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First Nations Government Report Report Concerning Relations Between Local Governments and First Nation Governments Submitted to the Provincial/Territorial Senior Officials of Local Government Committee by Alberta Municipal Affairs, in Cooperation with British Columbia’s Ministry of Community, Aboriginal and Women's Services and Manitoba Intergovernmental Affairs Report Prepared by Tamera Services Ltd. May 31st, 2002 Suite 220, 10403 – 172 Street Edmonton, Alberta T5S 1K9 Report Concerning Relations Between Local Governments and First Nation Governments Table of Contents Executive Summary.......................................................................................................... 4 I. Introduction .................................................................................................................. 9 II. Project Tasks............................................................................................................... 9 III. Background – the Relationship Environment ...................................................... 11 IV. Interaction/Relationship Success Stories and Challenges ................................... 13 Building and Maintaining Relations ........................................................................... 13 Leadership is Critical.................................................................................................... 17 Formal Arrangements .................................................................................................. 18 Resources, Expertise and Capacity.............................................................................. 22 Governments Must Educate Each Other..................................................................... 23 Impact on Local Issues................................................................................................. 25 V. Conclusion ................................................................................................................. 28 Appendix “A” - A Perfect World .................................................................................. 30 Appendix “B” - Acronyms ............................................................................................. 32 Appendix “C” - Questionnaires..................................................................................... 33 Appendix “D” - Interviewees & Respondents.............................................................. 37 Appendix “E” - Terms of Reference ............................................................................. 40 Appendix “F” - Research Materials List ...................................................................... 41 Appendix “G” – Benoit Case Summary........................................................................ 46 Executive Summary.......................................................................................................... 4 I. Introduction .................................................................................................................. 9 II. Project Tasks............................................................................................................... 9 - 2 - Report Concerning Relations Between Local Governments and First Nation Governments III. Background – the Relationship Environment ...................................................... 11 IV. Interaction/Relationship Success Stories and Challenges ................................... 13 V. Conclusion ................................................................................................................. 28 Appendix “A” - A Perfect World .................................................................................. 30 Appendix “B” - Acronyms ............................................................................................. 32 Appendix “C” - Questionnaires..................................................................................... 33 Appendix “D” - Interviewees & Respondents.............................................................. 37 Appendix “E” - Terms of Reference ............................................................................. 40 Appendix “F” - Research Materials List ...................................................................... 41 Appendix “G” – Benoit Case Summary........................................................................ 46 - 3 - Report Concerning Relations Between Local Governments and First Nation Governments Executive Summary This report describes some of the key elements and resources necessary to ensure positive relationships between local governments and First Nations. Interaction between local governments and First Nations has increased and become more complex, partly as a result of land claim settlements and self-government negotiations. The creation of urban and economic development reserves, different tax treatment of Indian lands, the need for joint planning, and issues related to cost recovery for municipally provided services to reserves have brought local government-First Nation relationships to the fore. Information for the report was gathered through a survey of municipal organizations and local governments, interviews with municipal leaders, administrators, provincial/territorial officials and various experts in local government-First Nation relationships. An array of relevant articles and studies were also reviewed. Principles and Recommendations A. Building and Maintaining Relations is Fundamental to Avoiding Conflict and Resolving Disputes in a Positive Manner Provincial and territorial governments should encourage local governments and First Nation governments to engage in relationships at the individual level, at the community level, and to build on personal interactions by encouraging and formalizing open, honest, face-to-face dialogue between governments. i.) The most important factor in establishing and maintaining good intergovernmental relations is developing and maintaining good relationships through open communication and face-to-face meetings. ii.) Adjacent aboriginal and non-aboriginal communities that consider themselves to be a whole community tend to have more positive relationships. 1. Provide resources to, provincial and territorial municipal organizations to administer an ongoing “Community to Community Forum Program”. An excellent model to consider is the program currently being administered in British Columbia at the local and provincial level by the Union of British Columbia Municipalities. 2. Seek out, encourage and resource ad hoc joint initiatives between municipal interest groups and First Nation interest groups to form joint advisory committees. These advisory committees could travel to local communities and engage the community in whatever the issue may be. - 4 - Report Concerning Relations Between Local Governments and First Nation Governments 3. Encourage and resource local governments to employ aboriginal persons and to undertake procurement through aboriginal suppliers. 4. Develop and resource, in conjunction with local governments and First Nation governments, communication plans that broadcast in a variety of media, stories of positive aboriginal and non-aboriginal governmental and community interactions. B. Leadership is Critical in Establishing and Maintaining Ongoing Positive Relationships Between First Nation and Local Governments Provincial and territorial governments should encourage and support educational programs designed to help political leaders and government administration find common ground. i) At some point, elected and employed officials of First Nations and local governments must recognize the importance of identifying common interests and the pursuit of mutual benefits. 1. Encourage, develop, facilitate and resource educational programs for local governments and First Nation governments and staff to jointly attend. Interest based negotiation techniques should form the core of the programs developed. C. Formal Arrangements Such as Memoranda of Understanding, Agreements in Principle and Development and Service Agreements, Help Institutionalize Positive Working Relationships Provincial and territorial governments should assist local governments and First Nation governments in the preparation of various forms of agreements and protocols that facilitate positive relationships. Federal/Provincial/Territorial Agreements touching on local government and aboriginal issues should be drafted in a way that facilitates positive relationships between local governments and First Nation governments. i.) Bottom-up agreements are successful in stimulating interest in cooperative government. ii.) Treaty Framework Agreements that require agreement or good faith discussions prior to reserve creation can also serve as inducements to bring First Nation and local governments together to negotiate. iii.) Precedents provided to First Nations and local governments are useful as they help organize minds and reduce anxiety over the unknown. iv.) Precedents prepared for First Nations and local governments do not replace the need to access advisors with specialized knowledge. v.) Good technical people involved in the drafting process are necessary but good drafting does not create good relationships. - 5 - Report Concerning Relations Between Local Governments and First Nation Governments vi) Agreements can set out Alternate Dispute Resolution (ADR) processes that provide certainty, flexibility, predictability and empower all participants. 1. Manuals, precedent service1 and development agreements
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