing their own administrative, academic and support staff, and constructing and maintaining College buildings, which were required by the agreement to be on or adjacent to the University. These divisions of jurisdiction remain in place to this day. The Federation Agreement has never been amended. Complicating the discussion of the jurisdiction that frames the governance of First Nations University of Canada is the fact that the question of who has jurisdiction for post-secondary First Nations education has not been resolved. For the First Nations people of Saskatchewan, the education of their children is an inherent and treaty right. The leaders and headmen of the First Nations who negotiated with the Crown to share the land of their traditional MAB II & Associates, LLC Page 51 2/17/10

territories within Saskatchewan made it clear that one of their concerns was the provision of an education for their children that would equip them with the ability to acquire the tools and the “cunning of the White man.” The Crown in the right of Canada (federal government) agreed to these terms. At the time of the treaty signings within Saskatchewan, no post- secondary institutions existed closer than Winnipeg, Manitoba. A scattered network of religious based schools constituted the education available to First Nations people. Therefore the provisions in the signed treaties were for schools or teachers on reserves. Post-secondary education was not a consideration of the government at that time; providing a rudimentary education for as many children as possible was the priority. Throughout the years, federal government policy has been developed to address the demand for further levels of education for First Nations students as the need arose. However, no enabling legislation has been enacted to put into Canadian law this recognition of federal fiduciary responsibility for post-secondary education. The Indian Act has a few scant sections on the implementation of the treaty obligations. For First Nations people, the fiduciary responsibility for education rests with the federal government. Under the Constitution Act, 1867, Section 91(24), the federal government is responsible for “Indians and lands reserved for Indians.” Under the same act, in Section 92, education is a provincial responsibility. The jurisdictional conflicts that have arisen as a result have been resolved through agreements negotiated between the federal government and various provincial governments or by federal policy directives. Beginning in the 1950’s, Joint School Agreements resulted in Indian children being educated in provincial schools through agreements between the federal government and specific provincial schools boards. As these agreements evolved, “place of residence” began to be used to determine whether the federal government assumed responsibility for the cost of funding the education of an Indian child or not. Only if the Indian child’s education was deemed to be “on reserve,” was the federal government prepared to cover the expense. Not all First Nations children received the treaty right. When the demand for Indian Control of Indian Education brought First Nations governments into the administration and delivery of First Nations education, a similar approach was taken by the federal government. Policies were developed to deal with new situations. When the Saskatchewan Indian Federated College (SIFC) was initiated, funding for the program became a jurisdictional issue. The provincial government was prepared to provide development and research support but would not provide core funding because the government of the day, along with the First Nations leadership of the day, believed that the federal government had jurisdiction and therefore had the responsibility to fund SIFC.

4.5.2 Separating Business from Politics The question of separating politics from the business of the Board of Governors has been a contentious issue coming to a head with the crisis of 2005. Until that time, the portfolio holder for Education from the FSIN had been the chair of the FNUniv Board of Governors. The Board has been comprised of regional representation of the First Nations governments of Saskatchewan, some being Chiefs or former Chiefs and some being technical advisors or Elders. Acceptance of the Board of Governors has always meant that decisions are made in “the best interests” of the institution. Recent attempts to change the FNUniv Board of MAB II & Associates, LLC Page 52 2/17/10

Governors have resulted in a debate of what constitutes conflict of interest. While the attention has been focused on the presence of Chiefs on the Board, the presence of representatives of the University of Regina, and the funders, including the federal Department of Indian and Northern Affairs Canada and the provincial Ministry of Advanced Education, Employment and Labour on the Board also beg the question of conflict of interest. The tradition of the portfolio holder being the chairman of the Board of Governors was discontinued when Vice-Chief Lyle Whitefish, an educator himself, officially resigned on October 25, 2007. His replacement is a Chief but one who is not a member of the FSIN Executive. The current Chief of the FSIN has assumed the oversight for FNUniv. on behalf of the FSIN. This appears to be a re-politicization of the involvement of the FSIN in FNUniv. Time will tell whether Chief Lonechild retains an arms-length relationship, or whether he pursues a course that brings his political agenda into play at the university. Other contradictions abound in the concern for the separation of politics and business. The Saskatchewan Indian Institute of Technologies, another educational institution mandated under the FSIN Legislative Assembly also has a legislated mandate from the provincial government. Under the provincial SIIT Act, the Board is legislated to consist of Chiefs.

4.5.3 Economic Self-Reliance FNUniv is not economically self-reliant but is dependent on funding from the federal and provincial governments. In the beginning this was seen as a way of receiving the right to education laid out in the treaties and through the federal fiduciary responsibility to First Nations people. In the beginning the provincial government, itself desirous of federal dollars to support the education of First Nations students in Saskatchewan, worked with the First Nations leadership to provide funds for development and research to promote SIFC until a permanent agreement with the federal government for the institution’s long term funding. Such permanent, secure funding has not been available from the federal government. Funding was established through program dollars through the Indian Student Support Program. This was a temporary measure with a number of drawbacks. The money available through this fund was to support Indian post-secondary students and institutions making program adjustments to support those students. It was never set up to address the needs of a stand-alone First Nations controlled post-secondary institution. It lacked the ability to provide for the upkeep of facilities, capital costs, maintenance, etc., and was an awkward instrument to apply to the operation of an institution. At the same time, this bureaucratic response to the funding of FNUniv created problems within the First Nations community. It restricted the amount of money available to other institutions serving the First Nations community and had the potential to threaten the funds available for students. Furthermore, the federal funding available was not calculated on the same formula used for other post- secondary education institutions in Saskatchewan. It might be said that the formula used was an expedient response to FNUniv’s needs, minimally fulfilling the treaty obligation while not taking into account the reality of the situation. Provincial government funds were calculated on a number of factors unrelated to the needs of the institution as well. At first, the provincial funding was designated for “research and

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development,” and at other times it was designated for non-First Nations students. At other times, it has been called, “Top-up funds.” Without a clear legislated mandate, governments are responding to funding requests on an ad hoc basis tying the funds to a variety of performance measures.

FNUniv undertook fund raising activities for the building of the new building in Regina. This brought the institution to the attention of the corporate world and provided an opportunity to engage the larger community in the vision, mission, and goals of First Nations in Saskatchewan. Unfortunately, with the ongoing trial of the former vice-president of Administration and Finance and a staff member in the Finance Department, these activities have delayed. The financial reputation of First Nations University was tainted.

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4.6 TRADITIONAL HISTORICAL GOVERNANCE This section outlines key aspects of Cree, Dene, Saulteaux/Ojibwa/Odawa, and Dakota/Lakota/Nakota historical governance and leadership and how culture ties into these realms. The information has been culled from anthropological, geographical, educational, and anti-colonial scholarship, including elders, leaders, and community members whenever possible. The references from within the nations were given priority. The initial draft was presented to elders and experts on historical governance in Cree, Dene, Saulteaux/Ojibwa/Odawa, and Dakota/Lakota/Nakota nations in Saskatchewan. Two of those experts further reviewed the research and contributed valuably to fuller understandings of Cree and Saulteaux governance, values, and law. They also discussed alternatives on how to carry the historical leadership into today’s higher education at First Nations University. Barry Ahenakew’s contribution to the Cree formulations and Cecil King’s work on Odawa understandings have been critical. Cecil King shared some poignant words, which are an appropriate place to begin (more from both elders are included on the portions specific to Cree and Saulteaux historical governance). Dr. King is speaking about how First Nations University (FNUniv) can be a unique place of true indigenous education: “I have seen the new students coming with the things that they have learned in the First Nations schools. I see young people coming with an openness, an awareness, a thirst to know about their heritage. I believe that the primary and secondary schools in our communities are doing a good job in preparing our youth to want to learn more about being a person of worth within their own nation. They come to us expecting us to teach them more about who they are. The education here is transformative for many young people. Our job as a University is to graduate not just scientists and educators but ‘Saulteaux’ scientists and ‘Cree’ educators. “Our task is to determine what must be taught in the 21st century to ensure that the students know what it means to be ‘Saulteaux’ and ‘Cree.’ In my view, part of what makes us ‘good Saulteaux’ or ‘good Crees’ is our relationships with Kihze Manito, Mother Earth, the Animal World, and each other. To teach people to act in a good way and to build good relationships, we must model that way. We must teach from our value base. We must govern from our cultural base. If we don’t, we will be no different from other institutions. Our students will graduate as good scientists and still not know what it means to be a ‘good Saulteaux,’ ‘good Dene’, ‘good Dakot/Lakota/Dakota’ or ‘good Cree.’”3

4.6.1 Origins of Governance The words for and meanings of “governance” are integral to looking at the history of leadership and community relationships. Within the First Nations cultures of Saskatchewan, the diverse languages render nuanced reflections on the process of and participation of individuals and community in governance. These words originated within each culture’s law

3 King, Cecil. 2009. Letter on Historical Governance. Saskatchewan,

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and sacred teachings as templates for relationships within communities, between clans and across nations.

The Cree words for governance are ogemahkiwin, “the art or process of governing, making and upholding what the leaders have to do,” and ogemahwewin, which means “upholding rules.”

Part of the Algonquin language family, the Saulteaux/Ojibway/Odawa word for governance has a similar structure to the Cree. The word, gimakihwin, is “governance, the art of making what the leader has to handle,” with gimawain being “the art of ruling in which all the leaders have to handle (the Chief and Council). In both languages, governance is process oriented and implies a body of decision-makers.4

Within the Dene language, the words connoting governance are hotarelyú asié bets`en k`ozeldé and mean “All things that people do, to make it happen.”5

Finally, in the Očhéthi Šakówiŋ (“Seven Council Fires”) of the Sioux - the Dakota/Lakota/Nakota - the language for governance is directly linked to multiple facets of social organization and geography. Leo Omari (2010) has found a complex vocabulary for socio-political relationships.6 These relationships start with a core of the immediate family and grow out to the nation: tiwake, “within the immediate family”; tiuospaye, “extended family”; and oyate, “the nation.” The word awanyaka means “to govern,” with win’yaniancan connoting “governance.” There are two words for actually governing: itancan and toakahan. The “government” is woitaancan, woawanyake and wokicnze; and “to govern” is itanean. Geography provided the names and organization for communities within the Očhéthi Šakówiŋ. For example, in the Dakota oyate, people organized within the 1) Mdewakantonwan (camping amongst a sacred lake), 2) Sisiton wan (camping amongst the swamps), 3) Wahpetonwan (camping amongst the leaves), and 4) Wahpekute (shooters among the leaves). In the Nakota oyate, people are Thanktonwan (camping at the end, end of woodland/prairie) and Thanktowanna (camping to the very end). The Lakota are the Titonwan (camping amongst the prairie).

In English, the etymology of the word “govern” originates from the Old French governer “govern,” with roots in the Latin gubernare “to direct, rule, guide,” originally “to steer,”

4 Cree definition, H. C. Wolfart & Freda Ahenakew, The Student’s Dictionary of Literary Plains Cree, Memoir 15, Algonquian and Iroquoian Linguistics, Winnipeg: Algonquian and Iroquoian Linguistics, 1998 5 Reynolds, Margaret. 2010. Interview on Dene Governance.Interview with Cathy Littlejohn. Saskatoon. 6 Omari, Leo. 2010. Unpublished research for PhD dissertation, Saskatoon: University of Saskatchewan. Shared in interview with Cathy Littlejohn, Saskatoon, January 10, 2010

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from Greek kybernan “to steer or pilot a ship, direct.” “Government” is a “system by which a thing is governed.”7

By comparing the Cree, Anishinaabe, Dene, and Sioux terms with each other and with English, the notion of governance is unwrapped and can be considered as an active and dynamic process. Interwoven within these culturally-specific discussions of “governance” is the tension between sustaining traditional governance forms and dealing with aspects of change, both politically antagonistic/colonial and environmental (i.e., change as an ever- present phenomenon). Both forces of influence contribute to First Nations altering their institutions to better serve their people and build a sustainable legacy. Chief John Misawagon [Cree] explained this tension when building a legal structure that utilized aspects of international law. For his nation, oral transmission is the salient community source of legal authority, but they decided to incorporate aspects of international, written law to create legibility with the Canadian state and international bodies: “Traditional ways provide the framework; but we also need[ed] to catch up with more than a century of modern governance…We see sovereignty... as a matter of reconciliation. We seek to harmonize the way we administer our laws with the administration of other Canadian laws.”8 Sandy Beardy, a former Chief of the Council of Elders, summarized the necessity of documenting Cree laws: “We had our own laws before the Europeans came, but now we’re writing them down so others won’t forget, in case later on they try to take away our land from us again.”9 Menno Boldt (1993) has analyzed the changes of First Nations governance culture in Canada vis-à-vis the Department of Indian Affairs and Northern Development (DIAND). Boldt writes how traditional governance has been altered first by relationships between Native nations and the Hudson Bay Company (HBC) and later the British and Canadian governments, and asks how First Nations can develop governance that is sustainable within Canada and relevant to specific First Nation cultures.10 A general note on traditional governance structures is critical to consider. Boldt (1993), Boldt and J. Anthony Long (1984)11, and Vine Deloria, Jr. (1997), have written on traditional indigenous governance in North America, and propose that the relationship between leadership and community was not one of impregnable hierarchy. This was a “spiritual compact” of sovereignty within the nation, not a social contract of a monarch over a people,

7 “Governance Word Map” 2009. The Visual Thesaurus. www.visualthesaurus.com 8 Sarfaty, G. A. (2007). "International Norm Diffusion in the Pimicikamak Cree Nation: A Model of Legal Mediation." Harvard International Law Journal 48(2): 441-482. p. 472. 9 Ibid. 10 Boldt, M. (1998). Surviving as Indians: The challenge of self-government. Toronto: University of Toronto Press. 11 Boldt, Menno and J. Anthony Long . 1984. “Tribal Traditions and European-Western Political Ideologies: The Dilemma of Canada's Native Indians.” Canadian Journal of Political Science / Revue canadienne de science politique, 17(3): 537-553.

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wrote Boldt and Long.12 This is a fundamental difference in indigenous and European leadership histories, and one reason the colonial and DIAND structures did not work. Deloria wrote this on traditional power structures in North American indigenous nations: “We're going to have a society of responsibility. In order to belong to this tribe you have to do certain things. You have to treat your relatives a certain way, you have to treat society at large a certain way… That’s how traditional governments really functioned. The people who could serve the community best then became the leaders. Originally leaders were leaders because people came to them to ask them for help. The old leadership was a poor guy hassled day and night because everybody knew he was a good person and would do things for them.”13 Peter Kulchyski who worked in Denedeh and learned from many elders there, also presents an important challenge to the conception of leadership as unidirectional and top-down. In his work, he traces the grassroots efforts of community councils in current environmental and economic situations with the Canadian state and between Dene groups. Beyond a challenge to colonial legacies of top-down leadership, his work reveals a level of participation among people that is oft omitted in works dealing with “governance.” As will be seen in all four governance histories, this full participation is a socio-political expectation in historical societies. Finally, Liam Haggarty, writing on traditional Cree culture, provides an important caveat in this survey for all the governance cultures, not just Cree: “As a fluid, ever-changing and evolving set of interconnected relationships and meanings, it [leadership culture] cannot be succinctly described or condensed. ,Even if this were possible, the result would not represent the experiences of all nêhiyawak [Plains Cree] peoples at any given time, much less through time. ,That is to say, cultures are complex and multifaceted across both time and space. What follows, then, is a snapshot…”14 Kulchyski follows with another piece of this caveat by adding an apprehension to “essentialize” culture. In outlining these distinct aspects of Cree, Dene, Ojibwa, and Dakota/Lakota/Nakota culture, some older anthropological data or theories can walk a fine line between culling rare information and racialized generalizations. Hence this introductory note is included on dynamism within culture and the usage of first person narratives when possible.

12 Ibid., 541. 13 Deloria, Jr. Vine. 1997. Presentation at “Tribal Sovereignty and American Indian Leadership” conference. Second Annual American Indian Issues Symposium October 16, 17 and 18, 1997. A Collaboration of the American Indian Research and Policy Institute and the University of St. Thomas. From the Symposium report. http://www.airpi.org/projects/fall97.html 14 Haggarty, Liam. 2008. “nehiyawak (Plains Cree) Leadership on the Plains.” Essay. Our Legacy Website. Material relating to First Nations, Metis, and Inuit peoples, found in Saskatchewan cultural and heritage collection. http://scaa.sk.ca/ourlegacy/ http://scaa.sk.ca/ourlegacy/exhibit_nehiyawak_leadership

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4.6.2 Relevance to First Nations University To begin thinking through how historical governance values can operate at First Nations University (FNUniv), we first reflect on the values expressed by the current vision and mission statement. The FNUniv vision:

The Elders teach us to respect the beliefs and values of all nations. Under the Treaties, our leaders bade us to work in cooperation and equal partnership with other Nations.

The FNUniv mission:

The mission of the First Nations University of Canada is to enhance the quality of life, and to preserve, protect and interpret the history, language, culture and artistic heritage of First Nations.

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The First Nations University of Canada will acquire and expand its base of knowledge and understanding in the best interests of First Nations and for the benefit of society by providing opportunities of quality bi-lingual and bi- cultural education under the mandate and control of the First Nations of Saskatchewan.

The First Nations University of Canada is a First Nations’ controlled university-college which provides educational opportunities to both First Nations and non-First Nations university students selected from a provincial, national and international base.15 As will be discussed in the recommendations, the importance of preserving, protecting, and sharing First Nations’ culture and values is pivotal to the FNUniv and its relationships with the communities of which faculty and students are members. This correlates to the words of many Elders that we interviewed and whose comments we read in preparation of this report. The position of culture and Elders is fundamental to the college, and in that focus, opens up how one interprets the word “control” in this same mission. Nancy 2/7/10 1:02 PM “Control” to a political administrator may have a distinctly disparate connotation as Comment: What is being said? Not compared to how a traditional spiritual leader may interpret the word - and again be clear. redefined and differently understood by a fiscal manager. The semantics of words such as “control” and “power,” and their applications, can be explored and examined through the context of how First Nations historically governed. What worked in areas of fiscal or political challenge? What did not? How did First Nations people configure power, as well as balance and harmony? What did decision-making look like? That is, what is the difference between a ceremonial circle and a top-down hierarchy? Key elements of historical governance from each specific nation are featured in subsequent sections of this Plan. How these historical aspects can be utilized in modern governance and the overlaps between the four cultures are also highlighted vis-à-vis FNUniv.

0. Survival as goal in political coalitions: As will be detailed, political alliances were formed throughout these nations – survival was one of several reasons. George Blondin, a Dene Elder, collected numerous stories in his book Yamoria the Lawmaker (1997), drawing from his own experiences and other Dene Elders. Storytelling, as in many cultures, is a form of sustaining (and practicing) traditional law and value systems and maintaining histories. One story depicted salient examples of bonding between groups who had traditionally battled but later worked towards joint survival. In the story, “Enemies Become Friends,” Blondin describes how Inuit and Dene groups helped each other. He writes that four Dene men from the Dogrib settlement were on a winter hunting trip. They initially did well but because their dogs ate so much, they soon ran out of meat and firewood. They didn’t have enough food to make it home and became desperate. One man

15 First Nations University of Canada. “Mission and Values.” Official Website. http://www.firstnationsuniversity.ca/files/Vision%20Mission%20Logo.pdf

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in the group, Joe, knew of a nearby Inuit camp, about a day’s journey away. The other men agreed and before long they ran into an Inuit man who led them to his people. “Joe knew some of the people but he still had to use sign language to talk to them. Pretty soon the two groups became friendly and a big trading session began… The Inuit fed their guests and their guests’ dogs very well… The men [Dene] made it back home, feeling healthy and strong. Even though the Inuit and Dogrib ancestors had fought wars and killed and kidnapped each other, these two groups overcame their fear of each other in a matter of survival.”16 Coalitions for the Ojibwa and Cree are also noted within those sections as a way of tracing the historical alliances and how they operated within the larger functions of internal and external governance.

1. Life-way commonalities Here are the common threads of how these very distinct cultures and peoples might intersect, specifically in sharing a view of the planet, people, law, and spirituality that is “indigenous.” Despite disparate philosophies, geographies, and languages, common threads posit an indigenous worldview, which challenges normative values in western-centric worldviews. Again, this is NOT to generalize First Nations but rather highlight aspects that convey a separate ontology to colonial Canadian structures. A project called “Nature’s Laws”17 brought together aspects of Cree, Dene, and Ojibwa culture from First Nations located in Treaty 6, 7 and 8 regions. The focus of the project was culling Elder and spiritual leader interviews with indigenous languages and laws to present a concept of law. The significance of sacred power is evident in these laws and in other cited literature. “In the Athapaskan languages of the Chipewyan/Dene is the complicated word inkonze . It means sacred power, special insight, greater-than human knowledge, medicine understanding or basically to know something a little.” “In the Cree language, to take only one example, the prefix kihci denotes a wide range of meanings associated with our word, the sacred…admiration, respect, greatness, venerable, esteemed, holy, hallowed, much regarded, highly thought of, great value, ultimate, saintly, sanctity, heavenly, piety, consecration, being blessed, having to do with deity, taking an oath. Yet it also can have less spiritual connotations, as for example, thinking one’s self to be very good (i.e., being ‘snooty’), making a good start on things, making reference to the queen or a grand chief and even a great body of water. Consequently, one would adjust one’s understanding of the word used by the

16 Blondin, George. 1997. Yamoria The Lawmaker: Stories of the Dene. Edmonton, Alberta: NeWest Press. pp. 190-191. 17 Heritage Community Foundation and First Nations from Treaty 6, 7 and 8. 2004. “Nature's Laws.” eds. C. W. Roan, E. Waugh, C. Twinn & Adriana A. Davies. http://www.abheritage.ca/natureslaws/index2.html

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context in which it as uttered, and even then, one might contend that the usage was not up to standard. Thus we have suggested in the Introduction that Nature’s Law can be translated as Kihci weyasowewin kisipikaskamihk, which can be parsed into the prefix kihci (ultimate or sacred) plus weyasowewin (law) plus kisipikaskamihk (all-over -the-world).”18 This is also critical in Anishinaabe/Ojibwa culture and languages, and is detailed in that section. Among the commonalities found in the three cultures and legal systems: 1. The Sacred 2. Balance 3. Harmony 4. Spirituality 5. Place and the Stage (seasons, cycles) 6. Merit 7. Communication 8. Sustainability 9. Respect 10. Reciprocity 11. Retribution (mitigating vengeance) 12. The Ethic of Transformative Figures19

2. Collective decision-making and individual freedom In much of the literature it would be easy to assume consensus-building and egalitarian structures created a pre-contact idyll. The very real issues of conflict are embedded in each of these histories; however, it is the approaches to handling conflict and war that is different, based on distinctly different government structures. While there was consensus, there was also a great deal of individual freedom. People did not have to submit to authority in things they didn’t want to do and coercion was not an option in governance. Rather than discipline or obedience of citizens, these structures created societies connected through law-family-spirituality and a sense of ownership in decisions made by the group. People who wanted to opt out of these decisions were allegedly free to do so. Dene Chief Baranby calls this a “flexible system.” How this worked on the day-to-day and possible anti-social behavior was examined to a lesser degree in the literature. Some Dene Elders discuss indirect correction by society on an individual’s anti-social behavior. Other scholars have said a more public confrontation was used, perhaps in areas that more directly and dramatically impacted the nation as a whole.

18 Ibid. 19 All areas are detail heavily with vignettes from Elders and scholars, in Roan et al., 2004. “Spiritual Life”, Nature’s Laws. http://www.abheritage.ca/natureslaws/spiritual/index.html

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3. Conflict At the same time much of the socio-legal and political organization stressed balanced societies, there were also internal conflicts between people and external issues between bands and nations. War was a frequent subject in many of the traditional narratives and in each culture, there is a diverse approach to war, i.e., there is not always a pursuit for peace. In literature on the Ojibwa, the historical conflicts with the Lakota and other Sioux are discussed and remembered though stories. Similarly, the importance of warrior culture to the Cree and the effects of broken unity among the Dene are all dealt with as concrete examples of conflict. Some of these situations are not mended, but are lessons of resiliency, bravery or pain, or vengeance. Neal McLeod [Cree] has an interesting personal story on ambiguous genealogies and historical rivalries, in this case between Dene and Cree. A man named Wichikos had raised McLeod’s Cree grandfather, lived in the bush, and had the ability to talk to animals. Wichikos had a pre-arranged marriage with a Plains Cree woman, who he first saw when walking to the altar and turned down because she was “poorly made.” He later married another (prettier?) Plains Cree woman, who had the task of dealing with the remains of enemies (including Dene) after battles. The irony, McLeod writes, is that Wichikos lived in this Cree community and married a Plains Cree woman who dealt with enemy war remains, but was actually Dene himself.20

4. Elders and leaders The importance of Elders and leaders within these governance histories is apparent. Elders continue today to carry the intellectual wealth of the nations and bands and are used as community archives on historical governance data. Leaders, despite the theoretical emphasis on egalitarian societies, in both historical accounts and in today’s research are critical components in personifying specific aspects of governance. It’s interesting that in much of the literature male leadership roles or interviewees dominate the discourse on governance. However, women’s roles and the significance of matrilineal cultures (for some) are noted. The role of women as healers in both Cree and Ojibwa cultures, historically and continuing today, is analyzed. Women as Elders and leaders in the past, their mythic role in narratives and today as scholars, leaders, activists and community historians is significant and would be another area to possibly highlight.

5. Delegating priorities or areas of service One governance thread that links all four cultures is a delineation of expertise in collaboration with the people. Based on clans, abilities, and geographical location, groups and leaders focused on specific needs, not comprehensive questions. With a more comprehensive question like war or migration, full panels were built from a variety of experiential knowledge.

20 McLeod, Neal. 2000. “Plains Cree Identity: Borderlands, Ambiguous Genealogies and Narrative Irony.” Canadian Journal of Native Studies, 20(2). pp. 442-443.

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6. Gatherings Finally, there is commonality in dispersed groups coming together regularly, seasonal celebrations and political coalitions. The role of geography tied to spirituality and ancestry, leadership jurisdictions and sites for connecting is heavily emphasized. Aside from the obvious, there is significance in communing at specific locations for set purposes on regular cycles. While ceremonies differ in size and ritualistic scope (one Dene Elder argued their ceremonies are more simple than Cree), there is a continual theme of congregating regularly for spiritual, social, and political reasons.

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Figure 5:Saskatchewan Treaty Areas21

4.6.3 Demographic and Geographic Information Within the treaty areas of Saskatchewan, the following First Nations communities are based.

21 “Saskatchewan Treaty Land Entitlement First Nations.” 2009. Official Website: First Nations and Metis Relations. Government of Saskatchewan. http://www.fnmr.gov.sk.ca/adx/aspx/adxGetMedia.aspx?DocID=433,255,95,88,Documents&MediaID=860&Filename=TLEmap 2009.jpg&l=English

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Treaty Area 8: Black Lake Denesuline Nation, Clearwater River Dene Nation, Fond Du Lac Denesuline Nation. Treaty Area 10: Birch Narrows First Nation, Buffalo River First Nation, Canoe Lake Cree Nation, English River First Nation, Hatchet Lake Denesuline Nation, Joseph Bighead First Nation, Lac La Ronge First Nation [some reserves in Treaty 6], Peter Ballantyne Cree Nation [184F, Sturgeon Weir in Treaty 5], Waterhen Lake First Nation. Treaty Area 6: Ahtahkakoop Band of the Cree Nations, Beardy's & Okemasis First Nation, Big River First Nation, Flying Dust First Nation, Island Lake First Nation, James Smith Cree Nation, Kinistin First Nation, Lac La Ronge First Nation [a few reserves], Little Pine First Nation, Lucky Man Cree Nation, Makwa Sahgaiehcan First Nation, Mistawasis First Nation, Montreal Lake Cree Nation, Moosomin First Nation, Mosquito Grizzly Bear's Head First Nation, Muskeg Lake Cree Nation, Muskoday First Nation, One Arrow First Nation, Onion Lake First Nation, Pelican Lake First Nation, Peter Ballantyne Cree Nation [1 reserve], Poundmaker Cree Nation, Red Earth First Nation, [is in Treaty 6, but adheres to Treaty 5], Red Pheasant First Nation. Saulteaux First Nation, Shell Lake First Nation [Is in Treaty 6, but adheres to Treaty 5], Sturgeon Lake First Nation, Sweetgrass First Nation, Thunderchild First Nation, Wahpeton Dakota Nation, Whitecap Dakota/Sioux First Nation, Witchekan Lake First Nation. Treaty Area 5: Cumberland House Cree Nation Peter Ballantyne Cree Nation [1 reserve], Red Earth First Nation [Is in Treaty 6, but adheres to Treaty 5], Shell Lake First Nation [Is in Treaty 6, but adheres to Treaty 5], Shoal Lake Band of the Cree Nation. Treaty Area 4: Carry the Kettle First Nation, Cote First Nation, Cowessess First Nation, Day Star First Nation, Fishing Lake First Nation, Gordon First Nation, Kahkewistahaw First Nation, Kawacatoose First Nation, Keeseekoose First Nation, Key First Nation, Little Black Bear's First Nation, Muscowpetung First Nation, Muskowekwan First Nation, Nekaneet First Nation, Ocean Man First Nation [Is in Treaty 2, but signed Treaty 4], Ochapowace First Nation, Okanese First Nation, Pasqua First Nation, Peepeekisis First Nation, Pheasant Rump Nakota Nation [Is in Treaty 2, but signed Treaty 4], Piapot First Nation, Sakimay First Nation, Standing Buffalo First Nation, Star Blanket Cree Nation, White Bear First Nation [Is in Treaty 2, but signed Treaty 4], Wood Mountain First Nation, Yellow Quill First Nation. Treaty Area 2: Ocean Man First Nation [Is in Treaty 2, but signed Treaty 4], Pheasant Rump Nakota Nation [Is in Treaty 2, but signed Treaty 4], White Bear First Nation [Is in Treaty 2, but signed Treaty 4]. The population of Saskatchewan First Nations is approximately 70% Cree, 20% Saulteaux, 5% Dene, and 5% Dakota/Lakota/Nakota. As of 2009, there were 129, 138 registered First Nations individuals in the province (according to Indian Affairs), comprising 13% of the Saskatchewan population. The Federation of Saskatchewan Indian Nations (FSIN) recognizes 72 bands, while Indian Affairs only recognizes 70. The two northern Saskatchewan bands of Lac La Ronge and Peter Ballantyne (both Woodlands Cree Nations) each have over 8,000 members and multiple communities. Approximately 50% of First Nations peoples live off reserve. Finally, over 50% of the population is under the age of 25.

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4.6.4 Ogemahkiwin (Cree Governance)

The Reserves in Saskatchewan speaking Plains Cree, Woodland Cree and Swampy Cree:22

Woodlands Cree Lac La Ronge Canoe Lake Montreal Lake Peter Ballantyne

Swampy Cree Cumberland House Red Earth Shoal Lake

Plains Cree

Ahtahkakoop Joseph Bighead Nekaneet Saulteaux Beardy's / Kahkewistahaw Ochapowace Star Blanket Okemasis Big River Kawacatoose One Arrow Sturgeon Lake Canoe Lake Little Black Bear Onion Lake Sweetgrass Cowessess Little Pine Pasqua Thunderchild Flying Dust Makwa Peepeekisis Waterhen Sakahikan Gordon Mistawasis Pelican Lake Whitebear Island Lake Moosomin Piapot Witchekan Lake James Smith Muskeg Poundmaker Saulteaux John Smith Muskowekwan Sakimay Star Blanket

Elder Barry Ahenakew (2009) discussed how leaders were governed in historical Cree governance. He shared the following, which pivots the leadership discussion and describes the governance structure. “To begin with there was a camp which faced south. It faced south because the Sun and the Thunderbird both came together in the South, and they were two powerful symbols of the Creator. At noon they we were together in the South.

22 All band and reserve information was found on the Saskatchewan Indian Cultural Centre website. http://www.sicc.sk.ca/heritage/sils/ourlanguages/index.html Accessed September 20, 2009.

