AFN Renewal Commission : Recommendations 2005

AFN Renewal Commission Report of Recommendations 2005

A Treaty Among Ourselves

Returning to the Spirit of Our Peoples

AFN Renewal Commission

Report 2005 Assembly of First Nations Renewal Commission 473 Albert Street, 8th floor, Ottawa, ON K1R 5B4 (613) 241-6789 • toll-free: 1-866-869-6789 www.afn.ca Table of Contents table of . . . contents...... Letter of Transmittal 1

Preamble ...... 2

Introduction ...... 5 Background ...... 5 Mandate and Methodology ...... 5 Report Structure ...... 6

Chapter 1 - Our Shared Vision of Renewal AFN Renewal Vision ...... 7 AFN Renewal Framework...... 8 Why is AFN Renewal Required?...... 9 Implementing the Recommendations to Achieve the Vision ...... 13 Renewal is an Honourable Goal ...... 14

Chapter 2 - An AFN Rooted in Culture: Respect For First Nation Values Introduction ...... 15 Issue: First Nation Values ...... 17 Issue: Traditional Leadership and Decision-Making Practices ...... 18 Issue: First Nation Traditional and Cultural Practices and Languages ...... 19

Chapter 3 - Making the AFN Representative Introduction ...... 21 Issue: Defining AFN Membership ...... 22 Issue: Exercising the Rights of Membership ...... 23 Issue: Representation of Individual First Nation Citizens and Urban First Nation Organizations ...... 25 Issue: National Election ...... 27 Issue: Relationships with Other First Nation Organizations ...... 30 Issue: Effective Representation in National Forums ...... 32 Issue: Effective Representation in International Forums...... 33 Issue: Support for Nation-Building ...... 36

Chapter 4 - A Responsive AFN: Renewing AFN Governing & Corporate Structures Introduction...... 39 Issue: Treaties ...... 41 Issue: AFN Assembly Structures...... 43 First Nations-in-Assembly...... 43 The Confederacy of Nations ...... 43 Issue: Executive Structures ...... 45 The AFN Executive Committee ...... 45 The National Chief ...... 48 AFN Regional Chiefs ...... 50 Issue: Advisory Structures (Councils: Elders, Women, Youth) ...... 52 Elders ...... 53 Women ...... 53 Youth ...... 55 Modifications to AFN Advisory Councils...... 56 Issue: Corporate (Administrative) Structures ...... 57 Issue: Accountability...... 60 Issue: Funding Arrangements ...... 61 Issue: Regulatory Structures...... 63 Office of the Auditor General...... 63 AFN Chief Electoral Officer ...... 64

i A Treaty Among Ourselves: Returning to the Spirit of Our Peoples AFN Renewal Commission Report of Recommendations 2005 Printed in Canada. ISBN 1-894804-26-0

Aussi disponible en français sous le titre « Un traité entre nous : Retour à l’esprit de nos peuples. Commission du renouvellement de l’APN Rapport 2005 des recommandations » (ISBN 1-894804-27-9). Chapter 5 - A Respected and Effective AFN: Renewing AFN Procedures Introduction ...... 65 Creating a Climate of Respect ...... 66 AFN Assemblies and Assembly Procedures ...... 67 Issue: Strategic Planning for a National First Nations Agenda...... 68 Issue: Setting the Assembly Agenda...... 68 Issue: Quorum...... 70 Issue: Participation in AFN Assemblies ...... 71 Issue: Resolutions, Decision-Making and Voting ...... 73 Issue: The Assembly Speaker ...... 77 Issue: Use of French and English at Assemblies...... 78 Conflict Resolution Process ...... 79 The AFN Policy Process...... 81 Issue: Chiefs’ Committees ...... 82 Issue: National Policy Forums...... 83

Chapter 6 - Rooted and Responsive AFN Communications Introduction...... 85 Issue: AFN Communication Strategies ...... 88 Issue: Information Technology ...... 88 Issue: Public Education ...... 89 Issue: Research and Policy Support...... 90 Issue: Communicating in French and English ...... 90 Chapter 7 - Rooted-Representative-Responsive-Respected: Implementing AFN Renewal Introduction ...... 91 Implementation Oversight ...... 92 Conclusion: A Treaty Among Ourselves ...... 93 Implementation Plan ...... 96

Appendices ...... 123 Appendix A — AFN Renewal Commission Terms of Reference ...... 127 Appendix B — Commissioners’ Biographies ...... 128 Appendix C — Commission Hearings ...... 130 Appendix D — Glossary ...... 134 Appendix E — Revised AFN Charter ...... 137 Appendix F — Code of Conduct ...... 154 Appendix G — Oath(s) of Office ...... 155 Appendix H — Conflict of Interest Declaration ...... 157 Appendix I — AFN Standing Rules of Procedure for Assemblies ...... 159 Appendix J — Speakers’ Guide...... 171 Appendix K — Electoral Rules...... 172 Appendix L — Consolidated Recommendations ...... 175

Acknowledgments ...... 179

ii The Vision is one in which the AFN exists to support

First Nations as they strive to achieve self-reliance and self-determination. letterLetter ofof Transmittal transmittal — RANSMITTAL

National Chief Phil Fontaine and Members of the Assembly of First Nations: T

WE ARE HONOURED to submit to you this report on the renewal of the Assembly of First Nations entitled: A Treaty Among Ourselves. ETTER OF L When the AFN Renewal Commission was launched in January 2004, the Co-Chairs were given authority to select Commissioners based on criteria such as political or public experience, legal or academic background, broad understanding of First Nations issues and the ability to advance a national perspective. Selection also took into consideration issues of gender, youth, Elder and regional balance.

Nine Commissioners were appointed: · Mary Louise Bernard (Nova Scotia) · Michele Rouleau (Quebec) · Sylvia Maracle (Ontario) · Marion Ironquill Meadmore (Manitoba) · Henry Delorme (Saskatchewan) · Gregg Smith (Alberta) · François Paulette (Northwest Territories) · Ginger Gosnell (Youth Representative) · Neil Sterritt (British Columbia)

All the Commissioners, with the exception of youth representative Ginger Gosnell, were able to serve for the duration of our mandate.

In accordance with our terms of reference, we have undertaken broad-based discussions with First Nations and First Nations citizens across Canada, including urban First Nations peoples, about the renewal and restructuring of the Assembly of First Nations. We are grateful for the many thoughtful presentations, considered comments and written submissions we received. Without these important contributions this Report could not have been written: we wish to acknowledge the essential contributions of all the presenters to the Commission. We have been impressed with the degree of concern, commitment and regard that all participants in this renewal process expressed toward the Assembly of First Nations and its future.

What we as a Commission heard and what we learned and concluded about AFN renewal, is set out in this Report. A small portion of what we heard is reflected in quotations included throughout. While it is impossible to capture all comments made, we are confident that those who participated will recognize their important contributions to the renewal initiative in our analysis and recommendations for a restored and revived Assembly of First Nations.

We are inspired by what we’ve heard. And our main inspiration is that we as First Nations peoples have clung to a vision of a future that is ours to create and mold for future generations. At the same time we are attentive to our past and respectful of those who have gone before us.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 1 — The challenge for the AFN is no less important today than it was in the early 1980s, when the Chiefs in Assembly defined the AFN as a national organization of First Nations. We still need to be vigilant in upholding our rights, ensuring the integrity of our land and fostering the well-being of our peoples and communities. But, over the past twenty years, significant changes have occurred. RANSMITTAL T The constitutional and legal environment in which we assert and exercise our rights has changed. As a result, many First Nations are now engaged in processes of nation-building and decolonization. A renewed AFN must respond to these changes and position itself to support and assist all First Nations in Canada, no matter ETTER OF

L where they are in the nation-building and decolonization processes. AFN Renewal is needed to carry out the First Nations-Federal Crown Political Accord on the Recognition and Implementation of First Nation Governments signed in May 2005 with the Government of Canada. The Accord holds much potential to usher in a new era in our relationship with Canada, to restore our Treaty relationships and to revive our Nations.

The social and economic conditions of First Nations also have changed in the past two decades, though there remain disparities between quality of life indicators for First Nation and non-First Nations peoples and communities in Canada.

AFN Renewal should support First Nations achieve the purposes and objectives that are set out in the AFN’s recent report Our Nations, Our Governments: Choosing Our Own Paths. In particular, we believe the AFN has a role to play in advancing the interrelated objectives of improving the social and economic well-being of our people and ensuring implementation and recognition of our rights. In fulfilling this role, the Assembly of First Nations can and will remain relevant to all First Nations and First Nation citizens. The AFN, simply put, will continue to be an essential part of our collective vision for the future.

To meet the challenges of renewal at this time we as Co-Chairs, together with our fellow Commissioners, believe the AFN must adjust and grow. As a result of this Commission’s work, we note with approval that change and renewal, in some areas, has begun already within the AFN in anticipation of the tabling of this report. This is a positive development: the AFN must believe in and engage in the ongoing evolutionary process of renewal to strengthen its effectiveness on the national and international stages, as the principal national organization representing First Nations and their citizens.

We believe through the agenda of renewal that the Commission sets out in this Report, an AFN rooted in First Nation values and culture will emerge. Our recommendations propose that the AFN become more broadly representative of First Nations and their citizens, including urban First Nations peoples. As a more representative and responsive organization, the AFN will carry the respect and honour of First Nations, including in the forums of Confederation such as First Ministers Meetings and in international forums such as the United Nations. All of these things are part of the vision that First Nations and citizens have for the Assembly of First Nations. It is a vision that is shared by the AFN Renewal Commission and which we believe can be made real through implementation of this Report’s recommendations.

Wendy John, Co-Chair

R.K. (Joe) Miskokomon, Co-Chair

Ottawa – September 21, 2005

2 AFN Renewal Commission Report 2005 Preamble — preamblehe origins of the Assembly of First Nations can be found in the early efforts of First Nations people to organize

politically at the end of the First World War. First Nation veterans returned to Canada with heightened political REAMBLE P Tawareness, but found the human rights and dignities they had fought for in Europe were overlooked at home and made a mockery of in the treatment of Indian peoples on reserves. Between 1919 and the early 1930s, the League of Indian Nations of Canada actively opposed the assimilationist policies of the day – including involun- tary enfranchisement of veterans, oppressive economic policies, limitations on the right to travel outside reserves and the taking of Indian lands through questionable land surrenders.

Although the League of Indian Nations was unable to bring a national organization into being, its activities planted the seeds of 20th century Indian political activism and organization. It laid the early foundations of what would emerge, much later, as the National Indian Brotherhood and its successor organization, the Assembly of First Nations.

One of the most important contemporary Indian political developments was the introduction in 1969 of the White Paper – Canada’s Statement on Indian Policy – by the then Minister of Indian Affairs Jean Chrétien. Newly formed provincial and territorial Indian organizations, representing primarily status Indians, joined forces with status Indian leaders of the National Indian Council (which also represented non-status and Métis peoples) and members of the federally organized National Indian Advisory Council in opposition to the White Paper. They coordinated their efforts through an executive, known as “the National Indian Brotherhood”, comprising the presidents of provincial and territorial organizations.

First Nations were galvanized in their united opposition to the White Paper and its overall intent to do away with Indian rights and “the special status of the Indians”. Acting in solidarity through the National Indian Brotherhood, First Nations successfully forced federal withdrawal of the White Paper. Under Harold Cardinal’s leadership in 1970 the Indian Association of Alberta presented to the federal government Citizens Plus, more commonly known as the Red Paper. The Red Paper set out an alternative view, describing how Indian peoples wished to contribute to Canadian society while concurrently exercising rights and power at the community level.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 3 — REAMBLE P Also in 1970, George Manuel, the first elected president of the National Indian Brotherhood, took up residence in Ottawa, giving the national organization what has now become a permanent presence in the Nation’s capital. The National Indian Brotherhood made gains in education and economic development and branched out into the international arena, contributing to the formation of the World Council of Indigenous Peoples. At this time First Nations were becoming more acutely aware of their legal rights, as a result of resource mega-projects such as the Mackenzie Valley pipeline and the James Bay hydro project. Court decisions also led to important policy developments, such as the introduction of the first land claims policy.

Toward the end of the 1970s, the rights of First Nations peoples and Canada’s constitutional development became mixed. The National Indian Brotherhood faced the challenge of addressing the threat to First Nation rights posed by the federal government’s decision to patriate and amend Canada’s constitution. Once again, an issue, national in scope and with vast implications for the rights of First Nations in Canada, united First Nations in common cause. Chiefs from across Canada travelled to Britain to raise concerns, both in the British courts and in Parliament, about the potentially fatal effects on the special relationship with the Crown that would result from a constitutional patriation process executed without attention to Aboriginal and Treaty rights.

First Nations leaders became active participants in the many constitutional discussions that took place in the months leading up to patriation of Canada’s constitution in 1982. The overriding objective, to protect First Nation constitutional rights and the special relationship with the Crown, was realized with the inclusion of Sections 25, 35 and 37 in the Constitution Act, 1982.

It was within the politically charged atmosphere that surrounded constitutional patriation that the Chiefs began to work together. In December 1980 an Assembly of Chiefs adopted the Declaration of First Nations, establishing the foundation upon which the national organization now known as the Assembly of First Nations stands.

Through the constitutional processes of the 1980s, through the 1990s and the recent period of modern Treaty-making and Supreme Court decisions such as Guerin, Simon, Sparrow, Delgamuukw, to the present day, the Assembly of First Nations has demonstrated its commitment to work and walk with First Nations to uphold and assert Aboriginal rights, Treaty rights, and rights of self-determination and self-government. Most recently, the AFN provided leadership in lay- ing out the foundation for the next stage in the restoration of our Treaty and constitutional rights and relationships, with the signing in May 2005 of the historic First Nations – Federal Crown Political Accord on the Recognition and Implementation of First Nation Governments.

4 AFN Renewal Commission Report 2005 introductionIntroduction — Background NTRODUCTION I

SINCE THE ASSEMBLY OF FIRST NATIONS was established in the early 1980s, many options for change to its organization and procedures have been advanced. Despite this, a substantial and deep reform of the AFN has never been accomplished. Twenty years after its ratification at the 1985 Annual General Assembly in Vancouver, the AFN Charter remains largely unchanged, as do its rules of procedure and its administrative structure, the National Indian Brotherhood.

At the Assembly of First Nations’ Confederacy meeting in Vancouver in the spring of 2003, many specific structural and procedural changes to the Assembly of First Nations were proposed. The intention was to clarify responsibilities and objectives for the AFN, as the national organization representing First Nations. Following discussion, the Confederacy called for a broader review of the organization’s structure, to be undertaken with the active engagement of the First Nations and First Nation citizens.

In response, National Chief Phil Fontaine proposed the creation of the AFN Renewal Commission on December 9, 2003. It was formally established in January 2004 as an independent, objective commission operating at arms-length from the Assembly of First Nations.

Mandate and Methodology THE AFN RENEWAL COMMISSION’S mandate has been to conduct a review of the Assembly of First Nations. Terms of Reference for the Commission, included as Appendix A, were intentionally broad. An essential part of the mandate was to report and make recommendations on the renewal of the national organization and to provide a plan for implementation of the Commission’s recommendations. To do so, the Commission was asked to engage in discussion and dialogue with First Nations people and to take into consideration the current social, economic and cultural circumstances of First Nations.

In March 2004, the Commission launched a national process to engage First Nations leaders and citizens in a discussion of what the AFN should look like and what its role and functions should be. Sessions were held in every region of Canada and a large number of First Nations and their citizens participated. Many also chose to share their views with the AFN Renewal Commission through written submissions. Focus groups were convened to explore key issues in greater depth and to draw out different perspectives of the organization.

Research was completed on a variety of issues pertinent to the Commission’s mandate, including a history of Aboriginal efforts to organize nationally in Canada, optional AFN governance models and different approaches to the election of the leadership of the national organization.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 5 — And finally, the Commission reviewed with a critical eye relevant documentation such as the AFN Charter, past reports on AFN re-organization and AFN resolutions that called for structural reforms to the AFN.

Contributions to the work of the Commission were made by Treaty groups, traditional leaders, provincial and territorial organizations, tribal councils, program and service delivery organizations such as Native Friendship NTRODUCTION I Centres, First Nations negotiating and implementing self-government, groups representing Elders, women and youth and the leaders and staff of the AFN. Our consultations gave the Commission the opportunity to hear the peoples’ views directly, and to understand why and how they believe the AFN should be renewed. Most importantly, it gave us a unique insight into what First Nation citizens want a renewed AFN to look like and how they want it to function in the future.

