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Managing Land, Governing for the Future: Finding the Path Forward for Membertou

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Managing Land, Governing for the Future: Finding the Path Forward for Membertou The Atlantic Aboriginal Economic Development Integrated Research Program, AAEDIRP Managing Land, Governing for the Future: Finding the Path Forward for Membertou September 2013 Report prepared by Rachel Starks, with assistance from Janice Esther Tulk, Tamara Young, Mary Beth Doucette, Trevor Bernard, and Cheryl Knockwood THE ATLANTIC ABORIGINAL ECONOMIC DEVELOPMENT INTEGRATED RESEARCH PROGRAM (AAEDIRP) THE ATLANTIC POLICY CONGRESS OF FIRST NATIONS CHIEFS The AAEDIRP is a unique partnership between the member communities of the Atlantic Policy Congress of First Nation Chiefs Secretariat (APCFNC), the Innu and Inuit of Labrador, twelve Atlantic Canadian universities, and federal and provincial government funders. The AAEDIRP funders include Aboriginal Affairs and Northern Development Canada (AANDC), the Atlantic Canada Opportunities Agency (ACOA), the Department of Fisheries and Oceans Canada (DFO), and the Office of Aboriginal Affairs for the Province of Nova Scotia. The main purpose of the AAEDIRP is to improve the knowledge base concerning Atlantic Aboriginal economic development in order to improve the lives of Aboriginal peoples in the region. To achieve this mandate, the AAEDIRP conducts research that is relevant to Atlantic Aboriginal communities and organizations by linking community needs with Atlantic university resources and by using community-based participatory research methods. The research projects approach community economic development from a broad, holistic perspective based on Aboriginal culture, languages and direction from Elders. The AAEDIRP’s university partners include: Acadia University Cape Breton University Dalhousie University Memorial University Mount Allison University Mount Saint Vincent University Saint Mary’s University St. Francis Xavier University St. Thomas University Université de Moncton University of New Brunswick University of PEI The AAEDIRP is administered by the APCFNC. The APCFNC is a non-profit organization that was formed in 1992, and incorporated in 1995. The APCFNC speaks with one voice on behalf of First Nations communities in Atlantic Canada. The mandate of the APCFNC is to research, analyze and develop alternatives to federal policies affecting Mi'kmaq, Maliseet, Innu and Passmaquoddy First Nations in the Atlantic region. Through research and analysis, the APCFNC also develops and tables policy alternatives on socio-economic issues affecting First Nations communities in Atlantic Canada, Quebec, and Maine, USA. Copyright © 2013, Atlantic Policy Congress of First Nations Chiefs Secretariat Disclaimer: The authors of this publication have worked independently and opinions expressed by them do not necessarily reflect the opinions of the Chiefs, Communities, staff or funders of the Atlantic Policy Congress of First Nations Chiefs. For More Information, Please Contact: The Atlantic Policy Congress of First Nations Chiefs Secretariat 153 Willowdale Drive, Dartmouth, Nova Scotia B2V 0A5 (902) 435-8021 www.apcfnc.ca 2 Managing Land, Governing for the Future: Finding the Path Forward for Membertou Research Team Academic Team Lead Rachel Starks, Senior Researcher and Research Coordinator, Native Nations Institute, University of Arizona Community Research Team Lead Cheryl Knockwood, Governance Coordinator, Membertou Co-Researchers Trevor Bernard, Executive Director, Membertou Mary Beth Doucette, Director, Quality Assurance and ISO Compliance, Membertou and Associate Chair, Purdy Crawford Chair in Aboriginal Business Studies, Cape Breton University Miriam Jorgensen, Research Director, Native Nations Institute, University of Arizona Janice Esther Tulk, Senior Research Associate, Purdy Crawford Chair in Aboriginal Business Studies, Cape Breton University Tamara Young, Student Researcher, Purdy Crawford Chair in Aboriginal Business Studies, Cape Breton University Faculty Supervisors Keith G. Brown, Vice President, International and Aboriginal Affairs, and Chair, Purdy Crawford Chair in Aboriginal Business Studies, Cape Breton University Stephen Cornell, Director, Udall Center for Studies in Public Policy, University of Arizona Independent Reviewer John Borrows, Robina Chair in Law, Public Policy and Society, University of Minnesota Advisory Committee: Membertou Governance Committee Candice Paul Gloria Nicholas Muriel Moore-Waldvogel Dr. Peter Christmas Katy McEwan Eileen Paul Trevor Bernard Alexandria Christmas Angela Paul Jennifer Martin Dan Christmas Laurianne Stevens Pam Paul Mary Beth Doucette Laurie Doucette Michael Isadore Ike Paul Janine Christmas Deanna Joe Jane Bernard Margaret Johnson Peter Waldvogel Bernadette Christmas Jacob Marshall Jane. E Meader Rebecca