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“There were seven divisions of the Cree. In the camp each had their place in the circle. All the members of the division camped together. Each was a complete unit onto itself headed by a sub-chief and with its own warriors. One group of warriors was chosen to be the one in charge of the camp for that particular season. Once a year all of these divisions came together. They camped by the Elbow of the Elk River (the South Saskatchewan) near the Stone. It is reported by Fineday’s mother that she was at one of these gatherings where the tipis went for five or six miles. During this time, ceremonies were held. There would be as many as seven or eight Sun Dances going on at the same time at the gathering. “The Warrior’s Lodge was in the centre of the circle of tipis. The warriors were charged with organizing the camp-protecting and policing it. The oldest warrior sat near the southern door of the lodge on a willow back rest. He would have been someone who had a reputation for being a great warrior in the past. The warriors were seated in order of age starting at the youngest going to the oldest. The youngest spoke first and each one in turn spoke on the issue at hand. The Ogimaw [the Chief of the Camp] sat at the other side of the circle. He listened. When all had spoken, the Ogimaw and the oldest warrior conversed amongst themselves and made whatever decision was necessary. “Chiefs, from the time of Earthchild, were chosen through heredity. The Chief had to protect and provide for his people. He had to inspire people to work for the community. For example, he would have a buffalo pound to feed his people. He had to have the people who could build the pound and ensure that there was enough meat to feed the group. It is said that at the big gathering of the Cree, it would take as many as two buffalo pounds to feed the people. Providing those two took the work of many. “Although Chiefs by birth were chosen to be Chief, they had to protect and provide for their people or the people could leave and join another camp. During Treaty time many of the groups sub-divided as the Chiefs chose whether or not to take treaty. Even Mistawasis’ child left his camp. They went to Alberta where they became Sun Child. Big Bear was not a Chief until the time of treaty when people began to follow him as he moved north ahead of the treaty signers. When treaty came every thing changed because the Chief had only the treaty and faith with which to protect and provide for his people. As well at the time of the treaty many of the sub chiefs were called Chief by the treaty makers and they signed treaty. Everything changed. The Chief’s authority then was based on the treaty not on what his people needed and how he could provide.” Historians who have written on Cree governance and historical leadership do not have the internal expertise of an Elder like Barry Ahenakew. Much of their information is based on European colonial observations, but some of these stories can be helpful in locating historical governance: MAB II & Associates, LLC Page 68 2/17/10

“The inhabitants of the Plains are so advantageously situated they could live very happily independent of our assistance. They are surrounded by numerous herds of various kinds of animals, whose flesh affords them excellent nourishment and whose skins defend them from the inclemency of the weather, and they have invented so many methods for the destruction of animals that they stand in no need of ammunition to provide a sufficiency for these purposes.”23 Colonialist Duncan McGillivray made this observation on the Plains Cree in 1794 and points to several themes in all four cultures’ historical governance, self-sufficiency, and forms of organization that can negotiate large to small groups of people through political events, social activities and spiritual relationships. John Milloy, in his book on the Plains Cree, writes that the Cree had shifted from beaver hunting in the eastern woodlands to buffalo in the plains and asked why. “The pleasure of living in large groups in winter and summer, the social activities of the band and the vast buffalo herds to support this Cree lifestyle… one further factor must be considered. A period of diplomatic realignment accompanied the social transformation because the Cree had to relate to old allies on a new basis. They were no longer Saskatchewan River Cree, who were canoe-reliant… they were now competitors for plains territory and resources. The central military and trade system of the Saskatchewan River area, the Cree-Blackfoot alliance, could not remain unaffected… realignment did occur…”24 Milloy’s book covers a detailed extent of governance and military activity in Plains Cree communities from the 1690s-1850s. These Cree bands had migrated westward to the Plains from the Saskatchewan River region. Much of Milloy’s book details diplomatic alliances and wars between Cree and Blackfoot, Flathead, and Anishinaabe nations and can be expanded on in further iterations (if helpful, otherwise, specific traits of governance were focused on). Why this vignette has been included illustrates how Cree political alliances developed or dissolved simultaneously to internal governance decisions. Niels Winthers Braroe (2002) wrote on his experiences with the Nehiyanak band and argues that Cree governance is based in autonomy and communal ownership, with a non-rigid approach to leadership. Haggarty also argues that the leadership structures were not absolutist but adapted to environmental and social changes. Chief Wayne Roan and Earle Waugh (2004) write that Cree leadership was constantly under evaluation:

23 McGillivray cited in Milloy, J. S. 1988. The Plains Cree: Trade, Diplomacy, and War, 1970-1870. Winnipeg, Manitoba: University of Manitoba Press. p. 29. 24 Milloy, p. 29.

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“They did this, not to try to undermine the validity of leadership, but to determine whether other gifts from other people might best handle the issue at hand. Thus a warrior chief was always weighed by his elders to see if he should be replaced by a young man whose prowess had recently been shining, since the notion of going with someone whom the spirits were blessing was a common idea. It is only the day-to-day chief who did not have to deal with this constant evaluation, since his blood and ancestral lines was held to validate his position.”25 Haggarty’s compilation on Cree leadership details specific roles in communities. The leader or band chief was the okimaw, a position that could be inherited but had to be earned through bravery in combat, oratory and listening skills, executive ability and “liberal thinking.” Haggarty writes that okimanahk have even acquiesced their position to others who outshine them on the battlefield. John Milloy (1998) also writes that a stellar war record was a prerequisite for prestige and leadership eligibility. At the same time, diplomatic ability was critical. Canadian artist Paul Kane spoke with Chief Broken Arm in 1847, who said, “The highest deed of all was to make peace with a hostile tribe. It required great courage to approach the enemy unarmed, for hostile people usually shot the Cree at sight.”26 Milloy continues with a description of Chief Broken Arm via Kane as not only the “foremost and most renowned of the warriors,” but also: “[A] remarkable exception to the generality of the Indians, they call him the ‘peacemaker,’ and twice within the last two years he pushed his way alone into Blackfoot country [former allies, now enemies], and walked into the enemy’s camp unarmed, with the peace pipe in his hand, exhorting them to peace and offering them the alternative of killing him.”27 Haggarty, Milloy, and others all write on the importance of gift giving, and specifically, the generosity of leaders. Milloy sees this as a form of social welfare and writes that not only were chiefs expected to be aware of needs and give the largest shares at a feast, but also the chief’s wife would give the best meat after a hunt to poorer community members. Moreover, Milloy writes, orphans and poorer young men of the community were cared for by the chief. “They were treated as members of the family, provided with clothes and food and were able to use the chief’s horses. From the chief they received informal training in hunting and warfare. These workers... were to be found in the tipis of most men of high rank."28 The Okimaw received advice from Elder councils, and some of those Elders served as criers who delivered the okimaw’s message to the community and gave gifts when the chief was unavailable. Gift giving was not only in the domain of the chief, but his family network and other respected community members actively contributed to the community gift resources.

25 Roan, Chief Wayne and Earle Waugh. 2004. “Spiritual Life.” Nature’s Laws. Heritage Community Foundation. p.5 http://www.abheritage.ca/natureslaws/spiritual/index5.html 26 Milloy, p. 76. 27 Ibid. 28 Milloy.

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The social structure of support around the okimaw depended largely on the participation of leading women, who made the gift-giving, social welfare, and other material aspects of governance possible. D eanna Christenson (2000) wrote that leading women “made sure their tipis were a suitable size and well equipped for guests. They prepared the food, tanned the hides and furs, made the special gifts, and ensured that the chief and his family were appropriately dressed for their position in the band."29 Other important roles in traditional Cree governance were the kιhtockinikiwak (worthy young men) and okihtcitawak (warriors/dancers). Social welfare was also linked to geographical organization. David Meyer and Paul C. Thistle (1995) have written on Cree social geography, specifically the river “rendezvous centers” in Saskatchewan. Regular social gatherings on specific points along the rivers were a time of spiritual exchange and social provision. As will also be seen in Dene culture, these annual group assemblies then broke up for other points of the year, in order to focus on taking care of smaller groups of people. They convened to share and parted for administrative efficiency. Paul Hackett (2005) wrote on both Cree and Ojibwa traditional mourning practices, which allude to the significance of individual community members over material accumulation, and connote how the notion of giving was tied to shared philosophies on mortality. “Mourners’ practice of relinquishing personal property was both widespread and diverse. Thus, on some occasions, furs, clothes, and goods were said to have been given to others, while in many other cases they were burned, thrown in a river, or simply abandoned… Many passages in the historical records refer only to the destruction of trading furs or other objects that might be discarded without immediate hardship. At other times, however, it is clear that those in mourning had disposed of all of their personal possessions, down to their clothes.”30 Wayne Roan, a Cree ceremonialist, spoke on Cree spirituality, law, and human life (mortality and governance): “All God’s creation is a natural element, and the Indian is the interpreter of God’s law. We teach that humans are a part of this law but many have separated themselves from nature and being a part of the world. The Indian knows he is one of God’s many creations and he is not a separate thing from nature."31

29 Christenson, Deanna. 2000. Ahtahkakoop: The Epic Account of a Plains Cree Head Chief, His people, and their Vision for Survival, 1816-1896. Shell Lake, SK: Ahtahkakoop Publishing. pp. 64-65. As cited in Haggarty, 2008. 30 Hackett, Paul. 2005. Historical Mourning Practices Observed among the Cree and Ojibwa Indians of the Central Subarctic. Ethnohistory, 52: 502-532. p. 506. 31 Roan, 2004. “Spiritual Life” p. 1.

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4.6.5 Hotarelyú asié bets`en k`ozeldé (Dene/Denesuline Governance)

Reserves in Saskatchewan speaking Dene: Birch Narrows First Nation Black Lake Buffalo River Clearwater River English River Fond du Lac Hatchet Lake

(Also Stoney Rapids is included in some literature but not on a map as its own spot; see Black Lake link where both are located) “We are like the river that flows and changes, yet is always the same. The river cannot flow too slow and it cannot flow too fast… Our Dene nation is like this great river. It has been flowing before any of us can remember. We take our strength and our wisdom and our ways from the flow and direction that has been established for us by ancestors we never knew, ancestors of a thousand years ago. Their wisdom flows through us to our children and our grandchildren to generations we will never know… five hundred years from now someone with skin my color and moccasins on his feet will climb up the Ramparts and rest and look over the river and feel that he too has a place in the universe; and he will thank the spirits that I thank, that his ancestors looked after his land well, and he will be proud to be a Dene.” -Frank T’Seleie, Former Chief of the Good Hope Band, 1975.32 In much of the Dene literature, the role of Elders (both men and women) is emphasized as much as chiefs - political leaders who do serve, but allegedly in a non-hierarchical fashion. Kulchyski writes on the role of Elders, “Like the concept of tradition, the notion of elders is highly politically charged. Elders have an extraordinary value in contemporary popular culture and hence made to bear the weight of an enormous desire for ‘authenticity.’…the strength of each of these communities in good measure rests on the continuing strength of the elders who remain.”33 Dene Elder George Blondin argued that in the past, it was medicine people who were critical to creating the spiritual, political and legal fabric of the nation (expanded on shortly), as well the elders who (continue to) educated young people with stories. Chiefs’ names (writes Antonia Mills on Dene/Witsuwit’en law in Eagle Down is Our Law) were very important and distributed carefully, “[H]aving a chief’s name is an honor and a responsibility, requiring the holder to act correctly and with decorum. The head chiefs are

32 T’Seleie, Frank. 1975. “Statement to the Mackenzie Valley Pipeline Inquiry.” Dene Nation: The Colony Within. Ed by Mel Watkins. Toronto: University of Toronto Press, 1977. pp. 16-17. 33 Kulchyski, p. 19.

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expected to serve as models of correct deportment, to which everyone, and particularly the young, can look for direction and guidance.”34 Leadership within bands was closely linked to the land and spirituality. Communities were smaller groups of relatives, often nomadic with the caribou and other game in autumn/winter and fish in spring. Social structures were directly linked to geography as clans were organized throughout the land, setting up social jurisdictions. Feasts were also legally tied to territorial places and specific clans/family units were responsible for those areas. Chief Samooh [Moses David] shared: “When one chief died, whoever took his name would look after the grounds that went along with the name. That is the way it has always been from the beginning of time.”35 Labor was organized along age and gender lines and in the winter, people traveled in groups to the game (later dog sleds took game to the people). In the summer, groups traveled by canoe and build encampments on the lakes for the fish runs (these assemblies were larger than the winter groups, about 200 people).36 Sharing within this socio-economical structure resulted in a distribution system with minimal wealth differentiation between people. Chief T’Seleie of Fort Good Hope compared how communities used to operate by living in the land and developing a wide worldview, compared to a more myopic scope today. He argues that people used to live more in camps, non-permanent structures and were more connected to the environment. However, community councils are still important today in Denedeh as a way of decolonizing the structures set up by DIAND and the Canadian government, which omit community input. As will be noted in the Dene Laws (in the next few pages), participation and involvement by all citizens is central to Dene governance. And, the current structure of the community council, which harkens to traditional leadership is effective: “…[Fort Good Hope] is known for strong Dene leaders who have come out of the community, the leadership provided by the community in opposing the construction of the pipeline, the establishment of a unique model of governance for the community based on the consolidation of the municipal and band councils into a community council and many other contributions to Dene political life.”37 Peter Kulchyski (2005) in his time in Denedeh and Nunavut interviewed many former chiefs and elders, and leaders in community councils.38 Among traits of a good leader, talking is critical: “talent as a speaker is both a condition and instrument of political power.”39

34 Mills cited in Kulchyski, pp. 78-79. 35 Cited by Mills in Eagle Down is Our Law, requoted in Kulchyski, p. 79. 36 Asch, Michael. 1977. “The Dene Economy.” in Dene Nation: The Colony Within. pp. 47-48. 37 Kulchyski, p. 152. 38 Kulchyski, Peter. 2005. Like the Sound of a Drum: Aboriginal Cultural Politics in Denedeh and Nunavut. Winnipeg: University of Manitoba Press. 39 Ibid on Pierre Clastres and others, p. 164.

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Kulchyski spent time with both Frank T’Seleie and Charles Barnaby, also a former chief of Fort Good Hope. He noted that although these two men could be considered political rivals, there was no bad feeling between then, rather a history of working together in different roles: on the band council with one as chief and one as councilor, and other community roles.40 Kulchyski observes this relatively easy political transfer in Fort Simpson, as well. “…[T]hese elections did not lead to deep-seated resentments or divisions. All three men continued to work together on issues for the community on a daily basis, and are more often allies on these issues than opponents.”41 Former Chief Barnaby of Fort Good Hope emphasized direct communication, “[Y]ou know what kind of guy I am, I never faced away from people. But I don’t talk to you for a few minutes, I go crazy. I gotta talk.” Charlie Tobac, a local counselor, also pointed out the importance of communication, historically: “To be honest, you know it’s good to talk in front of one another, eh? Because people are, Native people, you know, when it comes to think about it and really look at it, we always been sharing. If somebody shot a moose down here, me and him we could run down there. We could get a chunk of meat. But if you go down to Edmonton, you never see that! And that’s what I mean, the past history, we always been well known for sharing.”42 Former Chief T’Seleie has studied ancient campsites and socio-political structures of his people. He discusses internal governance, both traditional and sustained. “The way we were brought up, like each clan or family unit was responsible for certain places or geography on our land… You could see it, visualize how the land was governed. Some of it was stories and legends associated with certain landmarks… That kind of stuff is all in our language but in order to understand it, it’s got to be, like to sense it in our own language. It loses a lot of its meaning when you translate it.”43 These and other current leaders continuously refer back to ancient ways. George Blondin, Dene Elder, wrote a compendium of Dene life-way principles, stories and laws. His central focus is on medicine power, which he sees as not as prominent as it once was, but still existing in imagination, dreams, virtue, and faith in the Creator and through remembering the strength of their ancestors. In his work, Blondin synthesized the Dene Laws. Tradition teaches these laws come from Yamoria, the great medicine man and lawmaker (one southern tribe in Denedeh says he was the Creator who lived among the Dene and went away). Blondin notes that these laws developed in a different (pre-contact) time, but argues they are timeless and simple. These

40 Ibid, pp. 164-165. 41 Ibid. 42 Ibid., p. 164. 43 Ibid, p. 165.

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laws overlap with literature from other Dene elders and by outsider scholars on principles that surface in Dene culture today.

Dene Laws44

1. SHARE WHAT YOU HAVE - The umbrella law, under it sit all the other laws. People shared what they had, just for survival. Share big game. Share fish if you catch more than you need and others don’t have any. 2. HELP EACH OTHER - Elders, sick people, widows, orphaned children. When you lose someone in death, share your sorrows with relatives who are also affected. 3. LOVE EACH OTHER AS MUCH AS POSSIBLE - Treat each other as brother and sister. Help each other and don’t harm anyone. 4. BE RESPECTFUL OF ELDERS AND EVERYTHING AROUND YOU - Don’t run around when elders are eating. Sit down until they are finished. 5. SLEEP AT NIGHT AND WORK DURING THE DAY - Don’t run around and laugh loudly when it gets dark. 6. BE POLITE AND DON’T ARGUE WITH ANYONE - Don’t harm anyone with your voice or actions. Don’t hurt anyone with your medicine power. Don’t show your anger. 7. YOUNG GIRLS AND BOYS SHOULD BEHAVE RESPECTFULLY - Don’t make fun of each other especially in matters of sex. Don’t make fun of older men and women. Be polite. 8. PASS ON THE TEACHINGS - Elders are to tell stories about the past everyday. In this way, young people learn to distinguish between good and unacceptable behavior and when they are older, they will become the storytellers who will keep the circle of life going. 9. BE HAPPY AT ALL TIMES - The Creator has given you a great gift - Mother Earth. Take care of her and she will always give you food and shelter. Don’t worry - just go about your work and make the best of everything. Don’t judge people, find something good in everyone. Blondin continues by tracing how these laws developed and how these and other Dene principles are about “common sense,” i.e., working during the day was connected to exercise and being healthy; not fighting nature was advice given to prevent accidents. During challenging times in the 1950s, Elders would still laugh and joke and Blondin writes it is because of one of the most important Dene laws: “As long as you see the land, it will always feed you and take care of you. Life is short, so make the most of it and don’t worry.”45 These laws stressing balance and egalitarianism do not portray an uncomplicated, idyllic past. Blondin relays numerous stories of internal conflict and war, specifically on medicine power battles. However, in his work, Blondin argues these Dene laws, stressing unity and sharing, were the goals of medicine power and achieving balance in life, unity over division.

44 Blondin, 70-72. 45 Ibid., 221.

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Kulchyski interviewed Blondin and one story told by Blondin alludes to the alleged “break- up of the Dene nation” in 1990. Dene unity had been set up in the 1960s-70s (see following paragraph on pipeline resistance) and was broken between the regional tribal councils (e.g., Gwich’in, Sahtu, etc.). Kulchyski argued that this “break-up” can actually be considered “an outgrowth of deeper political success at community empowerment.” He sees the small community groups as empowered through their interactions with Canadian state. However, Blondin offered a story about unity that complicates Kulchyski’s analysis and points to deeper relationships between Dene traditional laws and political coalitions: “That time he told me a story about two people who had strong medicine power, one from the north and one from the south… a duel was fought between the two, using magic arrows. In the end, the man from the south pierced the heart of the man from the north, ending the duel… A clear political subtext underlies many of the stories of medicine power conflict. And yet, in this particular story, the duel was a specific one, on a north-south axis. I am now convinced for no definable reason that it was a story of division among the Dene; that one line, George’s eyes, he repeated it: ‘the arrow pierced his heart’.”46 As alluded to previously, one event that is pivotal to current Dene self-determination and governance was the coalition of Dene in the MacKenzie region of the Northwest Territories, the “Dene unity.” In the mid-1970s, they presented their lands-claim case to Justice Berger (Supreme Court, British Colombia) in response to the proposed Mackenzie Valley Pipeline. The pipeline threatened the sanctity of Dene land, and Dene and Métis groups filed together as Dene against the pipeline. In addition to several presentations from Elders, chiefs and scholars, the General Assembly of Indian Brotherhood passed the Dene Declaration in July 1975. Several of the presentations from the 1975 “Berger Inquiry” synthesized what Dene governance is and how Dene elders, leaders and community members—not anthropologists or outsiders, have defined it. Although their presentations were prepared for a lands claims case, they are illuminating for this project. Chief George Barnaby wrote this in 1975 on the Dene political systems, decision-making and personal choice within collective institutions: “The way decision are made is another law. No one can decide for another person, everyone is involved in a discussion, and the decision made by everyone. Our way is to try and give freedom to a person, as he knows what he wants. When working, for instance, a person should not be forced into anything. Suppose he goes trapping for a while, the system should be flexible enough to allow this. There should be a choice. Our life is part of the land… No one owns the land, it belongs to all of us. We choose where we want to go and our choice is respected by others whether in the settlement or in the bush. We have no words in our language that means wilderness, as anywhere we go is our home…

46 Kulchyski, pp. 97-98.

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These are a few examples of the culture of the Dene, the system of government, the laws, the way they differ from the southern system [Canadian] and people.”47 The relationship between spiritual and social views of the land and direct action continues today. Much of the current research found within Dene decision-making was closely related to land-use management and traditional knowledge (e.g., utilizing methods like TLUOS: Traditional Land Use and Occupancy Study, a way of protecting sites, increasing traditional uses in land, and improving communication between industry and government agencies). The Dene Tha’ used TLUOS to educate within the community detailed aspects of Dene life-ways and land use, as well as externally to communicate their ancestral presence and expertise with the geography.48 One final note on Dene governance: In the words of leaders like Barnaby, T’Seleie and Blondin and in Kulchyski’s commentary, there is a nuanced approach to the idea of collectivity. As much as unity and sharing is emphasized, the individual person is never induced to submit involuntarily to the group. It is a sophisticated idea of collectivity and consensus modeling that leaves openings for disagreements and personal choice, even if that choice is a lack of participation. This reads as a respect of individuality within the context of collective harmony (opposite of western liberal philosophy which posits canons on the individual but practices conformity and discipline in its political institutions.) The above information collapses Dene information geographically and thematically into a wide survey of Dene governance in both Saskatchewan and the Northwest Territories. George Blondin’s text includes discussions on the Chipewyan bands in many narratives and other citations consider Saskatchewan communities; but much is derived from Dene communities in the Northwest Territories. Specific to the Saskatchewan region, Denesuline (see band names at beginning of the “Dene Governance” section) communities primarily live in two areas, the Athabascan Basin (Fond- du-Lac, Hatchek Lake, Black Lake and Stoney Rapids First Nations) and Churchill River Basin (Buffalo River, English River, Birch Narrows and Clearwater River First Nations). Elaine Hay writes that the fort at Churchill River was built in 1717, after the Dene and Cree co-participated in a peace mission, led by a Denesuline woman named Thanághelttver, who had been held by the Cree (Hay, 2006). The fort was an area of trade between Dene, Cree, and white settlers. The Saskatchewan Indian Cultural Centre (SICC) editors write that Elders have advised people to move away from the terminology, “Chipewyan,” which was derived from Cree meaning, “pointed hats or clothing,” and instead use “Denesuline.” The SICC also write that efforts to isolate language sub-groups for Athabascan communities have been futile, because people were “never completely isolated from others for long periods of time” (SICC, 2009). There are two distinct dialects used in Saskatchewan. The language is shared in part by Navajo/Diné and Apache speakers in Arizona and all three nations have variations on an ancient legend about how they separated: "A giant was killed by the tribe and the people

47 Barnaby, George. 1975. “The Political System and the Dene.” in Dene Nation: The Colony Within pp. 120-121. 48 Horvath, S., Laura MacKinnon, Mark Dickerson and Monique M. Ross (2002). "The Impact of the Traditional Land Use and Occupancy Study on the Dene Tha' First Nation." The Canadian Journal of Native Studies 22(2): 361-398.

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crossed onto the unknown new land on the back of this giant. The Thelon River in the Northwest Territories is the head of this giant and the end of his head. Thelon River in Dene runs through the arctic barrens of the Northwest Territories to the Hudson Bay” (SICC, 2009). As cited previously for both Saskatchewan and Northwest Territory communities, Denesuline governance is non-hierarchical and while collective priorities are vital to the nation and/or band, there is a socio-political position for individuality (non-coercive governance). In writing about the Black Lake community, Henry Sharp (1973) said: “…[there is] no history of subordination of the individual [hunting] group to any larger social entity. All cooperation between groups is perceived and pursued in terms of the benefit to that group.” Robert Bone, Earl Shannon, and Stewart Raby (1973) wrote the following on the Stony Rapids band: “[T]he self-sufficiency of households being underpinned by an ethic of strong individualism.” (13). “[C]harismatic leadership whether of a tangible or supernatural variety or from successful warfare with neighboring Cree or Eskimo [sic]. In this way regard, an important change did occur when traders seeking furs sought to deal with chiefs.”(13). “[T]he will to power per se in the Dene view is not admirable or socially desirable –viewed negatively.” (13). “Tribal organization and leadership was extremely loose and often of short duration, according to the conditions of the hunt.” (63) According to Chief Chicken (quoted in Bone et. al., 63): “But those days [the old days] he said, the people, they never used to have one big camp about 10 families like now. He said everyone used to scatter and everybody used to live a distance apart and the area didn’t seem to be big enough for the people. People kept meeting on traplines, everyone just went different directions.” As mentioned earlier, Chief Chicken’s words allude to a social organization of small communities who operated together for sustenance, then regularly congregated with larger groups. Throughout the document, the flexibility of governance models has been noted in all the governance traditions. Henry Sharp (2001, 6) writing on northern Dene communities, noted: “The great strength of Dene culture is its ability to graft new knowledge into its structure without ceasing to be Dene.” He continues:

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“The effectiveness with which the Dene Nation have protected themselves is paradoxical to Western political and legal thought. The Dene Nations are stateless, acephalous nations devoid of formal institutions of statehood and power so cherished in Western thought as markers of the emergence of civilization. The methods of the Dene have worked for thousands of years. What brought them into village life was not politics but a change in the caribou herds upon which they depended for food.” (6-7).

4.6.6 Gimakihwin (Ojibwa/Anishinaabe/Saulteaux/Odawa Governance) Reserves in Saskatchewan speaking Nakawe:

Cote Kinistin Sakimay Cowessess Muscowpetung Saulteaux Fishing Lake Muskowekwan/Muskcowekwun Whitebear Gordon Okanese Yellow Quill Keeseekoose Pasqua

Odawa Elder Cecil King reflected on historical governance for the Saulteaux:

“I guess for me the difficulty arises from the English terminology because the concept of governance carries with it the ideas of hierarchy and power, as the term ‘politics’ itself denotes. Coming to the cultures in question, these were not aspects of the way that our people lived within community. In our communities, the modus operandi [forgive my Latin!] was ‘how things work together.’ The critical element was ‘relationship,’ not ‘power.’

“To discuss anything about my culture, I always begin with the way that relationships are organized. In the Odawa worldview, there is but one Law, and, that is Enendagwad, the Law of the Orders, prescribed by the Maker of all things. Creation came about from the union of the Maker and the Physical World. Out of this union came the natural children, the Plants, nurtured by the Physical World, and Earth, their Mother. To follow were animal kind, the two-legged, the four-legged, the winged, those who swim and those who crawl, all dependent on the Plant World and Mother Earth for succour.

“Finally, last in the order came Humankind, the most dependent and least necessary of all the orders. Human beings, of all the Maker's creatures, were totally dependent. Our existence in the order of things relied upon the benevolence of those with whom we co-existed. Aware of this interdependency our people looked on the other orders as our parents, siblings and kin. We respected the physical world, the plant world and the animal world, for without them, there was no life or meaning.

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“Meaning existed, for our people, in the interrelationships of things, in the way in which things happened together. We saw, that, only together, things had meaning and became whole.

“So, this is where I find the difficulty in talking about governance in terms of power, and hierarchies. It misses the point that it is through good relationships among the parts of our existence that we have good governance. Creating the means to have good relationships within FNUniv and with those in the larger circle would seem to me to be the task at hand.

“To accomplish good governance through good relationships, our traditional culture had Enendagwad. Enendagwad prescribed the right and appropriate way of doing things. Since in our traditional communities we were reminded constantly that we were the least in the order of things, and we did not control the other orders as we struggled to live within the boundaries set for us we asked for guidance from the Creator.

“I think that part of the reason that we are having so much trouble with defining our governance is because most of our people no longer speak their languages. The Ojibwa language and other Algonquian languages, including Cree embody in them through their grammatical structures a basic reflection of relationships. Linguists have termed this concept as animism but it goes beyond the English meaning of ‘alive’ and ‘not alive.’ It speaks to a relationship with things in a spiritual sense. Speaking of other animate beings as ‘spiritual’ helps to define relationships in ways which are beyond ‘power’ relationships. The interdependence that was part of our way of life was an integral part of our language itself.

“Fundamental to the way the Saulteaux/Ojibwe/ Odawa lived in community was the idea of balance. The Law of the Orders implied rules of how the relationships among the orders were maintained. If the Order was maintained, then all lived together as it was meant to be. However, if there was imbalance in any of the relationships, then disharmony resulted. Therefore, the rules of appropriate behaviour were in essence to maintain balance. So this is another key concept

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within the Saulteaux/Ojibwe/Odawa way. Our history has been one of avoiding conflict by alliance, allegiance, negotiation, a special favourite, marriage, etc. Our people co-existed with many groups through looking for the way to compromise and seek ‘balance.’

“Our language contained words to describe the Ginamadawinan -- things that were appropriate within the culture. The Atsokanan told lessons of morality which guided our people to an understanding of what was ‘good’ and ‘appropriate’ conduct. In the oral tradition, through the medium of our language, the mores and values were inculcated. There could be no question of violating these for to do so was to violate ourselves.

“We gained our knowledge by living on this land. Our languages developed to speak of our knowledge of the land. We had Kekandausowin. Our knowledge came from Kizhe Manito and what we knew, was entrusted to us, by the One that was greater. Within our communities, people gained knowledge based on their ability, personality and skills. Our communities had all the disciplines and professions that we needed.

“Our actions were taken only with the appropriate ceremony and offering. We had the Seven Grandfathers or as they are also called the Seven Grandmothers. These were the values which were underlying the behaviours that were expected. These were: zaagidwin [love]; gwekwaadzwin [honesty]; aakdehewin [bravery]; mnaadendmowin [respect]; dbaadendiziwin [humility]; nbwaakaawin [wisdom]; and debwewin [truth].

“These were the tests by which every action was measured. Would the decision restore or maintain balance in the community? Did it maintain healthy relationships? Did it express and demonstrate love, honesty, bravery, respect, humility, wisdom and truth?” King’s words point to how leadership and knowledge walk hand in hand. The tests used to analyze all actions encompass the Saulteaux cultural values. In terms of organization, governance structures were derived from clan systems and named for the unique qualities of animals in the natural world, bringing together the relationships between humans, all life and the sacred. “Of all the echo-makers, the crane was the most eminent and for this reason was selected to symbolize leadership and direction. The call that it uttered was as infrequent as it was unique. So unusual was the tone and pitch of the voice that all the other creatures suspended their own utterances to harken to the crane. When the crane calls, all listen.”49

49 Johnson, B.1976, Ojibwa Heritage. Lincoln: University of Nebraska Press. p. 61. In Peacock, Thomas and Marlene Wisuri. 2002. Ojibwa Waasa Inaabidaa: We Look in All Directions. Afton, MN: Afton Historical Press.

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Anishinaabe socio-political culture was delineated on the basis of patrilineal clans or dodems.50 Although leaders could be selected from any clan, members of the bird clans [crane, goose, loon, hawk, sparrow hawk, white headed eagle, black headed eagle, brant seagull], and especially the crane clan, were given specific training for leadership. Leadership was something exercised temporarily, i.e. bird migration, “when the need is ended so is the leadership.” When a person’s expertise was needed for the nation, they served and once completed, they returned to group as an equal.51 “As the crane calls infrequently and demands attention, so ought a leader to exercise his prerogative rarely and bear the same attention in the discharge of his duties… Moreover, a leader was not merely a commander, but was first in action; and as a speaker, he did not utter his own sentiments, but those of his people. As such, the leader was obligated to shield the feelings of his people and not to depreciate them by too frequent speech. He was as leader an example and the first of speakers only.”52 These leaders did not work alone. They were chosen to work with council people - both men and women - who were community members, Elders, hereditary chiefs, war chiefs and clan elders. This group operated as a panel in disputes, territorial jurisdiction, season migrations and peace/war decisions. Johnson writes that other principles of leadership included 1) no coercion: followers were free to withdraw at any time; 2) many leaders in the great Ojibwa nation, no single leader; and 3) no contest for leadership - it was burden not something pursued. In addition to the bird clans linked to leadership (chiefs), other clans operated in governance:53 Defense (warriors): bear, wolf, lynx Sustenance (hunters): marten, beaver, moose, deer, caribou, muskrat Learning (teachers): catfish, pike, sturgeon, sucker, whitefish Medicine (healers): turtle, otter, rattlesnake, black snake, frog, mermaid/man Lawrence Gross [Anishinaabe] (2003) writes how animal stories support core values and community relationships. There is a story of how the skunk sacrificed itself to provide medicine for the Anishinaabe during a time of illness in the community. Another story tells of when an animal person sacrificed its life to provide food for human beings. Stories like the Earth Diver myth also deal with “the nature of self-defense and the limits of revenge.”54 Clans and family relationships were a central part of socio-political organization. Like the Lakota belief of “Mitakuye Oyasin” (we are all related) some argue the Ojibwa (after the

50 Warren, William W. 1885 (2009, 2nd ed.) History of the Ojibwa People. Ed by. Theresa Schenk. St Paul, MN: Minnesota Historical Society Press. p.17 51 Peacock and Wisuri, pp.118-119. 52 Johnson in Peacock and Wisuri, p. 117. 53 Ibid.,p. 75. 54 Gross, p.130.

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clan structures) would broadly define family as all relationships in the earth - human, animal and plant. Other Ojibwa beliefs would look at family as a political organization and include tribes who have shared history and ancestry (Lenape), i.e., Cree, Ottawa, Pottawatomie, Menominee, Penobscot, Passamaquaddy, Shawnee, Cheyenne, and others as part of a larger “family.”55 As much of the Dene literature focuses on land relationships and spiritual laws, so does Ojibwa scholarship - but with a major emphasis on language, in both its unique qualities and the current work towards sustaining it. Ojibwa is 80% verbs (compared to English which is 80% nouns) and speakers are able to express a completely disparate and descriptive worldview. Ted Holappa [Keweenaw Bay Band of Chippewa] explained: “For example, the word for depression in Ojibwa is nibodendam, meaning the feelings of a dead heart. When you listen to a fluent speaker talking about something or praying in the language, your heart just soars if you understand it. Much of our culture and who we are as Anishinaabe is transmitted through the language; that is why it is so important to maintain and pass on this language.”56 Some of the values of the Anishinaabe can be found in the concept of bimaadiziwin, the Good Life, which includes living with humility, generosity, and kindness.57 Mary Young [Saulteaux] (2003) wrote of her conversations with an elder, Alfred Manitopeyes (an Elder from the Muskcowekwun Band in southern Saskatchewan). He said that one characteristic of the Saulteaux/Anishinaabe worldview is also: “The responsibility of using the gifts that were given to us in the best way we can goes without saying. In this way, we live out our tasks by being true to ourselves. This is Pimadizewin, or a worthwhile life. Pimaosatamowin, or our walk of life, is how we arrive at that knowledge or make sense of that task.”58 Young tells a story of fishing with her father when she was a young girl. When she was struggling with the line and called out, her father did not run over to help her. He simply said in Anishinaabe, “Just release it every once in a while. You will know when the fish is tired and you can reel it in.” Young worked with the line and finally reeled the fish in. She says that this story taught her perseverance and she learned how her father honored her, by trusting and believing in her abilities to fish. Young writes that her father understood in his heart and head how animals think and what to do to catch them, and how to teach/respect her - another part of the Anishinaabe worldview.