Report Structure

Chapter 1 is about a vision and what it means to renew the AFN as a national organization of First Nations and First Nation citizens. Being a national organization is no mean feat in a country as big as Canada. But this vision – the vision expressed to the Commission – is crucial to understanding the rest of the report.

Chapter 2 underlines the importance of an AFN that is rooted in First Nation values, principles and traditional knowledge. The Commission believes values and respect for these values, provide both a starting point for renewal and the foundation upon which a renewed AFN can stand.

Chapter 3 delivers some of the Commission’s most significant recommendations concerning the representativeness of the AFN today. These address issues of membership of the AFN and the Commission’s call for the AFN to represent the interests of a broad constituency of First Nations peoples.

Chapters 4 and 5 turns attention to the many complex and interrelated issues associated with reform of the AFN governance structure and amendments to founding documents of the AFN, such as the AFN Charter. Chapter 4 addresses structures such as the Confederacy of Nations, the executive structure and the AFN Secretariat. Chapter 5 encompasses recommendations for AFN procedures including the conduct of Assembly meetings. Both of these chapters contain recommendations aimed at making the AFN more responsive to First Nations and as a result, more effective and respected.

Throughout its work, the Commission heard repeatedly of the importance of AFN communications. Chapter 6 addresses Commission recommendations for improvements in this regard. The Commission agrees that without regular, predictable and consistent communications, throughout the organization, the AFN will be unable to fulfill its roles and responsibilities.

The Commission’s mandate calls for an implementation plan to form part of the final Report. Chapter 7, the last chapter, speaks to implementation of the recommendations. It addresses the activities that are needed to make renewal work and to engage First Nations to want to make it work.

The appendices are an important part of the Report in that they contain details concerning all aspects of the proposed AFN Renewal.

6 AFN Renewal Commission Report 2005 Chapter 1 Our Shared Vision of Renewal enewal signifies and embraces change. It’s about revival. It’s a restoration. It conveys hope and optimism for the future. As seasons change, the land bears witness to the renewal process. A landscape experiencing renewal

shifts and brings forth new features, new forms and, often, new life. As Grand Chief Chris McCormick of the ENEWAL

R R Association of Iroquois and Allied Indians stated:

“Our ancestors understood the concept of renewal and how vital ISION OF

it is to constantly renew our own understanding of relationships and V duties within the world.” Grand Chief Chris McCormick, HARED Association of Iroquois and Allied Nations, Toronto Hearing S UR The Assembly of First Nations Renewal Commission (AFNRC) embraces the idea of change expressed by Grand Chief McCormick and others that appeared before the Commission. We believe it is time to renew our relationships within the AFN and reaffirm the Assembly’s role and responsibility as the national representative of First O 1— Nations in Canada. Ultimately, our vision is one of self-reliant and self-determining First Nations and citizens,

having regained our rightful place in Canada and as indigenous peoples in the world. HAP TER C

AFN Renewal Vision THE RENEWAL COMMISSION has gained perspective on how First Nations and citizens view their national organization. From the many voices we heard, we have discerned common messages and themes. What we heard is that First Nations and their citizens envision an AFN that is relevant to them because it is: Rooted in First Nation values, principles, customs and traditions; Representative of the First Nations and their citizens; Responsive to the diverse circumstances, needs and priorities of the First Nations and their citizens; and Respected and Effective in Canadian Confederation and internationally.

First Nations envision an empowered, engaged and valued AFN participating as the equal of federal, provincial and territorial governments. They see their national organization effectively representing their interests in national forums such as First Ministers’ meetings. Likewise, they envision an AFN that supports First Nations within their own nation-to-nation and government-to-government relationships and in processes of nation-building and decolonization.

Together as one body of people, regardless of our unique histories and traditions, the First Nations told the Commission they share a vision of a revived and restored Assembly of First Nations, a vision in which:

The Assembly of First Nations exists to support First Nations as they strive to re-establish self-determination and self-reliance, and to help First Nations peoples regain their rightful place in national and international forums.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 7 This entire report is about putting into words the vision of the Assembly of

ENEWAL First Nations that has been expressed by First Nation leaders and citizens to R the Renewal Commission. It also is about identifying how this vision can be translated into reality through implementation of the recommendations being tabled. ISION OF V The Commission’s recommendations touch on many aspects of the national organization. In some cases the reforms proposed may seem radical or HARED S revolutionary; in other cases, they may be interpreted as part of the natural

UR course of growth and evolution. In all cases, however, the recommendations for AFN Renewal are tied to the four main themes of a Rooted, Representative, Responsive and Respected Assembly of First Nations. 1— O 1—

At the broadest level, the recommendations for change address: the place of First Nation values, principles, traditional HAP TER C knowledge and practices within the AFN; membership in the AFN and representation of all First Nations and First Nation citizens in Canada; relationship-building with other First Nation organizations by way of written protocols or agreements; reform of AFN structures and procedures; amendments to the AFN Charter and Rules of Procedure; communications plans and strategies that work; support for First Nations regardless of their place in the nation-building process; equal participation in Confederation; and, the AFN’s international role.

AFN Renewal Framework THIS DIAGRAM REPRESENTS a framework for the vision of AFN Renewal. It encompasses the four main themes that emerged from the Renewal Commission’s work. It also maps out the journey that the First Nations must embark upon collectively in order to lift up the morale of the AFN and elevate it to a place where First Nations want it to be. All the points on the circle are related, but they are also distinct aspects of the cycle leading to renewal of the AFN as a relevant organization.

The Commission is of the view that the Assembly of First Nations can become an organization that is supported by the sustaining roots of First Nations’ values, customs and traditions. All First Nations and citizens, including First Nation women, youth and urban people, can find a home within a renewed AFN. The AFN can become representative and responsive if renewal addresses specific flaws and weaknesses found within the AFN Charter itself, in AFN governing bodies and procedures and in the AFN’s approach to communications.

8 AFN Renewal Commission Report 2005 To become respected and effective in national and international forums, the AFN must function with the respect and confidence of the First Nations and their citizens. Respect is an attitude and a behaviour. It is within the ability of individuals and the national organization to match respect with respect: to create a climate of respect and to contribute to an organizational culture of respect that is based on First Nation values, principles and traditional practices.

The power to effect the type of change we envision remains, in some cases, with the Chiefs in Assembly. In other cases it rests exclusively in the hands of individuals - with individual First Nation Chiefs and leaders, with AFN leaders and with those who engage in the business of the AFN.

Through change, the AFN can become more relevant. It will be a beacon that encourages First Nations to embrace their cultural roots. It will help them, at least in part, to regain the strength and knowledge needed to overcome the legacy of colonialism and assimilation. It will be an organization that plays a forward-looking and

facilitating role in nation-building and decolonization. ENEWAL R ISION OF Why is AFN Renewal Required? V BY PARTICIPATING IN the Renewal Commission’s hearings and forums, presenters HARED had an opportunity to formally share and express their perspectives of the AFN S

and its future. The Commission has taken into consideration the sentiments UR expressed by the First Nations and their citizens, including those that convey positive as well as more pessimistic outlooks. 1— O 1—

“With all due respect, the AFN is largely irrelevant to

ordinary people trying to live their lives in Aboriginal HAP TER communities. It is seen to be an organization of Chiefs C and for Chiefs.” Andrea Moore, Montreal Hearing

Some presenters expressed the opinion that, in its basic organization, structure and procedures, the AFN continues to reflect the legacies and institu- “The AFN clearly has a role tions of colonialism. to play in advocating for First “The Assembly, the First Nations-in-Assembly is really a manifestation of the Indian Act structure. The Nations in Canada, and by Confederacy of Nations is still a representation of the colonial structure of Canada… [with] boundary lines recognizing its strengths and created after the Treaties… We had thought that we would get away from that, back when we formed the Assembly of limitations it may continue to First Nations, and move and illustrate our nationality and our treaty federalism.” ensure that all First Nations’ Professor Sákéj Henderson, Native Law Centre, University of Saskatchewan, Saskatoon Hearing interests are protected.”

Chief Christopher Shade, Blood Tribe, Calgary Hearing

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 9 Participants at the hearings spoke clearly about the need for the AFN to grow and change, to evolve into an

ENEWAL effective and relevant national organization representative of its diverse members, each with their own political, R economic and cultural history and aspirations.

“I’m very supportive of this national organization, the AFN. It is an important ISION OF

V entity for Aboriginal people in this country. We need to keep it going and try to find ways to make it stronger… Somehow, we have to bring it back to the grass-root level and work with the different regions.” HARED S Jim Antoine, Inuvik Hearing UR But over all the AFN is not seen as an irrelevant or a drifting organization. The vast majority of participants in Commission hearings and focus groups underscored the essential value of the AFN as a national advocate for 1— O 1— First Nations and expressed optimism about its future. As one presenter in Calgary commented:

“The AFN clearly has a role to play in advocating for First Nations in Canada, HAP TER C and by recognizing its strengths and limitations it may continue to ensure that all First Nations’ interests are protected.” Chief Christopher Shade, Blood Tribe, Calgary Hearing

At the hearing in Whitehorse, Chief Joe Linklater of the Vuntut Gwitch’in First Nation, echoed this comment, adding the perspective that First Nations and the AFN must work in partnership and in mutually supportive and compatible ways to achieve our goals.

“The AFN needs to be an advocate of its membership…that’s the kind of message we have been giving to the (National) Chief: be an advocate. We want you to kick the door down and then get out of the way because we are going through.” Chief Joe Linklater, Vuntut Gwitch’in First Nation, Whitehorse Hearing

The Commission acknowledges the many views of the AFN as expressed by participants at the hearings, in focus groups and through written submissions. The Commission also believes that it is important to be honest in recognizing that a range of factors and changing circumstances have in recent years battered the national organization and affected its ability to make change and keep up with change.

Some of these factors stem from inconsistencies and flaws within the AFN Charter and the AFN’s political and administrative structure and procedures. Others are unrelated to the AFN`s internal organization. They stem from the manner in which the First Nations, as members of the AFN, conduct themselves in their relations with each other and with AFN leaders. It is important for the Commission to touch on what it sees as some of the more significant factors and influences that have drawn the AFN into its current state and why AFN Renewal at this time is so critical.

10 AFN Renewal Commission Report 2005 First, based on what the Commission learned through hearings, focus groups and at the Traditional Leaders Gathering, there is a perception that as an organization the AFN’s cultural roots – its traditional underpinnings – have been undermined in the recent past.

Second, the Commission recognizes that the relationship that the AFN has with the Government of Canada is a major contributor to the current state of the Assembly. In the past two decades, the personal and professional relationships between the National Chief, the Ministers of the Crown, and senior AFN and federal officials have played a significant role in the successes, failures of and attitudes toward the AFN. More often than not, the relationship formed between the National Chief and the Minister of Indian Affairs, in particular, has a significant influence on the operational and intergovernmental capacities of the Assembly of First Nations. The AFN’s reliance on federal funding, which is provided in an intermittent and unstable manner, also interferes with the organization’s ability to fulfill its mandate consistently, predictably and in a manner that is without conflict.

It is the view of this Commission that ways must be found to diffuse the destabilizing effect that personality and ENEWAL individual relationships have on the effectiveness of the Office of National Chief, the Assembly and ultimately, R the First Nation relationship with the Crown. Also, new financial relationships that provide the AFN with greater flexibility and security are required. ISION OF V And a third compelling reason for AFN Renewal is that First Nations in Canada are either preparing for, or are engaged in, the nation-building process. In the past twenty years, many First Nations in Canada have used the HARED opportunity created by an evolving constitutional, legal and political environment to advance their aspirations S for self-determination, self-government and Treaty-making. At no time in our contemporary history of relations UR with Canada have the circumstances been so ripe for broad-based nation-building, or rebuilding. As a result, many First Nations find themselves in a very different place now than when the AFN was first created and question the ability of the AFN to keep up with them. O 1—

An important aspect of AFN Renewal is that it represents an organizational response by the AFN to support HAP TER First Nations in the nation-building process. As is widely acknowledged, First Nations are richly diverse with C respect to their traditions, customs, languages, religion and beliefs, governing structures and practices and economies. There are differences in the types of relationships First Nations have with the Crown and the instruments, such as Treaties, that frame these relationships. They have different priorities and aspirations for the future and follow a variety of paths to achieve their goals. Nation-building accommodates and provides for the expression of such diversity.

Nation-building is a process. It has political, cultural, social and economic aspects. At the broadest level, nation-building means First Nations move through a continuum toward a restored form of First Nation political, social and economic organization. Though they may be modified for the modern world, restored forms of organization are primarily based on the diverse systems, relationships and practices that existed prior to the imposition of colonial and assimilationist legislation and policy. The overall intent of nation-building is to restore strong, self-determining, self-governing and self-reliant First Nations. Such restoration may occur at community, Nation, Treaty, confederacy and other levels. It may involve negotiations with other First Nation and Canadian governments and entering into agreements, such as Treaties or self-government arrangements, or ensuring their proper implementation.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 11 Nation-building is driven by the process of decolonization. Decolonization itself is a complex process taking

ENEWAL place within Nations, communities, families and at the level of the individual. One aspect of decolonization R involves the shedding of imposed systems of government and administration, including the Band form of government and administration established by the Indian Act. It involves the restoration of rights, Treaty relationships and self-government. From a social and economic perspective, nation-building may require a reversal of ISION OF

V social and economic patterns and relationships that took root during colonization and assimilation and through the dispossession of First Nations from their traditional lands and resources. HARED S A key component of the Commission’s vision of a renewed AFN is that it will be able to respond to the aspira-

UR tions of First Nations, as they find themselves at different places in the nation-building continuum, as depicted in the diagram below. At present, many First Nations are well-advanced in their nation-building efforts. Many are actively exercising their right of self-government and self-determination, and are leaving the Indian Act and 1— O 1— its legacy far behind. Many are moving towards a position of economic self-reliance, including through modern Treaties, resource-sharing arrangements and business development. HAP TER C In other instances, First Nations are so overwhelmed with day-to-day social and economic crises, and with cop- ing politically with the Indian Act and the administrative requirements of Band governance and administration, that they simply cannot begin the work of restoration of their inherent authorities and nation-building.

Some First Nations are focusing their efforts first on individual and community healing, on the recovery of culture and language, and on community development, rather than on attempting to address the issues of jurisdiction, authority, and the broader aspects of nation-building. Nonetheless, the vast majority of First Nations want to engage in nation-building and to move away from the Indian Act. But lack of capacity and resources to support their efforts, coupled with a restrictive legislative, policy and fiscal environment create significant obstacles.

Despite these realities, it can be reasonably anticipated that, in coming decades, more First Nations will move away from administration under the Indian Act, toward self-government, Treaty implementation and a renewed status as independent, sovereign Nations within Canada. In this way they will be moving through the nation- building continuum, joining those who have already been able to restore self-reliance, self-determination and self-government. They will do so at a pace that is comfortable to them and through means that are appropriate to their individual preferences and circumstances.

The Commission believes the AFN should position itself to respond to and support all First Nations as they move through the nation-building continuum. As more First Nations realize their status as sovereign nations with Treaty and constitutional relationships, the AFN too must evolve. In the Commission’s view, the future is one in which the AFN continually renews itself in response to the gradual progression of First Nations through the The Vision is one in which nation-building continuum and the establishment of a “critical mass” of self-reliant, self-governing Nations. the AFN exists to support But over-all, the diverse circumstances of First Nations must be First Nations as they strive taken into account when considering how the AFN should to achieve self-reliance and respond to and support the nation-building process. self-determination.

12 AFN Renewal Commission Report 2005 First Nations Nation-Building Process ENEWAL R ISION OF V HARED S UR As a result of nation-building processes, First Nations will re-emerge, institutions will take shape and authorities will be restored. This will create a new and exciting chapter in the history of First Nations-Canadian relations. First Nations again will occupy a place of honour in the fabric of Canada. Aboriginal, Treaty, human and other O 1— rights such as those that may derive from the Royal Proclamation of October 7, 1763 and land claims will be

respected. The Treaties will be implemented according to their spirit and intent. First Nations will enjoy equal HAP TER participation in Confederation through the constitutional framework and constitutional processes. As the origi- C nal peoples of this land, the First Nations will again have a major influence on our own and Canada’s well-being and success.