Scirocco-Paul Austin Christmas Jeff Ward Derek B. Christmas Donna Brown Donna Christmas 3 AAEDIRP Research Subcommittee Chief Darlene Bernard, Lennox Island First Nation (sitting member for 2011-2013) Dr. Jeff Orr, Professor and Dean, Faculty of Education, St. Francis Xavier University Dr. Sharon Taylor, Associate Professor, School of Social Work, Memorial University Dr. Laurel Lewey, Assistant Professor, Department of Social Work, St. Thomas University John Paul, Executive Director, Atlantic Policy Congress of First Nations Chiefs Patti Doyle-Bedwell, Director and Associate Professor, Transition Year Program/College of Continuing Education, Dalhousie University Robert Atwin, Executive Director, First Nations Education Initiatives Inc. Acknowledgements The research team would like to thank the following people for their participation in this project: Membertou community, personnel, and Chief and Council Debra Campbell – Professional Development Manager and Master Instructor at National Aboriginal Land Managers Association (NALMA), and Musqueam Indian Band citizen Meko Nicholas – Assistant Director of Land Advisory Board Resources Centre (LABRC), and Tobique First Nation citizen Additionally, we thank the contributors from the following communities: Westbank First Nation Tzeachten First Nation Haida Gwaii, Council of the Haida Nation Tsawwassen First Nation Sliammon First Nation Whitecap Dakota First Nation Muskoday First Nation Nipissing First Nation Georgina Island First Nation Nunatsiavut Labrador Inuit Government 4 Executive Summary This in-depth, interview-based study was commissioned by Membertou Chief and Council and the Membertou Governance Committee, and funded by the Atlantic Aboriginal Economic Development Integrated Research Program to investigate methods by which Membertou First Nation can further increase its decision-making power over economic development. Membertou has made significant economic strides but increasingly struggles against the limits of Canada’s Indian Act, especially in terms of land management. Without a well understood, reliable, and transactionally efficient land regime, the First Nation cannot achieve its community development goals. In fact, recent experiences with commercial and residential development have underscored the insufficiency of Indian Act protocols and the limits on “work-arounds” Membertou has used to avoid those protocols. A wholly new approach is needed. Membertou’s leadership has made the decision to participate in the Framework Agreement on First Nation Land Management as a means of opting out of the lands- relevant portions of the Indian Act. This project emerges from that decision and addresses the following questions: What more does the nation need to do at the level of band governance to implement the Framework Agreement? What institutional and legal infrastructure is needed to support First Nation-led land management? What might Membertou learn from other First Nations that are managing their own lands (under the Land Management Act or other arrangements such as self-governance agreements, treaty settlements, and comprehensive land claims)? What are the preferences of the Membertou community in terms of land management arrangements? Embarking on this study, Membertou already had some understanding of the issues surrounding land management. Band leadership knew that: There is a divergence of community opinions on how land should be used. Community opinions are not easily addressed under Indian Act system – communities need to have more control to figure this out. Aboriginal communities have different reasons for taking over land management (location-specific issues, participation in the larger economy, a desire to better manage the reserve land base). Improved land management practices and procedures could strengthen and develop economic partnerships. There is diversity in land management models, and no one solution works for every First Nation. Interviews with lands managers from ten Aboriginal governments† (representing four provinces) and two experts in First Nations lands management focused on the points to † Westbank First Nation (BC), Tzeachten First Nation (BC), Haida Gwaii, Council of the Haida Nation (BC), Tsawwassen First Nation (BC), Sliammon First Nation (BC), Whitecap Dakota First Nation (SK), 5 consider when developing a lands management system. These key informants’ points ranged from practical details of organizational structure and institutional capacity to cultural considerations, such as the importance of incorporating cultural practices and priorities into the land management code. Lands management experts advised Membertou to: Decide on the most appropriate organizational structure for a lands management office; Be aware of the First Nation’s land tenure situation and the implications of current allotment practices; Build institutional
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