55 Peacock and Wisuri, p. 75. 56 Austin Brenda. 2008. “Language of the People Forever.” Tribal College Journal. 19(3): 28-31. Spring 2008. p. 30. 57 Gross, Lawrence. 2003. “Cultural Sovereignty and Native American Hermeneutics in the Interpretation of the Sacred Stories of the Anishinaabe.” Wicazo Sa Review 18(2):127-134. Issue: The Politics of Sovereignty. (Autumn, 2003), p. 128. 58 Young, p.104.

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Stories, while told to convey social values or behaviors, did/do not have a static or singular interpretation. Gross writes that the community is part of interpretative process and varied, individual interpretations are part of an interactive social process between leaders and people: “[T]he interpretive process can be an ongoing interplay between the community and its leaders, especially religious leaders. Respectful individualism allows the individual to enjoy great freedom in self- expression… It is recognized that the individual takes into consideration and acts on the needs of the community, and does not act on the basis of selfish interest alone, so the community is willing to grant a given individual great leeway in personal expression.”59 Stories and narratives also deal with diplomacy and international conflict in Ojibwa/Anishinaabe governance. A story called the “The League of the Four Upper Algonquian Nations” is retold by a 19th century Ojibwa storyteller and former chief, Charles Kawbawgam. He begins: “After the Flood the descendants of the first father and mother spread all over the country. Then began countless wars. Many peoples fought the Ojibwas, [and] seemed to have a spite against them. But after many years, four tribes came together in peace to hold a council. These tribes were the Ojibwas, the Ottawas, the Pottawatomies, and the Menominees.”60 He continues with the peace treaty that developed between the nations, “an external brotherhood.” In this brotherhood, the Ojibwa were the oldest brothers followed by the Ottawas, then the Pottawatomies and the youngest were the Menominees. This council continued to meet until 1855 at Manitou Island on the Canadian side of the Saint Mary’s River. Kawbawgam writes that the brotherhood has assembled because a Menominee man was missing and the council was taking steps to find him. The Menominee representatives were upset and accused the Ojibwa of killing him, and said they were ready to break the brotherhood and go to war. Kawbawgam continues: “The Ottawa orator rose and spoke in favor of the Ojibwas and told the Menominees that the ‘Ojibwa whip is not easy to break.’ The Pottawatomie orator also spoke in favor of the Ojibwas and said that the Menominee, being the youngest of the brotherhood, should therefore be reasonable and advised them ‘not to risk breaking their long friendship with the Ojibwas.’ Finally the four tribes made a new treaty of peace. The following spring the lost Menominee who was the cause of the trouble, came back from Red River.” Kawbawgam also had a story of a lost war party of seven Ojibwas who had sought to start a war against the Sioux in the spring. They had walked all summer and autumn to find the Sioux and by the time winter had fallen, they were lost and only wanted to find their way home. At night, they heard rapping sticks used by medicine men to bring good luck in hunting and possibly power to find their way in a foreign country. The chief of the war party

59 Gross, p. 129. 60 Kawbawgam, Charles and Charlotte, and Jacques LePique. 1893-1895 (1994). Ojibwa Narratives. Detroit: Wayne State University Press. pp. 112-113.

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set a twig in the direction of the rapping the next morning and they traveled. This went on for eight days, hearing the rapping at night and traveling in the direction during the day. On the ninth day, the war party found an old man they believed to be Nanabozho (one of the names of the Anishinaabe cultural intermediary between the spirit world and human world). After staying with him for four days, he sent them home guided by a bear. He also told the war party to dig up a bush root, in front of the bear, as the root would be good luck in hunting. When they did all this, the lost war party was out of the woods and en route home. “…[The] people believed after talking with the wisest of heads, that Nanabozho had led the war party… to send them on the right way homeward. With the roots of the brush that he told them to dig they were able to get any game that they wanted till the roots were rotted. Thereafter these were of no help. The people searched for some like them but could find none. The bush was like the life of man, which grows for a time and passes to decay.”61 Nanabozho provided for the party, but in this story and many others, his gifts eventually disappear. The story points to how gift culture can work and how life is impermanent. In terms of economy and sustenance, Ojibwa culture was dynamic. Although 19th century federal agents argued that the Ojibwa were non-agriculture, “food-gathering,” the reality is more complex and points to how Ojibwa nations have always embraced diverse methods to care for their people. The excerpt is included to show how Ojibwa nations sustained traditional methods of provision in the face of the colonial political project. Of note is also the regular gathering of this society to share their food with the larger nation in keeping with their laws and values, and how colonial agents interpreted the assembly: “[A]nother official wrote of ‘old Indian gardens on Rainy River, and ‘fertile’ islands in Lake of the Woods, where Ojibwa ‘have grown maize from time immemorial.’ Of concern to colonial officials was the ability of Ojibwa to gather during summer ‘in larger numbers than Indians usually do,’ along the Rainy River-Lake of the Woods route from Lake Superior to the Prairies. This seasonal concentration arose ‘from the fact that they have abundance of food. This is afforded by the wild rice of the country which they collect, and by the fish which literally swarm in the Lakes and Rivers, some industry practiced on their own part, too, in raising Indian Corn, serves to supply them to a small extent.’ Military implications of this seasonal assembly were noted by civil engineer Simon Dawson; it rendered Ojibwa ‘formidable if inclined to be troublesome.’”62 In Laura Peers’s book, The Ojibwa of Western Canada, 1780-1870 (1994), she writes on the diversified economic practices of Ojibwa communities in Saskatchewan and Manitoba. She notes that Ojibwa communities continued to refer to their older woodlands culture, even as they made new lives in the plains. In other words, while the people and the socio-economic systems adapted to the new environments in the Saskatchewan area, they sustained former

61 Ibid., pp. 38-39. 62 Waisberg, Leo G. and Tim E. Holzkamm. 1993. " ‘A Tendency to Discourage Them from Cultivating’: Ojibwa Agriculture and Indian Affairs Administration in Northwestern Ontario.” Ethnohistory 40(2): 175-211. p. 180.

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practices, including the clan organizational system (Peers, 1994, 154, cited by White, 1995, 270). In White’s review of Peers book, he refers to the cultural exchanges between the Ojibwa in Saskatchewan and Dakota influences in names and dress, descendents of the wolf clan in which Ojibwa women had married to Dakota men. Specifically looking at Ojibwa (Saulteaux) communities in the Saskatchewan regions, the term Anishinaabe is used infrequently, although there are moves to use it as an original term of self-identification within nations and bands, (i.e., not the terms from the French and English). In Saskatchewan, the language is called Nakawe or Nahkawininiwak, (Algonquian linguistic family) and the Canadian government banned ceremonies held in Nahkawininiwak in the 19th and early 20th centuries. Recently, ceremonies are being revived, including the Midewiwiwin (sacred medicine system for many Algonquian nations) and bands have adopted some plains ceremonies, e.g., the Sun Dance (Asikinack, 2006, SICC, 2009). Alfred Manitopeyes, a Saulteaux Elder from the Muskcowekwun Band in Southern Saskatchewan was interviewed by a younger Saulteaux educator, Linda Akan (Akan, 1992). Akan asked Manitopeyes his views on Native education and as he shared them with her, she composed some important considerations when considering Saulteaux traditions and generational knowledge. Primarily, she wrote that for Manitopeyes and other Saulteaux Elders, the word education connotes a lifelong process. For example, Saulteaux teachers with a western education are not necessarily qualified Saulteaux instructors for the nation— they must continue long-term study under elders. Here are some aspects of traditionalist Saulteaux Elder thought and discourse. Akan derives these from her conversations with Manitopeyes, which may help this project in terms of regional Saulteaux wisdom. *Note how an Elder’s teachings are supposed to outlast conflict:63

1. Being grateful—for life, learning, culture, teachings, the Earth, language, children and grandchildren. An Elder is someone who knows what is important in life and applies that knowledge. “The authority of an Elder comes from the recognition of this knowledge by others, and the reliability of the Elders’ discourse can be tested in the context of time, when it lasts: values and attitudes that outlast conflict and contradictions are reflective of a peace-oriented paradigm that pervades the essence of ‘good talks’.” (Akan, 1992, 17) 2. Perseverance and the continuity of life. Culture is a dynamic process between beings, individuals and groups. 3. Learning involves thinking about who you are and is a process that “resolves,” “involves,” and “revolves.” 4. Repetition in text is made for refocusing in another context. It checks the maturity or learning changes as one responds to the repetition. 5. This talk (between Manitopeyes and Akan) is a prayer—learning is sacred. Learning gives us something to hope for and to emulate to others. 6. Teaching and learning are inseparable. In Saulteaux communities, teaching is a highly

63 Akan, Linda. 1992. "Pimosatamowin Sikaw Kakeequaywin: Walking and Talking. A Saulteaux Elder's View of Native Education." Canadian Journal of Native Education 23(1): 191-214.

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respected position and is an act of love; one is carrying the messages from the ancestors. 7. Elder’s talk can contain many levels of experience—it is not singular in form. It also is mindful of environment and context. 8. There is also a belief that one is not responsible or deserving of credit for a great act or miracle—it is a responsibility to wisely use gifts. Referring to the other literature cited in this section (Young’s 2003 interview with Manitopeyes), this is part of the Pimadizewin, the worthwhile life. The Pimosatamowin or walk in life is how one arrives at that knowledge of a gift or makes sense of the task. Thomas D. Peacock and Donald R. Day (2000) write about traditional Ojibwa education as well, and noted it developed in three stages, based on age and gender 1) until a child was seven years old, they were nurtured by grandmothers, aunts and elders; 2) from there boys and girls separated to learn respective ways of life and social contributions (tending garden, fishing, etc.); and, 3) the final stage is the one that Manitopeyes asserts in his interviews with Young and Akan, “the search for wisdom” which last all of one’s life.“ The search for wisdom was a quest to know the whole story of things—to know all things in their simplicity and complexity, to know the many layers of meaning.” (Peacock and Day, 2000, 145).

4.6.7 Win’yaniancan (Dakota/Lakota/Nakota, Sioux/Assiniboine Governance) Reserves in Saskatchewan speaking Lakota/Dakota/Nakota: Isanti Dakota and Ihanktonwan D/Nakota Standing Buffalo Wahpeton Whitecap Dakota Lakota Wood Mountain Hohe Nakoda Pheasant Rump Mosquito Carry the Kettle Ocean Man

“A nation is not conquered until the hearts of its women are on the ground. Then it is finished, no matter how brave its warriors or how strong their weapons.” - Dakota Proverb (SICC, 2009) “All birds, even those of the same species, are not alike, and it is the same with animals and with human beings. The reason Wakan Tanka does not make two birds, or animals or human beings exactly alike is because each is placed here by Wakan Tanka to be an individual and to rely upon itself” - Shooter, A Dakota Elder (SICC, 2009) Dakota/Lakota/Nakota (Daíopa/Laíopa/Naíopa dialects of one language, “those who consider themselves kindred”) governance and history in the Saskatchewan region begin in shared MAB II & Associates, LLC Page 87 2/17/10

origin stories. All three share a similar ancestry as the Očhéthi Šakówiŋ, “Seven Council Fires” (mistakenly called Sioux by European settlers, “Great Sioux Nation” in some U.S. documents). According to origin stories, the people were created and inhabited regions under the earth thousands of years ago; then those people migrated to the earth’s surface to the Wind Cave in the Black Hills. The Očhéthi Šakówiŋ developed from the different geographic and dialect divisions of people from that area: eldest and eastern subdivision (Isanti Dakota); the middle division (Ihanktonwan Nakota); and the western and youngest division who are subdivided into many bands (including the Oglala) and speak the Lakota dialect, i.e., “Dwellers of the Plains”, according to Peacock and Day (2000, 140; for more on divisions see Whalen, 1993, 248; SICC, 2009). French and English settlers mistakenly also referred to some bands in the Ihanktonwan Nakota as “Assiniboine” (from Ojibwe “Assinibon” and Cree “ Assinibauta,” both meaning Očhéthi Šakówiŋ who cook with stones, stone enemy”) or “Stoney.” Often these terms were haphazardly used by white settlers, which was detrimental when later Canada only allowed groups called “Assiniboine” or “Stoney” to sign treaties. Bands not falling under these labels were considered refugees from the U.S. and therefore not entitled to land claims (SICC, 2009). In terms of treaties in the Saskatchewan area, the seven Nakota speaking bands who signed adhesion to treaty 4, 6 or 7 were assigned reserves: Carry The Kettle, Mosquito, Lean Man, Grizzle Bears Head, Pheasant Rump, Ocean Man, and Long Lodge. As mentioned, there were Dakota and Nakota speaking bands not allowed to sign treaties, although they made and were denied requests. Finally, under an “act of charity,” the Canadian government set up five reserves in Manitoba and three in Saskatchewan, e.g., Standing Buffalo, White Cap (Moose Woods) and Wahpeton (Round Plain). And, after a negotiation by Sitting Bull with the Canadian government, a reserve for the Lakota groups was set up at Wood Mountain (SICC, 2009, see also Miller, 2006a and 2006b). David Reed Miller writes that contemporary Dakota/Lakota communities are “outside of treaty and have had differential relations with the various jurisdictions among which they must deal” (Miller, 2006a). There are movements in Saskatchewan to bring these communities to full status First Nations in Saskatchewan with more leverage. For historical governance in the Očhéthi Šakówiŋ, Stephen Cornell and Joseph Kalt (2003) wrote about governance styles in the Oglala Lakota bands on the U.S. side of the border, south of Saskatchewan. Cornell and Kalt write that Sioux governance was “fluid but highly developed.” Specifically, the Oglala bands were governed by a council (legislature) known as the “Big Bellies,” or naca, which included: warriors, headmen, medicine men and men of stature. From that council, an executive group of four chiefs was chosen who administered camp policy, dispute resolution, and advising the community as a whole, i.e., “welfare of the group.” They delegated authority to four younger men, the “shirt wearers” who served as tribal executives or the voice of those chiefs. These four then appointed marshals, or akicita, who maintained order and ensured the social laws were observed by everyone (including all the headmen and councils) in the camp. (Cornell and Kalt, 2003, 20).

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Cornell and Kalt write that social identity was focused at the band or tiyospaye level and like many of the governance styles in this report, these groups operated with a level of autonomy. At the same time, bands did gather for “national assemblies.” Cornell and Kalt refer to Royal Hassrick’s work, in which prior to the mid-nineteenth century, hundreds of delegates from different Očhéthi Šakówiŋ tribes would gather and designate four men to serve as “Supreme Owners” of the nation. They summarized the governance style as “strong legislature, executives selected by the legislature in a parliamentary fashion, articulated judicial authorities, and perhaps a federalist national system of some sort.” (Cornell and Kalt, 2003, 20). Proverbs about women in Dakota/Lakota/Nakota societies, reiterate the importance of women in traditional governance. Although men traditionally served as visible leaders, women were integral to decision making and the cultures are matrilineal. Relationships between Dakota/Lakota/Nakota and other First Nations in the area are complex. Conflicts with Ojibwa bands are noted (e.g., early 18th century) and at the same time, intermarriages between Ojibwa and some Dakota/Nakota people. Additionally, sharing cultural practices, such as the Sun Dance, was both a historical and contemporary exchange. The Dakota also gave “The Dakota Dance” to the Cree when they came to Canada after Little Big Horn.64 Peacock and Day (2000) write of shared socio-economic experiences between Ojibwa and Dakota communities in Minnesota (southeast of Saskatchewan), and they argue that in the harsh winters, while there were disputes between communities in pre-contact times, these were minor and both “lived in relative accord with each other” (2000, 150). Mary K. Whalen (1993) writes that Očhéthi Šakówiŋ groups patterned their relationships with early Euro-Americans after the existing inter-Native group diplomacy; namely, in terms of trade and reciprocity. These relations were not immediate, Whalen notes, but had to be developed as social bonds. She cites physician James Walker who lived on Pine Ridge reservation (Lakota, U.S. side) for 20 years in the mid-nineteenth century. Walker was initiated into medicine and shaman societies during his tenure and wrote about Očhéthi Šakówiŋ worldviews from his outsider experiences. According to Walker, the world was divided into friends (seen in kinship terminology, and exchanges of goods and services) and enemies (legitimate subjects of warfare, etc.). Whalen argues that although trade for animal pelts corresponded to the Očhéthi Šakówiŋ model of “how friendly human interactions should be regulated, and coincided with a Euro- American economic model of trade, but in many details the expectations of each party resulted in conflict rather than cooperation. The points of concordance and discordance in the Dakota-Euro-American fur trade interactions can be identified by comparing the models each held of the productive world.” (Whalen, 1993, 249). She continues:

64 Mandelbaum.

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“An individual's survival was dependent upon human-human interaction. As a member of an extended family, a village, a tribal sub-group (e.g., the Mdewakanton or Wahpeton), and ultimately as a member of the Dakota nation or Oceti Sakowin, each person was born with many rights and obligations that guaranteed his or her access to food, clothing, possessions, shelter, and aid.” (252). Whalen cites this reciprocal generosity in the pre-1862 practices of Dakota communities, who “... no matter how a household feared destitution, it had to share meat with all the village when the man of the household had hunted successfully.... Consequently, there might be a large number of feasts on a night when men had brought home game or rations, straining the favored person invited to two or three feasts who dared not offend by refusal. Distribution and feasts witnessed the solidarity of the village…” (Whalen, 257, citing Landes 1968, 36). She concludes that this system is based on the Očhéthi Šakówiŋ world view. Unlike western-centric economic models, in the Očhéthi Šakówiŋ worldview, the normal state of nature is productive and bountiful, Whalen writes. Humans maintain relationships with the environment to keep balance in the world that includes sharing not hoarding, and respectful consumption, i.e., taking only what you need. Thasunke Witko, a.k.a. Chief Crazy Horse, was a venerated Oglala Lakota leader. An oft-repeated quote of his, verifies this aspect of the Očhéthi Šakówiŋ worldview: “Treat the earth well. It was not given to you by your parents, it was loaned to you by your children.”

4.6.8 Thoughts The governance histories and traditional cultures of the Cree, Dene, Ojibwa, and Dakota/Lakota/Nakota have been sustained through challenging times in Saskatchewan. As discussed, these origins are integral to today’s governance procedures and operating as First Nations with the Canadian government. Treaties are the covenants between sovereign bodies and have directly impacted the current socio-political and governance processes in Saskatchewan today (e.g., land access, legal leverage, and rights for Dakota/Lakota nations sans treaties). The Federation of Saskatchewan Indian Nations (FSIN) developed a set of treaty implementation principles from elder counsel (Treaty Elders of Saskatchewan, cited in the FSIN Treaty Implementation Principles, 2007) as a declaration and assertion of the long-held and future sovereignty of First Nations in Saskatchewan. Building from the distinct origin stories, traditional governance/life-ways, law, and spirituality of the disparate First Nations, the FSIN Treaty Principles bring together fundamental values of the Cree, Dene, Ojibwa, and Dakota/Lakota/Nakota peoples. These principles outline how to operate as sovereign nations in treaty situations but in other governance and nation-to-nation/government-to-government relationships, as well. The FSIN Treaty Principles is not a bureaucratic resolution, but a shared articulation of what is important to all these nations as they self-govern, reaffirm traditional culture and innovate for current governance needs. The origins as peoples are directly tied to the future nations that they envision:

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“Our vision is that we will live on the land, as we have always, where our Peoples will be self-determining and economically independent, where we will walk in health and happiness with strength, unity, balance and according to our oral traditions as sovereign Nations, as bestowed by the Creator and as affirmed by the Treaty.” “The land” is not merely a subject of debate in First Nations-Canadian/Crown treaty negotiations. The land is the life of the peoples—embodied in socio-legal structures, governance process, language and spirituality. The FSIN Treaty Implementation Principles cite the Anishinaabe word Pimachihowin (cited in this report’s Ojibwa section). Here it is used to mean “making a living,” and the writers of the principles link that process to the land as a source of life and continuing relationship (this reciprocal relationship between the people, land and other life is discussed in each governance section).

Figure 6:Federation of Saskatchewan Indian Nations Treaty Implementation Principles

1 We, the First Nations come from Mother Earth, and this determines our relationship with nature, our role as stewards of this land, and all forms of life and our sovereignty. 2 We, the First Nations occupied North America as sovereign nations long before other people came to our shores. 3 We, the First Nations, have always made our own laws, institutions, and jurisdiction which reflects our culture, values, and languages. 4 Our sovereignty enabled us to enter Treaty and other political accords with other nations. 5 The Royal Proclamation of 1763 affirmed our sovereignty, institutionalized the Treaty-making process, and made our consent a condition before our lands and resources could be alienated. 6 First Nations and the Crown affirmed each other’s sovereignty in the Treaty process. 7 Our sovereignty will continue forever and will continue to define our nationhood forever. 8 Our Treaty has International Stature. 9 The Spirit and Intent of the Treaty relationship is more valid than the written text and will last “as long as the sun shines, the rivers flow, and the grass grows.” 10 The Spirit and Intent of the Treaty relationship is more valid than the written text and will last “as long as the sun shines, the rivers flow, and the grass grows.” In the opening of this report, the words of Cree Chief John Misawagon explained the tension between sovereignty, tradition and operating as a First Nation in Canada today. The separate discussions on historical governance looked at how the Cree, Dene, Ojibwa, and Dakota/Lakota/Nakota nations developed systems that were specific to their people, land, and values. The roles of elders and leaders throughout these histories have sustained cultural wisdom, including: the efficacy of governance styles for people as individuals (lack of coercion, honoring the departed and ancestors, generosity and giving) and as collective groups (social provision, respect, defined relationships and social roles); in survival (seasonal movements for best resources, sharing wealth); in times of conflict and political contest (discerning when to seek peace or do battle, selecting relevant leadership, collaborating with former enemies, making decisions, exercising reciprocity in treaty-making); and finally, in MAB II & Associates, LLC Page 91 2/17/10

choosing leadership based on the needs of the nation and skills/experiences of qualified and willing people. Odawa elder Cecil King shared a valuable observation on bringing FNUniv governance together with historical governance aspects: “Leadership came from those who had the knowledge, skills, abilities, and gifts needed at a particular time for a particular set of circumstances. This required agreement on the essence of the problem. “I think that currently we have no consensus on what the problem is. There are those among the faculty who want to be seen to be equal to and the same as the professors in mainstream institutions. Therefore, until the Board replicates the Board structure of mainstream institutions they will continue to express discontent. For them equality means being the same. “For others, the governance must reflect the mission of the institution which means that it must be a reflection not of contemporary institutions of higher learning but a reflection of the cultures whose histories, languages, and ways of being the institution is mandated to protect, preserve and disseminate. These people claim that the real professors are the Elders because they have the knowledge which is not currently evident in the other institutions. These individuals see it as necessary to have community members [decision-makers currently being Chiefs] on the Board because the mandate of the institution is a community-based one and only people with community connections can understand when a decision needs to be taken which protects the integrity of the particular mandate of the institution. Traditionally education was a community responsibility. Each Odawa became an important part of the community, at birth. Each child was celebrated and welcomed and each person in the community with a particular skill set taught the child what he/she needed to know to be a member of our community. “For me, the Board of Governors has always seemed to be disconnected from the Mission. I always felt that in the beginning the opportunity was missed to develop a completely unique and culturally congruent structure for the direction of FNUniv. I am glad that we have another opportunity to ‘get it right.’ In my view, the institution has to function on the common values of the First Nations people of Saskatchewan. These values should underlie all the policies and decisions of the place.”

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4.7 TRADITIONAL HISTORICAL GOVERNANCE VALUES AS KEY SUCCESS FACTORS FOR PRESENT DAY FNUNIV The following values have been derived from historical governance philosophies and practices of the Cree, Saulteaux/Ojibwa/Odawa, Dene, and Lakota/Nakota/Dakota First Nations. Although the governance themes were initially drafted from historical and written scholarship, the critical part of this process has been the verification of this information and personal consultation with regional First Nations elders. These conversations and exchanges included four pipe ceremonies (one with a sweat) as a way of grounding the work to the sacredness of the First Nations peoples and their life-ways. By working with these elders as fundamental authority, the research team sought to link this current work to the history and sanctity of the First Nations’ communities, language, culture, and to the continuing vision and mission of First Nations University (FNUniv). The FNUniv vision and mission was conceived thirty years ago, in which elders and community leaders worked together. To review, the vision:

“We, the First Nations, are children of the Earth, placed here by the Creator to live in harmony with each other; the land, animals and other living beings. All beings are interconnected in the Great Circle of Life.

The Elders teach us to respect the beliefs and values of all nations. Under the Treaties, our leaders bade us to work in cooperation and equal partnership with other Nations.

At First Nations University of Canada, First Nations students can learn in the context of their own traditions, languages, and values. Rooted in their own traditions, our students will walk proudly and wisely today. The University, through extensive programming reaches out and welcomes First Nations peoples to use its resources for the enrichment of their communities.” MAB II & Associates, LLC Page 93 2/17/10

And the mission:

“The mission of the First Nations University of Canada is to enhance the quality of life, and to preserve, protect and interpret the history, language, culture and artistic heritage of First Nations. The First Nations University of Canada will acquire and expand its base of knowledge and understanding in the best interests of First Nations and for the benefit of society by providing opportunities of quality bi-lingual and bi- cultural education under the mandate and control of the First Nations of Saskatchewan. The First Nations University of Canada is a First Nations’ controlled university-college which provides educational opportunities to both First Nations and non-First Nations university students selected from a provincial, national and international base.”65 The vision and the mission call to leaders, faculty, students and administrators to directly connect their work and internal structures to First Nations communities and cultures. This is a process of bridging historical governance and sustained values with current decision- making and institutional priorities. This process relies on learning from the Elders and their knowledge of how things were and also working with today’s communities on what needs exist—a way for the university to connect the legacies of the past to hopes of future generations. From there, we can begin looking at specific values for a governance model. I. Respect for the knowledge of the communities they serve. In the structure of the Cree camps—following Barry Ahenakew’s words—(as well as the usage of the circle in the Great Sioux Nation), leaders discussed with each other and had a place in the circle. According to Barry Ahenakew, in Cree camps, the oldest warrior sat near the southern door, and all the warriors would speak, with the youngest beginning the discussion and continuing to the eldest. At the end, the Ogimaw [Chief of the camp] and the oldest warrior conversed with each other and made the final decision. Pipe ceremonies also are built from the circle. The circle is fundamental because everyone has a place, unity and respect—an equal voice in the circle (see Figure 7). John Thurner 2/17/10 11:36 PM Deleted: Figure 6

65 First Nations University. “Mission and Values.” Official Website.

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Figure 7: Full Circle of FNUC Governance from Historical Values

II. Elders are critical in the decision-making process. Chief Wallace Fox, Onion Lake Cree Nation shared: “It has been said there will come a time when an Elder is only asked to pray at the beginning and at the end of meetings, and not participate in the actual decision making. Their opinions won’t matter.” This time has come, and the implications of what can be lost by taking Elders out of the decision-making process are detrimental.

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*Functional capacity: The idea of structurally pairing every functional representative with an Elder; not only in terms of geographic and language representation, but a mentoring relationship. III. It’s not about power, it’s about relationships. Focusing on relationships and not power is a Saulteaux/Ojibwa/Odawa notion. This is the governance structure, as well as the knowledge sharing: the relationships with each other, with Mother Earth, with the animal world. All of these relationships, the “everyday” institutional governance ones and the ones that permeate all areas of life encompass the functions of FNU. Dene law discusses how to live in a “good way.” Operating in a relationship mode, over a “power and control” mode, is a challenge for the university structure on all levels: administrative, teaching, faculty-to-faculty, faculty-to-student, reaching out to the community, and in research approaches. The emphasis of relationships in lieu of power hierarchies is the notion of balance---a value shared by all of the represented First Nations cultures. In the Dene laws, happiness is vital in how one relates to others, the earth and oneself. Balance, harmony and happiness form the basis or the foundation for relationships. Cecil King writes that Odawa life-ways have “expected behaviors”, which are Zaagidwin [Love]; Gwekwaadzwin [Honesty]; Aakdehewin [Bravery]; Mnaadendmowin [Respect]; Dbaadendiziwin [Humility]; Nbwaakaawin [Wisdom]; and Debwewin [Truth]. Essentially, they are the rules of how relationships are governed. IV. Integrity is making decisions, knowing that every decision impacts future generations. In Lakota-Dakota-Nakota values, the future is fundamentally connected to the present (and the past). Thasunke Witko, a.k.a. Chief Crazy Horse, was a venerated Oglala Lakota leader. An oft-repeated quote of his, verifies this aspect of the Očhéthi Šakówiŋ worldview: “Treat the earth well. It was not given to you by your parents, it was loaned to you by your children.” Political decisions are often about expediency, but decision-making with integrity means recognizing that these choices impact future students, the direction of the university, and the relationships between leaders in all fields; political, spiritual, and financial. V. Transparency is about full participation and collective decision-making. Transparency is born out of collective decision-making. When important issues came, historical governance embraced broad decision-making. A water confluence between a river and a creek in Saskatchewan is called Wanuskewin, “seeking peace of mind.” Here gatherings were held to decide how decisions how the year would progress, what alliances would be made. Seasonal gatherings of the Dene are relevant to this value. These gatherings were conducted where rivers met for spring fishing, etc. Nations met in times of abundance and challenge. They gathered together for sustenance, political decision-making, and even inter-tribal councils. Transparency in the indigenous incarnation is full participation versus the idea of representative governance in western traditions. Instead of a select powerful minority “reporting” decisions made back to the community, in this model community members participate on the ground level of decision-making with full involvement. MAB II & Associates, LLC Page 96 2/17/10

VI. FNU is accountable to communities culturally and fiscally. Accountability often reflects only on fiscal duties, which are critical. But FNU’s mission also includes a mandate to preserve, protect and disseminate First Nations’ culture and it is accountable to their communities in this, as well. First Nations University was designed to preserve and protect First Nations cultures. As more conventional/western approaches have been adopted, Elders have expressed feeling excluded and their expertise being lost. Accountability would be a two tiered: not just sharing financial statements with FNU elders and communities, but the leadership and board sharing the institutional vision and cultural preservation with the community.

Closing: An Elder’s Vision of Governance

Three excerpts from Cecil King bring this discussion full circle:

“In the traditional Saulteaux/Ojibwe/Odawa world, the Kitchinshinaabek instructed our people in the right way to live. They were the ones who had Nibwakawin, the knowledge of how to live in the order of things, respecting all things as gifts from the Maker. Within this world of the Saulteaux/Ojibwe/ Odawa, there was a code of conduct, a set of lessons, derived from the Law of the Orders. These were the Ginamadawinan, taught and understood by each generation. They spoke of what was appropriate behaviour, what was forbidden and the responsibility ensuing from each. These laws pertained to the relationships among human beings as well as the awesome responsibilities of co-existence with members of the other orders.” “For others, the governance must reflect the mission of the institution which means that it must be a reflection not of contemporary institutions of higher learning but a reflection of the cultures whose histories, languages and ways of being the institution is mandated to protect, preserve and disseminate. These people claim that the real professors are the Elders because they have the knowledge, which is not currently evident in the other institutions. These individuals see it as necessary to have community members [decision-makers currently being Chiefs] on the Board because the mandate of the institution is a community-based one and only people with community connections can understand when a decision needs to be taken which protects the integrity of the particular mandate of the institution. Traditionally education was a community responsibility. Each Odawa became an important part of the community, at birth. Each child was celebrated and welcomed and each person in the community with a particular skill set taught the child what he/she needed to know to be a member of our community.”

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“I have seen the new students coming with the things that they have learned in the First Nations schools. I see young people coming with an openness, an awareness, a thirst to know about their heritage. I believe that the primary and secondary schools in our communities are doing a good job in preparing our youth to want to learn more about being a person of worth within their own nation. They come to use expecting us to teach them more about who they are. The education here is transformative for many young people. Our job as a University is to graduate not just scientists and educators but ‘Saulteaux’ scientists and ‘Cree’ educators. Our task is to determine what must be taught in the 21st century to ensure that the students know what it means to be ‘Saulteaux’ and ‘Cree.’ In my view, part of what makes us ‘good Saulteaux’ or ‘good Crees’ is our relationships with Kihze Manito, Mother Earth, the Animal World, and each other. To teach people to act in a good way and to build good relationships, we must model that way. We must teach from our value base. We must govern from our cultural base. If we don’t, we will be no different from other institutions. Our students will graduate as good scientists and still not know what it means to be a ‘good Saulteaux,’ ‘good Dene,’ ‘good Dakota/Lakota/Dakota,’ or ‘good Cree.’”

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4.8 INTERNATIONAL HIGHER EDUCATION STANDARDS

4.8.1 International Our exploration of international governance standards started with a global search to identify different forms of governance as well as the general terms that are used to describe governance in higher education around the world. From there we began a search for research-based models of best practices in higher education governance. We also examined the models that are currently used in the indigenous higher education institutions around the world. Finally, we examined many of the standards represented by accreditation organizations for both North American and international schools. From this investigation we will present a set of general guidelines that we have used to develop suggestions for the FNUniv. By merging these guidelines with traditional First Nations concepts of Governance, we will provide a set of principles and structures that are understood by all parties interested in the effective governance of the First Nations University of Canada.