Implementing the Recommendations to Achieve the Vision THE RENEWAL COMMISSION’S recommendations are about change. Without change the AFN risks ineffectiveness and a diminished claim to represent First Nations and their citizens. Without change First Nations will be unable to join together at the national level to achieve common goals and internationally to assert our Treaty relationships and our place as indigenous peoples and Nations. Without change we may hear a more vocal expression of the sense of indifference that is now threatening to emerge among First Nations with respect to the national organization.

The Commission takes the view that to realize the vision articulated in this report the AFN should undertake to implement these recommendations as soon as possible. The Commission believes that the AFN, sustained by its cultural roots, can be the national representative of First Nations and First Nation citizens. It can be responsive through its internal structures and processes to First Nation priorities and objectives. Through renewal, it can achieve meaningful equal participation in Confederation and contribute to improvements in the quality of life of First Nations communities, families and individuals.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 13 Renewal is an Honourable Goal ENEWAL R THIS COMMISSION HAS CONFIRMED that, ultimately, First Nations cherish a collective vision of the future, a future which has many strands including: community, family and individual well-being, justice, self-determination, ISION OF

V strong nations, nation-to-nation Treaty relations, recognition and implementation of the right of self-government and self-determination, full and proper resource sharing, flourishing First Nation economies and most of all, HARED S a respected place for First Nations within the constitutional family of

UR Canada.

The Assembly of First Nations is a part of this future, but only if it is able 1— O 1— to renew and reinvent itself in the image of First Nations today. Indeed, it is the Commission’s view that AFN Renewal is best seen as a multi-staged process of continual evolution and change. As First Nations move along the HAP TER C nation-building sequence, including realizing nation-to-nation and government-to-government relationships, the AFN will need to renew itself again and again to remain relevant to First Nations and to be effective as the representative body of First Nations at national and international levels.

The AFN Renewal Commission cannot implement the vision that is described in this report. That is the rightful role and responsibility of the Assembly of First Nations, the First Nations and, most importantly, the citizens of all First Nations. The Commission believes that achievement of this vision is predicated on the renewal recommendations put forward in this report. It will take time and great effort. But in view of what can emerge as a result of it, the Commission believes AFN Renewal to be an honourable goal worthy of pursuit.

14 AFN Renewal Commission Report 2005 Chapter 2 ULTURE

An AFN Rooted in Culture: C Respect For First Nation Values OOTED IN

Introduction AFN R N he Assembly of First Nations symbolizes and represents the aspirations of First Nations peoples whose history and spirit is embedded in every blade of grass, in each tree, in the water of every river and lake and within the

Tancient rock of our land. The land sustains our histories and spirits. It has nurtured the distinct values, practices, A 2— ceremonies and languages that we cherish as the original occupants of this land. HAP TER

The Renewal Commission agrees with the many participants who reminded it of the need to renew and re-ener- C gize the national organization through better incorporation of the values, practices and customs that sustained our ancestors. The Commission is of the view that traditional values that can be commonly embraced by First Nations have great potential to anchor, feed and sustain a renewed national organization.

The first step in the journey toward a renewed AFN – an AFN that is ROOTED, Representative, Responsive, and Respected – is to look again at the place of First Nation values and culture. An AFN that is rooted and sustained by the rich and diverse cultures and values of First Nations peoples is a key aspect of the common vision expressed in Chapter 1.

First Nation values, cultures and languages provide the source of strength in the recovery of our Nations, communities and families from our long experience of colonialism and assimilation. They provide inspiration and guidance to us in the process of addressing the social and economic realities that plague our communities, in the processes of nation-building and decolonization and in restoring healthy communities.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 15 ULTURE C

Indigenous cultures must be the guiding forces and shapers

OOTED IN of the new foundation of the Assembly of First Nations.

AFN R (Facilitator’s Summary Report, Traditional Leaders Gathering) N 2— A 2—

Through renewal, the AFN should re-orient itself toward values and prac-

HAP TER tices that inspire First Nations and their citizens. These values and practices C should provide a culturally-based and inclusive home for all First Nations. They should help create a welcoming and familiar environment for those who have felt excluded from the AFN in the past, including women, youth and people living in urban areas and off-reserve. These values should also guide us in future relationships and political affiliations with First Nation organizations such as Native Friendship Centres.

At the Traditional Leaders Gathering, a focus group organized by the Commission, the Elders called upon us to return to the spirit of our peoples by conducting our affairs in a spirit of respect, restoring First Nations values to the AFN. This means rooting the AFN in what we as First Nations peoples and communities are rooted in ourselves: First Nation languages, as the basis of our culture and governments and First Nation traditions, customs and practices.

Indigenous cultures must be the guiding forces and shapers of the new foundation of the Assembly of First Nations. (Facilitator’s Summary Report, Traditional Leaders Gathering)

16 AFN Renewal Commission Report 2005 Issue: First Nation Values

VALUES SERVE ORGANIZATIONS AND INDIVIDUALS as roots serve trees and plants. By their presence, they sustain and nurture what they support. As a healthy tree draws on its roots to live so does a healthy organization rely on its values. Values act as anchors. They offer guidance, direction and ensure continuity in the face of adversity or crisis.

The Commission received considerable testimony concerning the need for the AFN to identify and adopt a set of values appropriate to a national First Nation organization. Throughout the public hearings presenters noted that, in its short history, the AFN has been unable to fully connect with First Nations values. Presenters emphasized a perception that non-indigenous Western values have a greater influence within the organization than First Nations’ principles and approaches to leadership and decision-making.

“I’ve come to understand that what we’ve been trying to do is emulate their system, emulate that system that colonized us. And that system — it does not work for them, let alone us.” Darlene Ritchie, VP Toronto Council Fire Native Cultural Centre, Toronto Hearing

The Commission received testimony and advice on the fundamental importance of traditional values. Many indi- ULTURE

viduals spoke movingly of the need for the national organization to integrate these values into all AFN activities. C

“We have to re-look at yesterday’s past history of traditional knowledge, which was

guided by respect, caring, sharing, teaching, which is where honesty and trust come from. OOTED IN We need to tie the principles of the past and fit them into today’s world to guide our future generations.” Roger Alfred, Pelly Crossing First Nation, Traditional Leaders Gathering AFN R N

Many presenters believe that AFN Renewal should reintroduce First Nation values as the core of

the AFN’s identity: A 2—

“So, I would hope that over the long-term that we’re able to develop an organization that HAP TER

is more mindful of who we are and why we’re here and what our responsibilities are and C that [should] be the basis of the whole organization.” Chief Stewart Phillip, President of the Union of British Columbia Indian Chiefs, Kamloops Hearing

The testimony suggests strongly that First Nations peoples do embrace common values. For example, presenters frequently identified and spoke to us about the values of belonging, listening, respect for others, acquiring self-knowledge and being accountable. There are many other traditional values and principles that presenters thought should be reflected in a renewed national organization: tolerance, cooperation, unity, honesty, equality, integrity and balance.

As a result, the Commission concludes there is a need for the AFN to affirm a unifying, universal statement of First Nation values and a commitment to uphold these values in the conduct of the AFN’s affairs.

RECOMMENDATION #1 • That the Assembly of First Nations, under the direction and guidance of the Circle of Elders, reaffirm 1 and endorse the Statement of Values, which can be universally embraced by the First Nations to guide the AFN in the conduct of its internal and external relations. Implementation of this recommendation is dealt with on page 97.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 17 ULTURE C OOTED IN Issue: Traditional Leadership AFN R N and Decision-Making Practices

WHILE THE COMMISSION heard considerable testimony on the 2— A 2— rightful place of First Nation values as the soul of AFN Renewal, we also sought input on ways to better reflect First Nation traditional

HAP TER leadership and decision-making practices in the national organiza- C tion, especially in its core structures and procedures.

The Commission sought the advice of traditional leaders who gath- ered to discuss traditional governance, organizational structures and consensus-building. Through this gathering the Commission was offered supportive advice concerning the incorporation of traditional knowledge and leadership practices into the national organization’s structures and processes.

In general, traditional leaders agree that AFN leadership and decision- making should demonstrate the accepted practices of First Nations.

“…we want to retain the Indian ways, hang on to the traditional knowledge, respect the teachings of our ancient ones.” John Snow Sr., Traditional Leaders Gathering

While many insights were gained through work in the area of traditional leadership and decision-making, in view of diverse First Nation traditions, the Commission does not wish to recommend how specific practices can be adopted or reflected within AFN structures and forums. It was suggested, for instance, that the AFN should adopt the traditional practices predominant in the region in which an AFN Assembly is held, or in which an AFN institution conducts its business. It was also suggested that the election of the National Chief should imply the automat- ic adoption of the traditions of his or her Nation for the term of office. Ultimately, the Commission concluded that more discussion and sharing of knowledge and ideas are required to develop a consensus.

RECOMMENDATION #2 Recommendation #2 • That the Assembly of First Nations, under the direction and guidance of the Circle of Elders, 2 develop recommendations concerning how traditional First Nation leadership, governance and decision-making practices can be effectively incorporated into the procedures of the AFN. Implementation of this recommendation is dealt with on page 97.

18 AFN Renewal Commission Report 2005 Issue: First Nation Traditional and Cultural Practices and Languages

TRADITIONAL AND CULTURAL PRACTICES, ceremonies and prayers normally form part of Assembly meetings and formal gatherings. They are led by Elders, traditional leaders or others knowledgeable in the ways of the people in whose traditional territory these meetings are held.

Some presenters, however, said there is insufficient attention and respect given to these First Nation ceremonies, and further, that during the Assemblies it is apparent to those who are knowledgeable, that the ceremonies and practices are not understood by many of those in attendance. There is concern that this constitutes disrespect towards the ceremonial objects such as sacred bundles and traditional practices.

It was noted that ceremonies frequently take place without explanation as to their meaning or significance, especially what is expected of those carrying out the ceremonies and of meeting participants.

Others who appeared before the Commission took a different view: they preferred an approach in which Assemblies and other meetings are conducted according to contemporary business practice, acknowledging local First Nation culture and traditions but keeping ceremonial aspects of meetings to a minimum.

The Commission supports the idea of enhancing the way in which traditional and customary ceremonies and ULTURE

practices are included in AFN Assemblies and other forums. In so doing, we acknowledge that not all First C Nation governments and organizations incorporate, to the same degree, traditional or culturally-based practices in the way they conduct their business. OOTED IN

RECOMMENDATION # 3 AFN R N • That in its Assemblies and gatherings, the Assembly of First Nations develop and implement 3 a balance between traditional customs and contemporary practices in order to accomplish AFN business. 2— A 2— Implementation of this recommendation is dealt with on page 98. HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 19 ULTURE C OOTED IN AFN R N 2— A 2— HAP TER C In addition, the Commission heard from many of their deep desire that the AFN promote the use of First Nation languages in the conduct of its business whenever possible, but especially at Assemblies and gatherings. As Chief Murray Ironchild said at the Traditional Leaders Gathering:

“I would like to see at our AFN gatherings that there are interpreters out there. Let’s encourage our young people that are going to university, taking these languages, that here’s a place for them to come to make use of the language that they’ve learnt, speaking for us, translating for us.” Chief Murray Ironchild, Traditional Leaders Focus Group

The Commission agrees that our First Nation languages need and deserve greater prominence in the Assembly of First Nations. We believe that, like our values, our languages and the active use and expression of them have the capacity to inspire our leaders, our Elders and youth: to unite us in working toward our common goals.

We are our language. Our language, culture and traditions are inseparable. An important element of decolonization involves recovering First Nation languages. Rooting a renewed AFN in First Nation values and cultures requires that we address the place and use of First Nation languages within the organization. Recovering First Nation languages will be difficult and will take time, perhaps even generations. But, there are things we can do now. We can honour First Nation languages by making more active use of them within the AFN.

RECOMMENDATION #4 • That whenever possible, the Assembly of First Nations use and promote the use of First Nation 4 languages at its Assemblies. Implementation of this recommendation is dealt with on page 98.

20 AFN Renewal Commission Report 2005 Chapter 3 Making the AFN Representative

Introduction ssembly of First Nations Renewal requires the First Nations to address the interrelated matters of AFN membership, who the AFN represents and the AFN’s Arole. The Renewal Commission heard the message that the AFN has the role and the responsibility to unify the diverse First Nations that are its members. It needs to make consistent efforts to deal with what keeps First Nations apart. It needs to address the divisions defined by, among other things, gender, First Nation traditional territories, urban, rural and community residency, Treaties, the English, French and traditional languages, the Indian Act and modern governance models. The Commission was told that the AFN should create a welcoming, accommodating home for all First Nations citizens. Women, youth, Elders, urban First Nation residents, Treaty and non-Treaty peoples all need to be respected and to be heard and have a place within the AFN: they need to belong.

In this chapter, the Renewal Commission recommends a number of significant reforms, all supported by EPRESENTATIVE the belief that the AFN can become more REPRESEN TATIVE of First Nations and their citizens. Specifically, the recommendations are aimed at:

creating greater opportunities for participation by First Nation citizens in the AFN AFN R through inclusive democratic processes; increasing the AFN’s ability to provide political representation for First Nations and their citizens by building relationships with other First Nation organizations; and, AKING THE confirming the AFN’s dual role as the representative of First Nations in national and international forums while supporting nation-building. 3— M 3— Though each of the above matters is inseparable, the Commission decided to begin by exploring AFN membership and representation and making the organization more inclusive. The Commission then considered

the various roles of the AFN at national and international levels and in the processes of decolonization and HAP TER C nation-building.

It is important to clarify the Commission’s use and understanding of terms such as membership, representation and citizenship. In this report: MEMBERSHIP means the individual First Nations that make up the AFN; REPRESEN TATION means the AFN embodies and speaks on behalf of its member First Nations; and, CITIZENSHIP means the individual people who make up the First Nations: as time passes, the AFN is more and more being looked upon as representing each First Nation citizen regardless of where the citizen lives and regardless of the degree of the citizen’s personal affiliation to the individual First Nation and community.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 21 Issue: Defining AFN Membership

CONTENTIOUS ISSUES CONCERNING membership have confounded

EPRESENTATIVE the AFN since its earliest days. Who are the members of the AFN – First Nations or Chiefs? Who can exercise rights of membership? How can individual citizens participate in the AFN? Can organizations representing AFN R First Nations peoples be members of the AFN?

The need for clear answers to these questions is great particularly at this

AKING THE time and in view of the changing demographic and geographic circumstances of the First Nation population.

3— M 3— The current AFN Charter is unclear about membership:

Article 4 of the Charter states “all First Nations in Canada HAP TER

C have the right to be Members of the Assembly of First Nations.”

Article 6 of the Charter establishes the composition of the First Nations-in-Assembly, which is the main governing body of the First Nations. This body “shall consist of all the Chiefs The strength of of those First Nations who exercise their right to be members of the Assembly of First Nations.” the AFN lies with The AFN Charter’s terms are interpreted in ways that are sometimes con- its members – the tradictory. As a result, unwritten AFN conventions and customs have First Nations. It is the emerged based on individual interpretations and understandings. The Commission believes this has and will continue to divide and destabilize First Nations that give the organization.

the AFN legitimacy. The Commission concludes that it is the First Nations that constitute the membership of the AFN. An appropriate understanding of the AFN Charter, therefore, is one in which the unit of membership in the national organization is a First Nation, as confirmed in Article 4. To be clear, however, we wish to emphasize that such membership includes any First Nation that has moved or is moving beyond the confines of the Indian Act through Treaty agreements, self-government arrangements, or is asserting its right of self-determination in other ways.

The strength of the AFN lies with its members – the First Nations. It is the First Nations that give the AFN legitimacy. It is the First Nations that determine what the AFN’s mandate will be, what priorities it will pursue and what the scope and limits of its authority will be. In exercising rights of membership in the AFN, First Nations themselves are guided by their citizens.

It is through the First Nations-in-Assembly that First Nations and their citizens are represented, in most but not all instances, by their Chief. First Nations and their citizens also are represented in the AFN Executive by Regional Chiefs, selected according to unique regional processes. First Nations, as members of the AFN and First Nation citizens, are represented nationally by the AFN through the National Chief.

22 AFN Renewal Commission Report 2005 Issue: Exercising the Rights of Membership

THE COMMISSION RECEIVED a considerable amount of testimony on the issue of who has the authority to represent a First Nation and who may exercise the rights and duties of membership on behalf of a First Nation.

The AFN customarily recognizes a Chief elected or selected pursuant to the Indian Act as a First Nation’s representative to AFN bodies such as the First Nations-in-Assembly and the Confederacy of Nations. This excludes and indeed alienates First Nations such as the Nisga’a Nation of British Columbia, the James Bay Cree Nation of Quebec and others that validate their leadership outside the Indian Act either through traditional or customary practices, community-determined processes, self-government agreements, or community-approved, constitutional-like documents. EPRESENTATIVE

Many presenters were of the view that the AFN should not promote the colonial influence of the federal AFN R government by defining First Nation leadership exclusively in accordance with the Indian Act. The AFN, the Commission heard, should be more respectful of the diverse methods by which First Nations choose their leaders.

“It’s a respect for the leadership, for the chiefs elected by their communities, AKING THE it’s their process and we chose to respect the leadership of those communities.” Noel Starblanket, Treaty 4 Spokesperson, Yorkton Hearing 3— M 3— The Commission also heard from large-population First Nations of a desire for a form of proportional representation that would provide them with increased representation at Assemblies. HAP TER C The Commission considered the related questions of who, as the acknowledged representative of First Nations, can exercise rights of membership and how traditional leaders, hereditary chiefs and other leaders selected outside the context of the Indian Act are recognized for these purposes.

First, as a general rule, the Commission believes that the rights, duties and privileges of membership in the AFN should be exercised by the Chief of a First Nation.

As it concerns Chiefs elected pursuant to the Indian Act, the impacts of the Corbiere decision have given greater legitimacy and authority to First Nation Chiefs as the representative of all First Nation citizens regardless of residency. Corbiere requires First Nations to be more inclusive of their off-reserve citizens in leadership selection and has led to generally higher rates of participation by all citizens in First Nation election processes.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 23 EPRESENTATIVE AFN R AKING THE 3— M 3— HAP TER C “The position of the Kisashke (sic) Anishinabek is that we represent the interest of all of our members, regardless of residence, regardless of government policy.” Chief Wilfred King, Gull Bay First Nation, Sudbury Hearing

The Commission concludes it is not a legitimate role of the AFN to question the leadership selection process of any First Nation. Through community-determined processes of leadership selection, First Nations are exercising their rights of self-determination and self-government and substantiating their traditions, frequently through contemporary practice. As a result, in those cases where a First Nation leader is selected outside the Indian Act, as affirmed and recognized by the First Nation, the AFN is obliged to accept the leader as the confirmed representative of the First Nation with the authority to exercise rights of AFN membership on behalf of the First Nation.

The Commission also concludes that, though the proposal for proportional representation of First Nations based on population has validity, it may create different tiers of membership within the Assembly of First Nations, which would contradict the principle of First Nation equality embedded in the AFN Charter. The Commission believes equality is a fundamentally important aspect of the AFN structure and does not, therefore, endorse proportional representation.

24 AFN Renewal Commission Report 2005 Issue: Representation of Individual First Nation Citizens and Urban First Nation Organizations

CURRENTLY, AN INDIVIDUAL First Nation citizen does not participate directly in AFN Assemblies, or select the National Chief or the Regional Chief. Citizens are represented in selection processes by their First Nation’s Chief or by a Proxy Holder.

The Commission heard the impassioned views of many presenters who indicated that, while they do feel the AFN represents them, they desire a more direct connection to AFN leaders and to the representational structure and processes of the AFN.

“I feel well represented as an urban Aboriginal citizen. I feel better represented by my Band. That’s not to say my Band is perfect in its dealings with its urban population, but at least it acknowledges them… I think there needs to be a fundamental rethink of this whole organization, not just of the AFN, but its relationship to the urban people and its relationship to people like me.” Ernest Gray, Vancouver Hearing

The Commission noted also that the AFN’s current structure does not accommodate the representation of those persons who are registered status Indians under the Indian Act, but who are not identified as members of any First Nation. It cannot be said that these persons are represented in AFN structures, including the First Nations- in-Assembly or in the selection of the National Chief, in the same way as First Nation citizens.

The Commission heard concerns about membership and representation raised by First Nation organizations that provide political representation and administer services and programs on behalf of First Nations and their citi- EPRESENTATIVE zens, particularly off-reserve and in urban centres. The AFN was criticized for not expanding membership, or the composition of its decision-making bodies to provide for more direct representation of these groups of First

Nations peoples. AFN R

Urban First Nation organizations such as Native Friendship Centres said they wanted to be more involved in national decision-making and policy structures. These groups believe they legitimately bring forward the interests AKING THE and needs of the urban First Nation constituency due to the specific programs and services they deliver to the urban population. These organizations actively seek working relationships and representation within the AFN to foster better coordination and effective advocacy and political representation of the urban interest. Presenters 3— M 3— identified the leaders of urban, provincial-territorial, Treaty organizations and organizations providing a broad range of services in programs such as health, education and social services, as part of a larger mix of First Nation

representatives that should be given standing in a renewed AFN. HAP TER C

The issue of urban representation in the AFN was significant in hearings, focus groups and written submissions. The Commission was told that urban and other citizens of First Nations living away from their First Nation community represent a significant proportion of First Nations peoples from coast-to-coast-to-coast. In a written submission, Grand Chief Dennis White Bird of the Assembly of Manitoba Chiefs, presented the Commission with several recommendations on urban representation including that:

“…the AFN begin a process whereby we identify and explore existing models of First Nations providing direct services to urban residents, identify what challenges they are facing and how we can plan nationally to move forward on urban issues.” Grand Chief Dennis White Bird, Assembly of Manitoba Chiefs (written submission)

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 25 EPRESENTATIVE AFN R Todd Curran © , AKING THE photo: ATBC 3— M 3— The Commission acknowledges that the AFN is already making efforts to respond to urban First Nations peoples, including by implementing AFN resolution No. 41/2002 (December 2002, Confederacy of HAP TER

C Nations) that mandates the AFN to:

“publicly state and demonstrate that it is prepared to and will serve as the official spokes-organization for all off-reserve First Nations citizens… and that …member organizations at the provincial, territorial and regional levels will work with First Nations to develop strategies to address social ills faced by First Nations citizens in urban areas.”

The Commission believes that these measures are important and should be taken seriously. But more can be done to ensure the AFN effectively represents urban citizens of First Nations. The Commission concludes the AFN should increase its permanent political and administrative capacity to address issues that are unique to the First Nations’ urban citizens.

RECOMMENDATION #5 • That the Assembly of First Nations formalize an urban portfolio and hire permanent staff 5 within the AFN Secretariat to support this portfolio. Implementation of this recommendation is dealt with on page 99.

The Vision is one in which the AFN exists to support First Nations as they strive to achieve self-reliance and self-determination.

26 AFN Renewal Commission Report 2005 Issue: National Election

THE RENEWAL COMMISSION acknowledges the validity of the concerns expressed to us about membership, representation and the heartfelt desire to be included in the workings of the Assembly of First Nations. Clearly, there is a tension within the AFN that finds its source in the common desire for greater representation of both individual and collective interests. The Commission has given careful consideration to various structures and procedures that can be implemented in order to reduce these tensions, maintain unity within the AFN and balance the national interests of all First Nations and their citizens.

Evidence received through public hearings and in written submissions confirmed a high degree of interest and support for the election of the National Chief through a one person, one vote election model. This represents a significant departure from the current arrangement, in which the National Chief is elected by the First Nations- in-Assembly.

“What I would like to see is one person, one vote. I would like to be able to have a voice.” Reanna Erasmus, Head Start Program Manager, Yellowknives Dene First Nations, Yellowknife Hearing

“I would really recommend for the Assembly of First Nations, in order for involvement of First Nations membership, grassroots, its always in my mind that the membership should be included in voting.” Chief David Harper, Garden Hill First Nation, Opaskwayak Cree Nation Hearing

The Commission also received numerous comments and suggestions for reform in the selection of AFN Regional Chiefs. EPRESENTATIVE

“There needs to be clearer and consistent rules for electing Regional Chiefs

if the Executive Committee is to be maintained as part of the AFN.” AFN R Debbie Abbott, Nlaka’pamux Nation Tribal Council, Kamloops Hearing

“Revamp the current system of Regional Chiefs being elected by province. AKING THE The purpose of the Regional Chiefs to our understanding was originally intended to support the National Office on national issues. But today, they seem to have replaced Grand Chiefs on regional issues.” 3— M 3— Frank McKay, Chairman of Windigo First Nation Council, Ottawa Hearing HAP TER C Many participants spoke of the need to harmonize the work of AFN Regional Chiefs with that of the National Chief and the rest of the national organization. As a result of current regional selection processes, Regional Chiefs are accountable primarily to their region and regional interests and do not act as a national executive.

“Regional Chiefs are appointed by and respond to the Chiefs of their Region.” Chief Deborah Robinson, Acadia First Nation, Halifax Hearing

The Commission acknowledges these concerns. The on-going separation between the National Chief and Regional Chiefs, and lack of coordinated and complementary action diminishes the AFN’s unity. It has contributed to diverse and sometimes conflicting agendas and leaders working at cross-purposes rather than for the common good. All of this reduces the respect and effectiveness of the AFN as the national representative of First Nations.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 27 The Commission believes AFN Renewal should enhance cooperation and coordination among the AFN’s senior leaders. The Commission is of the opinion that the selection of AFN Regional Chiefs by a universal one per-

EPRESENTATIVE son, one vote system in each region, similar to the proposal for the National Chief, could potentially contribute to a stronger, more representative and inclusive AFN. AFN R

As the Commission carefully considered options for renewal, Commissioners were mindful of the direction received from Elders

AKING THE throughout this process – that change must be rooted in the spirit and traditions of the proud history of First Nation political structures. While there is a rich and diverse tapestry of traditions across the First Nations, clearly

3— M 3— there are elements shared by all. Perhaps the most important is the balance of collective and individual rights. Traditional political structures were premised on the collective interest of all members while at the same time HAP TER

C ensuring the protection of the individual. This important balance was achieved fundamentally by ensuring a high level of engagement and political participation. Whether through clans, a long-house or other traditional system, all members of the community were meaningfully engaged.

In preparing recommendations, the Commission felt it very important to balance First Nation traditional political culture with the current and diverse realities of the First Nation population spread across communities in rural and urban areas. In order to effectively address representation within the AFN, the Commission advances a proposal to expand voting for the Office of National Chief to all First Nation citizens, yet at the same time reaffirming that it is the Nations and not individuals that make up the AFN membership.

The Commission recommends a structure that does not resem- ble other Canadian governmental structures, but one that uniquely reflects First Nation political traditions and aspirations to assert self-determination. The Commission advances the proposal to extend a universal vote – one person, one vote – to all eligible citizens of the First Nations, regardless of residency, for the election of the National Chief.

The Commission believes this reform will forge a stronger feeling of connectedness between individual First Nation citizens, the leadership and the AFN’s decision-making bodies. It will go some distance towards making the AFN an organization that is representative of individuals who are not now members of a First Nation, and those who, though they may be members, for one reason or the other, feel disconnected or not effectively represented by a First Nation. The universal vote will enable First Nations peoples who live away from First Nation reserve communities, in urban and rural areas, to become a vital part of the AFN. It will, quite simply, ensure that a renewed AFN is a representative and inclusive AFN.

28 AFN Renewal Commission Report 2005 The universal national election will sanction the National Chief as the principal national representative with authority to speak on behalf of all First Nations and First Nation people, including persons who have registered Indian status but are not now members of a First Nation. And, it will confirm the National Chief as the legitimate representative of First Nations in the forums of Confederation. This will make the AFN more credible and allow it to respond to members’ expectations that it become a more engaged and effective player nationally and internationally.

RECOMMENDATIONrecommendation 6 #6 • That the National Chief be elected to office for a four-year term through the process of a 6 universal vote of eligible First Nation citizens. Implementation of this recommendation is dealt with on page 99.

As it concerns the Office of AFN Regional Chief, the Commission concludes that a balance needs to be struck. At present, AFN Regional Chiefs are selected according to Region-specific processes. The Commission’s view is that, over time, the AFN Regions should provide greater opportunities for direct participation by First Nation citizens in the selection of their Regional Chief.

Though the Commission is not prepared to table a recommendation in this regard, it strongly encourages the Regions to consider adopting the universal vote as a common method by which AFN Regional Chiefs are selected. This would result in the concurrent election of the National Chief by all eligible First Nation citizens and Regional Chiefs by eligible citizens within each of the Regions. Regional elections should conform to the national election process set out in the AFN’s Electoral Rules (Appendix K) and be held at the same time as the election EPRESENTATIVE of the National Chief, with Regional Chiefs also elected to a four-year term. All costs associated with regional elections could be borne by the AFN. The Commission believes a common approach to the selection of

Regional Chiefs will help reduce tensions arising from the Regional Chiefs’ dual responsibility and accountability AFN R to regional and national First Nation agendas that do not necessarily match.

If the Regions act on the Commission’s suggestion, it will take time to make the transition from existing selec- AKING THE tion processes to a system in which Regional Chiefs are elected through a universal vote. With or without the transition, however, the Commission encourages regions to adopt or further develop within their regional selection or election processes, the following principles: 3— M 3— openness and transparency; accountability to all First Nation citizens;

communication to First Nation citizens of the selection or election processes HAP TER C that are used in the Region; notification to all First Nation citizens about the upcoming selection or election of the AFN Regional Chief, consistent with national organization’s time frames; eligibility requirements for the office of AFN Regional Chief; demonstration by each candidate that he or she has a national perspective and is prepared to take the national oath of office; encourage further development and evolution of First Nation values, customs and traditions; appropriate resources to support and improve the election or selection processes; and, only First Nations citizens from within a specific Region shall select or elect the representative for that Region.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 29 Issue: Relationships with EPRESENTATIVE Other First Nation Organizations

AFN R THE COMMISSION IS NOT making recommendations that alter the composition of the AFN membership, for example by expanding eligibility for membership beyond First Nations, to include First Nation political, service

AKING THE and advocacy organizations.

The Commission is, however, putting forward a recommendation that will

3— M 3— see the AFN forging new relationships with national and other First Nation organizations - relationships in which the AFN will provide political representation for these organizations and their First Nation constituencies. This HAP TER

C recommendation is intended to increase the capacity of the AFN to effectively channel the collective interests of First Nations, as represented by political, tribal and Treaty groups, service delivery, advocacy and other organizations serving First Nations and their citizens.

The Commission believes the AFN should enter into protocols, that is, written agreements, for the purpose of embracing and engaging all First Nation citizens and organizations that represent them within the collective body of the AFN. These protocols could be developed with willing organizations such as the National Association of Friendship Centres and with First Nation women’s organizations. Protocols would confirm the relationship as complementary rather than one of competition and deal with the issue of overlapping mandates.

The protocols could be used to formally empower the AFN as the political representative of First Nations and their citizens in national forums and to confirm the continued role of partner organizations in direct program and service delivery. The Commission believes such protocols will increase access to political representation for many First Nation citizens, while maintaining the service delivery arrangements that First Nation citizens, particularly in urban areas, indicate they wish to see continue. Communication policies and accountability and reporting relationships also will form part of these protocols.

“…we have no formal presence in the governmental infrastructure of Canada, and we must have that at all costs.”

Karen Hunt, Prince George Hearing

30 AFN Renewal Commission Report 2005 RECOMMENDATION #7 7 • That the Assembly of First Nations develop positive working relationships with urban organizations. Implementation of this recommendation is dealt with on page 101.

RECOMMENDATION #8 • That the Assembly of First Nations develop and execute protocols with groups and organizations as a 8 means to engage all First Nation citizens and include them in the collective representation of the AFN. Implementation of this recommendation is dealt with on page 101.

RECOMMENDATION #9 • That a protocol be developed with the National Association of Friendship Centres that defines the 9 Assembly of First Nations’ responsibility to provide political representation and the reciprocal role of the NAFC to administer services in urban areas. EPRESENTATIVE Implementation of this recommendation is dealt with on page 102. AFN R AKING THE 3— M 3— HAP TER C Todd Curran © , photo: ATBC

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 31 Issue: Effective Representation in National Forums

IN THE HEARINGS AND FOCUS GROUPS the Commission explored the views of First Nations and their citizens on the current and future role and

EPRESENTATIVE function of the AFN. As stated in the AFN Charter, the AFN is a national forum which First Nations collectively act through in order to advance their aspirations. The AFN was originally created as a national lobby organ- AFN R ization, deriving its authority and mandate from the collective will of First Nations. It was not created as a government or as an agent for program and service delivery. AKING THE Much has changed in the twenty years since the AFN Charter was approved formally. The Commission wanted to understand what First

3— M 3— Nations and their citizens see as the appropriate roles and functions of a renewed AFN. In summary, the Commission concludes that First Nations want their national organization to fulfill three primary roles: HAP TER

C act as the delegated representative or ambassador of First Nations in national and international forums; assist First Nations to achieve self-reliance and self-determination through support for nation-building efforts; and promote the unity of First Nations and their citizens.