4.8.2 Different Forms “Universities can be considered among the most political institutions in society. The evolution of these establishments since the foundation of the first universities is a history of political conflicts… (1)…[T]hroughout the history of the university, these political conflicts have emerged along two dimensions. One dimension involves the relations of the university with established external powers (the Church, the State or economic powers). The second dimension involves power relations within these institutions’ governance and organization, as well as faculty and student participation.” (4) (Ordorika, 2003). “Government suggests government activities backed by formal authority…whereas governance refers to activities backed by shared goals that may or may not derive from legal and prescribed responsibilities… it embraces governmental institutions, but also subsumes informal, non-governmental mechanisms.” (Rosenau, 1992, 4, cited in Padure and Jones, 2009, 113) A general search for documents on international governance highlighted a number of the challenges that researchers face when discussing “governance.” Simply the number of different terms academic areas use in the discussion of governance ranges from organizational behavior to decision-making. Not surprisingly, there are also a wide variety of goals, tasks, and responsibilities represented in the literature about international governance. When you add to this list an exploration of indigenous or first Nations Universities, the result becomes a broad array of organizational duties. We will describe a current sense of the general discussions of governance and their historical development, finishing with a sense of how governance is perceived in the international community today. Governance in higher education is diverse around the world, but common themes on structures exist, both historically and within current changes. The diversity is not only from the different regions, languages, and cultures, but also from the political relationships between the institution and the state, the age and mission of the institution and its relationship to either current market forces and student accessibility (i.e., how does it merge student

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preparation for job market to student education, pedagogy and university culture—goals that can compete). The roles between political institutions and the university as well as the market forces are integral in university governance. Studies of higher education governance used to think of this as a three-pronged model, but with globalizing forces growing and by looking closer at the role of non-profit organizations, non-state actors, and the diversity in government policies between the federal, regional, local, etc., many are looking at network analyses of higher education governance. The network analysis of higher education governance (Padure and Jones, 2009) seeks to analyze “the nature, impact and variety of international, regional, and policy networks that link universities, international organizations, national governments, interest groups, epistemic communities, and individuals” (107). They argue that the lines between the Higher Education Institution and the political state (and businesses and non-profits) have become increasingly “fuzzy” and as a result, these relationships are more diverse and complicated (e.g., massification of higher education, research in private business, and public administration). They cite the example of the Rockefeller Foundation and the California Institute of Technology as a relationship where a funding source permeated the academic infrastructure. Foundation executives served as CIT trustees and co-directed the research priorities and direction of the university. Padure and Jones also worked through a Canadian example between universities and the province of Ontario in what they call a “complex web of fluid relationships.” This essentially concerned how individuals and groups from the university impact government and political policy (faculty serving as policy experts and advisors, student and faculty groups representing member interests). For FNUniv, a multi-pronged policy network is one way to read the governance influences between FSIN, the Canadian federal government, and the Province of Saskatchewan. This doesn’t suggest that this is how the governance should run but rather how competing forces intercept the governance process. In addition, market players enter as influencing funding access and creating demand for specific programs and degrees, as well as specific First Nation governments, elders and groups outside FSIN policies. Thus, the policy network model here refers to the multiple components that FNUniv’s governing structure must negotiate. Finally, in the general notes on Higher Education Institution governance, in their analysis of Italian higher education, Gianfranco Rebora and Matteo Turri (2009) have utilized an analysis by Olsen (1988, 2005, 2007), and Gornitzka and Maassen (2000), and suggest a framework analysis for determining the direction of university governance. They build this framework based on how decisions are made within or outside the institution, what purpose the institution serves, and whether the decisions have shared or conflicting aims. Variables 1. Instrumental versus institutional: The university is either an instrument of policies and intentions of different stakeholders; OR, an institution mainly driven by internal requests and aims.

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2. Shared versus conflicting: The role of actors who influence decision-making and the fact that their aims and standards of behavior are either shared OR conflicting. They constructed a framework, based on these variables in terms of “locus and focus” (Figure 1). In this framework, locus is looking at direction of control (internal as actors who associate outcomes with their efforts and external as those who believe they cannot control events) and focus as the area where interests are either shared or conflicting (need to be negotiated) between actors. Figure 7: A Framework Analysis for University System Governance

Governance, as represented by the “board of governors,” has been around in higher education for a very long time. These boards of governors have always been political entities throughout the history of education. Examples of federally run higher education institutions, state run institutions, and even higher educational institutions with clearly stated political biases and goals exist throughout the world. Education is not an isolated topic like the building of a car. Education is a process of shaping the future of a nation. Whether it is building the foundation of values and social understandings that allow a population to participate in its political system or the training of an effective workforce, decisions about education are inherently political. Yes, the educational world in western tradition has a set of rules and guidelines that establish validity within each division’s paradigm, but the choices of what areas to emphasize and how to teach them has been a part of political, religious, and economic debate throughout the history of international education. MAB II & Associates, LLC Page 101 2/17/10

At the same time, the funding of these decisions is an economic reality that all governments face. What is the value of an education: to a society? To an individual? To an economy? These are fundamental questions that impact the missions of educational institutions as well as the structures that govern them. How an education is paid for often has placed serious restrictions on the freedom of academic inquiry. To combat this, over time, faculty organizations and committees have sprung up throughout higher education to protect the educational integrity of the research and writing conducted at these institutions. In the western academic tradition, it is accepted that the validity of academic research is protected and enhanced by the separation of political influences from the researchers. However, this does not mean that these political influences do not play a role in higher education in almost any institution that you might visit. The funding of education has also been shifting from the political arena to the private arena. In the 80s and 90s in particular, the role of the board and the CEO of educational organizations has shifted particularly in North America but also in institutions around the world, to fundraising. At the same time, the membership of boards has shifted more from educational specialists to those who are capable of providing both fiscal and political influence to support the university. These contemporary shifts are marked by aspects of “corporate governance,” which include a managerial style of administration (in lieu of the old “collegial” model), a differing and/or diminished role of the political state, and competitive attitudes about the “knowledge economy.” This impacts the changing cultures of universities, especially relationships between faculty and administration (McMaster, 2007) as many universities are run increasingly from a business perspective with Human Resource departments, public relations, etc. The levels of autonomy universities have differs, but within the literature there is an understanding of the university as relatively autonomous but interdependent with local, regional and state governments, and corporate factors. Even without the economic necessity of generating funding for the university, there are many other political factors involved in the governance of any higher education institution. National educational standards, accreditation, and unions for teachers all influence the choices that institutions make. Curriculum choices are often guided by standardized exams, national regulation, or simply mandated content by trades whether they be doctors and lawyers or welders and carpenters. All of these standards affect every component of a university. Universities therefore represent the crossroads of a complex set of political stakeholders, economic pressures, and cultural demands. Often built over time, higher educational institutions have developed governance systems designed to slow down change, maintain tradition, and protect the organization from the outside influences. Unfortunately, these systems also provide roadblocks to effective change and often prevent the organization from pursuing their mission/goals. In effect, there is no link between mission of the university and the systems that exist to implement that mission. The missing link between the purpose of the university and how to implement that mission/goal often leads to a clash between managerial capacity and a traditional notion of “academic culture” (collegial models where faculty et al. are autonomous and not managed

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or directed). For FNUniv, the culture is even more unique because it not only possesses a university culture but also, as the only First Nation run university in Canada, it has carried the responsibility of cultural preservation from its inception. This connotes a unique historical and political importance embedded in the culture/mission of the First Nation University of Canada. Ray Barnhardt (1991) wrote this on the institutional culture and innovative possibilities of indigenous institutions: “Having already challenged the status quo by their very existence, indigenous institutions generally are not hesitant to extend their efforts at innovation into the arena of accreditation standards, regulatory guidelines, curriculum reform, etc. From the point of view of the survival of their culturally-oriented, community-driven service missions, it is in the best interest of such institutions to find ways to redefine and expand the scope of the standards by which they will be judged, so the accreditation review process can accommodate their unique attributes, rather than accommodate themselves to pre-established standards that disregard their uniqueness, and thus put their basic mission or "raison d’etre" in jeopardy. Taking the matter one step further, some tribal educational institutions in the U.S. have even begun to explore the possibilities of establishing their own independent accreditation association, and thus by-pass the existing system altogether.” Barnhardt is suggesting that the unique responsibilities of indigenous institutions require them to actively look for unique governance structures. Generally, universities are internally governed by a board of regents or directors; university president or CEO with chancellors and staff; faculty senates; deans; department chairs/heads; and a form of student representation. (Note: The influence of students differs in institutions. For example, student unions/organization in Italy and France exert a great deal of influence as compared to internal upheavals between students and administration like in the University of California system, Mexico, etc.). In many international examples, the governance structure has diversity in approach and power relationships. The relationships these institutions have with their federal, state/province and regional governments are multifaceted between issues of accreditation, funding access, and other areas. Christopher Hood (Oxford) characterized four models of higher education institutions, noting that many more exist (2009, xxv-xxvi). These portray how the higher education institution (Higher Education Institution) relates to the rest of society. For example, the university works as… 1) An organ of the state or “establishment”: nation-building institutions/guardians; they preserve a political or religious orthodoxy; can be ethnocratic. 2) A self-governing society: autonomous; students play key part in the politics and social organization (developing and developed nations both).

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3) Firms in a market for the production of “knowledge services”: economic viability and business competition; use market analogies, private corporate style-governance and business ethos in research, consultancy, and teaching (e.g., privately owned universities in East and South-East Asia; many in Western countries using aspects of this approach). 4) “Organized anarchies”: goals are problematic rather than agreed on; links between cause and effect in governance are unclear; decision- making involves an ever-changing cast of characters over a fixed group with clear institutional boundaries. Although “Organized Anarchies” is the least efficient (and would terrify the business managerial approach), Hood notes that it has worked for some institutions and is a way to “organize” disparate research. What that suggests is two-fold. First, this approach may be a default of some Higher Education Institutions. Secondly, and more importantly, this approach attempts to deal with various stakeholders within the internal structure of the university, and different avenues of research and disciplines. Unlike models 1 and 3, which have clearly defined albeit strict conservative goals, methods 2 and 4 have more diversity in governance structure. How to create a functioning system, while incorporating the differences, alludes to the real challenge. With FNU, its mission is clearer than the “organized anarchies” model, but the diversity of stakeholders is part of its governance challenge.

4.8.3 Indigenous Models of Higher Education As discussed, depending upon the relationship between the Higher Education Institution and the state the degree of political influence differs. And as will be noted, the market and private economic factors play a critical role in the governance as another stakeholder, often wielding as much influence as the political state. For Canada, accreditation and governance issues in higher education are predominantly administered on the provincial level—although the fact that Indian Affairs falls under the federal government, creates an aspect of influence from the Canadian government to First Nations University. Shanahan and Jones (2007) write that FNUniv and a growing diversity in Canadian higher education (which formerly was a “binary structure” of universities or non-degree-granting post-secondary institutions/community colleges) doesn’t easily fit into the traditional Canadian system. They write that challenges exist for FNUniv, a new Mennonite university, and a northern university in Manitoba being classified in the provincial systems. Primarily, provincial governments are trying to address the differences through transfer arrangements in other sectors and creating intermediary bodies to review applications for new universities or new programs. Additionally, there are unresolved accreditation issues for the new institutions

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and programs because there is no national mechanism in Canada (based on old assumptions of Canadian universities being “roughly equal” 66. Shanahan and Jones observe that because of the old binary system, “coordination structures and policies have tended to be sector-specific.” There is a growing use of cross-sector councils, but they serve in a more advisory capacity. In terms of accountability for these Higher Education Institutions, coinciding with direct funding to the institution, the accountability policies are built between the individual institution and the government, with specific obligations. In addition to these observations, the authors argue that Canadian higher education funding has changed from indirect transfer payments to the federal government funding research based on political agendas, increasing their influence in higher education. At the same time, Higher Education Institution funding has responded to industry demands in the delivery of education and labor skills. The facets discussed by Shanahan and Jones point to some of the governance issues faced by FNUniv in terms of what their dynamic relationships between the Saskatchewan government, Canadian government and market forces - as well as the relationships with other Canadian universities. Specifically, the lack of nation-wide accreditation and other system wide standards appears to be less emphasized than institution-specific. The following are more detailed examples of relationships between political institutions and governing boards, as well as missions of the Higher Education Institution. Together this information can point to the structures and processes that constitute the governance—and how effective they work. 4.8.3.1 The University of the Arctic One example of an unorthodox higher education system operating in Canada and throughout the Arctic, with the priority of Aboriginal education is the University of the Arctic. Rather than a single school, it is a network of 60 member colleges and universities in the circumpolar region, “a decentralized university without walls.” (Paci, 2006, 96). They operate with a unique governance structure, building on international partnerships and offering faculty/student mobility programs and exchanges. Their governance structure includes a Board of Governors as the highest decision-making body, a Council of the University of the Arctic as the representative body of the member institutions, and the Friends of the University of Arctic as an advisory body. A complete detail of the governance system can be found here (including rules of procedure and a timeline for meetings); below are some bulleted details: http://www.uarctic.org/governance_structure_os_120907_asosradn_VMImX.pdf.file 4.8.3.1.1 The University of Arctic Governance System (Circumpolar North) Mission: The University of the Arctic (UArctic) is a cooperative network of universities, colleges, and other organizations committed to higher education and research in the North. Members share resources, facilities, and expertise to build post-secondary education programs that are relevant and accessible to northern students. Our overall goal is to create a

66 (Shanahan and Jones, p38).

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strong, sustainable circumpolar region by assisting in the empowerment of northerners and northern communities through education, research, and shared knowledge. We promote education that is circumpolar, interdisciplinary, and diverse in nature, and draw on our combined strengths to address the unique challenges of the region. The University of the Arctic recognizes the integral role of indigenous peoples in northern education, and seeks to engage their perspectives in all of its activities. 4.8.3.1.2 Goals: 1) Empower the residents of the Circumpolar North, by building human capital through higher education. 2) Reduce barriers to higher education in the North in order to provide increased opportunities for northerners. 3) Develop initiatives in partnership with our community, and particularly with indigenous peoples, that are responsive to their needs and support their aspirations. 4) Create shared knowledge and provide for quality discussion on contemporary issues related to the Circumpolar North. 5) Build a shared regional identity, while valuing inclusiveness and respect for diversity across the region. 6) Strengthen the Circumpolar North's Role in the World by increasing knowledge about Arctic issues.  Structure: The UArctic has two types of members: institutions of higher education and other organizations with an interest in and commitment to higher education and research in the circumpolar North. o The Council of the UArctic (the Council) directs program development and delivery. The Council acts as a forum of consultation and cooperation for the implementation of UArctic programs through members institutions. The Council has the authority and primary responsibility for: _ Initiating and overseeing program development and delivery _ Prioritizing academic programs within the approved program structure _ Representing UArctic members in its overall governance, including the authority to elect members of the Board o Board of Governors of the UArctic is the highest governing body of the UArctic, and has general responsibility for its strategic development and for setting its main priorities. The Board of Governors consists of a group of individuals - not to exceed eleven (11) – who serve in their personal capacities and who act on behalf of the UArctic. Members of the Board serve three-year terms, and these terms are renewable once. The Board has the authority and primary responsibility for: _ Strategic planning and setting institutional priorities _ Organizational development and institutional accountability _ Fundraising, finances, and budgeting (including personnel) _ Public and external relations The Board works with the Council and Administration on relevant issues and their practical implementation. The Board may delegate specific tasks on the understanding that the Board maintains ultimate control over and responsibility for these functions. The members of the Board are elected by the Council of the UArctic from slates of nominees prepared by the MAB II & Associates, LLC Page 106 2/17/10

Membership and Nominations Committee. Although Board members serve in their personal capacities, the Membership, and Nominations committee is guided by the overall goals and philosophy of the UArctic. In assembling slates, the Membership and Nominations Committee ensures general geographic and cultural representation, and gender balance.  Legal Status: The UArctic is not a legal entity in its own right, but operates under the laws and financial regulations of a host country as a non-profit organization, normally where the UArctic International Secretariat is located. Financial and legal affairs are handled through the good offices of the institution hosting the UArctic International Secretariat. The legal affairs of UArctic in other countries are handled through the good offices of individual members. All decisions regarding UArctic policies, programs, and personnel remain the responsibility of the Board, Council, and President. The UArctic retains the authority to register itself as a legal entity in one or more countries should that be deemed desirable at any time. The UArctic International Secretariat is empowered to handle a range of matters on behalf of UArctic under the terms of an agreement negotiated by the President on behalf of the University and the appropriate official of the host institution(s). 4.8.3.2 Te Whare Wananga O Awanuiarangi Council (Aotearoa /New Zealand) Created with this founding kaupapa, “To be the pre-eminent tribal University and first choice for Te Reo and Tikanga education research and development in Aotearoa,” the Te Whare Wananga O Awanuiarangi provides education opportunities to Maori and New Zealanders through campuses based in Wellington (Poneke), Whakatane and Auckland (Tamaki). A Wananga is “teaching and research that maintains, advances, and disseminates knowledge and develops intellectual independence, and assists the application of knowledge regarding the ahuatanga Maori (tradition) according to the tikanga Maori (custom) (Education Act, NZ, 1989, requited in Te Whare Wananga O Awanuiarangi Council Handbook, 2009-Draft, 13). Powers of Council: A Wananga is a separate legal entity, with power restricted to being exercised only for the purposes of performing functions characteristic of Wananga or other functions that in the opinion of Council can be performed that are appropriate for Wananga. Written consent from the Secretary of Education is required for financial matters (selling/disposing of assets, mortgage, grant leases and other money issues). Some powers can only be exercised by the Council and not the Tumaki (CEO), including granting fellowships, authorizing loans to staff, goods and services to staff and students, and prescribing fees. Functions of the Council: 1) Appoint CEO and act as a good employer; 2) Prepare and adopt the Charter; 3) Adopt the profile; 4) Ensure the Wananga is managed as per its Charter and Profile; 5) Determine policies for implementing the Charter, carrying out the Profile and managing its affairs. Duties of Council: MAB II & Associates, LLC Page 107 2/17/10

1) Ensuring the Wananga attains highest standards of excellence in education, training, research; 2) Principles of the Treaty of Waitangi; 3) Community participation; 4) No unfair discrimination; 5) Establishment of systems to operate finances of the Wananga; 6) Standards of integrity, concern for public interest, and student well-being. 4.8.3.3 Turtle Mountain Community College . Board Structure: . Two-tier governance structure . Five-member Board of Trustees to represent specific sectors of community: health, businesses, school, etc. . Board of Trustees (B of T) have lifetime appointments . B of T also has four (4) ad hoc members, two ()2 from Tribal Council and two (2) from Student Senate . Trustees select five (5)-member Board of Directors (B of D) who set institutional policy and direction. . B of D members are broadly representational of community and enrolled Tribal members. . B of D with the B of T appoints the President, who is responsible for day-to-day operations of college. . President appoints staff members to the President’s Administrative Council, who function as advisors to the President in college-wide decision-making. 4.8.3.4 Fort Berthold Community College67 . The Fort Berthold Community College (FBCC) was founded in 1973, chartered by the tribe in 1974, granted Candidacy for Accreditation in 1981, and ultimately granted Accreditation in 1988. . It is tribally controlled and is chartered under the Three Affiliated Tribes: Mandan, Hidatsa, and Arikara. . Fort Berthold Community College operates in an "open door" manner. All staff input is considered and can be presented without fear of personal recrimination of his or her position.

67 This is a summarized description of the Fort Berthold Community College structure. To see the complete description, refer to Appendix A

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Structure Chain of Command: The Board of Directors of FBCC is responsible for setting policies for its staff members. The Board employs the College President, to whom it delegates responsibility for the overall executive administration of Fort Berthold Community College, managing the staff using policies approved by the Board of Directors. Immediate supervisors, program directors, and FBCC staff members are also accountable to the College President. The President’s Chief of Staff and Chief Financial Officer serve as the primary contact for all FBCC personnel with regards to human resources. All FBCC communication is channeled through the President to the Board of Directors. A staff member who does not follow the stated policy of channeling information through their supervisors and the College President is subject to disciplinary action, such as termination, suspension, or probation. Board of Directors The Board is comprised of seven (7) members who represent each of the six reservation communities with one member appointed “at large”: Twin Buttes, White Shield, Mandaree, Four Bears, New Town, and Parshall. The first three communities listed are comprised predominantly of one tribe: Twin Buttes - Mandan, White Shield - Arikara, and Mandaree – Hidatsa. The other three communities are a combination of tribal mix of the three tribes. Each community and tribe is represented in the governance structure of FBCC. The Fort Berthold Community College Board adopted a Code of Ethics in 2003, defining their position and belief in the pursuit of excellence in order to ensure integrity in all their decisions. Board of Directors Code of Ethics As a member of this board, I will: o Represent the interest of all people served by the College with particular concern for my segment. o Not use the College or my services on this Board for my own personal advantage of my friends or supporters. o Keep confidential information confidential. o Approach all board issues with an open mind prepare to make the best decision for the whole organization o Do nothing to violate the trust of those who elected or appointed me to the Board or of those we serve. o Focus my efforts on the mission of the College and not on my personal goals. o Never exercise authority as a board member except when acting in a meeting with a full Board or as the board delegates me. o Not to vote on or be part of any issue or be involved in any area where there is either a perceived or direct conflict of interest. In addition, FBCC instituted a comprehensive plan to ensure that the core values were materialized in the operations of the college. This plan provided a clarification of the values as well as specific examples of implementation action points. (See a detailed description of this plan in Appendix A.)

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4.8.4 Accreditation Standards of Governance Governing board standards are diverse and draw from the governing missions of the university as well as the structures. There standards are outlined by the boards for university governance and how they operate. In addition to U.S. and European Governing Boards, the American Indian Higher Education Consortium and the World Indigenous Nations Higher Education Consortium (WINHEC) are outlined in terms of internal structures and their goals of creating higher education networks for First Nations colleges and universities. One of the goals for WINHEC is to create an international, indigenous accreditation system, a highly relevant issue for FNU. 4.8.4.1 Association of Governing Boards (AGB) (U.S.) This is the only U.S. national association that serves the academic governing boards, boards of institutionally related foundations, campus CEOs and senior-level campus administrators. AGB is committed to citizen trusteeship of American higher education. Its purpose is “to strengthen and protect this country’s unique form of institutional governance through its research, services, and advocacy.” AGB serves more than 34,000 individuals, including trustees and regents, campus/public college/university foundation CEOs, board professional staff members, and senior-level administrations. Member institutions include more than 1,200 institutions (all the major state systems). Refer to the list of member institutions at http://agb.org/agb-members Eligibility and Dues: To be eligible, institutions must be accredited (or be candidates for accreditation) by a regional agency recognized by the Council for Higher Education Accreditation. Membership also is open to other bodies: Advisory (non-governing) and quasi-governing boards of institutions or campuses within public multi-campus or statewide systems of higher education Boards of separately incorporated foundations affiliated with public colleges and universities Boards of statewide higher education coordinating and planning agencies Governing boards of independent K-12 schools Governing boards of universities incorporated in other nations as nonprofit or state- sponsored organizations On a case-by-case basis, boards of certain national and international nonprofit organizations whose missions include substantial focus on higher education may be considered for membership. Dues are assessed according to an institution's FTE (full-time equivalent) enrollment, with some special exceptions. Strategic Plan for 2006-2011 listed priorities for AGB as:

PRIORITY ONE: AGB will develop and implement a robust research agenda that will inform the association’s services to members and position the association as the primary source of information on higher education governance. MAB II & Associates, LLC Page 110 2/17/10

PRIORITY TWO: Membership in AGB will be highly valued and essential for university and college boards and presidents because of new and strengthened programs and services. PRIORITY THREE: AGB will be the national advocate for citizen trusteeship of colleges and universities. It will be the leading voice on issues related to higher education governance with state and federal policymakers. PRIORITY FOUR: AGB’s internal operations and practices will be strengthened to ensure the success of the overall plan. The AGB emphasizes that the “responsibilities of these officials and bodies vary widely among the states, but governing boards should serve as important buffers between the college or university and political structures, partisan politics, and pressures of state government” (AGB 2001:10). The AGB differentiates between governance at independent and public institutions, and institutionally related foundations. 1) Governance at Independent Institutions: “Trustees of independent colleges and universities are surrogates of the general public. They are responsible for acting on behalf of their fellow citizens and institutional founders as their individual consciences and best judgment dictate. Although they operate with much more freedom than public institution trustees, independent institution trustees have a clear obligation to act in the public interest.” Specifically on Independent Boards: “An institution’s mission statement should be a succinct and clearly worded description of its broad purpose, its distinctiveness, and who it primarily serves. It should enable trustees to judge the appropriateness of various institutional plans, budgeting and resource-allocation decisions, academic restructuring, and other strategic and policy decisions. Reaffirming or changing the institution’s mission statement ultimately is a governing board responsibility, shared with the chief executive and faculty, and—perhaps—with alumni and others. It should be changed cautiously, only after campus-wide consultation with key constituents. In the end, however, the board has ultimate authority to make adjustments.” 2) Governance at Public Institutions: “Service on public college, university, or system boards is challenging. Public colleges and universities have become larger and more complex than most independent institutions. Their number has grown explosively since 1940, their boards are scrutinized more intensely, and special-interest groups of all persuasions assert their demands. “Public colleges and universities enroll more students and are governed by smaller boards than independent institutions. Of the 50,000 trustees and regents in the United States, fewer than 10,000 govern public institutions. Simply put, a small number of public institution trustees, perhaps too few trustees on too few governing boards, make decisions that affect millions of students. Each individual trustee, therefore, is critically important to his or her institution. “Public trustees serve colleges and universities that are "owned" by citizens (not government bodies or officials); they are responsible for acting on behalf of the public as their individual consciences and judgment dictate. The citizen board--regardless of whether its members are

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appointed or elected--has emerged as the best alternative to governmental control of higher education. Public institution trustees stand at the center of a system of checks and balances that permits them to delegate their authority--but not their responsibility--to their chief executives, faculty, and students. “Further, they must consider how public higher education should be financed in an era characterized by limited resources, competing social needs, and political agendas that often seem capricious. “Public institution trustees must follow the letter and spirit of open-meeting laws, even though doing so occasionally impedes conscientious governance. Consequently, it is not always possible to say all that should be said in public meetings. However, open-meeting laws never should be used as an excuse to avoid difficult questions, refrain from candid conversations on issues of the day, or for grandstanding and speechmaking.” Specifically on Public Boards: “Virtually all policy decisions a board ultimately makes or affirms should reflect what the institution or system of institutions is and strives to be. An articulate and compelling mission statement, in both strategic terms (the long view) and operational terms (a more immediate view), should guide everyone who has a decision- making role. A kind of “mission mania” currently is sweeping the nation, and with good reason. The tremendous growth of public higher education inevitably causes governing boards and policy makers at all levels to reassess what colleges and universities are doing and providing, especially in a period of slow economic growth.” 3) Governance at Institutionally Related Foundations: “Institutionally related foundations play a vital role in raising and managing private resources in support of public institutions of higher education. Unlike private grant-making foundations, college and university foundations are typically incorporated as public charities under section 501 (c)(3) of the Internal Revenue Code. As non-state entities, foundations can often facilitate gift transactions, enable the acquisition and development of real property, and pursue investment opportunities that might prove inefficient or impractical for a state institution. Foundations also serve as stewards of privately contributed resources, ensuring that they are used in compliance with donor intent and maintained separately from public funds. Public institution presidents and trustees historically played a smaller role in fundraising compared to their counterparts at private institutions. While public institution boards are typically politically appointed, foundations can recruit individuals to their boards with the specific capacities essential to effective fundraising leadership. The ability to engage committed, affluent, influential, and independent volunteer leaders is perhaps the most important rationale for institutionally related foundations.” 4.8.4.2 American Indian Higher Education Consortium (U.S.) AIHEC includes 36 Tribal Colleges and Universities (TCUs) in the United States and one in Canada. Each of these institutions was created and chartered by its own tribal government for a specific purpose: to provide higher education opportunities to American Indians through programs that are locally and culturally-based, holistic, and supportive. As part of AIHEC, the colleges work together to influence policy and establish programs in all facets of higher education. They receive technical assistance in key areas; network with

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one another, federal agencies, other institutions, and potential partners; mentor new institutions; and plan new initiatives to address evolving areas of need. AIHEC activities are supported by member dues, grants and contracts. AIHEC is a 501(c)(3) organization governed by a board of directors, which is comprised of the presidents of its accredited U.S.-based TCUs. The board elects from its membership an executive committee to oversee the activities of the collective body and the AIHEC staff. The structure includes a board or directors (elected annually from the 36 tribal colleges), which constitutes the executive committee of the AIHEC, and a board of directors that includes the presidents of each tribal college that is a regular member of the consortium. AIHEC has many programs, serves as a liaison and lobbies the U.S. federal government for grants for colleges and publishes the highly regarded “Tribal College Journal.” Among their programs and inter-institutional networks are ”Alliance” (a coalition with the Hispanic Association of Colleges and Universities, National Association for Equal Opportunity in Higher Education, which supports the shared interests of AI, Hispanic and Historically Black Colleges and Universities) and the World Indigenous Nations Higher Education Consortium (see below). 4.8.4.3 World Indigenous Nations Higher Education Consortium Launched in 2002, WINHEC founding state/country members included Australia, the states of Hawai’i and Alaska and the American Indian Higher Education Consortium of the United States, Canada, the Wänanga of Aotearoa (New Zealand), and Saamiland (North Norway). The purpose of WINHEC is very similar to the mission statement of FNU of Canada except its primary focus is on World Higher Education rather than the more regional focus of FNU of Canada. The WINHEC ACCREDITATION HANDBOOK (Appendix D) provides the framework for establishing a cultural foundation for an indigenous university. In addition, Appendix A of that document provides a detailed example of how the Alaskan Cultural Standards could be used to build appropriate epistemological and pedagogical models. WINHEC emphasizes that each community must develop its own standards and will be accredited using those standards as a measure of the success of the program.

4.8.4.4 Association of African Universities The Association of African Universities (AAU) is the apex organization and forum for consultation, the exchange of information, and co-operation among institutions of higher education in Africa. It represents the voice of higher education in Africa on regional and international bodies and supports networking by institutions of higher education in teaching, research, information exchange, and dissemination. The AAU, headquartered in Accra, Ghana, was founded in Rabat, Morocco, on November 12, 1967, following recommendations made at an earlier conference organized by the United Nations Educational Scientific and Cultural Organization (UNESCO) in Antananarivo, Madagascar, in September 1962 for the formation of an apex organization. Although there are efforts underway to establish standards and accreditation tools, the AAU has focused its efforts on Management and Educational evaluation rather than governance. MAB II & Associates, LLC Page 113 2/17/10

4.8.4.5 New England Association of Schools and Colleges The New England Association of Schools and Colleges, Inc., one of six regional accrediting bodies in the United States, is a voluntary, non-profit, self-governing organization having as its primary purpose the accreditation of educational institutions. Through its evaluation activities, carried out by six commissions, the Association provides public assurance about the educational quality of those schools and colleges that seek or wish to maintain membership, which is synonymous with accreditation.

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4.9 KEY INTERNATIONAL HIGHER EDUCATIONAL STANDARDS FOR SUCCESS

Figure 8: The Six Key Dimensions of Effective Boards

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As we look into best practices, it is important to recognize that there is a difference between research-based models and simply stories about good ideas from “the field.” The literature includes many descriptions of governance systems that have developed over time. Many of these systems can be demonstrated to be effective in their specific environment. Some of those systems may be transferrable, i.e., if you take the system from one organization to another, it will still work. Other systems are in place by governmental fiat or political necessity. Research-based models examine a number of these systems, measure whether or not the system is working, and then try to identify the components of the system that contribute to that success. As we talked to experts in the field of Higher Education Governance and read many discussions of the topic, we were repeatedly referred to research first presented in “The Effective Board of Trustees” (Chait, Holland, Taylor, 1993). In this seminal work, the authors interviewed over 108 board members at twenty-two schools. From these conversations they developed a set of best practices, or “dimensions,” found in successful boards. These dimensions, although not necessary in every board, represent a set of considerations that every board will benefit from examining. The research suggests that by setting up practices that promote success in these dimensions, you will benefit from the experience of others and create an organization with a “best” chance for survival.

4.9.1 The Contextual dimension. “The board understands and takes into account the cultural norms of the organization that governs. The board • Adapts to the distinctive characteristics and culture of the college's environment • Relies on the institution's mission, values, and traditions as a guide for decisions. • Act so as to exemplify and reinforce the organization's core values.” In essence, this dimension ensures that the board’s actions are consistent with the mission and core values of the organization. In particular, it is important that the board recognize their responsibility in codifying, documenting, and communicating the fundamental mission, values, and traditions of their organization. Finally, the foundation of this dimension is that the board acts in accordance with the values that the institution and codes that it espouses, practices what it preaches.

4.9.2 The Educational dimension. “The board takes the necessary steps to ensure that trustees are well informed about the institution, the profession, and the board roles, responsibilities, and performance. The board: • Consciously creates opportunities for trustee education and development. • Regularly seeks information feedback of its own performance. • Pauses periodically for self-reflection, to diagnose its strengths and limitations, and to examine its mistakes.”

This dimension emphasizes that it is the board’s responsibility to ensure that it has the knowledge and skills to perform its duties. Not all board members will be from a university background and will benefit from discussions of higher education management. Others will MAB II & Associates, LLC Page 116 2/17/10

be less familiar with the core values of this specific institution and will benefit from clear and supportive education in those values. Others will be less familiar with financial concepts and would benefit from simple explanations of the financial decisions that they are asked to make. Implicit in the education dimension is the need to assess strengths and limitations of the board to accurately determine what concepts must be strengthened. The most effective way to do this is to set up procedures for feedback and periodic self-reflection on what the board is doing well and what the board could do better.

4.9.3 Interpersonal dimension. “The board nurtures the development of trustees as a group, but tends to the board's collective welfare, and fosters a sense of cohesiveness. The board: • Creates a sense of inclusiveness among trustees. • Develops group goals and recognizes group achievements. • Identifies and cultivates leadership within the board.” One of the most important findings of the research was that boards must act as a unit. All members of the board can and should be allowed to have a say. Meetings can be rancorous and heated. Consensus or majority voting can be used for decision-making, but, in the end, once the decisions are made, the voice that emanates from the Board must be one of unity. To facilitate this, boards must actively promote the sense of group. Group goals must be established and success recognized. Paths to leadership must be identified and those on the path nurtured by those who are more experienced. If everyone feels they are on the same team, working towards the same goals, the organization will benefit and the board will find it easier to present a common voice.

4.9.4 Analytical dimension. “The board recognizes complexities and subtleties in the issues it faces and draws upon multiple perspectives to direct complex problems and to synthesize appropriate responses. The board: • Approaches problems from a broad institutional outlook. • Searches widely for concrete information and actively seeks different viewpoints from multiple constituencies. • Tolerates ambiguity and recognizes that complex matters rarely yield perfect solutions.” People join boards for many reasons. All should be joining the board out of a need to help. But it is important for members of the board to recognize that higher education organizations are complex. The bottom line is not a found in a spreadsheet, but in the successful and productive lives of its graduates. Human education is a full of vague, subtle, and tangled challenges. To solve the challenges, it is imperative that multiple points of views be accessed, honored, and explored. At the same time it is important for members to realize that some problems cannot be solved and the most tangled do not have perfect solutions. People will often end on two sides of the same fence, but due diligence will promote solutions that best serve the whole community.