First Nations do not envision the AFN assuming authority over the management, administration or direct delivery of programs and services. Instead, First Nations suggest a focused and specialized capacity for the AFN to be at the forefront of policy advocacy and analysis to influence and create opportunities for First Nations to advance their goals of self-determination.

The Renewal Commission has taken notice of the interests of First Nations and their citizens to establish an AFN that can respond to a range of issues in a manner that affirms their rights, and in a way that reinforces their historic, constitutional position in Canada as equal partners. This includes all AFN structures and institutions. This means the National Chief would assume a political status equal to that of First Ministers. Then the National Chief can act as the effective voice of First Nations, and International law can represent their aspirations, interests and perspectives on the national stage. assist First Nations to prepare “We have a process in Canada where the Prime Minister and anticipate arguments and the Premiers meet on certain issues that affect First Nation people. We have to try and get our people into those regarding the future of First systems somehow, the leadership of AFN, because when it Nations rights, Treaty rights affects our people and people are deciding on our behalf, something has to be done.” and relationships and the AFN Regional Chief Francis Flett, Manitoba Region, Winnipeg Hearing right to self-determination.

32 AFN Renewal Commission Report 2005 “Right now we are somewhat outside the loop and periodically the Ministers and the Prime Minister will have discussions with task forces or with committees that are established, but we have no formal presence in the governmental infrastructure of Canada, and we must have that at all costs.” Karen Hunt, Prince George Hearing

The AFN will have to work hard to turn this key part of AFN Renewal – Equal Participation in Confederation – into reality. This aspect of the vision was unequivocally stated by those who made presentations to the Renewal Commission. It is the Commission’s view that the AFN should make significant efforts to make it happen.

As stated in Chapter 1, the journey toward respect and effectiveness in Confederation, in our nation-to-nation and government-to-government relationships with Canada, involves in the AFN’s internal rela- action and change EPRESENTATIVE tions. In particular, it requires action that will make the AFN a rooted, representative, responsive and respected voice of First Nations and their citizens. The Commission’s recommendations about First Nation values in the

AFN organization, and specific structural and procedural reforms, including the election of the National Chief AFN R through a universal vote, are aimed at reinvigorating the AFN so that it may develop the capacity to meet the challenge of renewal demanded by the First Nations. AKING THE

Issue: Effective Representation in International Forums 3— M 3— FIRST NATIONS HAVE long recognized the importance of ongoing involvement in the arena of international affairs. First Nation leadership established a mandate for the AFN that created an international role for the organization.

In the opening declaration of the AFN Charter, the Chiefs state: HAP TER C

“that our Aboriginal title, Aboriginal rights and international Treaty rights exist and are recognized by international law” …and further that: “the Chiefs are determined to establish conditions under which justice and respect for the obligations arising from our international treaties and from international law can be maintained…” by employing… “national and international machinery for the promotion of the political, economic and social advancement of our peoples.”

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 33 EPRESENTATIVE AFN R

The Commission believes that it is important to recognize the tools that are

AKING THE available within international law and international forums to support nation-building. International law can assist First Nations to prepare and anticipate arguments regarding the future of First Nations rights, Treaty

3— M 3— rights and relationships and the right to self-determination.

International forums provide a context in which First Nations can compel HAP TER

C Canada to respect the rights of First Nations domestically, to more accurately report on compliance with the international human rights conventions to which it is a signatory and to demonstrate leadership with respect to the rights of indigenous peoples internationally.

“…the Government of Canada, I believe, has a tremendous opportunity to be a world leader in advancing the rights of indigenous peoples, but they aren’t doing it. That’s where I see a very strong and positive role for AFN to play to encourage and where necessary push Canada very aggressively to live up to the image they say they have. They say they’re the human rights promoters of the world, but at the same time they are the human rights violators of indigenous peoples rights. In that way I think we need to, as a national body, be more forceful, I think, in causing Canada to take a look at itself.” Willie Littlechild, Yorkton Hearing

Though mechanisms do exist within the AFN Charter for AFN empower- ment at international levels, the AFN has limited capacity to fulfill an international mandate. Maintaining international presence across a huge range of initiatives and activities on a sustained basis is costly. As a result, the AFN has been unable to respond consistently to calls for political inter- vention, or to participate consistently in multilateral forums and initiatives. And yet, with globalization, the internationalization of human rights issues and the intensification of civil conflicts involving indigenous peoples in other countries, the need and the demand grows for the AFN to be active internationally.

Though the AFN continues to enjoy respect and credibility within the international community, ways must be found to allow more active and sustained engagement in these forums. In speaking specifically about AFN participation in the United Nations Permanent Forum on Indigenous Peoples, one presenter shared these thoughts with the Commission:

34 AFN Renewal Commission Report 2005 “There are two ways in which the AFN can improve its involvement… Firstly, regional consultation must occur well in advance of these forums so that its interventions accurately reflect our issues and recommendations for action. Secondly, it is absolutely imperative that the AFN be involved throughout the whole duration of the forum. This is important for two reasons. First, at that last permanent forum the AFN was present only for the first week of the meetings. The meetings lasted two weeks. This meant that the AFN missed out on opportunities to present and promote our issues here in Canada. Second of all, it left the door open for other agencies to define what our issues are and what the recommendations for action could and should be.” Keely Ten Fingers, Assembly of Manitoba Chiefs Women’s Council, Long Plains Hearing

One factor that detracts from effective AFN participation in the international arena stems from the confusion of international law matters with those of human rights. Primarily, international law controls how states interact with each other. On a secondary level, international human rights conventions are concerned with upholding human rights and the rights of minority ethnic groups in the face of a state’s domestic activities and regulating relationships between a state and persons within its territory – matters that are otherwise the subject of domestic law and policy.

The blurring of international law and international human rights makes it difficult for the AFN, in fact for any organization, to develop a strong mandate or clear course of action. It makes it difficult, for example, to discern where international interventions by or on behalf of First Nations, especially in matters related to Treaties, would be most effective and what tools and remedies available internationally most appropriately should be utilized in relation to a given matter. Nonetheless, the Commission believes that the AFN can be of assistance to First Nations in international forums. EPRESENTATIVE The Commission is also of the view that the First Nations-in-Assembly need to debate these matters further and come to consensus on the international mandate and priorities of the AFN. On one hand, the international role

of the AFN could be to support nation-building and the international status of Treaties by using international AFN R law. Or, the role of the AFN may be to position itself to act as a recognized, credible and effective organizational representative of First Nations in international forums such as the United Nations and the Organization of American States. AKING THE M

However broadly or narrowly focused, the AFN’s contributions in the international arena could have a positive —

effect for other indigenous peoples. Success in international forums and in effectively employing international 3 law and human rights conventions will provide valuable precedents for other indigenous peoples living under hostile authorities, but also seeking international support and remedies. HAP TER C Finally, the AFN should embrace its role in contributing to the building and rebuilding of peaceful societies that respect and protect human rights, including the rights of indigenous peoples. The AFN should be able to respond in solidarity with indigenous peoples who face their own struggles with racism, colonization and geno- cide and in this regard, harness the strength and experience of First Nations.

RECOMMENDATION #10 10 • That AFN Renewal reaffirm the international role of the Assembly of First Nations. Implementation of this recommendation is dealt with on page 102.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 35 EPRESENTATIVE Issue: Support for Nation-Building

AFN R THE COMMISSION WAS told that the essence of nation-building is to restore the First Nations to their rightful status, to regain self-reliance and to bring the First Nations together again. Exercising the inherent right of self-gov-

AKING THE ernment, and decolonizing First Nation institutions by ridding them of the legacies of colonialism and imposed forms of government and administration is central in the transformation of First Nations. 3— M 3— The Commission also was told that First Nations are at a point in their collective history where the need to rebuild and regain control over the future HAP TER

C is a compulsion being felt and acted upon by First Nation leaders, Elders, women and youth.

Nation-building is not a new process for the First Nations. But perhaps at no other time in the recent past has this process been embraced with such determination and strength of mind. The transition is underway. In British Columbia, Yukon, Northern Quebec and else- where, there is evidence of nation-building Nation-building does not occur in a and the shaking off of imposed systems of government and institutions. The Nisga’a of vacuum… An essential part of the Renewal British Columbia, the Cree of Northern Quebec and Yukon First Nations have Commission’s vision is that the AFN can be achieved self-government that restores authori- a catalyst in the effort to rebuild… ty and the real prospect of self-determination to those Nations and their citizens.

The Commission applauds these developments and what they represent. In doing so, it endorses an observation made by the AFN Joint Committee of Chiefs and Advisors on the Recognition and Implementation of First Nation Governments, an observation that connects recognition and respect for the right of self-determination with human development and well-being:

First Nation governments that exercise real jurisdiction and that own and control their own resources and lands are pre-conditions to the successful development of First Nation communities. (Our Nations Our Governments: Choosing Our Own Paths, Report of the Joint Committee of Chiefs and Advisors on the Recognition and Implementation of First Nation Governments, AFN)

36 AFN Renewal Commission Report 2005 Nation-building does not occur in a vacuum. It is not an isolated event. An essential part of the Renewal Commission’s vision is that the AFN can be a catalyst in the effort to rebuild nations, First Nation communities, governments, institutions and economies and to rejuvenate the people. The AFN has a role in assisting and supporting First Nations in nation-building.

To give this meaning the AFN must participate more actively in assisting First Nations to improve the human, social and economic conditions in First Nation communities. Prerequisites for change include: effective First Nations and communities, effective leadership and appropriate systems of government, effective First Nation institutions and integrated policies and policy solutions. The AFN should assist First Nations to grasp the levers of change that are available to them within the nation-building process. The AFN should support everyone: individual First Nations and communities, groups of First Nations, Treaty Nations and all others engaged in nation-building. EPRESENTATIVE

Wherever First Nations and collectivities of First Nations find themselves, or desire to go through nation-building, the AFN has a role to play. The Commission believes it is important to recognize, however, that the role of AFN R the AFN and the relationship of it to Nations in the stream of nation-building may, by necessity, be as different and unique as the First Nations that the AFN serves. AKING THE The AFN’s role in relation to First Nations that have restored their Nations and governments will necessarily be different than its role and relationship to First Nations which, for the time being, remain within the legislative and policy framework of the . Those that have restored their governments may to look to the AFN Indian Act M 3— primarily to provide a coordinated voice in national and international forums, whereas other First Nations may continue to require support and advocacy to move away from the Indian Act framework. HAP TER C The Commission believes that the First Nations-Federal Crown Political Accord on the Recognition and Implementation of First Nation Government signed in May 2005 may provide an opportunity for First Nations to advance their nation-building aspirations. First Nations may also choose to pursue nation-building through the unilateral assertion of jurisdiction independent of bilateral or multi-lateral processes. The AFN will be able to work with First Nations and Canada to unfold a new constitutional, legal and policy context that will support the nation-building efforts of First Nations. It will support the formation of a renewed relationship with the Crown based on principles of recognition, respect, sharing and responsibility, as articulated by the Royal Commission on Aboriginal Peoples.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 37 EPRESENTATIVE AFN R AKING THE 3— M 3—

It is in this context, and within a renewed relationship with Canada, HAP TER

C that First Nations will find the keys to unlock the doors that have kept them separated from their goals and aspirations. By transforming the Political Accord from words and paper into an effective constitutional and legal environment for negotiation and implementation, the First Nations will be able to bring to life self-determination and self-government, the spirit and intent of Treaties and Treaty relationships, Aboriginal rights and the rights associated with Aboriginal title, and ultimately spiritual, cultural, social and economic well-being within First Nation communities and among First Nations citizens.

RECOMMENDATION #11 Recommendation 11 • That the Assembly of First Nations embrace decolonization while assisting and supporting 11 all the nation-building efforts of the First Nations. Implementation of this recommendation is dealt with on page 103.

38 AFN Renewal Commission Report 2005 Chapter 4 A Responsive AFN: Renewing AFN Governing & Corporate Structures

Introduction n Chapter 4 the Renewal Commission considers how the Assembly of First Nations can be made more RESPONSIVE to First Nations I and their citizens through the introduction of major reforms to AFN governing and corporate structures. These reforms require amendments to the AFN Charter. They also require the

introduction of new instruments and structures as part of the AFN AFN’s overarching accountability and governance framework, including a Code of Conduct for leaders and the creation of an AFN Auditor General’s Office. Though this chapter and the next are lengthy, it is the Commission’s view that they merit ESPONSIVE detailed review and consideration because they are essential to understanding the importance of AFN Renewal. The appendices to this report contain more detail with respect to this chapter’s proposals 4— A R A 4— and recommendations. Of special note is Appendix E, the proposed revisions to the AFN Charter. HAP TER C The AFN’s current structural organization is complex. The AFN Charter establishes and describes the composition, functions and powers of seven AFN political and administrative units called “Principal Organs”: the First Nations-in-Assembly the Confederacy of Nations the Executive Committee the Council of Elders the Council of Women the National Youth Council the AFN Secretariat (National Indian Brotherhood)

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 39 AFN

The first three are governing bodies: the First Nations-in-Assembly, the Confederacy of Nations and the Executive Committee. These three fulfill

ESPONSIVE executive, decision-making and policy-setting functions. The three Councils – Elders, women, youth - have advisory mandates. The AFN Secretariat, which is the National Indian Brotherhood (NIB), is the AFN’s administrative and corporate entity. A framework for the AFN Secretariat is 4— A R A 4— established in the AFN Charter, but the Secretariat is constituted legally as a separate federal corporation, operating as the NIB according to its own

HAP TER by-laws. C

The Commission’s mandate required it to consider and make recommendations on what changes, if any, are required to the AFN structure, taking into account the social, cultural and economic circumstances of First Nations. The Commission asked the presenters to assist it in this regard by addressing the following questions: What would you like the Assembly of First Nations to keep? What should the Assembly of First Nations change? What should we create?

In this chapter, the Commission sets out what it heard on all these matters and provides several recommendations for structural change. In particular, the Commission considered the composition, role, duties and powers of each of the AFN’s principal organs and those new or revised structures that the Commission proposes become part of a renewed AFN.

After receiving considerable testimony, the Commission concludes that, with the one exception of the Confederacy of Nations, all the AFN’s principal organs should be kept in place, but not unchanged. Many of the recommendations in this and the next chapter address how these core structures should be modified in composition, roles, responsibilities and functions to better serve First Nation interests nationally and internationally.

The Commission’s more significant proposals for structural renewal include dissolving the Confederacy of Nations and replacing the Executive Committee with a new National Council with expanded membership.

Additionally, the Commission proposes that AFN Renewal encompass the establishment of a more effective accountability framework. The accountability of AFN executive members can be strengthened through the proposals concerning an Oath of Office and Code of Conduct for AFN officials. The establishment of an Auditor General’s Office at the AFN will contribute to greater transparency and accountability internally and in our relation- Todd Curran © , ships with national First Nation institutions that rely on AFN support for their legitimacy. photo: ATBC

40 AFN Renewal Commission Report 2005 Because of the structural complexity of the AFN, the Commission begins this chapter with a birds-eye view of a renewed AFN organization. It then proceeds to report on what the Commission heard and what it recommends in relation to the AFN’s principal organs, that is, the existing governing structures. The Commission has organized the analysis to consider the following five main types of AFN structures: Assembly; Executive; Advisory (Councils); Corporate (Administrative); and, Regulatory.

The Commission sees the renewal and re-invigoration of AFN governing and corporate structures as a strategic measure that ultimately will position the AFN to more effectively define and move on national First Nation priorities.