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4.9.5 Political dimension. “The board accepts, as one of its primary responsibilities, the need to develop and maintain healthy relationships among key constituencies. The board: • Respects the integrity of the governance process and the legitimate roles and responsibilities of other stakeholders. • Consult often communicates directly with key constituencies. • Attempts to minimize conflict and win/lose situations.” All boards are political. Sometimes the politics get in the way of good governance. Effective boards find ways to manage the potential for conflict. Good boards create protocols for delineating the space between the board and management, creating explicit guidelines to maintain and protect the roles and responsibilities of other stakeholders. An important part of making these roles clear is the ability to establish and maintain open communication channels between key constituencies. Each group of stakeholders from faculty and students to the community and leaders must feel they have the ability to have their voices heard. They must also have clear and consistent reporting of the actions of the board. Open communication channels minimize the risk of misunderstanding and help to diffuse the pressures surrounding controversial board decisions. Open communication channels also provide the board with a complete picture of the political pressures that might exist in the community, allowing the board to avoid win/lose situations and protect the wishes of all stakeholders.

4.9.6 Strategic dimension “The board helps envision and shape institutional direction and helps ensure a strategic approach to the organization's future. The board: • Cultivates and concentrates on processes that sharpen institutional priorities. • Directs its attention to priorities or decisions of strategic or symbolic magnitude of the institution. • Anticipate potential problems and acts before issues become urgent.” The board is the practical, legal, and symbolic captain of the organizational ship. It is important that the board focus its efforts on broad view decisions. The board understands the organizational mission and core values better than anyone. Therefore, the board is tasked with setting the long-term course for the organization. This involves the setting and reviewing of long-term goals, developing a strategy for implementation, and a defensive approach that anticipates bumps in the road and steers a course around them. Finally, it is important that the board recognize that stakeholders can view the organizations through many different lenses. Long-range strategies must provide political, human, and symbolic components of any strategy that they implement. The Effective Board of Trustees, Thomas P., Holland, Barbara E. Taylor, American Council on Education, Series on Higher Education, Oryx Press

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4.10 RECOMMENDATIONS We sought to achieve many goals through our research design. We wanted to build a firm understanding of the needs of FNUniv as expressed by the community stakeholders. We wanted to engage in these conversations in a good way and to understand the traditional governance values of the Cree, Saulteaux/Ojibwa, Dine, and Lakota/Nakota/Dakota nations. We feel that this foundation provides us with a starting point for understanding the needs of FNUniv. We also bring to the table a wide range of experiences and expertise to add to our detailed investigation of international standards and best practices in both indigenous and western contemporary higher educational institutions. In the following pages, we will present focused discussion of what we have discovered. This will include major areas for improvement as well as areas that are already being done very well. From the list of needs and our understanding of best practices, we have built a series of possible models. These models represent: The FNUniv Final Model The FNUniv Interim Model A blended Model that represents common practice in North American Tribal Colleges A Canadian Model that comes closer to current Canadian practice A U.S. Model based upon a State Government Higher Education System MAB II & Associates, LLC Page 119 2/17/10

Figure 9: Elders - Educating our Future...

A model based on current European practice A model that we have customized to match FNUniv We have also built a set of criteria that we have used to evaluate each of the models. 4.10.1.1 Criteria Any model of governance must serve the primary goal of meeting the needs of the organization as expressed in the mission statement. In the case of FNUniv, that means does the model allow for the promotion, maintenance, and active preservation of First Nations culture and language? This fundamental goal is hard to quantify, but we will state this as a primary goal that all of the models meet. 4.10.1.2 Universal Success Factors There are also certain Universal Success Factors that we consider paramount in discussing any governance model. These factors are general and could be considered important in both traditional and international governance: 1. Jurisdictional Control of own Education 2. Separating Governance from Politics 3. Economic Self Reliance 4.10.1.3 Traditional Success Factors Our research provided us with a set of success factors that are supported by the traditional values of the Cree, Saulteaux, Dene, Lakota/Nakota/Dakota. We have distilled these factors into: The Model: Ensures Elders are critical in the decision-making process. Promotes healthy and harmonious relationships, not power, balancing spirituality, community, and self. Demonstrates honesty and integrity, knowing that every decision impacts future generations. Involves full participation, collective decision-making and effective communication promoting transparency. Makes the board culturally and fiscally accountable to communities. 4.10.1.4 International The international domain of Higher Education Governance contains many models for indigenous and non-indigenous governance. We have chosen six (6) dimensions for successful governance that were first outlined by Chait, et. al in 1993. These dimensions are research-based and have been accepted by many organizations around the world:

Contextual Dimension: Relies on the institution’s mission, values, and traditions as a guide for decisions, demonstrating and reinforcing traditional core values.

Strategic Dimension: Focuses on collective major decisions, establishing and implementing the institution’s priorities and long term directions. MAB II & Associates, LLC Page 120 2/17/10

Educational Dimension: The board takes the necessary steps to ensure that members are well informed about the institution, the profession, and the board roles, responsibilities, performance, and duty to self-reflect and seeks feedback on its own performance.

Interpersonal Dimension: The board looks after the growth and development of members as a group, and tends to the board's collective well being, promoting a sense of unity.

Political Dimension: The board accepts, as one of its primary responsibilities, the need to develop and maintain healthy relationships among key constituencies.

Analytic Dimension: The board recognizes there are complicated issues it faces and seeks multiple perspectives to solve problems and to develop appropriate responses. Due diligence will promote solutions that best serve the whole community. 4.10.1.5 The Models The fourteen Key Success Factors can be applied to any given governance model. We have chosen seven (7) models to use as examples of possible solutions for FNUniv: 4.10.1.6 FNUniv 2005 In 2005, the Board model that was in place consisted of 31 members. It was primarily a representative board with most members coming from tribal councils or FSIN chiefs. The Chairman of the Board also was an FSIN officer. From our conversations and research it became clear that among the Universal Success Factors of Jurisdictional Control, Separation of Governance from Politics, and Economic Self-Reliance, the 2005 governance model at FNUniv does not fair very well. Although FSIN has control of the board, the fact that FSIN supplies none of the funding for the university limits their jurisdictional control severely. In addition, the strong mix of politics with governance weakens that control even more. In the realm of traditional values key success factors, this model has also struggled. It was widely reported that elders play only a minor ceremonial role in the decision-making. Power seemed to be the primary goal of those we talked to without much discussion of spirituality, community, or self. We found it interesting that these values were strongly supported by the students while the leadership seemed to have forgotten their foundation. Although we saw no evidence of leaders behaving dishonorably, repeated reports questioning integrity and long-term vision suggest that, at best, this model has not demonstrated these values. This is because the models limited participation, collective decision-making, and very poor communication with constituents. Ironically, a model that promoted representation provided a system that emphasized confidentiality rather than transparency. This system, because it was composed of political representatives did promote fiscal accountability, although it was not clear that cultural accountability was considered a priority. Among the International Dimensions for Success, the Contextual Dimension is both a fundamental need and an area where FNUniv has faltered, particularly in the 2005 Model. It MAB II & Associates, LLC Page 121 2/17/10

was our finding that the mission, values, and traditions had taken a back burner in the decision-making process. In addition, the board’s responsibility to remind itself of the mission and core values, serving as a beacon for the organization, has been woefully minimized. We did see some consideration for long-term directions, but collective decision- making was not in evidence. Many of the challenges may come from many board members’ unfamiliarity with higher education generally, FNUniv in particular, or standards of governance. This is not a failure of the individual board members, but of the board as a whole that must both educate itself and promote healthy interpersonal relationships. The board is a unit that must operate in the best interest of the organization and promoting that sense of unity is a critical dimension. Finally, we discovered little, if any, evidence of respect for multiple perspectives to search for appropriate solutions to problems. The belief that simply having representation from multiple groups provides effective imaginative solutions seems to inhibit true and effective solutions. 4.10.1.7 FNUniv 2007 In 2007, the Interim Board was constructed. It remained primarily a representative board with members still coming from tribal councils or FSIN chiefs, but the numbers were smaller and as such the weight of political influence was lowered. The Chairman of the Board was now an appointed position. Unfortunately, the selection of the board continued to provide members with clear conflicts of interest. Since the funding and political structures of the smaller board were not changed, the ability of the board to deal with the universal success factors did not change. We felt the new board was slightly more conscious of the need for collective decision-making and more effective communication and transparency. In addition, the new, interim board appeared to be more aware of the complexity of the issues involved at FNUniv and the need to support the well being of its members. This is natural, given the climate that existed at the time of this board’s creation. Ultimately, this is a slightly better model, but still has at its core some of the fundamental weaknesses that we saw in the 2005 model. 4.10.1.8 U.S. Tribal There are myriad tribal colleges in the lower 48 states of the U.S. Each tribal college has a distinct approach based on the traditional values of that nation, the mission to the community and student body, institutional history, current funding sources, and accreditation. However, by taking a general survey of tribal colleges (several of which were cited in this document: Fort Berthold Community College and Turtle Mountain Community College, as well as others like Diné Institute, White Earth Community College and Tohono O’odham Community College), overlapping structural pieces emerge and aid this analysis. Primarily, the board of governors/trustees at many U.S. tribal colleges is small—existing with five to 12 members, and many operate within the sacred numbers of 4, 6 or 7, or multiples of those numbers. The purpose of the board is clearly delineated in terms of serving the institution as a whole with limited terms, specific rules on nomination, and clauses on conflicts of interests. Many of these institutions have one or more Elders on the board, individuals with higher education experience and/or educational expertise. Secondly, the U.S. tribal colleges operate with a clear connection between traditional values, current education needs and service to the community in which they are based. The college MAB II & Associates, LLC Page 122 2/17/10

itself is part of the Native nation and the operating mission, course offerings (many are responsible for language preservation and proliferation to all members of the community) and service oriented degrees/job training bring together practical employment and education priorities with specific cultural and spiritual goals. We looked at a few U.S. tribal colleges as a general model. We also talked to leaders of those institutions about the critical components of their organizations. Through these discussions, we discovered that there is a wide range of perception of jurisdictional control depending on the nation and its educational system. In addition, although attempts were made to separate governance from politics in board selection, many tribal colleges have not formalized the selection process in a way that minimizes the politics involved. The economic self-reliance of these institutions also varied depending on nation. No tribal college is completely self-reliant. Although they still have a long way to go, the tribal colleges were definitely farther ahead of FNUniv in the practice of implementing traditional values and International best practices into their governance. It is not uncommon to have Elders as members of the board, often with full votes. Many boards are making explicit attempts to build harmonious relationships and behave in ways that promote honesty and integrity. In addition, there are strong, if imperfect, attempts at transparency and communication. With transparency comes a greater feeling of fiscal and cultural accountability. Many of the tribal colleges have employed consultants to promote effective board practice. This means that the boards are on their way to building systems that clarify the colleges’ missions and values, support strategic planning, and educate the board on the workings of the college. We do not feel that the tribal colleges exhibit much evidence in supporting their own members, but, along with their strategic planning, many colleges have demonstrated a willingness to reach out in an analytic sense to find imaginative solutions to their problems. Although this model has been implemented in many of the colleges for a few years, we do not feel that it matches the inherent complexity of FNUniv’s mission to preserve and promote First Nations values. In particular, the political weakness of this system threatens to generate many of the same problems experienced by FNUniv to date. 4.10.1.9 Canadian The Canadian model is very similar to the U.S. Massachusetts model with only a few exceptions. The Canadian model traditionally includes a council and a senate. These groups represent the community and the faculty, providing a conduit for communication and theoretically empowering both groups to lobby issues that are important to them. These are management level groups and, as such, do not really apply to the creation of the board. In fact, to use them in the discussion blurs the line between the board and management of the university. The selection process for the boards in Canada sometimes follow models very similar to the Massachusetts model listed below while others are much more political. It was our belief from discussing many universities that although they have a large degree of jurisdictional control over their organizations, there was less separation of government from politics and economic self reliance than in the Massachusetts model. We found that the Canadian model works harder to promote harmonious relationships. In addition, on all other

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dimensions, we found that the Canadian model fared well. Similar to European and U.S. models, we found the Canadian model to be highly accountable culturally and fiscally to its communities. 4.10.1.10 U.S. Massachusetts The U.S. University of Massachusetts model, comprised of over twenty schools, has been developed by International Specialists in Higher Education. It is therefore not surprising that it is very strong in almost all aspects of that model. The state governor appoints someone to chair the nominating committee. The chair then chooses the members of the nominating committee and the committee, in turn, selects the board. The chair of the nominating committee only recommends people for the board who have previous experience as board members. In addition individuals are selected across demographic and expert guidelines to provide a racially and technically balanced board. We feel the growth of the board as individuals is sometimes ignored. However, the strong culture of separation of politics from governance, and the sense of independence of Massachusetts voters, both work to ensure that governance of the University does not fall victim to political influence. The area of economic self-reliance is a bit more challenging, although it does not seem to have been much of an issue over the last twenty years. It is difficult to compare the traditional factors in this model. To our knowledge, an equivalent advisory group does not exist in Massachusetts upon which we can draw comparisons. Many board members on our team, who are knowledgeable about Massachusetts boards, reported that these boards are not noted for promotion of harmonious relationships. We do feel, however, that they are marked by high levels of honesty and integrity as well and a recognition of the long term impact of its decisions. Boards of public institutions are required to communicate with their constituencies and meetings are published as part of the public record. This ensures transparency and ultimate fiscal (if not cultural) accountability. This is a very effective university system for Massachusetts. However, the lack of cultural foundations in the system’s mission shows there is no need for the state to deal with this challenge. That makes this model a less practical match for FNUniv. 4.10.1.11 Europe (Austria) Austrian Model of Higher Education Governance In 2001-2002, the Austrian higher education system went through of series of reforms. Previously, a typical Austrian university had more than 200 committees made up of over 2,000 educators and 400 students. The higher education system had historically been a closed, hierarchical system within each academic department: the departmental chair sat at the top of the food chain, holding a monopoly over the discipline, staff, and faculty. Democratizing reforms were introduced in the 1970s, which opened up representation in decision-making and a discourse of rights for all university members, but did not completely end the former policies. Further reforms and market factors introduced the idea of a performance-based reward system and a more corporate, managerial culture. These managerial reforms influenced aspects of the 2002 changes: autonomy from direct state control; strong internal leadership (including decreasing the size of academic

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committees and increasing the power of managers); a board of directors with members largely outside the academy and nominated by the Ministry of Education, Science and Culture; and abolishment of tenure and civil service employment status for new appointments. To increase fiscal autonomy, each university has a lump-sum budget with performance contracts with the state, as opposed to direct state regulation over the finances. Structurally, the 2002 reforms set up decision-making power between a five-member university council, the rectorate and a university senate (12-24 members). Additionally, financial decision-making was shifted to the 18 state-run universities, rather than (as previously) in the hands of the federal government. Current Composition and Purpose: University Council is composed of five to nine external members, nominated by the Ministry and the University Senate. They appoint the rector, and decide on the organizational plan, budget, and employment structure. Rectorate is composed of the rector and up to four (4) vice-rectors. The rector takes on a senior management function, supported by a team of vice-rectors. Senate is composed of academic, administrative staff, students; majority of members are professors. Through the reforms, the Senate was retained but lost much of its administrative power, with a new charge to focus mainly on academic programs. This model has made many changes to the governance structure. The goal has been to enhance decision-making and separate the administration from politics. We find this model interesting for a few reasons. First, it highlights the fact that university governance systems have been in transition for years and, second, FNUniv is not the only university in the world to be struggling with the challenge of separating politics from governance. In addition, the Austrian model minimized the power of their faculty university council, preferring to encourage them to focus on their specialty: academics. Although we still find this model weak in the cultural support and focus on harmonious actions that are at the heart of the traditional success factors, this is natural given the unique vision and mission of FNUniv. However, on all of our other dimensions we found this a very strong model.

4.10.1.12 Our Recommended Model: Our recommended solution borrows from the best of the models examined, while building in specific components that adapt proven models to the specific FNUniv environment. At the heart of our recommended model is the selection and composition of the Governing Board. It is important that Federation of Saskatchewan Indian Nations continue to have overall control of the organization. This is consistent with any state or government run university system; however, this control must be at arm’s length – insuring the careful separation of governance from politics. The purpose of the Governing Board, on behalf of First Nations and their people, is to see to it that First Nations University of Canada achieves its vision and goals for First Nations people with the resources they have at their disposal by creating strategic, positive educational, organizational, change through good governance. In addition, the Board must recognize that it is an independent entity, first and foremost responsible to FNUniv. Board MAB II & Associates, LLC Page 125 2/17/10

members must also recognize that when serving on the Governing Board and making decisions, their primary responsibility is to the organization and not to any other constituency they may be connected to in their outside lives. Therefore, we recommend that: 4.10.1.13 The Nominating Committee

In making the selections for the Nominating Committee it is critical that the Ad-Hoc committee considers the following criteria:

The members of the Committee must have at least seven (7) years of demonstrable successful higher education board experience. The members must all be First Nations people. The members must be spiritually and culturally grounded. The must be a gender balance on the committee. 2. There must be no conflict of interest. No conflict of interest means:

4.10.1.14 The Board Throughout our journey to discover an effective governance model for FNU we were conscious of the concern that the number of board members had generated. We asked each of the groups that we talked with about numbers and membership. We also looked carefully at our international models to find standards. We learned that a board membership below 10 was not unprecedented, but was probably too small. A board membership above twenty was MAB II & Associates, LLC Page 126 2/17/10

also not unprecedented, but was probably too big. The Elders, during one of the pipe ceremonies, recommended that six would be an appropriate number based on the number of directions used in preparing the sacred pipe for a ceremony. We were also told to pay attention to the four nations. Finally, we were compelled to expand the board to include a region outside of Saskatchewan. Our team also heard many concerns from stakeholders about the composition of the Board and the skills that were represented. We decided that for the Board to support the mission of FNUniv required both cultural and higher educational technical expertise. The Elders represent the cultural center of the First Nations community and is essential to supporting the board’s mission. The areas of technical expertise were compiled from the many examples of best practice we examined. Finally, it cannot be stressed enough that the Board deals with broad institutional policy and procedures while shouldering overall fiduciary responsibility for the University. The Board does not involve itself in the management of the University. We provide a detailed discussion of this separation in section 4.10.4, but we feel compelled to present this message early and often. Only the Board is responsible for hiring, evaluating, and firing the President and the President is responsible for all other FNUniv personnel decisions. Ultimately, the President is responsible for the Institutional Management of the organization.

o Six (6) Technical Specialists, preferably First Nation persons, three (3) women and three (3) men, with the following areas of expertise:

. Infrastructure

o One (1) other First Nations person from outside Saskatchewan, either Ceremonial Elder or Technical Specialist

o The Board will also have four (4) NON-VOTING Technical Ex-Officio members, selected by the Board, with expertise in:

. Finances and Budgeting . Development, Endowment Management, Investments . Higher Education Governance . Strategic Planning and Technology

In making the selections for the Board, it is critical that the Nominating Committee consider almost the same basic criteria used for their own selection:

4.10.1.15 Board Principles and Subcommittees There are certain fundamental principles that the Board must recognize and emphasize: The Board is a unit. Its primary responsibility is to serve as a beacon of the core values represented and envisioned by FNUniv. Honesty and integrity should not be the only ideals, but also loyalty and commitment to the vision and goals of the Board and who it represents. Although decisions should be energetically discussed and evaluated, once a decision is made it is THE BOARD’s decision. The Board as a whole is then responsible for communicating that decision and actively supporting the decision. The Board is responsible for its own education on issues of culture, spirituality, core values, and higher education. The composition of the Board should facilitate that process, but the Board should not hesitate to

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reach out for expertise whenever it is needed. To that end, we recommend the following tasks for the Board:

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4.10.1.16 Board Compensation The Governing Board membership will be on a volunteer basis, meaning: no Governing Board members will be compensated and only meeting expense cost will be provided. 4.10.1.17 Board Terms The Board will function on a staggered four-year term limit basis. Board members may succeed themselves only once. This will entail the scheduling of terms of office so that all members of the Board are not selected at the same time. So, the membership terms for Board members expire in different years. Initially, the Board will comprise eleven (11) members serving four-year terms with half of the seats up for selection every four (4) years. In order to establish staggered terms of office, half of the members in the initial Board selection shall be chosen for a term of two years, with the other half of the members being selected for four years. For all subsequent selections, the Board members will be selected to a four-year term. Staggered terms is recommended because (a) such a structure makes it more difficult for an individual to gain control of a board, (b) is desirable to maintain continuity and avoid radical swings in Board composition, (c) tends to have the effect of creating relative stability in governance, and (d) encourages institutional renewal as a Board can benefit from the experience of veteran board members while welcoming fresh perspectives from new Board members. 4.10.1.18 Lead Governance Officer The eleven (11) Board members will select a willing, qualified, and gifted Lead Governance Officer (LGO) from within its membership to serve a four-year term only. The LGO, among others, will: (a) ensure the integrity of the Board’s process, (b) preside over Board meetings, (c) conduct its business in an orderly fashion based on core First Nations traditional values, inspire shared leadership, (d) build leadership, (e) manage the Board, (f) exhibit exceptional and positive oratory and listening skills, and (g) demonstrate bravery, and (h) seek peace. When the Board is not in session, the LGO’s duties will be to act as Leader of the Executive Subcommittee, and serve as the lead representative to the outside world. 4.10.1.19 Board Secretary The eleven (11) Board members will select a willing, organized Secretary from within its membership to serve a four-year term only. The Secretary, as an officer of the Board among others, will: (a) record and maintain all Board functions, policies, actions, and tasks, (b) have access to and control over Board documents, and (c) ensure the integrity of the Board’ documents by their timeliness and accuracy. Given that the role of the Secretary in ensuring the integrity of board documents will be time consuming, the use of staff hours will be necessary; although, this use should be carefully managed to not be overly excessive.

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4.10.1.20 Board Relationship to FNUniv Administration 4.10.1.20.1 Selection and Evaluation of the President The primary relationship between the Board and the Administration is the process of hiring the President. We recommend that the Board choose the President from a recommendation created by a Search Committee. The Search Committee should be composed of the faculty, students, staff, and board members. The Board will appoint one of its members as chair of the Search Committee (not usually the LGO). The Search Committee may range in size from 10 to 12 people. Faculty should constitute at least one third of the members. The faculty should elect faculty members on the search committees. We recommend that there be at least two ceremonial elders on the Committee (one male and one female.) We recommend the Committee include one student from each campus and two alumni selected by the Board. Once the Alumni Association has time to develop, we expect that selection to shift to an alumni association vote. We recommend the following:  The Board and only the Board chooses the President.  A Search Committee chaired by a Board member.  A Search Committee numbering no more than 10 or 12.  Adequate representation of faculty (at least one-third of the committee).  One student member, appointed by the Board  One local community leader, appointed by the Board.  In time, one alumni member, proposed by the alumni association and approved by the Board. Finally, we feel that the same rules regarding conflict of interest should apply to Search Committee members: . NO Current Publicly-elected Officials . NO Current Civil Servants . NO Current Provincial University Officials . NO Current Provincial or Federal Representatives 4.10.1.20.2 Relationship of the Board to the President We emphasize that the roles and responsibilities of the Governing Board and FNUniv administration are different and must not be confused. Confusion ultimately leads to organizational chaos. Generally, the Governing Board has the overall responsibility of establishing broad-based policies and strategic plans that govern the operation of FNUniv, and delegates the authority and responsibility to the administration for implementing the Board’s broad-based policies and strategic plans in a consistent manner through its annual operating budgets and plans. Separate and defined lines of roles and responsibility are absolutely essential for the organizational health of FNUniv. Thus, the Governing Board manages itself and governs, and the administration manages the organization. We call this “Institutional Management.” The Governing Board must not involve itself in the day-to-day management and operation of FNUniv.

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It is recommended that the Governing Board move on the task of working with the University management at devising written policies, codes, principles, regulations, and rules to cover all aspects of governance and management as soon as possible. This report has only begun to touch on what needs to be accomplished organizationally, and in terms of governance, for FNUniv to fully develop into a viable and efficient organization. Now is the time to focus needed attention to developing and strengthening the organizational foundation of FNUniv toward a stronger and more stable institution. We also conclude that if there is unity of purpose, cooperation, and collaboration by all stakeholders, FNUniv governance reform need not be time-consuming or exceedingly complex. It will require unselfish and dedicated leadership and careful coordination, respect, and organizational skill. We urge all stakeholders to act in the very best interests of FNUniv by fully supporting this initiative. FNUniv has been engaged in what seems like continuous governance instability at many levels including Board, Management, FSIN, Province, and INAC levels. Despite this instability, through the many efforts of its leadership, Elders, administration, students, Chiefs, faculty and staff, provincial and federal authorities, and First Nations people themselves, tremendous progress has been made. To a significant degree, FNUniv is already on its way to achieving its vision and goals. Now is the time to move to the next stage in the process: implementing its new governance structure – fully supported, with one voice and vision – so that FNUniv can achieve its long-standing goals and vision, leaving behind the governance difficulties it has had to face for far too long.

4.10.2 Institutional Management In addition to reworking the board structure, we recommend that FNUniv revisit its institutional management policies. The following commentary is a compilation of “best practices” research garnered to frame a discussion on Institutional Governance or Management. The following section is described through two separate lenses: Institutional Stability and Institutional Transparency. 4.10.2.1 Stability Role of the Board of Governors: Probably the most critical and visible foundation of stability is the “control battle” over FNUniv’s Board of Governors. Although historically the bulk of the Board members have been the elected leadership of FSIN, there have also been representatives of INAC, the Province, University of Regina, faculty members, and even students. For various reasons, each of the categories of present board members could be defined as having “conflicts of interest” in occupying board seats (see “Conflict of Interest” section for further discussion and definition). The following is a compilation of best practices to help redefine the proper role and responsibilities of the Board of Governors: • Establish policy to meet “mission” and “vision” of the organization • Promulgate policy to FNUniv administration

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• Recruitment /Separation /Evaluation of the President of FNUniv through recommendations of an Executive Committee and by full representative vote of the full Board of Governors. • Establish strategic direction of FNUniv, along with President and key members of the Administration. • Provide Financial Oversight (typically limited to approval authority of annual budgets and major capital outlays. Additional controls are through the approval of financial procedures and policies (many already established and promulgated). • Provide a balanced set of board members to reinforce the institution’s values and needs: o A holistic perspective that values the Traditional Values, Ceremonies, Culture and Community of First Nation’s Peoples o A holistic financial perspective that ensures the mission and vision of FNUniv . o A holistic legal perspective that ensures the mission and vision of FNUniv. o A holistic Human Resource / Talent Management perspective that ensures the mission and vision of FNUniv . o A holistic Higher Education perspective that ensures the mission and vision of FNUniv. o A holistic Administrative / Operational perspective that ensures the mission and vision of FNUniv. 4.10.2.2 Demarcation points between the Board of Governors and FNUNIV Administration Interactions between the Board of Governors and the Administration of FNU have become at times a focal point and frequently non-productive. The following best practices could assist in better ongoing relationships: The primary point of interaction between the Board of Governors and FNUNIV staff should be through the President and key members of the Administration and Vice Versa. The President may delegate some contacts to his/her staff. • The Board of Governors has the authority to establish policy, but it should be the responsibility of the President and Administration to enforce those policies, and for the Board then to hold the Administration responsible for proper enforcement. • The Board of Governors should not engage itself in personnel matters except for the hiring of the President. 4.10.2.3 Policy and Process Protections against future “white collar crimes” • Clear understanding of jurisdiction, venue, and definition. Establish FNUniv internal policies and procedures for violations of infractions including “malfeasance”, “misappropriation”, “fraud” etc…. • Establishment of “Internal Audit” function, utilizing Chartered Internal Auditors • Establishment of in house Chief Financial Officer / V.P. of Finance as an authorized officer and Fiduciary Agent in FNUniv .

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4.10.3 Transparency Transparency is the process of providing clear and open communication of FNUniv policies, decisions, and procedures. This includes Board Governance and Management activities. To promote transparency, we recommend the following considerations: 4.10.3.1 Vice President for Communications: To promote Transparency and effective communication, it is essential for FNUniv to have a top-level officer in charge of that communication. That person will take on the Cree traditional role of “Crier” or “the person who speaks for other people.” This office will ensure that all stakeholders hear decisions that have been made as well as insuring the ability of all stakeholders to have their voices heard. 4.10.3.2 Conflicts of Interest: For the terms of the Board of Governors of FNUniv, our study has determined that “conflict of interest” would pertain to any VOTING Board member who might have an allegiance or motivation that might hamper them from making independent and objective decisions on behalf of FNUniv. For example, a conflict of interest may be perceived with the elected leadership of FSIN because they have sworn allegiance through an oath to their respective tribal nations or constituency, which is not necessarily in alignment with the Mission/Vision of FNUniv. (For example, there might be favoritism with one’s constituency versus another constituency.) In the case of Board Members who are representatives of the University of Regina, the conflict is clear with competing enrollments (unless a full and equal partnership could be crafted).

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For students and faculty of FNUniv, the conflict resides in the lines of demarcation between Board and President; it would be a conflict for a faculty member to vote in a personnel issue involving the President, which could violate privacy standards or involve retribution. Lastly, the clearest case of a conflict of interest pertains to any representative of INAC or the Province, and FSIN should they become a funding source because that body has a broader funding appropriation duty, which could clearly be biased by siding with or against FNUniv. Ultimately, it is pertinent that FNUniv’s new Board of Governors be cleared of any perceived conflict of interest. The new Board should then establish a clear set of policies and procedures regarding “conflicts of interest” provisions into Board by laws and promulgate all FNUniv policies and procedures 4.10.3.3 Financial Transparency: One of the factors fueling the debate regarding the well being of FNUniv can be related through the perception of the “transparency” of the organization. Anything less than full transparency of FNUniv’s financial records to the public could hamper the perception of “full transparency.” In some institutions “full transparency” includes public reporting of annual budgets. For the next few years, it is advisable that FNUniv consider this as common practice to promote trust from its major stakeholders. Any material changes of management (e.g., outsourcing of major financial functions) should be handled with the utmost of transparency with all stakeholders. In the case of a major reorganization (such as outsourcing primary financial processes, or a change in officers of the corporation), the Board of Governors should be notified as well as the general populace of FNUniv to maximize the perceived transparency of FNUniv. 4.10.3.4 Financial Analysis: • Revenues are up from 2008 to 2009 ($20.2M to $22.6M), yet the bulk of the increases come from increasing Federal and Provincial Grants. Student academic fees have fallen from a five (5) year high of $5.0M in 2007 to $3.9 M in 2009, illustrating the delayed but gradual decline of enrollment. • Total Expenses are increasing from 2008 to 2009. The expenses outpace the revenues in both 2008 and 2009 ($21.2M to $22.9M) leaving a budgetary deficit in 2008 of just over $1M, shrinking slightly to $390K in 2009. • Accounts Receivables are down from 2008 to 2009 $3.4M to $2.1M. • While there was not a full historical recording in the audited financial statements, Honoraria and travel for the near 40 member Board of Governors was almost $89K vs the comparable salary and travel of $410K for the total salary of Senior Management (three top posts), thus the honoraria / travel for the Board of Governors was almost 25% of the amount for the actual Administrative posts. 4.10.3.5 Summation Declining enrollments and the lack of transparency and stability with FNUniv has led to a precarious financial position, and without strong subsidization of grants from Federal and Provincial sources, FNUniv will be forced to liquidate assets, such as the Saskatoon campus facility.

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4.10.4 Recommended Actions from an Institutional Governance and Financial Perspective

 Establishment of “Internal Audit” function, utilizing Chartered Internal Auditors

 Establishment of in-house Chief Financial Officer / V.P. of Finance as an authorized officer and Fiduciary Agent in FNUniv.

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4.10.5 Rating Models based upon Criteria

Figure 11: Universal Success Factors

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Figure 13: International Success Factors

4.10.6 Commendations The First Nations University of Canada has only been in existence for a little over twenty years time. Despite this short history, we saw many things that we were very impressed with: The Elders All of the Elders that we met with were thoughtful, knowledgeable, and willing and able to bridge the gaps between the traditional and modern worlds. Many of them have had children

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and grandchildren graduate from the university. Each expressed the belief that the university represents a critical force in the preservation of their culture and traditions. Culture and Language Focus The mission and goals of FNUniv are impressive. It is not an easy thing to preserve and promote a culture. Western schools serve that purpose, but there are over 4,000 universities in North America alone. The First Nations University stands alone and is well on its way to success. The Students We cannot speak highly enough about our level of confidence in the students of FNUniv. Each campus displayed a range of skills, commitment to values, passionate concern for the university, and an intense desire to make things right. They were eloquent and thoughtful. Above all else, the foundation of FNUniv must be restored to allow these outstanding representatives of First Nations people to continue their education. The community By the community, we mean everyone involved with FNUniv. We were impressed with the fundamental passion each stakeholder has for the future of this institution. Elders, Veterans, Students, Faculty, Staff: all expressed a deep sense of commitment to make things right. The Board As a unit, previous boards have done a good job at getting the university started. We were impressed with the Regina campus building as a beacon of hope for the university and First Nations people around the world. It is natural for a complicated organization to have growing pains, but FNUniv must be commended for what has been accomplished in such a short time.

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4.11 REVIEW BY SOUNDING BOARD We shared our report with four outstanding leaders in the fields of Higher Education and Indigenous Economic and Cultural Development. Malcolm Gillis’ comments below are representative of the overall feeling of this group. We have edited some of the comments for consistency and have validated the edits with Dr. Gillis. Malcolm Gillis’ commentary on this Report reflect perspectives based upon: 1. Forty-six years of experience in four universities in the U.S.: Illinois, Duke, Harvard and Rice. 2. Twenty years of university leadership at Duke (as Dean) and at Rice (as President). 3. Forty years of active involvement in teaching and research in 20 nations in Asia, Africa and Latin America. 4. Nearly 15 years of experience in establishing new private universities in Germany, North Korea and Vietnam. 5. Service on seven Boards of publicly traded corporations between 1998 and 2010. 6. Activity as an occasional consultant on natural resource issues to the Navajo nation (1973-1980) and occasional consultant to the Harvard Indian Project (1985-1994).

Finally, I note with pride that my great uncle Bosque John was a member of the Choctaw Nation in West Florida and South Alabama. The Design of the research that informs this report was exceptionally well attuned to the question at hand: what would be workable and durable governance structures for The First Nations University (FNUniv), considering the vision, uniqueness, goals and objectives of a university that aspires to high quality, consistent with relevant best practices elsewhere. From my standpoint, the research design reflects a great deal of thoroughness and resourcefulness. The most appropriate questions were asked and answered fully. Very careful consideration was given to the role of customs and traditions in the establishment and operation of the FNUniv. Lessons from the history of the university were appropriately derived. Best practices everywhere – across the world – were considered and relevant lessons there from were fully presented and evaluated. An extremely important element of the research design was the thorough examination of general governance history in several First Nations. These sections were immensely informative for this reviewer. I am thankful for the opportunity to learn about governance practices among the Cree. Dene, among the Nakawe speakers (in particular among the Salteaux/Objbwe/Odawa), the Lakota/Dakota/Nakota and others. I would have found it impossible to make a useful review of the recommended model in the absence of the Report’s discussion of these customs, traditions and values. The coverage of the research for this report is impressive in its completeness. Finally, the discussion of best practices elsewhere (U.S., Europe, New Zealand, etc.) was as cogent and as well informed as I have seen, anywhere.

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4.11.1 The Recommended Model The first major question to ask regarding this or any model of governance is – is it workable given the various constraints, especially the need to allow for furtherance of First Nation cultures, languages and core values? The second major question has to do with the independence of the governing board – has provision been made to remove encumbrances, political, social or economic that will prevent the Board from satisfying its responsibility to FNUniv.? As I read through the full report from beginning to end, I wondered repeatedly if the response to these two questions could be “yes.” After considering the history of governance in FNUniv and its special mission, and after a reread of the recommended model, I concluded that the answer to both is indeed “yes,” for reasons given below. 4.11.1.1 The Nominating Committee The essential keystone for future successful governance of FNUniv is, in my opinion, recommendation – The Nominating Committee. To quote: “The Ad-Hoc Committee on Governance selects a Nominating Committee. This Nominating Committee will filter and nominate applicants for membership on the Board. The committee will consist of two highly respected First Nation Ceremonial Elders, one highly regarded First Nations leader, and two exceptional First Nations Higher Education specialists.” The creation of this special, small (5 member) Nominating Committee, provides an excellent framework wherein FNUniv may prosper both as an academic institution and as a major vehicle for advancing First Nation cultures, languages and goals. With one stroke, the establishment of the committee enables FNUniv to avoid much of the disagreements and contradictions of past models of governance. Once the Nominating Committee is created, all else should follow. The five criteria for guiding the Ad Hoc Committee in selecting the Nominating Committee are entirely appropriate and reasonable. Provision #5 on conflict of interest is critical. Responsive government, as well as the history of governance changes since the seventies, seems to require that the 5 classes of persons cited as ineligible for service on the Nominating Committee should in fact be excluded from membership. 4.11.1.2 The Board Itself The recommended model specifies eleven members, seven of which must be First Nation people. Eleven is a quite reasonable and workable number for such a Board. Board sizes exceeding 20 can easily become dysfunctional. Board size over 35 usually leads either to deadlock, or to usurpation of Board authority by a small executive committee. Board size of much less than 8-10 members is too small to fit in the requisite executive and experience needed for effective a board in higher education. I have nothing to say about the requirements for Elders. This is best addressed by First Nation people, rather than an outsider. However, I note that the prescribed areas of expertise for the technical specialists are reasonable. Finally, the basic criteria used to select board members seem wholly appropriate. 4.11.1.3 Board Principles and Subcommittees The fundamental principles set forth for the Board in this section are fully supportive of FNUniv’s mission. The establishment of subcommittees will prove absolutely essential. MAB II & Associates, LLC Page 141 2/17/10

However, this recommendation could be improved. The recommendation as it stands is that the subcommittees meet quarterly (or as necessary) in conjunction to regularly scheduled meetings of the full board. I would only add: subcommittees meet quarterly just before the meetings of the full board. This enables timely reporting of subcommittee deliberations to the full board. Consideration might also be given to providing for an executive committee of the Board, to function between scheduled Board meetings should the need arise. Three or Four members may be appropriate. The provision for Board Education is especially good and forward-looking (and is consistent with best practices). The provision regarding finance represents a very good example of best practices. 4.11.1.4 Board Compensation I am in complete and full agreement with this recommendation. I know of no university Boards where compensation is offered for service, and I can think of no good reasons why compensation should be paid to Board members in higher education. 4.11.1.5 Board Terms The proposal for staggered terms not only reflects best practices elsewhere, but it is a good instrument for board rejuvenation and renewal. Furthermore, all of the reasons given for staggered terms in the report are fully valid. I have little to add on this question. 4.11.1.6 Lead Governance Officer This is one of the most important recommendations in the report. The duties of the LGO as specified in points (a) through (h) are totally consonant with the stated mission of FNUniv. Section II – B outlines further considerations regarding searches for the President. In fact, the chief task of any governing Board at any university anywhere is that of selecting the President, whether he or she is labeled a President, a CEO, a Chancellor, or any other name. 4.11.1.7 Board Secretary The four-year term limit is a good provision. The duties as sketched in (a), (b), and (c) reflect best practices. 4.11.1.8 Board Relationship to President It is vital that the Board see itself as the body that sets general policies and directions for the university. That being the case, it follows that the administration and operation of the university on a day-to-day and month-to-month basis is the responsibility of the President and only the President. One of the most common reasons for poor university governance in the U.S. has been interference by Board members in decisions, including personnel and contracting decisions, that are best left to the LGO. Recent examples that illustrate problems of this kind include North Carolina State, Illinois and Texas A&M. 4.11.1.9 Institutional Governance: Stability In my opinion, prospects for stability will be greatly enhanced by the adoption of the keystone recommendations that will provide the foundation for success: 4.11.1.9.1 The Nominating Committee.

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This mechanism furnishes an excellent opportunity to greatly narrow the scope for conflicts of interest as well as conflicts of objectives. The compilation of best practices set forth in the Report furnishes a helpful roadmap for avoiding instability. 4.11.1.9.2 Demarcation Points The first bullet point is absolutely on the mark. There is no other way to successfully run an educational enterprise other than that prescribed: “the primary point of interaction between the Board and FNUniv staff must be through the President. I would add the phrase, “the President may delegate some contacts to his / her staff.” One useful way of illustrating the division of responsibility between the Board and the President: Consider an apple tree. The Board is the trunk, root structure and branches. The President is the stem, to which the apple – the University is attached. The stem is the conduit for the nourishment that allows first the flowers and then the apple to develop; the only way for the nourishment from the roots to reach the fruit is through the stem. Contacts between the Board and the staff can and often need to be made, but only after the President is informed, and gives assent. Otherwise, serious problems arise. And, as noted in the Report, while the Board sets policies for personnel decisions, and may be asked to approve them. The Board should ordinarily not participate in the deliberations on personnel, except in the case of selection or dismissal of the CEO. 4.11.1.9.3 Policy and Process Protections This set of recommendations reflects the best of best practices. As a former President, and as a past or present member of audit committees on 6 different U.S. Corporations, I am entirely supportive of the recommendations. 4.11.1.9.4 Transparency: Conflicts of Interest This issue is of continuing concern to Universities everywhere, especially in the United States. There in the past year, a special committee of educators appointed by the Association of Governing Boards (AGB) surveyed problems of conflict of interest at the governing board level. The report of the AGB committee (on which I served) stresses the need to avoid not only conflicts of Feb. 10, 2010 7 interest, but the perception of same. This section of the Report makes similar points. If needed, I will arrange to send a copy of the AGB Committee report to FNUniv. 4.11.1.9.5 Transparency The Report rightly stresses the need for full and complete financial transparency. The measures prescribed are fully supportive of that objective. Transparency of course has dimensions other than financial. In general, all dealings of a University Governing Board should be fully transparent, except of course Board discussions where individual’s personal records are involved. It is also possible to have too much transparency. This can and does occur when transparency rules become so detailed and burdensome that neither the Board nor the University can operate effectively and efficiently. Examples include the “Sunshine Laws” of the state of Florida. Features of this law hamstring, rather than assist good governance. For example, the Sunshine Law requires that the names of all candidates in a President search must be published immediately as soon as applications are received or nominations made. Also, all deliberations of the search committee must be made public. As a consequence, the MAB II & Associates, LLC Page 143 2/17/10

pool of possible strong candidates is drastically reduced, since few sitting presidents want to undermine their present positions by a public declaration of candidacy for another. Other states have restrictive laws intended to enhance transparency, but which unduly complicate the operation of public agencies including universities. Texas, with its “open meetings” law is one of these. The lesson here is clear: yes, strive for transparency, but be careful not to follow too closely in the footsteps of the States of Florida and Texas. There can be too much of a good thing, even where transparency is concerned. 4.11.1.9.6 Recommended Actions The five recommended actions are entirely consistent with the theme and content of the full Report: The proposal to use chartered Internal Auditors is especially important. I agree that an urgent need would seem to be the appointment of an in-house chief Financial Officer / V.P. of Finance and an in-house V.P. for Community and Public Relations, to deal not only with Federal and Provincial issues but local issues as well. 4.11.1.9.7 Rating Models I am unfamiliar with the construct used in the Report. However, the models used are very helpful to an outsider trying to understand the university and its mission, as well as the problems it faces. While my expertise regarding the first 4 models (FNIUNIV 2005, FNUNIV 2007, U.S. Tribal and Canadian) is limited, I do know something of the USMA Model and the Europe (Austria) model. And of course, the MAB II model is fully presented in the Report. Thus, I will confine my comments to the USMA and Europe (Austria) models. The Universal Success Factors as listed are comprehensive. Figure 10 captures the essence of both models. With regard to international success factors, the Report is appropriately descriptive of both the USMA and the Europe (Austria) models.

4.11.2 Further Comments These comments are offered in further support of several one of the key recommendations in the MABII Report. 4.11.2.1 Size of Boards As noted in Section I, the proposed board size, at 11, is squarely within the most workable range for board size. Anything less than 8-10 members is too few, largely because the Board is too small to encompass the different types of expertise and experience needed in an effective Board. Anything larger than 20-22 begins to become too cumbersome. A Board size of 30 or more is not at all conducive to good governance, because at that size the real business of the Board typically reverts to a much smaller executive committee, rather than in consultation with the Full Board. Board size of 40 may give the impression of greater inclusively and fuller consultation, but in fact the opposite is true. The real business of very large Boards then inevitably falls to a small executive committee that may not be responsive to the views of the full board. When Boards are very large and the executive committee dominates decision making, the function of the remainder of Board members is mostly ornamental. Examples of Board size in private Universities Rice - 22 Duke - 38 Vanderbilt - 66 Harvard - 7 (6 Fellows and the President) Jacobs University Bremen - 12 (in Bremen, Germany) Examples of Board size in Public Universities North Carolina (Chapel Hill) - 24 Michigan - 10 (elected) University of Texas (Austin) - 20 In private universities, boards are MAB II & Associates, LLC Page 144 2/17/10

generally self-perpetuating: the Board itself chooses new Board members. In public universities, Boards may be appointed by the Governor (Texas, North Carolina, Florida), or elected, as in Michigan. 4.11.2.2 Selection of Chief Governing Officer (President, Chancellor, etc.) The U.S. practice differs substantially from that of Europe and South America. In the U.S., whether in public or private universities, Presidential selection ordinarily utilizes search committees to identify candidates, but the final decision is for the Board and the Board only. Representation on search committees varies. Perhaps the most common format is this one: The Board appoints one of its members as chair of the Search Committee (not usually the Board chair). The Search Committee may range in size from 9 to 15 people. Practice varies on the composition of the committee; almost always the faculty constitute the largest number of members, some times even a majority. Faculty members on search committees may be appointed by the Board, may be elected by the faculty (as at Rice), or may be jointly selected by the Board and the Faculty Senate (as at Duke). Harvard is unique: Search Committees for Presidents are dominated by Board members, with some representation from alumni. The extent of student and alumni participation varies greatly. Often, the Board itself designates one student (or in the case of Research Universities, one undergraduate and one graduate student (This is the practice at Rice, Duke and Wesleyan and Johns Hopkins). Alumni representatives on Search Committees are selected in two distinct ways: by nomination of alumni associations, or direct appointment by the Board. Continental European practice is quite different. For example, in all German public universities, the President is elected by the faculty but must be finally approved by the federal minister for education. At the private university, Jacobs University Bremen (JUB) the executive committee of the Board takes the lead in the Search; the Full Board approves the finalist. In Chile, the President of the private Catholic University of Chile is, as in Europe, selected by the faculty, but formally approved by the Vatican, in Rome. The Board of First Nations University may wish to consider which of the various models for President selection would be must appropriate. The principles I would recommend would be as follows: 1) The Board and only the Board chooses the President. 2) A Search Committee chaired by a Board member. 3) A Search Committee numbering no more than 10 or 12. 4) Adequate representation of faculty (at least one-third of the committee). 5) One student member, appointed by the Board 6) One local community leader, appointed by the Board. 7) In time, one alumni member, proposed by the alumni association and approved by the Board.

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4.12 NEXT STEPS It is clear from our observations that FNUniv has accomplished a lot in the last twenty-five years. FSIN and the school administration should be proud of those accomplishments. Now it is time for some change. At the outset, an organization is often plagued by myriad challenges. To facilitate solutions, excessive structure and governance controls are often slow to develop because they impede progress. FNUniv is now in a position where it has outgrown its early development stage and is ready to set up systems that will take it uneventfully through the century. We would like to emphasize that although this development process is not unusual, it is also not achieved through a quick fix. The process of change must be carried out over time in a thoughtful, good way. Each stakeholder in the process must feel that communication channels are open and their voices heard. Transparency and listening are the two strongest components of change in both the Traditional and International literature on governance. In particular, financial transparency and accountability as well as effective “broadcasting” of decisions must be established. To that end, we recommend the following Next Steps:

4.12.1 Board Redevelopment Once this report is received and has passed through the multiple levels of acceptance, it will be necessary to build the new board as quickly as possible. Our experience with the Ad Hoc Committee suggests that their wide diversity representing all stakeholders is a perfect platform for building the future. The Ad Hoc Committee will select a new Chairman of the Nominating Committee and that person will then begin soliciting nominees and making recommendations for the other members of the committee. When the Nominating Committee has been created and approved by FSIN and the ad hoc committee, they must quickly get to work selecting the new board. Once the Board has been selected, it is highly recommended that a formal process of Board training be implemented.

4.12.2 Establish a Capable Institution of Governance After the board has been chosen and approved, it will be necessary to go through a systematic examination of the core values of the University and establish a clear and concise vision. In addition, the board must create its subcommittees and begin establishing the foundation of structural interaction with the university, procedures for that interaction, and an effective set of guidelines for communication. They must identify a list of concerns and build a list of strategic priorities from which they will derive a set of policies for good governance. These policies should incorporate every aspect of the university from financial planning to decision-making to management to infrastructure.

4.12.3 Creation of an Elder’s Council Throughout the changes it will be important to have a body of wisdom with easy access. At the center of FNUniv’s mission is the preservation of traditional values and language. To ensure that this mission is carried out in a good way, it is very important that the Elders become more actively involved in the university. Participation in the Board is a start, but this

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must be expanded. We recommend that the Board ask for help from the Elders to establish an Elder’s Council that will be available for advice on important issues.

4.12.4 Integration of Core Values into School Governance The process does not end with the selection of the board or the creation of an Elder’s Council. We recommend that once the board has clarified the vision, the university will go through a confirmation process of those values with all community stakeholders. We hope that the new board structure will ensure these values are strictly in line with both traditional and international values. A confirmation process should include open discussions and feedback from all community stakeholders. In addition, it is critical that ceremony be at the center of this confirmation process. FNUniv must also reexamine its curriculum and procedures to ensure that they are in line with the reaffirmed vision. Speed is not as important in this effort as thoughtfulness and understanding. Process is essential, however, to ensure all stakeholders feel they are part of the community that is represented by the vision. We feel much of this unity can be provided through effective addition of ceremony back into the regular events of the university. Immediate examples of this would include a pipe ceremony and/or a sweat ceremony upon the acceptance of the new plan and a healing ceremony once a new board is established.

4.12.5 Documentation of Ethical Standards of Behavior based upon Mission and Core Values While the community is reaffirming its core values, it is critical that those values, based upon the FNUniv mission, be clearly documented. In addition, to facilitate clear communication, it is strongly urged that the university look carefully at its communication channels. A comprehensive technology plan must be created. This plan would give a clear roadmap for information management, education, and communication. An examination of how the community chooses to communicate and how to move it along effectively will allow FNUniv to build the necessary transparency that has been missing. Essentially, documentation of core values, standards of behavior, and procedures is only effective if people know where to find and access it.

4.12.6 Creation of a University Council We feel that the methods of group representation within the university must be examined. Whether a university council with student and faculty representation is needed is for the community to decide. It was clear from our discussions with a wide range of community members that communication is limited and that open expression of opinions is not encouraged. One way to minimize the perception of threats and intimidation is to provide formal opportunities for public expression of views. If these opportunities are strengthened and supported by documented procedures protecting participants, they may be successful. In the end, it is less the format of the communication than the actions of the administration and board following the events that will determine their success. Good communication requires an organization to build effective methods of persuading its members that they have been heard.

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4.12.7 Establish Alternative Sources of Revenue As we have mentioned earlier in this report, FNUniv is held back by financial controls. We hope and expect that FNUniv will begin to actively build a foundation of funds to provide the university with the autonomy it needs to fulfill its mission. Creating an endowment fund and actively developing that fund through an effective fundraising campaign will be important to FNUniv moving strongly into the future. If FNUniv limits its revenue to only what is provided by treaty obligations, it will continue to exist on a subsistence level. FNUniv’s friends and supporters will ultimately decide its true future. It cannot be stressed enough that a good governance environment is absolutely necessary for the recruitment of strong financial supporters.

4.12.8 Development/Alumni Department A new alumni council has been formed which requires developing alumni relations. In addition, it is the traditional role of an alumni office to also participate in the fundraising. We recommend the creation of an Alumni/Development office within FNUniv and the collection of alumni demographic data. From that base a multiyear fundraising campaign can be designed and carried out.

4.12.9 Description of Potential FNUniv represents an exciting opportunity for the world. As a First Nations established university, it has already built relationships with other universities around the world. The idea that we cannot only preserve, maintain and teach traditional values, but that we can create leaders who can merge those values with modern skills is very powerful. The world has a lot to learn from First Nations people and FNUniv could be the focal point for that learning. Although it seems that today that future is a long way away, it seems that change at FNUniv will represent a pebble tossed into a pond. The size of the pebble and even the size of the pond will be determined by the strength and commitment of everyone involved in the FNUniv community. Whatever the commitment, the ripples that spiral out through that pond will play a role in generations to come.

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5 Appendices

5.1 APPENDIX A: FORT BERTHOLD COMMUNITY COLLEGE Founded in 1973, chartered by the tribe in 1974, granted Candidacy for Accreditation in 1981, and ultimately granted Accreditation in 1988. The Fort Berthold Community College is a tribally controlled College and is chartered under the Three Affiliated Tribes: Mandan, Hidatsa, and Arikara. Fort Berthold Community College operates in an "open door" manner. All staff input is considered and can be presented without fear of personal recrimination of his or her position. I. Structure Chain of Command: The Board of Directors of Fort Berthold Community College is responsible for setting policies for its staff members. The Board employs the College President, to whom it delegates responsibility for the overall executive administration of Fort Berthold Community College manages the staff using policies approved by the Board of Directors. Immediate supervisors, program directors, and FBCC staff members are also accountable to the College President. The President’s Chief of Staff and Chief Financial Officer serve as the primary contact for all FBCC personnel with regards to human resources. All FBCC communication is channeled through the President to the Board of Directors. A staff member who does not follow the stated policy of channeling information through their supervisors and the College President is subject to disciplinary action, such as termination, suspension or probation. Committees: The College is divided into eight committees that meet monthly to monitor the progress of each of the goals. 1. Administrative Committee The Administrative Committee meets weekly to discuss overall direction of FBCC. The Administrative Council advises the President on all matters relating to administration of the College and serves as the HLC Steering Committee. Membership shall consist of the President, Academic Dean, Dean of Students, Chief Financial Officer (CFO), Library Director, Director of Technology Systems, Research and Development Director, Chief of Staff and the Title III Director. 2. Budget/Facilities Committee The Budget/Facilities Committee holds meetings on a monthly basis to assist the President and CFO in the overall general budget and each program budget under the College. The Financial Committee also assists in monitoring and modifying budgets. Membership consists of the CFO, Dean of Students, Director of Financial Aid, Academic Dean, Director of Technology, Library Director, Facilities/Maintenance Representative, Registrar, President, and two members at large. 3. Curriculum Committee MAB II & Associates Appendix i

The Curriculum Committee holds meetings on a monthly basis to assist the Academic Dean to ensure that the College is making effective and efficient use of its instructional resources. Student learning is key and assessment processes are developed and tested. Course development, class scheduling and development of resources in the library are evaluated regularly. Membership consists of the Academic Dean, all Full-Time Faculty, the Registrar, Director of Library Services, the Retention Counselor and the Information Management Specialist. 4. Financial Committee The Financial Committee holds meetings on a weekly basis to assist the President and the Business Manager in the approval/disapproval of all purchases whether Purchase Order or Check Requisition, Pre-Travel and Reimbursements. Membership shall consist of the Administrative Department Chairs, Project Directors of Grants and Contracts and Members at Large including the Procurement Officer. 5. Financial Aid Committee The Financial Aid Committee meets on the last Monday of each month and assists the Financial Aid Director in the review, development, and implementation of Financial Aid Policies at FBCC. Membership consists of the Financial Aid Director, Dean of Students, Business Manager, Registrar, Counselor, and President Board of Directors. 6. Learning Committee The Learning Committee assists in ensuring the Student Learning is key to all departments. Planning includes an understanding of how each department contributes to student learning. Assessing student learning needs as well as the departments contributions help to determine overall direction of the College. Membership consists of the Dean of Students, Student Senate, Academics, Technology, Agriculture, the Business Manager, Library, President’s Office, Data Manager, Title III Director, Maintenance, and the Student Senate. 7. Student Affairs Committee The Student Affairs Committee meets on the second Thursday of every month and assists the President in all matters relating to student services and student life. Membership consists of the Registrar, Dean of Students, Director of Library, Vocational Counselor, Financial Aid Director, CFO, Faculty Representative, Student Senate Advisors, and the President Board of Directors. 8. Technology Committee The Technology Committee meets quarterly to discuss technology offerings and changes. Membership shall consist of the Director of Technology, Network Support Specialist, Academic Dean, Library, CFO, Faculty Member, and a Member at Large. The administrative structure includes the following departments: Academic Student Services Technology Agriculture

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Business Office Library Services Presidents Office Research and Development Facilities and Safety The College, in its efforts to improve the financial climate of the College and gain control of spending and cash flow, instituted the Financial Committee in 2003. This Committee meets weekly at specified times with the purpose to review and approve all expenditures. The Committee is comprised of all departments and some grant administrators who meet and communicate regularly about the financial conditions of the College. The communication that occurs is valuable in assisting in the direction of the College because it occurs regularly and is a great vehicle for communication. Board of Directors The Board is comprised of seven (7) members who represent each of the six reservation communities with one member appointed “at large.” Each community is represented; Twin Buttes, White Shield, Mandaree, Four Bears, New Town, and Parshall. The first three communities listed are comprised predominantly of one tribe: Twin Buttes - Mandan, White Shield - Arikara, and Mandaree – Hidatsa. The other three communities are a combination of tribal mix of the three tribes. Each of the communities and each of the tribes are represented in the governance structure of Fort Berthold Community College. The Fort Berthold Community College Board adopted a Code of Ethics in 2003, defining their position and belief in the pursuit of excellence in order to ensure integrity in all their decisions. Board of Directors Code of Ethics As a member of this board, I will: o Represent the interest of all people served by the College with particular concern for my segment. o Not use the College or my services on this Board for my own personal advantage of my friends or supporters. o Keep confidential information confidential. o Approach all board issues with an open mind prepare to make the best decision for the whole organization o Do nothing to violate the trust of those who elected or appointed me to the Board or of those we serve. o Focus my efforts on the mission of the College and not on my personal goals. o Never exercise authority as a board member except when acting in a meeting with a full Board or as the board delegates me. o Not to vote on or be part of any issue or be involved in any area where there is either a perceived or direct conflict of interest. II. Core values materialized in the operations of the college

Earth Lodge Model Values • Northeast Pole: People MAB II & Associates Appendix iii

Supporting Values:

A) Teachings: Our ancestors and bundles have provided us a wealth of teachings Examples: 1. The College maintains a list of elders and people with expertise in culture to be resources to the College. 2. The College provides pay to consultants with expertise in the culture; commensurate to people with expertise in western skills as demonstrated by academic degrees. 3. The College continues to seek funding to better develop curricula specific to Mandan, Hidatsa, and Arikara culture. Administration for Native Americans (ANA) grant (language immersion and language camps, Indian Land Tenure Grant). 4. The College’s academic goal is to develop a two-year Tribal Studies degree program. 5. The College’s long-range academic goal is to establish a four-year degree program in Tribal Studies. 6. The College will use Mandan, Hidatsa, and Arikara culture to guide the mission, values, and self-study and all activities of the College.

B) Leadership: We must empower and acknowledge the leaders from within and cultivate our leadership. Examples: 1. The Board promoted the Registrar/Financial Aid Director who worked nineteen (19) years at the College to the Office of the President. 2. The College continues to fund a large group (35-40) of students to attend and compete annually in the American Indian Higher Education Consortium Conference. 3. The College writes in internships for students in its science, technology and education grants or wherever possible. 4. The College financially supports students who excel and participate in national internships out of state. 5. The College staff participates in the Institutional Review Board development for the Tribe and taking leadership to ensure cultural resource protection as well as protection of human subjects. 6. The College staff is involved in the Tribal Collaborative Committee for “Revitalization of the Languages and Cultures of the Mandan, Hidatsa, and Arikara.” 7. In 2005, the College sponsored the two Student Senate officers to lobby in Washington, D.C. resulting in Senator Conrad’s office coming to New Town monthly and meeting with the students. 8. The College collaborates with other higher education schools to assist staff and community to attain four year and higher degrees.

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C) Community: We must work for ALL the community. Our diverse people are our strength and future. Examples: 1. The College involves members of the community on all the planning teams for the College. 2. The College invites participation by the community at its events such as Christmas Dinner, Pow-Wows, Hand-game Tournaments, and Student Honor dinners. 3. The College participates with the community through classes and services on issues of interest such as: basket weaving, trees, artificial insemination projects, youth rodeo, youth lamb projects, community gardens, bison project, cattle projects, etc. The College provides technology assistance upon request of individuals and agencies such as the Circle of Life Substance Abuse Program and Boys and Girls Club. 4. The College provides ACT testing and Adult Education Services. 5. The College collaborates with training on Methamphetamines Community Workshops, Wellness Conferences, etc. 6. The College provides payment plans for students not eligible for Financial Aid. • Southeast Pole: Future Supporting Values:

A) Industriousness: Our ancestors had great wealth because of their hard work. By following their example and being industrious, we will attain our goals. Examples: 1. The College has a Master Facilities Plan to develop the infrastructure of the College through phases, which began in 1990. The College has recently completed Phase III: Student Center and has secured some funding for the top floor as a Science and Technology Wing. 2. The College has been in existence for 33 years. 3. The College’s graduates have found employment or gone on to school at other institutions of higher education. 4. Approximately 37% of College employees are former graduates of FBCC.

B) Determination: We will continue to move forward through our determination and ingenuity to overcome obstacles. Examples: 1. The College is looking at improving the technology and connectivity of the College by mastering the use of Sonis-Web, the Management Information System (MIS). 2. The College management system needed extensive work and the department heads and staff have worked diligently to correct errors and develop and implement policies and procedures (Business Office and President’s Office). MAB II & Associates Appendix v

3. The College has worked with the Tribe to develop a consolidated loan plan to acquire a sound financial position. 4. The College has goals to increase the endowment plan by one million dollars in ten years. C) Growth: We must continue to grow and become stronger, more resilient people through practicing our traditional teachings, acquiring knowledge and gaining wisdom. Examples: 1. The College has a facilities plan and continues to seek funding to physically grow. 2. The College has added a new Nursing Program through collaboration with Williston State College and the Dakota Nursing Alliance. 3. The College continues to recruit and retain students from the community. 4. The College is looking toward establishing a four year program and an on-line program within the next five years. 5. The College continues to strive to revitalize the languages and cultures of the tribes and strives to have new language speakers within five years. • Southwest Pole: Culture Supporting Values

A) Respect: We should live our lives with respect for everything Examples: 1. The College has a Zero Tolerance for Violence policy. 2. The College honors its students for their accomplishments after the AIHEC conference and for Academic Achievements. 3. The College honors the culture and beliefs of our forefathers by continuing to find ways to integrate teachings into the curriculum. 4. The College respects the future by making technology a core ability in learning and throughout the infrastructure. 5. The College respects the people in the outlying communities by continuing to provide education and services through three mentor sites. 6. The College continues to follow the protocols of their forefathers with prayers and songs in all their activities.

B) Land: Our land is sacred. We are made of the land and it provides everything we need for life. We must protect and respect the land. Examples: 1. The College has a land lab and continues to learn and teach about horticulture and care of the land.

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2. The College has developed plans to integrate traditional land knowledge and culture throughout the curricula (Indian Land Tenure Grant). 3. The College has an Agriculture Department to provide academic and community education and services to the stakeholders. 4. The College has a Science Program that provides academic and community education and services to the community. 5. The land lab provides garden plots to the community and the Agriculture Department plows garden plots to everyone requesting this service in all communities in keeping with the traditions of the tribe. C) Language: Our language is sacred and makes us who we are. It teaches us how to treat each other and live our lives. We must keep ourselves alive through our language. Examples: 1. The College includes the three tribal languages in its curricula. 2. The College will have a two year associate’s degree program in tribal studies in within two years. 3. The College participates in a multi-agency group named “The Committee to Revitalize the Languages and Cultures of the Mandan, Hidatsa, and Arikara.” 4. The College has had an ANA grant for the past seven years with the goal to increase language speakers within the community. 5. The College has had language immersion camps for the past six years. 6. The College promotes the use of tribal languages whenever possible including using language greetings and phrases among staff and faculty and teaching phrases at regular staff meetings. 7. The College has a cultural rubric which requires language requirements to graduate. • Northwest Pole: Spirituality Supporting Evidence: A) Balance: We must strive to live our lives in balance through ceremony, prayer, and self- evaluation. Examples: 1. The College uses prayer at every occasion and also sings honor songs for the students, staff, and faculty accomplishments. The flag song of the tribe is also sung at each occasion to acknowledge the freedom we have that was fought for by all veterans (Graduation, student honoring, pow-wows, etc.) 2. The College utilizes an Employee Evaluation System that asks each staff to identify their strengths and weaknesses and to design a training plan to assist them with skills that will improve their job performance. 3. The E-Portfolio is required of all graduates and requires the students to evaluate their learning according to the core abilities and program outcomes. 4. All faculty have electronic portfolios. MAB II & Associates Appendix vii

5. The College is serious about the self-study and making authentic improvements in all areas. 6. The College instituted PSY100 Psychology of Student Success and SOC 100 Job Seeking Skills to assist students in their self-evaluation of learning and life skills. 7. The College utilizes the Family Education Model and strives to include family in all activities. 8. The College continues to use a Strategic Planning format to evaluate the needs of the College and to move forward. 9. The College has department plans developed by all staff at department meetings to monitor progress on strategic planning goals on a quarterly basis. B) Humility: Learning is a life-long process. We must continue to be humble to accept our teachings. Examples: 1. The College is dynamic and capable of adapting to needs of people and organizations as resources allow. 2. The College continues to offer classes and training to organizations, agencies, and individuals, to meet the needs of the workforce and the communities as they adapt to change. 3. The College assists learners where they are and has a strong adult education program and 28% students enrolled at Fort Berthold Community College were graduates of the GED Program. 4. The College is committed to self-study and improvement and is humble in identifying weaknesses and strategies for improvement. 5. The College is cognizant of new ventures and evaluates them within the ability to utilize current resources and be successful. C) Our Livelihood: By taking care of the sacred, we ensure all will be good. Examples: 1. The College is aware of the sacredness of many traditional teachings and the protocols that are required for traditional knowledge. The College will ensure the sanctity of the teachings of the Mandan, Hidatsa, and Arikara people by adhering to the cultural screening and protocols built into the Mandan, Hidatsa, and Arikara Institutional Review Process. 2. The College will continue to utilize the elders in the oversight of the cultural and language curricula. 3. The College is aware of the oral traditions of the tribe(s) including the proper protocols for learning traditional knowledge and will assist students in learning how to ask for information which is included in their core ability cultural outcomes. 4. The College continues to acknowledge the sacredness of life and all things and seeks to convey this knowledge according to the teachings of the Mandan, Hidatsa, and Arikara. 5. The College including the Board, Staff, and Faculty, continues to abide by the teachings of the Mandan, Hidatsa, and Arikara.

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III. Revamping Board after problems Changes to address the relationship of the Board of Directors and micromanagement concerns are addressed in several ways.

• The College has a Personnel Selection Committee that is appointed annually, composed of staff, faculty, and an administrator. The Personnel Selection Committee operates according to written policies and procedures, which were passed by the Board of Directors on November 29, 2005. • In October 2005, the Board passed a policy to give the President authority for transfers, promotions, temporary appointments, and raises. Any raises over 4% go to the Board. • The Board of Directors is orientated by the President and the Chief of Staff. A formalized orientation process will be established in 2006. • Changes in policy are recommended by the President and the Administrative Committee to the Board of Directors. • The annual strategic planning meeting involving the Board and Administrators assists in improving communication and relationship building. • The FBCC Policies and Procedures Manual is an evolving document that continues to restore authority to the Administrative Committee and especially the President.