Issue: Treaties

THE COMMISSION ACKNOWLEDGES the views of the many presenters whose main emphasis was on the importance of Treaties. They want AFN Renewal to bring about a reform of the AFN based on the structural and procedural foundations of inter-First Nation and international Treaty relations. There is significant support among First Nations for a Treaty-based renewal and re-orientation of the AFN. Indeed, the Commission believes this is an important outcome of broadly-based nation-building and decolonization processes. The Commission also believes it is vitally important that as First Nations increasingly are able to restore inter-First Nation relationships and forms of First Nation political organization at Treaty, nation and confederacy levels, the AFN remain open to a more fundamental restructuring that can accommodate and reflect this emerging First Nation reality.

At this time, the Commission was unable to find a consensus among First Nations for a significant realignment of the AFN based on Treaties and Treaty relationships. This lack of consensus may be attributed, in part, to the fact First Nations, including many Treaty nations, are at different places on the nation-building continuum.

Many find themselves engaged in the very early stages of this process and have not as yet moved significantly AFN beyond the Indian Act, or been able to pursue the restoration of political relationships and cooperation along Treaty lines.

Consensus also is deterred by divergent First Nation perspectives as to an appropriate role for the AFN in rela- ESPONSIVE tion to Treaties. Some First Nations believe the AFN should be more proactive with respect to Treaty relationships and Treaty implementation. Other Treaty Nations are of the view that the national organization should have no involvement in matters related to specific Treaty relationships and Treaty implementation. 4— A R A 4—

On this issue, the Commission concludes that a consensus will emerge more quickly if, through the adoption of

the types of reform recommended in this report, the AFN becomes more rooted in First Nation culture, more HAP TER C representative of and responsive to its members and more respected and effective in the forums of Canadian Confederation and internationally.

As an element of its support for nation-building, the AFN should explore ways to respond to the undercurrent of Treaties and Treaty relationships that flows within the AFN. Such response should ensure that appropriate structural and procedural reforms are introduced at the right time and that organizational resources are directed toward supporting inter-First Nation Treaty relationships and the international status of Treaties. Realignment and the structuring of the AFN on a Treaty basis should occur when a consensus emerges among the AFN members. At such time, the types of more fundamental and significant reforms that are now sought by Treaty First Nations may be introduced with greater ease and effect.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 41 AFN Until such time as a more fundamental restructuring of the AFN can be completed, the Commission recommends adopting structural reforms leading to an AFN organization as depicted in the following diagram. ESPONSIVE Proposed Structural Reforms 4— A R A 4— HAP TER C

42 AFN Renewal Commission Report 2005 Issue: AFN Assembly Structures

THE AFN HAS two main structures: the First Nations-in-Assembly, and the Confederacy of Nations.

First Nations-in-Assembly Currently made up of the Chiefs of the member First Nations, the First Nations-in-Assembly is the AFN’s primary governing body. It is the main participatory structure through which First Nations set the course of the national First Nation political agenda, defining and determining national priorities, policies and initiatives to accomplish this agenda. This body provides direction to AFN research, policy and program activities carried out by the AFN Secretariat. It approves AFN Secretariat (NIB) audits, and at present is responsible for electing the National Chief.

The First Nations-in-Assembly convenes and conducts business in the forum of the Annual General Assembly and in Special Assemblies held as required. At Assemblies, First Nations identify, debate and pass resolutions that, in turn, guide much of the AFN’s day-to-day and year-round work. The First Nations-in-Assembly cannot bind First Nation governments to act on its decisions, although certainly First Nation, federal and provincial governments are attentive to these decisions.

As the AFN’s main governing body, the First Nations-in-Assembly has the right to discuss and make decisions on a range of matters including political cooperation, constitutional law, human rights, and economic, social, cultural, education and health issues. In general, the Commission found strong support for the First Nations-in- Assembly among the AFN’s constituency.

“It is the First Nation leadership that has the decision-making power and that’s what we need to recognize and respect.” Chief Gail Shawbonquot, Whitefish Lake First Nation, Sudbury Hearing

“I think that having all the Chiefs meet once a year is a good thing. Of course

the costs are huge, I’m not too sure how to best manage that. But to see all the AFN Chiefs together is probably very powerful and everyone has an equal vote. I can just imagine the value that our Chiefs get out of that.” Kevin Menioche, MLA for Nahendeh Northwest Territories, Inuvik Hearing ESPONSIVE

The Commission believes that in a renewed AFN, the First Nations-in-Assembly is the appropriate main structure enabling AFN members to contribute to the formation and pursuit of a national First Nation agenda. Also, we see the First Nations-in-Assembly as a cornerstone of the nation-building process. 4— A R A 4—

While no structural change to the First Nations-in-Assembly is proposed here, in the next chapter the

Commission does make several recommendations to bring about improvements to Assembly procedure and how HAP TER C the business of the First Nations-in-Assembly is conducted.

The Confederacy of Nations At the AFN’s formation, it was intended that the Confederacy of Nations and the First Nations-in-Assembly would be distinct entities, with distinct memberships, purposes and decision-making functions. The Confederacy of Nations, a smaller body than the First Nations-in-Assembly, comprises the National Chief, AFN Regional Chiefs and one representative for every 10,000 First Nation citizens in each region. In practice, the Confederacy has approximately 74 participants and meets on a quarterly basis. The Confederacy was created to review, interpret and enforce decisions and directions of the First Nations-in-Assembly and provide ongoing direction to the AFN and the Executive Committee between Assemblies.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 43 AFN Today, there appears to be little separation between the Confederacy and the First Nations–in-Assembly. Over time, an AFN custom has emerged where any Chief may exercise delegate privileges, including voting rights, at a Confederacy meeting. The two structures share the same type of authority,

ESPONSIVE decision-making processes and powers. Their business is similar. The apparent duplication of function and activity, sometimes working at cross-purposes, has led the AFN membership to conclude that the Confederacy and its meetings are unnecessary. 4— A R A 4—

The volume of commentary and testimony received by the Commission

HAP TER concerning the Confederacy rivaled that received on the subject of the C overall representativeness of the AFN. Participants in the Renewal

Commission’s public hearing process expressed concerns regarding Todd Curran © , representation within the Confederacy’s structure, its processes and accountability. Many expressed their view that the Confederacy is irrelevant photo: ATBC and should be eliminated.

“The MKO Chiefs passed a resolution recently that AFN have more Assemblies and… eliminate Confederacy meetings.” Louisa Constant, Manitoba Keewatinook Ininew Okimowin, Opaskwayak Cree Nation Hearing

“There should be an elimination of the Assembly of First Nations Confederacy meetings. We don’t think that the equalization of representation of First Nations across Canada and one representative of 1 in 10,000 is really accurate to represent the interests of our Nations or British Columbia First Nations in this part of Canada.” Chief Nathan Mathew, representing the Shuswap Tribal Council, Kamloops Hearing

Decisions taken by the First Nations-in-Assembly are often subject to reversal by the Confederacy of Nations. As a result, the Confederacy is sometimes viewed as an inefficient, even counterproductive force in the pursuit of a coherent, consistent, integrated national First Nation agenda.

“If the next meeting happens to be a Confederacy of Nations meeting… those resolutions or motions that were passed six months ago can be brought back and changed.” Greg McIvor, Winnipeg Hearing

“The other recommendation you might want to consider is a review of the role of Confederacy. Often what will happen is you’ll have AFN resolutions which are passed at a national forum. So you’ll have representatives from all the Nations across Canada showing up and yet at the next regional forum a group at that level will come forward and start passing different directions… That relationship really needs to be clarified. It also changes the representative structure.” Edward Allen, Chief Executive Officer, Nisga’a Lisims Government, Prince George Hearing

44 AFN Renewal Commission Report 2005 One of the reasons for this situation, in which there is conflict, duplication and overlap in the activities of the two assembly structures, is that the Confederacy often does not rigorously adhere to the mandate it has been given in the AFN Charter. This, of course, contributes to the confusion leaders and officials express concerning the role of the Confederacy and their participation in Confederacy meetings.

The Commission concludes a renewed AFN can and will function effectively and efficiently without the Confederacy of Nations.

RECOMMENDATION # 12 • That the Confederacy of Nations be dissolved as one of the principal organs of the Assembly of 12 First Nations. Implementation of this recommendation is dealt with on page 103.

The Commission’s recommendations on policy structures in the next chapter and in particular the recommendation for National Policy Forums, address the need for structures and processes that are supplementary to the First Nations-in-Assembly and that provide a venue in which the national First Nation agenda can be discussed, debated and decided upon in a more inclusive way.

Issue: Executive Structures

OFFICIALLY, THE EXECUTIVE STRUCTURE of the Assembly of First Nations includes the Executive Committee, comprising the National Chief, the AFN Regional Chiefs and the Chair of the Council of Elders, who acts in an advisory capacity. In recent years, the practice has been to allow chairpersons of the AFN’s Council of Women and the National Youth Council to also advise the Executive Committee.

In Chapter 3, the Commission recommended changes to the way AFN leaders are selected. In particular, the rec-

ommendation for the election of the National Chief through a universal vote and the Commission’s encourage- AFN ment for the AFN Regions to also adopt the universal vote for the selection of Regional Chiefs, will have a positive impact on the representativeness of the AFN’s executive structure. In this chapter, the Commission addresses other issues related to the AFN Executive. ESPONSIVE

The AFN Executive Committee Currently, as mandated through the AFN Charter, the AFN Executive Committee has a political role and a role in 4— A R A 4— overseeing and directing the AFN’s administrative operations, carried out through the AFN Secretariat (the National Indian Brotherhood). The Committee comprises the National Chief, AFN Regional Chiefs, and the

Chairs of the Council of Elders, Council of Women and Youth Council. It is accountable to the First Nations- HAP TER C in-Assembly and the Confederacy of Nations.

In its political role, the Executive Committee is the structure through which executive functions of the organization are fulfilled. Its primary responsibility is to implement decisions made by the First Nations-in-Assembly and the Confederacy of Nations and to act on their directions. The Executive can respond to matters of concern to individual First Nations upon request, so long as this does not affect other First Nations.

The Executive Committee also has a role to play in the flow of information and intelligence within the organization. It is mandated to provide information and direction to the First Nations-in-Assembly and the Confederacy in matters which, in the opinion of the Committee, “may jeopardise the security, survival, rights, aspirations and jurisdiction of First Nations”.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 45 AFN The Executive Committee’s relationship to the AFN’s administrative arm is outlined in the Charter. Its administrative oversight functions include “monitoring and controlling” the AFN Secretariat, selecting senior officials, developing AFN budgets for approval by the Confederacy of Nations and

ESPONSIVE managing these budgets.

Currently, members of the Executive Committee also serve on a separate entity, the Executive Council of the AFN Secretariat (the National Indian 4— A R A 4— Brotherhood). Acting as the Board of Directors of the incorporated NIB, Todd Curran © , the current AFN Executive carries out its corporate duties and responsibili-

HAP TER ties in accordance with the NIB’s by-laws. C photo: ATBC In order to fulfill both its political and administrative functions, the AFN Charter provides for the Executive Committee to establish portfolios, and direct resources to portfolio priorities and activities that are consistent with direction provided by the First Nations-in-Assembly. Chiefs Committees have been established and portfolio responsibilities assigned in relation to particular subject matters or issues important to First Nations, as part of the AFN’s executive and administrative infrastructure. Portfolios and Chiefs Committees provide an important point of connection between the political side of the organization and its administrative arm, the AFN Secretariat and the staff who work within its functional departments.

In practice, the AFN Executive Committee meets monthly to debate and resolve specific issues on the national agenda, including those issues specifically referred to it by the First Nations-in-Assembly. The Committee is a forum in which different points of view among regions and different First Nation perspectives can be harmonized and decisions made on how to implement resolutions emanating from the First Nations-in-Assembly or the Confederacy.

During the Commission’s hearings and focus groups and in written submissions, participants identified several issues surrounding the Executive Committee’s representativeness and composition, its roles and responsibilities and the apparent blurring of Executive members’ political and administrative duties and functions.

Many presenters questioned the representativeness of the The Committee is a forum in Executive Committee in view of its current composition. Clearly, one of the intentions at the founding of the AFN which different points of view was to allow regional perspectives to be incorporated into …[and]… perspectives can be the national agenda, its political positions, and its executive decision-making structure, by way of the Executive harmonized and decisions made Committee. The Regional Chiefs do bring a regional perspective to decision-making. However, many participants on how to implement resolutions expressed their view to the Commission that the regional perspective frequently supersedes the national perspective emanating from the First Nations- and the national interests of all First Nations. Others said the Executive Committee, in its current composition, in-Assembly or the Confederacy. excludes important First Nation perspectives, such as those of First Nation women and youth.

46 AFN Renewal Commission Report 2005 The conflict inherent in the AFN Regional Chiefs’ roles as national and regional representatives raises questions about the accountability and effectiveness of the individual Regional Chiefs and the AFN. Concerns were expressed to the Commission about the adversarial and competitive environment that has been created. The Executive is seen as being unable to achieve consensus, or advocate outside of narrow regional interests. And yet, First Nations are firm in their expectation that members of the AFN Executive should collaborate, cooperate, accommodate and, in their interaction, demonstrate First Nation values such as respect.

Another issue concerns lack of clarity on the separation of the political and administrative oversight functions fulfilled individually and collectively by members of the Executive Committee. In fulfilling their assigned portfolio responsibilities, and in their capacity as the Chairs of Chiefs Committees, individual AFN Regional Chiefs direct the use of AFN resources and provide direction to AFN Secretariat staff. There are few clear rules about the scope of authority of Regional Chiefs. This lack of clarity concerning the appropriate point of separation between political and administrative oversight functions has contributed to a blurring of operational responsibility and accountability between the Executive and the AFN Secretariat and within the AFN Secretariat. A com- pounding problem is that the AFN Charter assigns to the Executive Committee some responsibilities that, arguably, more appropriately rest with senior AFN administrative officials.

This situation, in which accountability relationships are unclear, is made more difficult by the fact that, at present, the membership of the Executive Committee (a political structure) mirrors that of the NIB Executive Council, the corporate and legal entity through which the AFN carries out its administrative operations, including the hiring of staff and contractors, and the receipt of financial resources from various government departments and other funding agents.

The Commission’s deliberations on the issues that have been raised regarding the AFN executive structure have led it to conclude that now is the time to expand membership in the executive structure to introduce more perspectives. AFN Renewal provides an opportunity to introduce significant and permanent changes in the political structure of the AFN Executive.

The Commission proposes elimination of the existing AFN Executive Committee, and its replacement with a

new executive structure that is both larger and better able to engage a wider set of interests and perspectives in AFN debate and discussion. A new AFN executive structure, which the Commission proposes be known as the National Council, should include as members, the National Chief, the AFN Regional Chiefs and a representative of each of the three councils - Elders, Women and Youth. Additionally, the National Chief should be given the authority to appoint, as members, four individuals as national advisors to the new National Council. ESPONSIVE

The creation of a National Council will signal there is renewed capacity within the AFN executive structure for enhanced, inclusive and effective leadership. The National Council holds the potential for achievement of a 4— A R A 4— greater balance between regional and national interests, gender, youth-Elder and other interests. HAP TER RECOMMENDATION #13 C • That the AFN Executive Committee be replaced with a new executive structure to be known as the National Council, the purpose of which will be to carry out the national First Nation agenda. 13 • That the National Council be composed of the National Chief and the Regional Chiefs as voting members, and one Chairperson from each of the Circle of Elders, the Women’s Council and the Youth Council, and the four National Advisors as non-voting members. • And that the National Chief act as the chair of the National Council. Implementation of this recommendation is dealt with on page 104.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 47 AFN Expanding the non-voting membership of the executive to include four National Chiefs’ advisors who will offer advice in specific sectors or on targeted issues, will enhance the executive’s strategic, policy, managerial and administrative capacity. The Commission believes this change also will

ESPONSIVE increase the capacity of the AFN and its executive, to define, adhere to and carry out a national First Nation agenda and mandate. It will enable the National Council to better respond to particular issues of the day that are of national or strategic interest, or processes and opportunities, such as con- 4— A R A 4— stitutional discussions, that present themselves from time to time.

HAP TER Further, if the National Chief chooses to appoint two women and two C men, this will contribute to greater gender balance within the AFN Executive. The Commission believes that the over-all effectiveness of the National Council and its ability to work cooperatively and with flexibility, would be improved if the four national advisors are approved by the Regional Chiefs.

RECOMMENDATION #14

• That the National ChiefRecommendation appoint four advisors #14 to the National Council to act in an advisory 14 capacity in areas of strategic and national interest to First Nations, and on constitutional, legal and policy issues. • And that the National Chief’s appointments be approved by the Regional Chiefs, and serve for as long as required by the National Chief. Implementation of this recommendation is dealt with on page 104.

The National Chief Over time, and since the adoption of the AFN Charter in 1985, the national profile, roles and responsibilities of the National Chief have changed and grown. Patriation of the Canadian Constitution in 1982, the constitutional conferences of the 1980s and 1990s and evolution in the constitutional, legal and policy environment affecting Aboriginal and Treaty rights and First Nations interests vaulted the office holder into the public eye and onto the national and international stage. Without doubt the National Chief has become the most visible member of the AFN, recognizable to First Nation and non-First Nation people throughout Canada.

The AFN Charter acknowledges the status of the National Chief as “not separate and apart from the Executive Committee”. The National Chief chairs the Executive Committee and takes direction from it. The Charter also binds the National Chief to decisions and policies determined by the First Nations-in-Assembly and the Confederacy of Nations. As a leader who assumes his or her mandate and authority to act, not from the office itself, but from other AFN structures, the National Chief is bound to a sacred political trust, and expected to comply with direction provided by the First Nations-in-Assembly, the Confederacy of Nations and the Executive Committee. This political trust and associated relationships establish the primary links in an accountability chain that binds the National Chief to other parts of the organization and the First Nations.

48 AFN Renewal Commission Report 2005 The National Chief’s role also finds expression in relation to the AFN’s corporate structure, the National Indian Brotherhood or NIB. The Charter confirms the National Chief’s role in providing direction to the administrative and financial operations of the AFN, which are executed through the AFN Secretariat and the NIB corporation. This role is carried out consistent with the National Chief’s election mandate, and with direction provided by the Executive Committee, the Confederacy of Nations and the First Nations-in-Assembly. NIB by-laws confirm the National Chief as the chair of the NIB’s Executive Council and President of the 1 NIB’s Executive Committee .

Although the Office of National Chief carries with it no independent decision-making or political authority, the position is integral to the national organization, especially to its executive functions. In practice, every National Chief since 1982 has had a high political profile and the associated political authority deemed necessary by the Chiefs to achieve the objectives of the day.

Many participants shared with the Commission their view that the principal role of the National Chief is to act as the national spokesperson on First Nation issues and interests.

“We must have a national leader who is a spokesperson who advocates on the behalf of the First Nations people on issues of commonality.” Chief Wilfred King, Gull Bay First Nation, Sudbury Hearing

The Commission sees no reason either to diminish or to expand the role and function of the National Chief. The Commission’s main recommendation, as it concerns the Office of National Chief, is that the person who holds this office should no longer be elected exclusively by the Chiefs, through the First Nations-in-

Assembly, but instead should be directly elected by a wider constituency of First Nations peoples through a AFN national election.

The Commission proposes other modifications to the AFN Charter that address the functions and powers of the office of the National Chief. These are intended to clarify the National Chief’s mandate and bring the language ESPONSIVE of the Charter into conformity with contemporary usage and other recommendations the Commission is making. For example, the proposed adjustments confirm that the National Chief is part of the executive structure (the new National Council) and together with the Executive takes direction from the First Nations-in-Assembly. 4— A R A 4— Further, that the National Chief must make political reports to the Executive and communicate these to the AFN Regions and the First Nations-in-Assembly. These changes form part of the Report’s Implementation Plan

in Chapter 7 and are included in a revised AFN Charter, which is Appendix E of the report. HAP TER C

The accountability framework within which the National Chief operates now encompasses checks and balances, primarily involving the First Nations-in-Assembly. The Commission believes that, in view of the fact the National Chief will be elected by First Nations citizens and not only the Chiefs, it is appropriate to introduce additional accountability measures. These are intended to clarify and strengthen the accountability framework within which the National Chief is expected to carry out his or her duties. They include the National Chief tak-

1 The NIB’s Executive Committee exists in name only. NIB by-laws establish the Executive Committee’s membership as inclusive of the President, Vice-President and Secretary/Treasurer and provide that these executive officers are to be elected at general assemblies of the Executive Committee. Historic practice of the NIB has been that only the executive position of National Chief is occupied. As a result there is no Executive Committee that is constituted pursuant to NIB by-laws.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 49 AFN ing an Oath of Office and agreeing to abide by a Code of Conduct and a Conflict of Interest declaration. In addition, the revised AFN Charter confirms that the National Chief is accountable to the First Nations-in- Assembly and the Executive (the new National Council) for the conduct of his or her duties. ESPONSIVE

RECOMMENDATION #15 • That, upon assuming office, the National Chief take the Oath of Office as set out in Appendix G, and 4— A R A 4— sign the Assembly of First Nations Code of Conduct as set out in Appendix F, and the 15 Conflict of Interest Declaration as set out in Appendix H. HAP TER

C Implementation of this recommendation is dealt with on page 105.

AFN Regional Chiefs The Commission agrees with many presenters who said the Regional Chiefs are sometimes put in a difficult position because they are accountable, primarily, to their Regions, but at the same time, are answerable at the national level to all First Nations and their citizens through the AFN Executive Committee.

In Chapter 3, the Commission encouraged each Region to consider adopting a universal vote as the method for selecting AFN Regional Chiefs. The Commission wishes to expand on this concept, underlining the view that first and foremost the Regional Chiefs should recognize they are members of a national body with a mandate to pursue the national priorities of First Nations, as determined by the First Nations collectively.

The Commission believes the introduction of several related measures will more effectively bind the Regional Chiefs to the national organization and the national First Nation agenda, balance the competing accountabilities and reduce some of the divisions that have arisen within the AFN’s Executive structure.

RECOMMENDATION #16 • That, upon assuming office, Assembly of First Nations Regional Chiefs take the Oath of Office as set out in Appendix G, and sign the AFN Code of Conduct as set out in Appendix F, and the 16 Conflict of Interest Declaration as set out in Appendix H. • When a Regional Chief accepts public office, a ceremony of acceptance be conducted by the Circle of Elders and the Region’s leaders, in which the individual affirms his or her commitment to the national First Nation agenda. Implementation of this recommendation is dealt with on page 105.

The AFN Charter should be amended to confirm the accountability relationship of Regional Chiefs to the First Nations-in-Assembly, the National Council and First Nation citizens in their regions. In order to give effect to these accountability arrangements, the Commission proposes the introduction of a compensation formula that includes a system of positive incentives for adherence to the national First Nation agenda, and at the same time, provides the means by which individual Regional Chiefs can be sanctioned for non-fulfillment of duties and obligations, and non-compliance with sworn Oaths and Codes of Conduct. Oversight of compliance will be by members of the Executive, as peers and also by the AFN Auditor General.

50 AFN Renewal Commission Report 2005 RECOMMENDATION #17 • That a formula for compensating Assembly of First Nation Regional Chiefs be developed to include a base salary that is associated with the office of AFN Regional Chief, and salary increments 17 based on each region’s First Nation population, the number of First Nations in the region, portfolio responsibilities held, and associated levels of engagement with portfolio responsibilities. • And further, that financial sanctions be imposed through the individual Regional Chief’s compensation when: a Regional Chief fails to attend meetings that he or she is expected to chair or attend; or, it is determined that the behaviour of an individual Regional Chief does not conform to the national First Nation agenda, or contravenes the Oath of Office, Code of Conduct or Conflict of Interest Declaration. Implementation of this recommendation is dealt with on page 106.

The Commission believes that the portfolio system and Chiefs Committees are beneficial and should be retained. It concludes, however, that a number of measures should be introduced to separate the political and administrative responsibilities of Regional Chiefs related to their giving direction to the AFN Secretariat staff as portfolio holders, chairs of Chiefs Committees, or members of the NIB Board of Directors.

First, the Commission suggests that the National Chief should give considerable weight to the Regional Chief’s experience and knowledge when appointments are made to AFN portfolios.

Second, the Oath of Office taken by Regional Chiefs should identify and emphasize the political nature of responsibilities that are associated with this office, including the duties and responsibilities of Regional Chiefs as portfolio holders and as the Chairs of Chiefs Committees, which operate according to specific terms of reference. AFN Third, Regional Chiefs should be provided with orientation and ongoing advice on what constitutes an appropriate relationship between a Regional Chief, the AFN Secretariat staff and the use of other AFN resources. ESPONSIVE

RECOMMENDATION #18 4— A R A 4— • That the portfolio system be strengthened, with each Regional Chief assuming political responsibility for the activities of his or her assigned AFN Secretariat department. HAP TER 18 C • That the Oath of Office clearly identify the political responsibility of the Regional Chief in relation to his or her assigned portfolio. • And that each Regional Chief be provided with orientation and ongoing advice as to the appropriate fulfillment of his or her political duties in relation to the AFN’s administrative operations, staff and financial resources. Implementation of this recommendation is dealt with on page 107.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 51 AFN Issue: Advisory Structures (Councils – Elders, Women, Youth)

ESPONSIVE AS PREVIOUSLY NOTED, the AFN now has three councils that provide advice to the Executive Committee, the National Chief and, to a more limited degree, the First Nations-in-Assembly. These are the Council of Elders, the Council of Women and the National Youth Council. The AFN Charter defines the composition of 4— A R A 4— each Council.

HAP TER The Council of Elders comprises Elder representatives of First Nations. The C Council of Women is made up of women in leadership positions in each of the ten AFN Regions. The National Youth Council has twenty members, with male and female representatives between the ages of 16 and 29, drawn from each of the ten Regions. The members of the Council of Women and National Youth Council serve three-year terms. The Council of Women and the Elders Council select their chairperson in accordance with their own procedures. The National Youth Council selects a male co-chair and a female co-chair, one representing the East and the other the West.

The role and function of each council is spelled out in the AFN Charter. In the case of the Council of Elders the functions are more elaborate: they include direct participation in decision-making structures such as the AFN Executive Committee, making recommendations to the various other AFN bodies and acting in a conflict and dispute resolution capacity.

And, measures recently introduced allow the chairpersons of the Council of Women and National Youth Council to attend meetings of the AFN Executive to represent each Council’s perspectives. They provide advice to the National Chief and AFN Executive when decisions are made. The chair of the Council of Women is compensated for her contributions to the AFN and AFN Secretariat resources are allocated to support the work and operations of the council at levels comparable to those of the other AFN Councils. The Commission believes these practices should be embedded as permanent features of the AFN structure.

While acknowledging that some efforts are being made to include the perspectives of Elders, women and youth in AFN structures, many presenters lamented the limited opportunities to influence and participate in national decision-making, priority setting and other activities.

“The Women’s, Youth and Elders’ Councils are not being utilized.” Louisa Constant, Manitoba Keewatinook Ininew Okimowin, Opaskwayak Cree Nation, The Pas Hearing

“Advisory Councils can lead to tokenism.” Geewadin Elliot, Head Councillor, Chippewas of Nawash Unceded First Nation, Toronto Hearing

“We need to strengthen those groups (ie. Elders, women, youth) within the AFN.” Elaine Johnson, Serpent River First Nation, Sudbury Hearing

For some, the AFN has yet to fully confront the question of how to engage First Nations Elders, women and youth in its structures and activities.

52 AFN Renewal Commission Report 2005 Elders It was made clear to the Commission that Elders wish to continue to advise AFN leaders, and to help to incorporate First Nation values into AFN business through teachings, and traditional ceremonies, practices and customs. The Commission anticipates that its recommendations in Chapter 2 concerning the renewed emphasis on First Nation values will go some distance toward making the AFN a more rooted and relevant organization - one in which our Elders and indeed, all First Nation citizens can draw inspiration.

Under the current AFN Charter, the Council of Elders has a role in dispute and conflict resolution. The Commission believes this authority and responsibility should be developed further and given greater prominence and place within the AFN, in specific structures such as the First Nations-in-Assembly and the National Council and in AFN General and Special Assemblies. The recommendations in this regard are included in a subsection on conflict management and resolution in the next chapter of this report.

Women “You see very little assistance towards women from the AFN.” Andrea Moore, Montreal Hearing AFN If the AFN truly desires to be effective and responsive, then it should be more inclusive of First Nations women and the unique perspectives they are able to bring to the national organization. First Nation women have a tremendous contribution to make, notably in addressing the contemporary social and economic challenges facing First Nations and the continuing forms of discrimination and racism found within Canadian society, government leg- ESPONSIVE islation and policy.

“In 1991 the Aboriginal justice inquiry of Manitoba stated that the abuse 4— A R A 4— of women and children within Aboriginal communities is the single greatest threat to the future of Aboriginal people.”

Diane Soroka, Montreal Hearing HAP TER C

Historically, First Nations women have felt it necessary to organize politically outside the AFN, through women’s and other organizations. They have done so to address issues having unique impacts on women, such as the dis- criminatory provisions of the Indian Act. But also, they have done so to address the lack of opportunity for effective participation in the decision-making structures and processes of national Aboriginal organizations. Working through these organizations, First Nations women successfully brought about legislative and policy changes. They were able to address systemic forms of discrimination and racism.

And yet, many of the issues which First Nations women and organizations pursue also form part of a common national First Nation agenda. This agenda is of equal interest and importance to all First Nations citizens regardless of gender. This agenda is of vital importance to the AFN. The AFN can be strengthened, and its capacity to

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 53 AFN influence real change in the social and economic realities of First Nations significantly increased, if First Nations women and their perspectives, are more fully incorporated into the national organization.

ESPONSIVE “There is a lack of communication from AFN to the Regions regarding women’s issues and it also raises concerns of exclusion of women in the decision-making process, especially with respect to women’s issues.” 4— A R A 4— Keely Ten Fingers, Assembly of Manitoba Chiefs Women’s Council, Long Plain Hearing HAP TER C The Commission was told often and acknowledges the many views shared with it, that AFN structures would function better with a more equitable representation of women.

“We must defer to those people who have that special perspective on women’s issues, women’s rights … and give them that opportunity to represent that point of view.” Noel Starblanket, Treaty 4 Spokesperson, Yorkton Hearing

The Commission also heard the profound and often stated message that First Nations women want to be represented by and fully included in the AFN. And, many stated the AFN is the national Aboriginal organization that speaks for them.

The governing structures of the AFN should conduct their business in a manner that ensures active engagement on issues of priority to women, in a manner that ensures their perspectives are heard, incorporated and acted on. The Commission concludes that providing First Nations women a place of respect and honour within the AFN and equitable access to AFN resources are key elements in the vision to restore First Nation values to the AFN, to make it more representative and more responsive and ultimately, to be more respected and effective.

“At its most basic, no nation can survive without its women and children.” Diane Soroka, Montreal Hearing

RECOMMENDATION #19 Recommendation #19 • That the Assembly of First Nations ensure that AFN decision-making includes First Nation 19 women’s perspectives, and that the AFN support women in all its political, operational and management structures and processes, including through the Women’s Council. Implementation of this recommendation is dealt with on page 107.

54 AFN Renewal Commission Report 2005 Youth

“I would like for the youth issues to be taken seriously. Don’t push them away.” Georgina Alexis, Prince George Hearing

First Nation youth represent a large and growing percentage of the population of First Nation citizens. First Nation youth represent the fastest growing population in all of Canadian society. As a result, youth around the country are demanding that they be given the opportunity to be involved in First Nation decision-making processes.

It is the Commission’s view that this growing population is the hope and the future of the AFN. Youth have unique perspectives to contribute. Their creativity and originality offer a new and rich source of ideas for tack- ling the social and economic challenges that commonly confront First Nation communities today and dealing with issues that are more particular to this segment of the First Nation population, such as youth suicide.

The role and worth of First Nation youth have been eroded and undermined in modern culture. Prior to colonization, youth had a place in First Nation societies with their own responsibilities, duties and authorities. Young people interacted closely with their leaders and participated in the structures of government. They were men- tored in the traditions of their societies, taught governing practices and protocols. Most of all, youth were respected, cherished and held in regard.

The Commission believes the implementation of the recommendations for structural reform will make the AFN more inclusive of youth and their perspective. They will enable the national organization to respond to issues faced by First Nations’ youth today with greater sensitivity and as a result, more effectively.

“We need to strengthen the Youth Council.” Elaine Johnson, Sudbury Hearing

In addition to these reforms, the Commission concludes that other efforts are required to prepare youth to

assume positions of leadership, not only in the AFN, but in their own First Nations and First Nation organiza- AFN tions. As a result, the Commission strongly urges that, whenever possible, opportunities for enhanced youth participation in AFN structures and activities be created.