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5.2 APPENDIX B: BOARD OF GOVERNOR'S GROWTH SUMMARY

Figure 14: Board of Governor's Growth Summary

This table was compiled from FSIN acts from 1982-2008

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5.3 APPENDIX C: BOARD OF GOVERNOR'S GROWTH DETAIL

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5.4 APPENDIX D: WORLD INDIGENOUS NATIONS HIGHER EDUCATION CONSORTIUM Launched in 2002, WINHEC founding state/country members included Australia, the states of Hawai’i and Alaska and the American Indian Higher Education Consortium of the United States, Canada, the Wänanga of Aotearoa (New Zealand), and Saamiland (North Norway). The purpose of WINHEC is very similar to the mission statement of FNU of Canada except its primary focus is on World Higher Education rather than the more regional focus of FNU of Canada. The WINHEC ACCREDITATION HANDBOOK (Appendix D) provides the framework for establishing a cultural foundation for an indigenous university. In addition, Appendix A of that document provides a detailed example of how the Alaskan Cultural Standards could be used to build appropriate epistemological and pedagogical models. WINHEC emphasizes that each community must develop its own standards and will be accredited using those standards as a measure of the success of the program. Philosophy: The World Indigenous Nations Higher Education Consortium WINHEC supports the Declaration on the Rights of Indigenous Peoples; the Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples (1994) and the Coolangatta Statement on Indigenous Rights on Education (1999) in the belief that Indigenous People have the Right to be Indigenous. Purpose: The object of WINHEC is to provide an international forum and support for Indigenous Peoples to pursue common goals through higher education including but not limited to: (a) Accelerating the articulation of Indigenous epistemology; (b) Protecting and enhancing Indigenous spiritual beliefs, culture and languages through higher education; (c) Advancing the social, economical, and political status of Indigenous Peoples that contribute to the well-being of indigenous communities through higher education; (d) Creating an accreditation body for indigenous education initiatives and systems that identify common criteria, practices and principles by which Indigenous Peoples live; (e) Recognizing the significance of Indigenous education; (f) Creating a global network for sharing knowledge through exchange forums and state of the art technology; (g) Recognizing the educational rights of Indigenous Peoples; (h) Protecting, preserving and advocating indigenous intellectual property cultural rights, in particular the reaffirming and observance of the Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples, June 1993; and (i) Promoting the maintenance, retention and advancement of traditional indigenous bodies of knowledge. Constitution: WINHEC is operating with an interim constitution, which includes a discussion of these points, as well as procedural directives (voting, terms of office, details on membership, etc.) MAB II & Associates Appendix xiv

*See link: http://win-hec.org/docs/pdfs/Constitution-WINHEC%20.pdf Structure: The WINHEC Executive Board has an Executive Chairperson and three Co- chairpersons. In addition each participating Nation has two seats on the Board except for Canada and USA which each have four seats. The Executive Board also has the discretionary power to allocate additional special seats. There are also three Elder positions. The Executive Chair and Head Office of WINHEC are held for a three year term by one of the participating Nations. The Executive Board also meets annually in one of the participating Nations. Members of WINHEC currently represent Alaska, Aotearoa, Australia, Canada, Hawaii, Saamiland, the Continental United States, Taiwan and Columbia. They are representative of Indigenous Higher Education Institutions such as Wänanga, Tribal Colleges, Cultural Universities and Associations of such institutions. Powers: (a) To arrange conferences for members of WINHEC and other interested persons for the general dissemination and critical discussion of matters pertaining to WINHEC’s goals; (b) To facilitate the exchange of ideas, staff, structures and programs between the members of WINHEC; (c) To act as a proponent and voice for indigenous peoples on issues pertaining to higher education; (d) To arrange meetings of an educational character for the benefit of and to be attended by indigenous peoples and/or people entering the field of indigenous peoples higher education research; (e) To identify and develop new areas of research and encourage the formation of international teams for specific tasks, for example, the formation of a world indigenous accreditation authority; (f) To act on the principles advanced and endorsed by a world indigenous accreditation authority established or promoted by WINHEC; (g) To encourage industrial, governmental and academic support of indigenous peoples research; (h) To liaise with, co-operate with, and give general support to any other charitable institution with similar objects and powers; (i) To secure funds from appropriate bodies to support indigenous peoples higher education research, programs, and activities; (j) To promote indigenous methodologies of research in particular the ownership, control, access, and possession of such research; (k) To hold an annual meeting of the Executive Body of WINHEC; and (l) To organize and hold a triennial meeting of WINHEC. Final Note, WINHEC included this short timeline of efforts of indigenous peoples in higher education organization on a global level: UNIVERSITY OF ALASKA 1993 In 1993 the University of Alaska held an MAB II & Associates Appendix xv

international conference on Higher Education and Indigenous People. A group of people resolved to call on UNESCO to establish a Working Party to examine the issues associated with higher education and indigenous peoples, including the maintenance of languages, spirituality and cultures and the establishment of a Higher Education Qualification Authority. WIPCE CONFERENCE 1996 & 1999 The idea of forming an International Indigenous Higher Education Consortium including the development of an international accreditation system for indigenous programs and institutions was discussed at the 1996 and 1999 World Indigenous Peoples Conferences on Education (WIPCE). INTERNATIONAL INDIGENOUS HIGHER EDUCATION CONSORTIUM PROPOSAL IN 2000 Those discussions led to the development of a proposal in the year 2000 by Dr. Ray Barnhardt of Alaska and Sonny Mikaere of Aotearoa. Their proposal outlined the need for the development of an international accreditation system for indigenous programs and institutions. DEVELOPING RELATIONS BETWEEN AIHEC AND WANANGA 2001 AND 2002 In 2001 Wananga were invited to the American Indian Higher Education Consortium (AIHEC) conference in Santa Fe, New Mexico. Representatives from Te Wananga o Aotearoa and Te Wananga-o-Raukawa attended. The main aim of the visit was to develop positive relationships with each organization. In turn AIHEC was invited to visit New Zealand in 2002. They accepted. In March 2002, 15 CEO’S and associates of the Tribal Colleges visited the three Wananga of New Zealand. A view was expressed that Wananga have similar features and good relationships would be mutually beneficial. At Te Wananga-o-Raukawa further discussions were held on the concept of an indigenous higher education body. A draft concept paper was the result. Again the call was made to enhance spiritual beliefs, culture and languages, an international qualification system and improved social and economic development of indigenous communities. Discussion also introduced the need to ensure that indigenous people kept up with the latest state of the art technology and communication links. The meeting was also reminded of the need to keep in touch with its native tribal communities especially with elders. The draft concept paper that was produced formed an important part of the conversations at Calgary August 2002. MEETING AT TE WANANGA O AOTEAROA Prior to the meeting in Calgary a meeting was held with Rongo Wetere, Bentham Ohia, Marcia Krawll, and Turoa Royal at Te Wananga o Aotearoa. A number of questions were raised regarding the development of a consortium, its values, purpose, rationale, membership, objectives, structure, funding, and name.

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5.5 APPENDIX E: MEETING SCHEDULE

Project Date Activity Participants Discussion Topics October Pipe Harry Blackbird- Makwa Sahgaiehcan FN; Spiritual Guidance for 19, 2009 Ceremony and Alex Nahepowisk –Piapot FN; how to do the Project “the Elders’ Forum Isaac Chamakese-Pelican Lake FN; right way.” Ken Goodwill- Standing Buffalo FN; FNUniv Dimensions of Historical Elder Regina Campus Governance: Jacob Sanderson-James Smith FN; FNUniv Elder, Dene PA Cree Velma Goodfeather- Standing Buffalo FN, Saulteaux FNUniv Elder, Regina Campus; Dakota/Lakota/Nakota Isador Pelletier- Pasqua FN; FNUniv Elder, Regina Mary Lee- Chitek Lake FN; FNUniv Elder, Saskatoon Vicki Wilson- Whitebear FN; FNUniv Elder PA Shirley Sanderson-James Smith FN Gladys Greyeyes- Thunderchild FN Maggie Chamakese- Pelican Lake FN Rose Alma Bellegarde- Little Black Bear FN Theresa Billette- Buffalo River FN Alfred Billette- Buffalo River FN Marie Johnston- Buffalo River FN Harvey Ironeagle-Pasqua FN Philip Morin-Peter Ballantyne Cree Nation Simon Robillard- Black Lake Denesuline FN Barry Ahenakew- Ahtakakoop FN Cecil King- Saskatoon William Ratfoote- Makwa Sahgaiehcan FN Timothy Eashappie- Carry the Kettle FN October Veterans’ Howard Anderson, George Gordon FN Briefing on Governance 19, 2009 Supper Philip Ledoux, Mistawasis FN Project Hilliard Gardypie- Beardy’s & Okemasis FN Discussion on; George Benson- Red Pheasant FN What makes “good Dora Stevenson- Pasqua FN governance?” Emile Highway- Peter Ballantyne Cree Nation Who should be on the FNUniv Al Ducharme, FNUniv Board Kerrie Gladue, FNUniv What should the role of Chiefs Tina Pelletier, FNUniv be?

October Breakfast Dr. Wes Heber History of SIFC, FNU 20, 2009 Meeting History of relationships with Boards of Governors and as faculty representative to the Board

October FNUniv Chief Clarence Bellegarde, Chair, File Hills Review of Governance Project 20, 2009 Board of Qu’Appelle Tribal Council Views of Governance; Board Governors Chief Larry Ahenakew, Battleford Agency Tribal membership; Role of Chiefs Meeting Chiefs on the Board; Vision; Ms. Diane Adams, Regina Student Association; Commitment to the Vision Ms. Melissa Assoon, Saskatoon Campus Student Association; MAB II & Associates Appendix xvii

Ms. Heather Bear, Southeast Treaty 4 Tribal Council Chief Reginald Bellerose, Touchwood Agency Tribal Council; Chief Wallace Fox, Onion Lake FN Chief Cecil Head, Saskatoon Tribal Council; Chief Gord Lerat, Cowessess FN Senator Paul Poitras, FSIN Senate Senator Donald Pooyak, FSIN Senate; Chief Elizabeth Pratt, File Hills Qu’Appelle Tribal Council; Chief Gloria Shepherd, Yorkton Tribal Council; Chief Cyrus Standing, Prince Albert Grand Council; Dr. Wes Heber, FNUniv Faculty Rep Dr. Gary Boire, Vice-President of Academics, U of R; Dr. Reginald Urbanowski, Adv. Education, Emp. and Labour, FNU Staff President Charles Pratt Pearl Yuzicappi, EA to the President; Al Ducharme, VP to Administration and Finance; Dr. Herman Michell, VP of Academics Kerrie Gladue, EA to the VP of Administration and Finance; Sharon Moberly, EA to the VP Academics; Tina Pelletier, Communications Officer; Jacob Pratt, Officer Assistant to Executive Office; Elder Velma Goodfeather October Federation of Vice-Chief Lyle Whitefish History of FSIN/FNUniv 23, 2009 Saskatchewan relations; Indian Issues around Board Nations Governance Vision for the Future October Convocation Faculty, Staff, Students, Parents and Community Chance to celebrate with the 20,2009 Ceremony Members graduating students, families and community members; Introduced from the podium; Informal conversations with individuals about the Governance Project and Hopes, Dreams and Vision for FNUniv October Informal Tour Vern Isbister, Introductions and informal 21, 2009 of Saskatoon Louise McCallum, conversations Campus Brenda Knight, Yvonne Howse, Betty Garr, Student Association Librarians Tim Jones October Office of the Treaty Commissioner Bill McKnight Informal Conversations with 21, 2009 Treaty Harry Lafond the Commissioner Commissioner Discussion with Harry Lafond about the All Chiefs’ Task Force and questions regarding

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the Board of Governors’ composition, roles and responsibilities etc. October FNUniv Charles Pratt, President Issues of Governance 21, 2009 Senior Al Ducharme, VP of Administration and Finance Management Dr. Herman Michell, VP of Academics October Indian and Rob Harvey Issues of Governance, 21, 2009 Northern Finance, Contractual Affairs Relationships Canada October Supper Dr. Gary Boire, VP (Academic); Relationships between 21, 2009 Meeting with Mr. David Boehm, VP (Research); FNUniv and University of University of Dr. Michael Tymchak, Faculty of Education; Regina Regina Staff Annette Revet, University Secretary Lynn Wells, Associate VP Academic; Jacob Pratt, FNUniv student October Department Bob Kayseas, School of Business and Public Governance Issues 22, 2009 Heads/Faculty Administration; Ben Schenstead, Indigenous Education; Randy Lundy, English Department; Lionel Peyachew, Fine Arts Department; Florence Watson, Registrar’s Office; Jan Thomas, Student Success Services; Yvonne Howse, School of Social Work; Carrie Lavallie, Health Sciences and Co-Manager of Northern Campus October FNUniv Murray Westerlund Financial Policy and 22, 2009 Finance Procedures Review Department Financial Function Review and Analysis Financial Controls Training of Financial Staff for advancement Vision October FNUniv Milton Tootoosis, President; Governance Issues 22, 2009 Alumni Marmie Poitras, Secretary; Alumni Vision Association Pearl Yuzicappi, Treasurer; Dr. Alika Lafontaine, MD, Newsletter Editor October FNUniv Regina Campus Student Association Governance Project 22, 2009 Student Diane Adams Students’ Vision Association Thomas Benjoe Ideas About Governance Jacob Pratt What FNUniv means to Nathan Pasap Students Shannon McNabb Transformative Experience Cadmus Delorme Saskatoon Campus Student Association Melissa Assoon Erin Poochay Aaron Naytowhow Audrey Armstrong Drisana Slippery Margaret Bear October Minister of The Honourable Rob Norris, Minister of Advanced The Governance Project 22, 2009 Adv. Education, Employment and Labour The complexity of the FNUniv Education, Deputy Minister Claire Isman situation Emp. and Assistant Deputy Minister Dr. Reg Urbanowski The role of the province MAB II & Associates Appendix xix

Labour

October Ad Hoc Clarence Bellegarde, Chair, FNUniv Board of Review of 22, 2009 Committee on Governors; Governance Project to Date Governance Annette Revet, University of Regina Ann Lorenzen, Advanced Education, Employment and Labour Senator Paul Poitras, FSIN Senate; Senator Roland Crowe, FSIN Senate; Chief Gord Lerat, FNUniv Board; Pearl Yuzicappi, FNUniv staff Dr. Cathy Littlejohn, Governance Coordinator October Closing Pipe Isadore Pelletier, Elder Spiritual Guidance for the 22, 2009 Ceremony Rolande Kaye, Oskâpêwis Project’s Continuing Tasks December Pipe Faculty Spiritual Guidance for doing 9, 2009 Ceremony Students the Project in a “Good Way” Saskatoon Governance Team Campus Danny Musqua, Elder Gilbert Kewistep Oskâpêwis December Supper Elder Danny Musqua 9, 2009 Gilbert Kewistep Oskâpêwis Janice Acoose, faculty Yvonne Howse, faculty December Meeting with Vern Daniels, Sturgeon Lake FNUniv unique-imp. Because 10, 2009 PA Student Genevieve Godwin, Montreal Lake it connects to students’ Reps. Lydia Ross, Chief PA Student Association culture-beacon of hope Catherine Elsner Need to collaborate to solve Allison Elsner problems Need for self reliance Build for the future December Meeting with Cecilia Smith, Councillor Fishing Lake First Governance Project 10, 2009 Representativ Nation, Governance es of Tribal Jay Cameron, Councillor, Beardy’s and Okemasis Vision- Build on the Past for Councils and First Nation, the Future Independent Senator Donald Pooyak, Sweetgrass First Nation Bands Chief Helen Ben, Meadow Lake Tribal Council, Connie Big Eagle, Councillor, Ocean Man First Nation, Heather Bear, Councillor, Ochapawace, Southeast Treaty 4 Tribal Council and FNU B of G Vice- Chairperson, Chief Olive McArthur, Pheasant Rump Nakota First Nation December Supper Chief Edmund Bellegarde, FHQ Tribal Council Governance needs to be strong 10, 2009 Meeting with Chairperson but the issue has been File Hills Chief Rodger Redman, Standing Buffalo Dakota overblown Qu’Appelle First Nation Leadership-depoliticize- Tribal Council Chief Michael Starr, Star Blanket Cree Nation Traditional role of Chiefs Reps Bob Kowalchuk, Director of Education needs to be looked at Need a political strategy Need to p-rotect post- secondary as a treaty right Need to trust people Need aggressive PR campaign

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December Sweat and Elder Wallace Fox Spiritual Guidance for 11,2009 Pipe Members of Onion Lake First Nation undertaking the study in a Ceremony “Good Way” Clarity and Purification Seeking Understanding Following the Advice of the Elders in completing four Pipe Ceremonies Fulfilling Obligations and Commitments to the Elders of Saskatchewan December Briefing-Ad Chief Reginald Bellerose, Muskowekwan FN, Control from Province and 11, 2009 Hoc FNUniv Board Member and Ad Hoc Committee INAC; Financial challenges; Committee Member challenge to Treaty Right; challenges brought by CAUT and AUCC December Conference Chief Clarence Bellegarde Review of Work to Date; 30, 2009 Briefing-Ad Review of Deadlines and Hoc processes; Committee Discussion of Governance Chair Issues Vision January 8, Conference Chief Guy Lonechild Questions by the Chief about 2010 Call aspects of Governance and advised of the Chief’s Parallel Process

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5.6 APPENDIX F: ONLINE SURVEY QUESTIONS

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5.7 APPENDIX G: SOUNDING BOARD CREDENTIALS CURRICULUM VITAE

STEPHEN MALCOLM GILLIS

MAILING ADDRESS: Rice University Economics Department, MS-22 6100 Main Street Houston, Texas 77005 Office: 713-348-4969 Fax: 713-348-4971 E-mail: [email protected]

EDUCATION: Ph.D., University of Illinois, 1968 M.A., University of Florida, 1963 B.A., University of Florida, 1962 A.A., Chipola Junior College, 1960

HONORARY DEGREE:

Doctor of Laws, Rocky Mountain College, Billings, MT, 1992

MAJOR FIELDS OF EXPERIENCE:

Fiscal Theory and Policy, Economic Development Environmental Policy, Natural Resources (Theory and Policy)

PRESENT FACULTY APPOINTMENTS:

University Professor, Rice University Professor of Economics, Rice University Ervin Kenneth Zingler Professor of Economics, Rice University Professor of Management, Rice University, Jones Graduate School of Management Visiting Professor of Public Policy Studies and Distinguished Research Fellow, Duke Center for International Development, Terry Sanford Institute of Public Policy.

PRINCIPAL ADMINISTRATIVE APPOINTMENTS:

President, Rice University, July 1993-2004

Dean of the Faculty of Arts and Sciences, Duke University, July 1991-June 1993

Dean of the Graduate School and Vice Provost for Academic Affairs, Duke University, July 1986-June 1991

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OTHER ACADEMIC EXPERIENCE: Z. Smith Reynolds Distinguished Professor in the Institute for Public Policy, Duke University, July 1990-June 1993 Professor of Economics and of Public Policy, Duke University, July 1984-June 1993 Assistant Professor of Economics, Duke University, Sept. 1967-July 1969 Lecturer in Economics, Harvard University and Research Fellow, Harvard Law School International Tax Program, Sept. 1969-July 1971 Institute Fellow, Harvard Institute for Economic Development and Lecturer in Economics, Harvard University, July 1974-June 1984.

OVERSEAS RESEARCH AND PROJECT ACTIVITIES: (Research, Advisory, and Training Projects)

1. Cambridge-Based Projects: (for Harvard University, 1974-1984)

Bolivia: Project Director, Study of Taxation and the Mining Sector in Bolivia, March- December 1975. (This research project was undertaken for the Ministry of Mines, Republic of Bolivia and involved organization and direction of an interdisciplinary team of six economists and geologists.)

Bolivia: Staff Member, Musgrave Commission for Bolivian Economic Policy, May-June 1976. (Chaired and directed by Professor Richard A. Musgrave. This international commission analyzed and constructed options for improvement of tax, expenditure, and other government policies for the Bolivian Ministry of Planning.)

Indonesia: Project Director, Research and Training Project of Mineral Taxation and Mineral Investment Planning in Indonesia, June 1976-December 1978. (An undertaking for the Ministry of Finance, Government of Indonesia. Project involved a multi- disciplinary team of six economists and geologists. Involved also the organization of three separate 3-week intensive courses on mineral taxes taught by Harvard faculty and consultants.)

Indonesia: Project Director, Project for Provision of Specialist Resources for Major Public Policy and Planning Issues, January 1978-December 1979. This effort involved establishing and directing a multi-disciplinary research team of 11 senior Harvard and MIT faculty in Economics, Education, Urban Development, Public Health, Family Planning, and Energy Policy. (Project undertaken at the request of the National Planning Board.)

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C.V. - Stephen Malcolm Gillis Page 3 Indonesia: Project Director, Training and Technical Assistance Project, January 1979- December 1980. An undertaking involving provision of technical assistance on trade, courses in Natural Resources, Urban Development, and Monetary Theory and Policy. (Project undertaken at the request of the Ministry of Finance.)

Indonesia: Project Director, Indonesia Tax and Trade Reform Project, February 1981- June 1984. Project requested by the Ministry of Finance. Involved coordination and supervision of tasks of 22 expatriate specialists in public finance, computer science, and law, including faculty from Harvard, Chicago, and several other universities. Project resulted in enactment of radical reforms of income taxes and sales taxes in January 1984.

Indonesia: Project Director, Indonesia Training Project, Ministry of Finance, June 1981- June 1984. Project involved identification and placement of approximately 80 officials in programs (degree and non-degree) of overseas study.

Ecuador: Consultant on Fiscal Issues to the State-Owned Oil Company, ECEP (Compania Ecuatoriana de Petroleos), November-December 1981 and March-April 1982.

Canada: Research on Sales Tax Issues for Ministry of Finance, November 1983-May 1984.

Canada: Research on Value-Added Tax Issues, Ministry of Finance, November 1984- August 1985.

2. Other University-Related Overseas Experience:

Chile: Thesis Research, Land Tenure Center, Institute of Economics, University of Chile, Santiago, Chile, June-September 1967, inclusive.

Ecuador: Ministry of Finance, Quito, Ecuador, August 1968. Study of Sales Tax.

Colombia: Staff Member, Musgrave Commission (Colombian Tax Reform Commission), June-December 1968, inclusive. This was an international commission appointed by President Lleras and chaired by Richard A. Musgrave of Harvard University (Bogota).

Colombia: Advisor on Fiscal Problems on two extended occasions to the National Planning Board, Bogota, Colombia (Development Advisory Service, Harvard University), June-August 1969 and August-September 1970.

Ghana: Member, Ghana Commission on Tax Reform, 1970-71. Established by the president of Ghana (Development Advisory Service, Harvard University), January 1970, April 1970, June-August 1970 and June 1971 (Accra).

Indonesia: Monetary-Fiscal Advisor to National Planning Board, Ministry of Finance and Central Bank, Government of Indonesia (Development Advisory Service, Harvard University), June 1971-August 1973, inclusive (Jakarta).

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Indonesia: Project Director, Harvard Advisory Group, Indonesia Planning Project, August 1973-July 1974, inclusive. Six-person project involving research, training, and advisory services to the National Planning Board, Ministry of Finance, Central Bank of Indonesia Ministry of Mines and Ministry of Manpower (Jakarta).

Honduras: Economic Policy Issues, Teguciagalpa, Honduras, March 1975, (UNDP).

Thailand: Senior Economist for thorough-going review of Ford Foundation programs for assisting economic planning in Thailand, June 1975 (Bangkok).

Philippines: Continuing Advisor for Ford Foundation Asia-Pacific Office on review of University of Philippines School of Economics, July 1975, September 1978 and January 1979 (Manila).

Pakistan: Review of Activities of the Institute of Applied Economic Research for Ford Foundation, July 1976 and May 1979 (Karachi).

Bangladesh: Review of Bangladesh Institute Development Studies for Ford Foundation, July 1977 (Dacca).

Pakistan: Advisor to Ford Foundation, Islamabad; assistance to Pakistani Institute of Development Economics in formulation of 3-year research program, June 1979.

Colombia: Advisor on Energy Contacts (oil, coal, uranium) for National Planning Agency, Bogota, Colombia, November-December 1980 and March-April 1981.

Colombia: Advisor on Uranium Mining to Nuclear Affairs Department, Government of Colombia (UNCTC sponsored), May 1982.

Surinam: Lectures on Natural Resource Policy, Government of Surinam (UNCTC), October 1982.

Zambia: Lectures on Natural Resource Policy, Ministry of Mines, Lusaka, September 1983.

Pakistan: Advisor to Pakistan Tax Reform Commission (World Bank sponsored), April 1986.

China: Lectures for Central Institute of Finance and Banking, Beijing (EDI sponsored), May 1986.

LANGUAGES:

Spanish (fluent) Indonesian (spoken-well; reading-fair) French (reading-fair)

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TEACHING, INSTRUCTIONAL, CURRICULAR AND COMMITTEE DUTIES AT DUKE UNIVERSITY:

1. Teaching:

Courses in the Public Policy Institute: Economics of the Public Sector in Developing Countries; International Economics, Public Finance, Economic Development.

Courses in the Economics Department: Graduate and undergraduate courses in Public Economics

2. Undergraduate Curriculum Revision:

Chair, Ad Hoc Committee on the Curriculum, College of Arts and Sciences and Trinity College, March 1985-April 1986. (New curriculum implemented September 1988.)

3. Research Centers:

Founder, Chair of the Executive Committee, Center for Tropical Conservation, 1988-1993

Co-Founder, Center for International Development Research, Institute of Public Policy Studies, 1985 4. University-Wide Committees: -Provost's Committee on Academic Priorities, 1986-91 -President's Advisory Committee on Resources, 1988-91 -Research Policy Committee, 1986-1993 5. Duke University Press: Chair of Editorial Advisory Board, 1986-1988 Chair, Governing Board, 1988-1990 AWARDS, HONORS, LISTINGS, MEMBERSHIPS: -Outstanding Young Men in America, 1970 -Who's Who in America, 1988 -Distinguished Fulbright Professor, Catholic University of Chile, November 1989 -American Men of Science -Doctor of Laws, Rocky Mountain College, Billings, Montana, 1992. -Alumni Award Gold Medal, Association of Rice Alumni, 2004. -Life Member, Houston Livestock Show and Rodeo, 1993-. -Honoree, People of Vision Houston, 1996. -Distinguished Owl Club Award, 1996 -Honoree, Distinguished Award, Institute for International Education, 2003.

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-Distinguished Fulbright Professor, Catholic University of Chile, 1989. -NASA Distinguished Service Medal, 2004. -Ally Award, Center for the Healing of Racism, 2004. -MIT Enterprise Forum Leadership Award, 2004. -Black Gradate Student Association Service Award, 2004.

NATIONAL, INTERNATIONAL, AND REGIONAL COMMITTEES, BOARDS, AND ADVISORY COUNCILS:

-Member, Council on Economic Policy, Office of the Governor, State of Alaska, 1982-83. Council served as the council of economic advisors to the governor.

-Member, Columbia University Seminar on Southeast Asia in World Affairs, 1982, 1983, 1984.

-Member, Board of Directors, American Forestry Association, 1989-92

-Chair, Board of Trustees, Center for World Environment and Sustainable Development, 1990-1993

-Member, Advisory Board, Institute for Policy Reform, Washington, D.C., 1990- 1993

-Member, Council of Advisers, South Main Center Association, Houston, TX 1993-

-Member, Academic Advisory Board, International Center for Economic Growth, 1986-

-Member, International Advisory Board, KPMG Peat Marwick Policy Economics Group, 1988-

-Member, Board of Trustees, Foundation for Hospital Art, 1989-

-Member, Board of Trustees, Francisco Marroquin Foundation, 1989- -Member, Board of Trustees, Friends of Education in Chile, 1989- -Member, Southern Regional Advisory Board, Institute of International Education, 1993- -Member, Board of Directors, Houston Advanced Research Center (HARC), 1993- -Member, Executive Committee, HARC, 1993- -Member, Houston Philosophical Society, Section D, 1993- -Member, Texas Philosophical Society -Member, Board of Directors, Greater Houston Partnership, 1993- -Member, Executive Committee, Greater Houston Partnership, 1993- -Member, Advisory Council for Star of Hope Campaign, Houston, TX 1993- -Member, Houston Regional Advisory Board, Texas Commerce Bank, Examining and Audit Committee, and Trust Committee, 1994-98 MAB II & Associates Appendix xxxi

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-Member, Board of Directors, St. Luke's Episcopal Hospital, Houston, TX 1994- -Vice Chair, Higher Education Sector, 1994 Houston Area U.S. Savings Bonds Campaign -Member, Board of Directors, AMIGOS de las America -Life Member, Houston Livestock Show and Rodeo, 1994- -1994-95 Chair, Houston March of Dimes Walkamerica -Member, Association of American Universities, Executive Committee, 1994-95 -Member, Board of Trustees, United Way of Texas Gulf Coast, 1994-98 -Member, Board of Advisors, Houston Symphony, 1995- -Member, Board of Directors, Consortium on Financing Higher Education, New York, 1994 -Chair, COFHE ad hoc Committee on Diversity and Affirmative Action, 1998 -Member, American Council on Education’s Commission on International Education, 1996- -Member, Board of Directors, Independent Colleges and Universities of Texas, 1995- -Member, Advisory Group of William A. Lawson Institute for Peace and Prosperity -Member, Commission on Colleges, Southern Association of Colleges and Schools, 1997- -Chair, Association of American Universities Tax Committee, 1997- -Member, Association of American Universities Centennial Committee, 1998- -Member - Board of Directors, Houston Technology Center, 1998- -Member, Board of Directors, AECOM Technology Corporation, (Los Angeles, California) 1998- -Member, Advisory Board, Texas Council on Economic Education, 1998- -Member, ad hoc Committee on Faculty Appointments, Institute for Advanced Study, Princeton, 1998 -Member, Board of Directors, International University Bremen (Bremen, Germany) 1998- -Member, Board of Directors, Cogen Technologies, Inc., (Houston, Texas) 1998-99 -Member, Board of Directors, National Council for Science and Environment, 1999- -Member, Board of Directors, Council for Higher Education Accreditation (CHEA), 1999- -Vice Chair, Board of Directors, Council for Higher Education Accreditation (CHEA) 2002- -Member, Board of Directors, Business-Higher Education Forum, 1999- -Member, Advisory Board, World Affairs Council, 2000- -Member, Advisory Board, Indo-American Chamber of Commerce, 2000- -Member, National Society of Collegiate Scholars, 2000- Member, Board of Directors, BioHouston, 2000- -Member, Board of Directors, Partnership for Public Service, 2001- MAB II & Associates Appendix xxxii

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-Member, Board of Governors, Hugh O’Brian Youth Leadership (HOBY), 2001- -Member, Board of the Houston Super Bowl Host Committee 2003-04. SERVICE TO FEDERAL GOVERNMENT -Member, Vietnam Education Foundation, 2005- -Chair, Houston Campaign for U.S. Savings Bonds, 2001-2002 -Member, Board of Directors, Federal Reserve Bank of Dallas, January 2000- -Member, Board of Directors, Houston Branch, Federal Reserve Bank of Dallas, 1997-1999 -Member, National Academy of Sciences Board on Sustainable Development 1997- 2000 -Member of Committee on Energy Taxation, National Research Council/National Academy of Sciences, February 1979-July 1980. Committee's work culminated in two NRC/NAS publications: (1) A Taxonomy of Energy Taxes (Washington, D.C.: National Academy of Sciences, 1979) and (2) Energy Taxation: An Analysis of Selected Taxes (Washington, D.C.: National Academy of Sciences, 1980.) -Member, Advisory Committee, Oak Ridge National Laboratory, Energy Division, 1984-87. -Chair, Advisory Committee, Oak Ridge National Laboratory, Energy Division, 1985-86. SERVICE TO STATE GOVERNMENT -Chair, Economic Future Study Commission, and author of Commission report, Fiscal Realities for the 90s, 1990-91, Office of the Governor and the General Assembly, State of North Carolina -Member, North Carolina State Legislature's Government Performance Audit Committee, 1991-92 (chaired by Speaker Dan Blue and President Pro-Tem Henson Barnes). -Member, North Carolina Air Cargo Authority, 1991-93 (chaired by Governor Jim Martin). JOURNAL EDITORIAL AND REFEREE ACTIVITIES: 1. Primary Editorial Responsibilities: -Editorial Board (one of five members), Quarterly Journal of Economics June 1978-May 1979. -Co-Editor (one of six), Quarterly Journal of Economics, June 1979-July 1981. Areas: public finance, economic development, international trade. 2. Other Editorial Activities: a. Editorial Advisory Board, Texas Business Review, 1979-83 b. Overseas Journals: -Board of Editors, Pakistan Development Review, 1977-80 -Board of Editors, Pakistan Journal of Applied Economics, 1980-83 -Editorial Board, Comparative Economic Studies, 1986-88

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c. Refereeing

(l) Journals: -Economic Development and Cultural Change -Journal of Developing Areas -Journal of Development Economics -Land Economics -National Tax Journal -Pakistan Journal of Applied Economics -Policy Sciences -Review of Economics and Statistics -World Bank Research Observer

(2) Foundations: -Canada Council -Ford Foundation -National Science Foundation -Smith-Richardson Foundation

(3) University Press: -Duke University Press -Harvard University Press

MAJOR CONFERENCE PLANNING AND ORGANIZATION: International Seminar on Public Economics

Planning Committee, Fourth International Seminar on Public Economics, "Regional Aspects of Fiscal Policy" (Professor Richard A. Musgrave, conference organizer), held in Toledo, Spain, September 6-10, 1979. National Bureau of Economic Research

National Bureau representative and conference organizer for: National Bureau of Economic Research Conference on "Trade Prospects Among the Americans," held in Sao Paulo, Brazil, March 23-26, 1980.

World Bank Conference on Value-Added Taxes in Developing Countries, Washington, D.C., co-organizer, with Dr. Gerardo Sicat, 1986.

Lessons From Tax Reform in Developing Countries, Washington, D,C., organizer, April 1988.

SELECTED INDEPENDENT CONSULTANCIES: (other than Consultancies related to University projects)

Continuing Consultant on Economics and Planning to the Ford Foundation, Asia and Pacific Division, October 1974-January 1980. (Involved in on-going consultant work with New York office and field offices. Tasks required frequent visits to several South

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and Southeast Asian countries, including Bangladesh, Indonesia, the Philippines, and Pakistan.

Consultant on Tax Reform to the World Bank, Latin America Division, February-April 1975.

Consultant to U.S. Treasury Department, April 1978 and September-January 1980.

Consultant to the World Bank, Training Division, March 1979.

Consultant to the World Bank, Development Policy Staff, August-October 1979.

Consultant to Resources for the Future (Energy Demand and Energy Pricing Issues), January-April 1980.

Consultant to U.N. Transnational Center (Natural Resources; State-Owned Enterprises), February-September 1980.

Consultant on Asian Tropical Forestry for FAO (U.N.), March-June 1981.

Consultant on Energy. Colombia Energy Study, Bogota (UNDP financed), November- December 1980 and March-April 1981.

Consultant to the Permanent Fund, Alaska State Government, October 1981.

Consultant to the Office of the Attorney-General, State of Alaska (Pipeline Regulation Issues), October-November 1981, May 1982, November 1982, March 1983.

Consultant on African Tropical Forestry to FAO, Rome, June-December 1982.

Continuing Consultant to Centre for Transnational Corporations, United Nations, January 1982-January 1985.

Consultant to State Department of Revenue, State of Alaska, February-May 1982.

Consultant to Attorney-General, State of Alaska (Pipeline Tariffs), October-November 1982.

Consultant to Ministry of Finance, Government of Canada (Natural Resource Issues), December 1982.

Consultant to Law firm of Helene and Condon, Anchorage (LNG Issues), September- October 1983.

Consultant to Ministry of Finance, Government of Canada (Sales Tax Reform), November 1983-April 1984.

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Consultant to Department of Natural Resources, Division of Oil and Gas, State of Alaska, May 1984-July 1984.

Consultant to U.S. Treasury, Value-Added Taxation, November-December 1984.

Consultant to Ministry of Finance, Government of Indonesia, (HIID projects), May-June 1985, May 1986, May 1987, May-June 1988, July 1989, July 1990, July 1991.

Consultant to Ministry of Finance, Government of Canada: Value-Added Taxation, Financial Institutions and Housing, November 1984-June 1985.

Consultant to the World Bank, Public Economics Division, April-May 1985.

Research Consultant to the World Bank, Public Economics Division, June 1985-May 1987.

Consultant to Oak Ridge National Laboratory, Engineering Physics and Mathematics Division, Oak Ridge, Tenn., February 1986-February 1988.

PUBLICATIONS:

1. Published Books:

Musgrave, Richard A. and Malcolm Gillis. Fiscal Reform for Colombia. Cambridge, Mass.: Harvard Law School, International Tax Program, 1971. (Spanish edition: subsequently published in Spanish as Propuesta para Una Reforma Fiscal Para Colombia. 3 vols. Bogota, Colombia: Ediciones del Banco de Ia Republica, 1974.

Gillis, Malcolm and Charles E. McLure, Jr. The Colombian Tax Reform of 1974. Washington: World Bank, Latin American Division, June 1975. (Spanish edition published by Editorial Banco Popular, Bogota, Colombia, April 1977.

Gillis, Malcolm et al. Taxation and Mining: Non-Fuel Minerals in Bolivia and Other Countries. Cambridge, MA: Ballinger Publishing Co., January 1978.

Gillis, Malcolm and Ralph E. Beals. Tax and Investment Policies for Hard Minerals: Public and Multinational Enterprises in Indonesia. Cambridge, MA: Ballinger Publishing Co., 1980.

Gillis, Malcolm and Werner Baer, eds. Export Diversification and the New Protectionism: The Experience of Latin America. Urbana, IL: National Bureau of Economic Research and University of Illinois Press, 1981.

Gillis, Malcolm, Dwight Perkins, Michael Roemer, and Donald E. Snodgrass, Economics of Development. New York: W.W. Norton, Co., 1983. 2nd Edition, 1987, 3rd Edition, 1992, 4th Edition, 1996, 5th Edition, 2002. Translated into Italian (1986), Chinese (1988), Indonesian (1989), French (1990).

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Gillis, Malcolm and Robert Conrad. Progress and Poverty in Developing Countries: Rent and Resource Taxation. Williams College Monograph Series. Williamstown, MA: Williams College, 1985.

Repetto, Robert and Malcolm Gillis, eds. Public Policy and the Misuse of Forest Resources. Cambridge University Press, 1988.

Gillis, Malcolm, ed. Tax Reform in Developing Countries. Durham, NC: Duke University Press, 1989.

Gillis, Malcolm, Gerry Sicat and Carl Shoup, eds. The Value-Added Tax in Developing Countries: Issues and Lessons. Washington, DC: The World Bank (1991).

3. Articles: (exclusive of articles in books edited or co-authored by M. Gillis; excluding book reviews)

With Charles E. McLure, Jr. “Incidence of World Taxes on Natural Resources.” American Economic Review (May 1975).

"Objectives and Means of Indirect Tax Reform." Chapter 23 in Bird, Richard M. and Oliver Oldman. Readings on Taxation in Developing Countries. Third edition. Baltimore: Johns Hopkins Press, 1975.

With Charles E. McLure, Jr., "Coordination of Tariffs and Internal Indirect Taxes," Chapter 25, in Bird, Richard and Oldman, Oliver, Readings on Taxation in Developing Countries. Third Edition, 1975.

"Capital Goods and Sales Taxation." In Proceedings of the Study Group on Asian Tax Administration and Research. Jakarta: February 1975.

With Charles E. McLure, Jr. "The Distributional Implications of the Taxation of Natural Resources." Rice Studies 6 (Fall 1975). Reprinted in Economic Policy and Income Distribution in Colombia, edited by Albert Berry and Ronald Soligo, Boulder, Colorado: Westview Press, 1980.

"Taxation, Mining, and Public Ownership." In Non-Renewable Resource Taxation in the Western States, University of Arizona College of Mines, Lincoln Inst., 1977.

With Charles E. McLure, Jr. "Taxation and Income Distribution: The Colombian Tax Reform of 1974." Journal of Development Economics 5 (September 1978).

"A Tale of Two Minerals: Severance Taxes on North American Energy Resources." Growth and Change: A Journal of Regional Development 10 (January 1979).

"Multinational Corporations and a Liberal International Economic Order: Some Overlooked Considerations." Chapter in Challenges to a Liberal International Economic Order, edited by Ryan Amacher, Gottfried Habeler, and Thomas Willet. Washington, DC: American Enterprise Institute, 1979.

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With Glenn P. Jenkins. "Performance Evaluation and Public Sector Enterprises," Chapter 8 in Public Enterprise Investment. Prices, Costs and Returns, edited by Alex Nove and P. K. Basu. United Nations: Asia and Pacific Development Center, 1979.

"Conceptions and Misconceptions of Multinational Enterprises in the International Economic Order." Harvard International Review (April 1979).

With Charles E. McLure, Jr. "Excess Profits Taxes: Lessons from Recent Mexican Experience." National Tax Journal (December 1979).

"The Role of State-Owned Enterprises in Economic Development." Social Research 47 (Summer 1980).

With Ralph Beals. "The Evolution of Hard Mineral Agreements in Indonesia." Natural Resources Forum 4 (1980).

With Ignatius Peprah. "Severance Taxes on Energy Resources in the Sunbelt." Texas Business Review (November/December 1980).

With David Ericson. "High-Level Enterprise and Low-Level Radioactivity: Two Hazards in LDC Uranium Agreements." Journal of Energy and Development 6 (Autumn 1980).

"International Experience in Assisting Distressed Industries." Papers and Proceedings of the National Tax Association (1981).

With Werner Baer. "Changing Perspectives on Latin American Trade." Quarterly Review of Economics and Business 21 (Summer 1981).

With Ignatius Peprah. "State-Owned Enterprises in Developing Countries." The Wharton Magazine (Winter 1981).

With Charles E. McLure, Jr. "Standards of Conduct for Public Enterprises," in Fiscal Reform in Bolivia, edited by Richard A. Musgrave. Cambridge, MA, Harvard Law School, 1981.

"Gottfried Haberler: Contributions Upon Entering His Ninth Decade," Quarterly Journal of Economics XCVI (February 1982).

"Allocative and X-Efficiency in State-Owned Enterprises." Journal of Comparative Economics (Spring 1982).

"The Effects of In-State Investment: Lessons from Oil-Fired Development." In The Trustee Papers, prepared by the Board of Trustees, Alaska Permanent Fund, Juneau: March 1982.

"Evolution of Natural Resource Taxation in Developing Countries." Natural Resources Journal (Spring 1982).

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With Glenn Jenkins and Donald Lessard. "Public Enterprise Finance: Toward a Synthesis," in Public Enterprises in Less-Developed Countries, edited by Leroy Jones. New York: Cambridge University Press, 1982.

"Regional Dimensions of Public Sector Economics: Further Observations," in Regional Aspects of Fiscal Policy, Madrid: Instituto de Estudios Fiscales, 1982.

"Episodes in Indonesian Economic Growth," in Problems in World Economic Growth, edited by A.C. Harberger. San Francisco: ICS Press, 1984.

"Excising Excises: Federal Sales Tax Reform in Canada," 1984 Conference Report. Toronto: Canadian Tax Foundation, 1985.

"Federal Sales Taxation: A Survey of Six Decades of Experience, Critiques and Reform Proposals." Canadian Tax Journal 33 (January-February 1985).

"Allocative and X-Efficiency in State-Owned Enterprises: Some Asian and Latin American Cases in the Mining Sector," in Economic and Political Role of the State in Latin America, edited by A. L. Saulniers. Austin, TX: Institute of Latin American Studies, 1985.

"Micro and Macro-Economics of Tax Reform: Indonesia." Journal of Development Economics 19 (1985). Reprinted in Readings on Taxation in Developing Countries, edited by Richard Bird and Oliver Oldman. Fourth edition, Baltimore: Johns Hopkins Press, 1989.

With David Dapice. "Indonesia: External Adjustments and Growth," in A Policy Manual for the Open Economy, edited by Rudiger Dornbusch. Oxford University Press, 1988.

With Glenn Jenkins and Jim Lietzel. "Social Goals and Basic Needs: Telephone Access," in Telecommunications and Equity, edited by J. M. Miller. New York: North Holland, 1986.

"The Value-Added Tax and Financial and Housing Services." Pacers and Proceedings of the 1985 Conference. Toronto: Canadian Tax Foundation, 1986.

With Glenn Jenkins and Jim Lietzel. "Financing Universal Access in the Telephone Network." National Tax Journal (March 1986).

"Worldwide Experience in Sales Taxation: Lessons from North America." Policy Sciences 219 (1986).

"The Value-Added Tax and Financial Services," in Economic Essays in Honor of Byanti Kharmawan, edited by Dahlan Sutalaksann. Kuala Lumpur: SEACEN, 1989.

"Multinational Enterprises, Environmental and Resource Management Issues in the Tropical Forest Sector in Indonesia," in Multinational Corporations, Environment and the

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C.V. - Stephen Malcolm Gillis Page 15

Third World, edited by Charles Pearson, World Resources Institute. Durham, NC: Duke University Press, 1987.

"The Logging Industry of Tropical Asia," in People of the Rain Forest, edited by Julie Denslow and Christine Padoch. Berkeley: University of California Press, 1988.

With Gerry Sicat and Carl Shoup. "What Can Be Expected by Introducing Indirect Taxation: Instruction for a Value-Added Tax System" (translated version of Japanese title), in Nihon Keizai Shimbum, edited by Shinichiro Shimojo. Tokyo, 1988.

With Robert Repetto. "Deforestation and Government Policy." International Center for Economic Growth. Occasional Papers, San Francisco: International Center for Economic Growth, 1989.

"Tax Reform and the Value-Added Tax: Indonesia," in World Tax Reform, edited by Michael Boskin and Charles McLure. San Francisco: Institute of Contemporary Studies, 1991.

"Economics, Ecology, and Ethics: Tropical Conservation," in Economics, Ecology. and Ethics, edited by Boorman, Kellert, and Herbert. New Haven: Yale University Press, 1991.

"Legacies from the Shoup Tax Missions," Chapter 3 in Retrospective on Public Finance, edited by Lorraine Eden. Durham, NC: Duke University Press, 1991.

"Tacit Taxes and Sub-Rosa Subsidies in State-Owned Enterprises," Chapter 5 in More Taxing than Taxes, edited by Richard Bird. San Francisco: Institute of Contemporary Studies, 1991.

"Energi dalam Perekonomian Indonesia" (Energy in the Indonesian Economy) in Analisis Dan Metodoloaic Ekonomi Indonesia, edited by Sjahrir. Jakarta: P.T. Gramedia Pustaka Utama, 1991, (with David Dapice).

"Mending the Broken Circle: The Economic, Ecological, and Ethical Dimensions of Tropical Deforestation," South Atlantic Quarterly, 1991.

"Economic Policies and Tropical Deforestation," in Non-Timber Products From Tropical Forests: Evaluation of a Conservation and Development Strategy, edited by Daniel Nepsted and Stephen Schwartzman. The New York Botanical Garden (1993)

"Forest Incentive Policies," in Forest Policy, edited by Narendra Sharma. World Bank, Washington, D.C., 1993.

"The Indonesian Tax Reform After Five Years," in Taxation and Economic Development Among Pacific Asian Countries, edited by Richard A. Musgrave, Ching-huei Chang and John Riew, San Francisco, Westview Press, 1994. Reprinted in Hal Hill, editor, The Economic Development of Southeast Asia, (Cheltenham, U.K., Edward Elgar Publishing).

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“Challenged Universities,” Houston Business Review, Summer 1995, pp. 39-47 Reprinted in Journal of Student Financial Aid, vol. 25 #3, Fall 1995.

“Thinking Small/Thinking Big,” Technology Houston, 1996-97, Houston, Texas, Greater Houston Partnership. An expanded version was also published as: “Thinking Small: The Future of Nanoscale Science and Technology,” Houston Business Review, May 1996

With Peter Mieszkowski and George Zodrow, “Indirect Consumption Taxes: Common Issues and Differences Among the Alternative Approaches,” Tax Law Review, (New York University), vol. 51, number 4, pp. 725-774. (1998)

With Jeffrey R. Vincent, “Deforestation and Forest Land Use: A Comment,” The World Bank Research Observer, vol. 13, no. 1 (February 1998)

With Jeffrey R. Vincent, “National Self-Interest in the Pursuit of Sustainable Development,” in C. H. Ward and Jurgen Schmandt, Sustainable Development: The Challenge of Transition (New York Cambridge University Press, 1999)

“The Outlook for a Federal Tax on Consumption,” Energy Houston, vol. 2, no. 1 – 1999, pp. 70-73, International Business Publishers, Inc.

“Financial Crisis in East Asia: Underlying and Precipitating Factors” in Richard Snape, editor, Festschift for Anne O. Krueger, Macmillan, 2001

Gillis, Malcolm, “Historical and Contemporary Debate on Consumption Taxes,” in George Zodrow, Editor, Consumption Taxes, Cambridge University Press, 2002.

Gillis, Malcolm, “Tax Policy and Capital Formation: African Experience with the Value- Added Tax,” Policy Sciences, Vol. 34, 2001

4. Research Monographs:

Tropical Timber Concessions: Major Fiscal and Financial Issues, United Nations Center on Transnational Corporations, 1982.

With Ignatius Peprah. Severance Taxes on Coal and Uranium in the Sunbelt. Austin: University of Texas, Bureau of Business Research, June 1981.

Foreign Investment in the Forest-Based Sector of the Asia-Pacific Region, prepared for Food and Agriculture Organization (FAO), United Nations, 1981.

Foreign Investment in the Forest-Based Sector in Africa, prepared for FAO, 1983.

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Review of Economic Aspects of the Federal Sales Tax and Outline of Methodologies for Analysis of Economic Issues Associated with the Federal Sales Tax of Canada. April 1984 (with Nadine Baudot).

5. Articles Published in Books Edited or Co-Authored by M. Gillis: (excluding articles published in refereed anthologies)

The following appears in Musgrave, Richard A. and Malcolm Gillis. Fiscal Reform for Colombia. Cambridge, MA: Harvard Law School, International Tax Program, 1971.

---Gillis, "Reform of Municipal Indirect Taxes." Chapter 17.

The following appear in Gillis, Malcolm et al. Taxation and Mining: Non-Fuel Minerals in Bolivia and Other Countries. Cambridge, MA: Ballinger Publishing Co., January 1978:

a---Gillis, "Taxation, Mining and Economic Development."

b---Gillis, with Ulrich Petersen. "Perspectives on the Bolivian Mining Sector."

c---Gillis, with Glenn P. Jenkins. "The Macroeconomic Impact of the Mineral Exporting Sector on a Developing Economy." Chapter 3.

d---Gillis, with Meyer W. Bucovetsky. "The Design of Mineral Tax Policy." Chapter 4.

e---Gillis, with Meyer W. Bucovetsky and Louis T. Wells. "Comparative Mining Taxes." Chapter 5.

f---Gillis, "The Structure of Bolivian Mining Taxes." Chapter 6.

g---Gillis, with Louis T. Wells and Brian Wright. "Evaluation of the Present System of Mining Taxation."

h---Gillis, with Louis T. Wells and Ulrich Petersen. "Issues and Policies Related to Mining Tax Reform."

The following appear in Gillis, Malcolm and Ralph E. Beals. Tax and Investment Policies for Hard Minerals: Public and Multinational Enterprises in Indonesia. Cambridge, MA: Ballinger Publishing Co., 1980:

a---Gillis, "Economic Growth and Public Policy Toward Mineral Endowments in Developing Countries."

b---Gillis, with Ralph E. Beals and Glenn P. Jenkins. "The General Structure of Indonesian Mining Taxes."

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C.V. - Stephen Malcolm Gillis Page 18

c---Gillis, with Louis T. Wells. "Negotiating and Implementing Minerals Agreements with Multi-nationals: Critical Tax and Investment Issues."

d---Gillis, "Key Issues in Negotiating Uranium Agreements."

e---Gillis, "Comparative Minerals Taxes: Uranium, Tin, Copper, Bauxite and Nickel."

The following appear in Repetto, Robert and Malcolm Gillis, eds. Public Policy and the Misuse of Forest Resources. Cambridge University Press, 1988:

a---Gillis, "Indonesia: Public Policies, Resources Management and the Tropical Forest."

b---Gillis, "Malaysia: Public Policy and the Tropical Forest."

c---Gillis, "West Africa: Resource Management Policies and the Tropical Forest."

The following appear in Gillis, Malcolm, ed. Tax Reform in Developing Countries. Durham, NC: Duke University Press, 1989:

a---Gillis, "A Taxonomy of Tax Reform." Chapter 1.

b---Gillis, "The Indonesian Experience with Tax Reform." Chapter 4.

c---Gillis, "Lessons from Postwar Tax Reform." Chapter 14.

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Harvey McCue CURRICULUM VITAE

An aboriginal educator and specialist in aboriginal self-government with more than 30 years experience as a teacher, curriculum developer, researcher, author and executive manager in Indian education, and the federal government. A consultant in First Nations gaming, education, aboriginal health, and self-government with experience in evaluations, cross-cultural training and human resources.

Education Administration and Aboriginal Self-Government 1993 – 1995 Director of Education and Chief Executive Officer, Mikmaq Education Authority, Nova Scotia 1988 – 1993 Director General (EX-2), Education Branch, Indian Affairs and Northern Development, Ottawa; Director of Policy and Planning (EX-1), Education Branch, Indian and Northern Affairs, Ottawa 1983 – 1988 Director of Education Services, Cree School Board, James Bay, Quebec

Teaching 1969 – 1983 Associate Professor, Native Studies, Trent University, Ontario (assisted the founding and development of the Department of Native Studies)

Aboriginal Health 2004 Organized and Chaired two-day conference on First Nations Youth at risk, Musqueam First Nation, Vancouver 2002 – 2007 Founder, President and Coordinator of the national First Nations Youth At-Risk project, Ottawa Organized and Chaired two-day conference on First Nations High-Risk Youth, Squamish First Nation, Vancouver, funded by Imperial Tobacco 2000 - 2001 Originator and Coordinator of the national First Nations Youth anti-smoking pilot project, funded by Imperial Tobacco and Japan Tobacco, Montreal, Quebec 2000 - 2001 Consultant and writer for Mohawks of Akwesasne International Teaching Hospital and Research Institute, Akwesasne, Ontario 1996 - 1997 Consultant for the Ontario First Nation Health Survey for the Chiefs of Ontario, (the survey represented the Ontario region participation in the National Survey of First Nations and Inuit Health) 1995 - 1996 Co-developer of national Evaluation Framework for Aboriginal Headstart initiative (Health Canada) with five other aboriginal consultants 1995 - 1996 Consultant with Centre for Studies of Children at Risk, McMaster-Chedoke Hospital, Hamilton, Ontario on the development of effective strategies for aboriginal youth suicide prevention

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First Nations Gaming 1995 - 1996 Consultant for Casino Rama in three areas: First Nations recruitment, impact of Casino on Rama First Nation and First Nations affairs 1999 Provided training for 365 staff and management of the Great Blue Heron casino, Scugog First Nation, Ontario 1996 Developed curriculum on First Nations values and trained 340 Casino Rama supervisors, managers and executives as part of Casino Rama Management training Curriculum Development 2009 Produced AFM 6 – an on-line, 10 module, Aboriginal History course,for Aboriginal Financial Officers Association, Ottawa 2009 Co-produced tests, discussion topics and exams for FSMA curriculum, Phase Three, Aboriginal Financial Officers Association, Ottawa 2008-2009 Co-produced 13 Modules on FSMA (First Nations Fiscal and Statistical Management Act), Phase Two, First Nations Financial Management Board, Vancouver 2007-2008 Co-produced Curriculum on FSMA, Phase One, for Aboriginal Financial Officers Association, Ottawa 2002-2003 Produced 3-day training Module “Additions to Reserves” for Lands Directorate, Indian and Northern Affairs, Ottawa 1997 - 1998 Produced course curriculum “The History of the First Nations of Georgian Bay and Simcoe County” for Georgian College, Barrie, Ontario 1997 - 1998 Completed First Nations School Kit, “The Learning Circle”, for grades Six to Eight for Indian and Northern Affairs, Ottawa (in circulation nationally since 1999) 1997 Completed First Nations School Kit, “The Learning Circle”, for grades Three to Five for Indian and Northern Affairs, Ottawa (in circulation nationally since 1999) 1997 Completed First Nations School Kit, “The Learning Circle”, for grades Kindergarten to Two for Indian and Northern Affairs, Ottawa (in circulation nationally since 1999) 1996 Co-developer of two-year course curriculum on Aboriginal Health Administrators certificate program for Georgian College, Barrie, Ontario 1996 Completed feasibility study on an Aboriginal Science Curriculum for Aboriginal schools for Industry Canada, Ottawa 1996 Completed 12 Aboriginal Science curriculum projects for grades 3 to 5 for SchoolNet, Industry Canada, (www.schoolnet.ca/aboriginal/science2/index-e.html) 1996 Completed 12 Aboriginal Science curriculum projects for grades 6 to 8 for SchoolNet, Industry Canada, (www.schoolnet.ca/aboriginal/science/index-e.html) 1996 Completed Contemporary Aboriginal Issues curriculum for grades 9 to 12 for SchoolNet, Industry Canada, Ottawa (www.schoolnet.ca/aboriginal/issues/index- e.html) 1994 Produced Northern and Aboriginal mobile Science Camp curriculum for Industry Canada, Ottawa 1989 - 1992 Member of Steering Committee for MOKAKIT for the production of the elementary and secondary curriculum on Alcohol and Drug abuse for National Native Alcohol and Drug Abuse Program (NNADAP), Health Canada

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1973, 1974, 1977 Planned and contributed to People of Native Ancestry curriculum guidelines for Ontario Ministry of Education, Primary and Junior Division, Intermediate Division and Senior Division

Research 2008-2009 Author-researcher, “A First Nations E-Learning Strategy”, First Nations SchoolNet, INAC, Ottawa 2006 Advisor-Consultant, Development of a national Aboriginal Strategy, Agriculture Canada, Ottawa 2006 Facilitator, Joint Working Group on Education, Assembly of First Nations and INAC, Winnipeg 2006 Facilitator, Aboriginal Justice Directorate, Justice Canada, Ottawa 2005 Facilitator, Aboriginal Policing Directorate, Public Safety and Emergency Preparedness Canada, Ottawa 2003 – 2004 Co-produced “Restructuring of LMTP- Phase 2” Training program for LTS, INAC, Ottawa 2003 - 2005 Advisor and Analyst, First Nations SchoolNet, Industry Canada, Ottawa 2002 Facilitator, Minister’s National Working Group on Education, INAC, Ottawa 2002 Facilitator, Expert Panel on First Nation Education, INAC, Ottawa 2002 Co-produced “Analysis of INAC Education Expenditures”, INAC, Ottawa 2001 – 2002 Completed draft Policy Framework on Safer Aboriginal Communities for National Crime Prevention Centre, Ottawa 2001 – 2002 Completed outline for a Kaska Nation Government for the Kaska Nation, Yukon and British Columbia 1999 - 2000 Produced “Protocol on Aboriginal People and Communities” for National Defence, Ottawa Produced Aboriginal Recruitment Manual for National Defence, Ottawa 1999 Facilitator for the Aboriginal Healing Foundation, Ottawa 1998 – 1999 Completed analysis of First Nations Elementary-Secondary Education for the Assembly of First Nations, Ottawa – Final Report available in hard copy and online 1998 - 1999 Co-produced report on Aboriginal Recruitment for the Department of National Defence, Ottawa 1998 - 2000 Recruited and Chaired an Advisory Committee on Public Education for Indian and Northern Affairs, Ottawa 1998 Completed analysis of the Aboriginal Justice Learning Network for the Aboriginal Justice Directorate, Department of Justice, Ottawa 1998 Consultant and facilitator for Akwesasne Board of Education, Akwesasne 1997 Produced an HR data bank for an Aboriginal Peoples Speakers Bureau for Indian and Northern Affairs, Ottawa 1996 Completed analysis of six Self-Government Agreements for Indian and Northern Affairs, Ottawa – Final Report available in hard copy and on-line 1994 - 1995 Member, National Advisory Board on Science and Technology(NABST). NABST provides advice to the federal government on science and technology and is chaired by the Prime Minister

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1974 -1975 Associate Chairman, Research Objectives Committee on the Communications Technology Satellite (CTS) for the Ontario Education Communications Authority (OECA , now TVOntario) 1972 - 1974 Coordinator, Historical and legal research for Cape Croker and Saugeen First Nations, Ontario

Conducted research for over 50 other presentations and papers (published and unpublished, complete list available on request)

Publications/Major Reports 2008 Writer and Researcher, “FNs SchoolNet Policy and Presentation”, SchoolNet RMOs, Ottawa 2007 Writer, “AFN Education Vision Statement”, Assembly of First Nations, Ottawa 2006 Writer, “AFN Education Position Papers”, Assembly of First Nations, Ottawa 2006 Writer and Researcher, “Aboriginal PSE: A Discussion Paper”, Centre for Native Policy and Research, Vancouver 2006 Writer and Researcher, “First Nations 2nd Level Services”, INAC, Ottawa 2004 Writer and Researcher, “A Time for Renewal: A Discussion Paper on First Nations Education in Ontario”, Chiefs of Ontario, Toronto 2004 Co-writer and consultant, “Restructuring the Land Management Training Program”, INAC, Ottawa 2003 Author and researcher, “A Narrative History of the Aboriginal Healing Foundation”, Aboriginal Healing Foundation, Ottawa 2003 “A Review and Evaluation of Lands and Trusts Service Training”, INAC, Ottawa 2002 Writer, draft Final Report of the Minister’s National Working Group on Education, INAC, Ottawa 2000 Writer, “Fixing Indian Education”, Windspeaker, Alberta and Turtle Island Native Network 2000 Author, Strengthening Relationships Between the Canadian Forces and Aboriginal People, Department of National Defence, Ottawa 1999 Edited, revised and wrote portions of “Pathways to Employment: Military and Civilian Career Choices”, a youth Guide to Employment, National Defence, Ottawa 1997 “Native Culture and The Recording of History” in The Place of History: Commemorating Canada’s Past , The Royal Society of Canada 1996, 1985 Editor and contributor, Native Peoples section, The Canadian Encyclopedia and The 1997 Canadian Encyclopedia Plus, CD - ROM 1994 “The Modern Age, 1945 - 1980” in Aboriginal Ontario: Historical Perspectives, Dundurn Press 1986 Teacher’s Handbook, Cree School Board, James Bay, Quebec 1970, 1975 General editor and contributor, The Only Good Indian, (3 editions) New Press, Toronto

22 other papers, chapters and articles (complete list available on request)

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Evaluations 2009 Evaluation of the BES Training Program, SEPRO, INAC, Ottawa 2006-07 Evaluation of the Special Education program, Phase 1 & 2, INAC, Ottawa 2006 Evaluation of the Housing Department, Mohawks of the Bay of Quinte, Tyendinaga 2005 Analysis of the Silu’ Corporation for the National Aboriginal Capital Corporations Association (NACCA), Ottawa 2005 Evaluation of the National Aboriginal Youth Business Program for the National Aboriginal Capital Corporations Association (NACCA), Ottawa 2003 Mid-term review of the Crime Prevention and Public Safety Initiative, Solicitor- General, Canada, Ottawa 2002 – 2003 Evaluation of the Land Management Training Program (LMTP) for Lands and Trust Services, INAC, Ottawa 2001 – 2002 Prepared preliminary evaluation methodology for the First Nations Policing Program, Aboriginal Policing Directorate, Ottawa 2000 Completed evaluation of Management Trainee Program (MTP) for the Personnel Psychology Centre, Public Service Commission, Ottawa 2000 Conducted Final Evaluation of the Aboriginal Community Corrections Initiative for the Aboriginal Corrections Policy Unit, Solicitor General, Canada, Ottawa 1993-1994 Evaluated Nova Scotia Ministry of Education policies and education programs for Mikmaq students 1988-1993 Participated and directed several internal evaluations of federal Indian Affairs policies in education, including national funding criteria 1974 Evaluated communication facilities and alternatives in isolated and northern reserves in Northern Ontario, report published in the Journal of Anthropology, McMaster University, Vol. 1, #1, 1977 1971 Evaluated aboriginal post-secondary education opportunities for the Commission on Post-Secondary Education in Ontario, report published in “Post-Secondary Educational Opportunity of the Ontario Indian Population” Cross-Cultural Training 1985 - 1987 Developed curriculum on First Nations childrearing and learning styles and trained 12 Principals and 4 Vice-Principals, Cree School Board, as part of Cree School Board Principal’s training Developed and delivered cross-cultural training workshops on Aboriginal learning styles to non-Cree elementary and secondary school teachers, Cree School Board Affiliations: 1998 - 2002 Member, National Advisory Council for the Canadian Bankers Association, Toronto, Ontario 1995 - 2005 Associate, Association House, Ottawa (Association House is a public relations and consulting firm) 1999 - 2007 Member, Ontario Advisory Council, Breakfast for Learning, Toronto, Ontario 2003 - 2005 Board Member, Ontario Aboriginal Sports Circle, Brantford, Ontario 2005 - 2007 Co-Chair, Ontario Advisory Council, Breakfast for Learning, Toronto, Ontario 2007 – 2009 Board Member, Canadian Living Foundation, Breakfast for Learning, Toronto 2009 – Member, Board of Governors, Trent University, Peterborough 2009 - Member, Ontario Heritage Trust Board, Toronto

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5.8 APPENDIX G: SURVEY AND INTERVIEW CORRESPONDENCE

MAB II & Associates Appendix xlix

MAB II & Associates Appendix l

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6 Bibliography/References

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MAB II & Associates, LLC Bibliography lix . . . . 7 Index . . . . All Chiefs' Task Force...... 23, 26, 27 Harry Cook...... 23 AUCC...... 21, 25, 26, 27, 29, 32, 36 Harry LaFond ...... 23 Background...... 19 Historical Events...... 22 Barry Ahenakew ...... xvi INAC...... 18, 26, 28, 38, 121, 123, xx Board Compensation...... 13 Information Sources...... 18 Board Fundamental Principles...... 12 Introduction...... 16 Board Relationship to FNUniv Administration ... 14 Karri-Lynn Paul ...... 23 Board Selection...... 11 Kathy Heinrich...... 23 Board Subcommittees ...... 12 Ken Goodwill ...... 23 Board Terms...... 13 key governance success factors...... 9 CAUT ...... 28, 32, 36, 37 Lead Governance Officer ...... 14 Charles Pratt...... 23, 36, xvi, xviii Merrilee Rasmussen...... 23 conflict of interest ...... 41, 42, 99, 115, 121, 123 Morley Watson...... 22 Current Environment ...... 35 Nominating Committee...... 11 Del Anaquod ...... 23 Overall Recommendation ...... 10 devise written policies ...... 14 Overview ...... 18 Dr. Eber Hampton...... 23 Pipe Ceremonies ...... 9 Executive Summary...... 8 purpose of the Governing Board...... 10 FNUniv History...... 21 References ...... xxxi FNUniv Vision...... 34 Research Design...... 18 FSIN ..... 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 32, 36, Seven Process Steps...... 16 37, 39, 41, 42, 90, 110, 111, 121, 123, xvi, xvii, SIIT...... 38, 42 xix, xxxi Sounding Board...... 17 FSIN Organizational Chart...... 19 Recommendations...... 128 George Ivany...... 23 Sweat Lodge Ceremony...... 9 George Mansley...... 22 Traditional Historical Governance...... 44 Global Standards...... 89 URFA...... 23 Hanselmann...... 28 Vice Chief Lyle Whitefish...... 28 Hanselmann Report...... 28 vision...... 8

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