“It’s my understanding that Youth Council Representatives are appointed by ESPONSIVE Regional Chiefs… But that is a concern, for youth living in urban centres.” Jocelyn Formosa, Halifax Hearing 4— A R A 4— “There needs to be youth leadership succession plans with proper education and historical awareness.”

Betty Patrick, Prince George Hearing HAP TER C

RECOMMENDATION #20 That members of the Youth Council be recognized as future First Nation leaders, and have the opportunity to observe and participate in AFN political and decision-making processes directly, in 20 order to be counseled, trained and prepared for positions of leadership. And further, that the members of the Youth Council be provided with opportunities to offer their perspectives on how particular issues can be addressed in the long-term. Implementation of this recommendation is dealt with on page 108.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 55 AFN Modifications to AFN Advisory Councils The Commission uncovered tremendous support among First Nations and their citizens for the Elders’, Women’s and Youth Councils to continue. The Councils are acknowledged as important forums in which First Nation citi-

ESPONSIVE zens and constituencies with unique perspectives and interests can gather, share ideas, develop priorities, coalesce around common positions and bring these forward to AFN decision-makers.

4— A R A 4— The Commission concludes that additional smaller reforms should be made in three areas: the composition of the Councils, the term of office and AFN

HAP TER operational support. These reforms are aimed at achieving greater consis- C tency among the Councils and reducing differences in terms of the influence they are able to exercise within the AFN.

RECOMMENDATION #21 RECOMMENDATION #21 • That the AFN AdvisoryThat Councils the AFN be renamedAdvisory asCouncils follows: be the renamed Circle of as Elders, follows: the the Women’s Circle 21 Council, and the Youth Council.of Elders, the Women’s Council, and the Youth Council. • That each of the ten regionsThat eachselect of Council the ten representativesregions select Council through representatives internal regional through mechanisms and processes. internal regional mechanisms and processes. • That each region selectThat both eacha female region and select a male both representativea female and toa malethe Circle representative of Elders toand the Youth Council, and one thefemale Circle representative of Elders and to thethe Women’sYouth Council, Council. and one female representative to the Women’s Council. • That the Circle of Elders and Youth Council appoint two Co-Chairs, one male and one female, to preside over the CircleThat or theCouncil. Circle of Elders and Youth Council appoint two Co- Chairs, one male and one female, to preside over the Circle or • And that each Council member be appointed for a term of not less than one year and not more Council. than four years. ach Council member be appointed for a term of not less Implementation of this recommendation is dealt with on page 108.

Currently, the AFN definition of a youth is someone between the ages of 16 to 29 years. The age limit for the youth category has increased over the past 10 years, due in part to government economic programs and the need for the youth representative who sits on the AFN Executive Committee to be 18 years of age or older, that is, an adult for legal purposes.

The Commission considered the AFN’s definition of and criteria for determining youth. It was noted that a person aged 25 is an adult, for all intents and purposes and many people this age have careers, families and live independent of their parents. A person in their mid-twenties faces different challenges and issues than teenagers. The problems encountered by an employed person in his or her twenties are different from that of a teen. It was also noted that the development of youth councils has led to “professional youths”, that is, people who make a living sitting on a number of youth councils for as long as possible. Todd Curran © , It is the view of the Commission that the present thirteen-year age differ- ence between the youngest and oldest council member is too great and photo: ATBC

56 AFN Renewal Commission Report 2005 should be reconsidered. If the Youth Council is to represent the interests of the young people in First Nation society, the Youth Council should be made up of young people who are connected to and representative of the daily issues and struggles of this segment of society. The recommendation below addresses the issue of the definition of youth in association with Youth Council membership.

RECOMMENDATION #22 • That representatives on the Youth Council be between the ages of 16 and 21 inclusive, 22 with appointments affirmed by the Regions. Implementation of this recommendation is dealt with on page 109.

The Commission believes that its proposals to constitute a new executive structure in the form of the National Council will lead to a more effective, united, responsive and ultimately, a more inclusive AFN. But, the Commission accepts that this may not be enough. It concurs with the view that the Elders’, Women’s and Youth Councils should be provided with equitable access to financial and human resources to sustain their activities and operations, permitting their perspectives to be more effectively taken into account by the AFN. As a result, the Commission proposes that the AFN correct any current perceived inequalities with respect to access to resources.

RECOMMENDATION #23 • That resources be allocated on a fair, equitable and sustained basis to the Circle of Elders, the 23 Women’s Council and the Youth Council to allow these Councils to undertake their mandates and contribute their perspectives to the national organization in an equally effective manner. Implementation of this recommendation is dealt with on page 110.

Issue: Corporate (Administrative) Structures AFN

WHEN THE AFN WAS CREATED in 1982 First Nation leaders chose to keep the existing body, the National Indian Brotherhood (NIB). They made it the AFN’s Secretariat, or administrative arm. The AFN Charter mandates the AFN Secretariat in Article 25 as follows: ESPONSIVE

The Secretariat of the AFN (also known as the National Indian Brotherhood) shall be comprised of the Executive Committee and such administrative, 4— A R A 4— technical and support staff as the Assembly of First Nations may require.

As the AFN’s management arm, the Secretariat’s primary function is to implement decisions of the First HAP TER C Nations-in-Assembly and the Confederacy of Nations. It acts in concert with the AFN Executive fulfilling mandates provided by the main governing body of the AFN, the First Nations-in-Assembly. The Charter also directs the AFN Secretariat to “receive, administer and distribute monies”, which allow the organization to conduct its business and implement decisions.

As a federally incorporated body, the NIB possesses all the legal capacity it requires to carry on business. It may enter into contracts, purchase and dispose of property and enter into other business transactions on behalf of the AFN.

The Commission has previously noted the dual roles of the National Chief and AFN Regional Chiefs as members of the AFN Executive and the NIB Executive Council (a Board of Directors-like structure). Within the cor-

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 57 AFN porate structure of the NIB and pursuant to its by-laws, the National Chief currently serves as the Chair of the NIB Executive Council and the Regional Chiefs serve as the corporation’s Directors. The AFN Executive Council functions, for all intents and purposes, as the corporation’s Board of Directors.

ESPONSIVE NIB by-laws provide for the election of executive officers — a president, a vice-president and secretary/treasurer – at a General Assembly (a meeting of the Executive Council). The AFN National Chief acts as the President of the NIB’s Executive Committee. However, in practice, the office of president is the only executive office to which an individual is elected. It is not currently the NIB (or AFN) practice to elect a vice-president or secre- 4— A R A 4— tary/treasurer. As a result, practice is such that the National Chief is the single executive officer responsible for overseeing the NIB’s and the AFN Secretariat’s day-to-day operations. HAP TER C NIB by-laws also call upon the Executive Council to hire an Executive Director. In the current AFN Secretariat structure, the Executive Director is referred to as the AFN Chief Executive Officer.

As a result of these legal arrangements, the NIB is the legal corporate entity through which the AFN functions. AFN Secretariat staff is employed by the NIB and all contracts and funding agreements are executed by the NIB.

The AFN Secretariat fulfills its Charter-based mandate through both the administrative staff who are led by the Chief Executive Officer (CEO) and through political staff that support the National Chief. The AFN staff report to the CEO, whose role is to manage and direct the administrative side of the Secretariat, or in government terms, the AFN’s public service. The Chief Financial Officer (CFO), at the direction of the CEO, acts as the Secretariat’s internal controller, overseeing finances, office administration, information systems and human resources. Secretariat staff is organized in several departments including administration, research and policy.

Though not currently mandated in either NIB by-laws or the AFN Charter, the Office of the National Chief is managed by a Chief of Staff who oversees the political activities of the AFN. The National Chiefs’ Office is supported by a small political staff of directors and senior advisors who are replaced, in the normal course of events, upon the election of a new National Chief.

Though they are distinct, the National Chief’s Office, as the political wing and the AFN Secretariat, as the operational wing were intended to work together harmoniously and in mutually-supportive ways. A reorganization of the AFN Secretariat in 2004 led to fusion of the political and administrative components within the overall structure of the AFN Secretariat.

As with all other organizational structures that make up the AFN, the Commission received testimony and briefs that addressed the role, status and activities of the AFN Secretariat and the NIB corporation. The Commission convened a focus group on administrative issues that considered managerial, policy and administrative responsibilities. These contributions have helped the Commission discern the essential issues that face the AFN Secretariat and the NIB. The Commission has distilled these issues and developed recommendations to address them.

But first, the Commission wishes to share some of the observations made by presenters at hearings concerning these matters. The Commission is aware that many people believe there is a lack of certainty about what the AFN is and what it does. There is misunderstanding about the respective functions, responsibilities and roles of the AFN Secretariat (the NIB) and the AFN, and the relationship between the two. This confusion, the Commission believes, is rooted in the

58 AFN Renewal Commission Report 2005 fact that the NIB preceded the AFN as the First Nations’ national political organization and subsequently, the NIB was transformed into a corporate entity to serve the AFN. One of the presenters stated:

“The AFN must align its incorporating documents to eliminate dichotomies and ambiguities that exist between the National Indian Brotherhood by-laws and [the AFN] Charter.” Edward Allen, CEO, Nisga’a Lisims Government, Prince George Hearing

The political side of the national organization is obviously the most visible and public part: the National Chief, the Regional Chiefs, the Assemblies and the Confederacy are well-known to First Nations peoples, even if their proceedings are not well-understood. The less visible part, that is the AFN Secretariat or NIB, as the administrative and corporate arm, remains unknown to most First Nations people and is less understood. This concerns the Renewal Commission.

The Commission is also concerned that the AFN Secretariat and staff are left without meaningful direction as a result of the dual and sometimes conflicting rules, reporting and accountability relationships created by the concurrent operation of the AFN Charter and the AFN Secretariat or NIB by-laws. Without clear direction, the staff is left to pick and choose, at its discretion and depending on circumstance, which set of rules to follow. This situation undermines administrative accountability. It is made even worse by another set of rules. These rules are imposed by the federal government through the mechanism of financial contribution agreements and their associated terms and conditions, an issue addressed more fully below.

The Commission has concluded that the AFN’s corporate structure should be amended as part of AFN renewal through supplementary articles of incorporation of the NIB, and application for a corporate name change from the National Indian Brotherhood to the AFN Secretariat. This will correct problems in the internal structure of the NIB; eliminate confusion among leaders and staff as to which rules to follow; and, address the fact the NIB does not enjoy the executive direction of a full set of officers. The amended by-laws of the AFN corporate structure will be entirely consistent with the revised AFN Charter, which is not now the case. The new AFN Secretariat will act as the corporate and administrative structure through which AFN administrative operations,

functions and services will be channeled. This will ensure the retention of the AFN’s charitable status and its AFN United Nations non-governmental organization (NGO) designation. ESPONSIVE RECOMMENDATION #24 • That the National Indian Brotherhood apply for a corporate name change and file supplementary

articles of incorporation consistent with the recommendations of this report. R A 4— • That the National Indian Brotherhood be renamed the Assembly of First Nations Secretariat.

24 HAP TER • That the AFN Secretariat undertake the management and administrative functions of the AFN. C • That the Board of Directors of the AFN Secretariat comprise the ten AFN Regional Chiefs and the AFN National Chief. • That the AFN National Chief serve as the Chairperson of the Board of Directors. • That the Board of Directors appoint executive officers of the corporation and establish committees, as appropriate. Implementation of this recommendation is dealt with on page 111

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 59 AFN The Commission’s proposals for reforming the AFN’s governing and corporate structures include expanding the membership of the AFN’s executive structure (the new National Council) beyond the existing membership of the AFN Executive Committee. The political executive and the AFN’s corporate structure, therefore, will no longer mirror each other with respect to membership. As a result, the Commission anticipates that most of the

ESPONSIVE confusion that has arisen in the past will be eliminated. In particular, it should be clear whether members of the AFN Executive Committee are acting in their political capacity, or in their capacity as a Directors of the Board, administering the operations of the AFN Secretariat.

4— A R A 4— Nonetheless, the Commission believes that because there will continue to be an overlap in the membership of the new Executive – the National Council – and the newly incorporated AFN Secretariat’s Board of Directors

HAP TER recommended above, some potential for a blurring of political and administrative roles and responsibilities C remains. To lessen this possibility even more, clear distinctions should be made between the political and administrative agenda and the business and decision-making requirements of various AFN structures. For example, it is the Commission’s view that the meeting agenda of the new National Council should not include any item that is properly the business of the new AFN Secretariat’s Board of Directors. Similarly, AFN Secretariat’s Board of Directors meetings should not include any political or decision-making matters that are within the mandate of the National Council.

RECOMMENDATION #25 • That the National Council’s agenda and the agenda and business of the AFN Secretariat’s Board of Directors be clearly separated in order to distinguish between political and administrative 25 decision-making and responsibilities. Implementation of this recommendation is dealt with on page 112.

Issue: Accountability

PARTICIPANTS AT THE COMMISSION’S public hearings expressed frustration in dealing with the AFN administration – the AFN Secretariat and staff – and their perception that the AFN, at times, seems distant and unrespon- sive. The basis for this lies in another perception – that AFN staff is unaccountable to First Nations and inattentive to established rules, policies and procedures.

“The AFN is a top-down organization that is short on consultation, communication, guidance, support, respect, and inclusion. It’s become ambivalent to its own Charter, structure and policies.” Chief Gail Shawboniquot, Whitefish Lake First Nation, Sudbury Hearing

First Nation organizations would like stronger links with AFN administration, and better coordination between Secretariat policies, programs and activities and the on-the-ground work of First Nations.

“I suppose the one thing that I would like to put forward at this point is the need for coordination between claims research units and the technical arm of the Assembly of First Nations, or whatever the national organization is, to work on a technical level on issues that affect claims research units and First Nations on claims matters that are national – that have a national perspective.” Ralph Abramson, Treaty and Aboriginal Rights Research Centre, Long Plain Hearing

60 AFN Renewal Commission Report 2005 The Commission agrees with the observation that the First Nations- in-Assembly has marginal formal control over AFN administration. In part, this is a function of the political structure of the organization, which confirms the AFN Executive as providing managerial oversight to administrative operations. In part, it is a function of the AFN’s corporate structure which, as a result of the creation of the NIB, creates an unintended buffer between the AFN Secretariat and the AFN’s political structures and members.

Simply put, the accountability relationship between the AFN and First Nations has been seriously harmed by the lack of stronger links between the AFN’s political structures and its corporate arm, and by the lack of consistent and authoritative rules or political direction to guide this relationship.

This accountability issue and the associated tensions that permeate the organization, are also a result of the AFN’s funding agreements with the federal government. The AFN’s administration is undermined by the fiscal relationship with Canada - most notably the Department of Indian Affairs - which is defined almost exclusively by the bureaucratic standards of the federal government. Day-to-day operations and the specific tasks and activities of individual staff are carried out with greater attention to contribution agreement terms and conditions, than the political direction that has been provided by the First Nations-in-Assembly through resolutions, by the National Chief, and AFN Regional Chiefs, acting in their various capacities as members of the AFN Executive, as portfolio holders and as the Chairs of Chiefs Committees.

The Commission concludes that a solution to the issue of AFN accountability to First Nations lies in a revised set of articles of incorporation and corporate bylaws that are consistent with the new proposed AFN Charter; and, in addressing the financial relationship between the AFN and Canada, an issue that is addressed in the next section of the report.

Issue: Funding Arrangements AFN

WITH RESPECT TO its finances and administration, the AFN has been historically reliant on funding that is negoti- ated with and provided annually by Canada. Regardless of its source, all funding is received by the NIB, on behalf of the AFN. By and large, the AFN subsists on monies provided by the federal government. The AFN ESPONSIVE receives an annual grant for operations and maintenance. It negotiates, annually, a number of contribution agreements that enable the AFN Secretariat to undertake a range of activities including research, policy development, consultation and communications. Contribution agreements between the NIB and federal departments 4— A R A 4— such as Indian and Northern Affairs, Canadian Heritage, Human Resources and Social Development Canada, Indian Residential Schools Resolution of Canada, Health Canada and Fisheries and Oceans enable the AFN to

pursue its political and administrative agendas on behalf of First Nations. HAP TER C

The terms and conditions of the AFN’s funding arrangements often get in the way of the organization’s ability to fulfil its mandate in an unconflicted way and in a manner that is both consistent and predictable. The source of this conflict is the very brief 12-month funding cycle and the specific terms and conditions of contribution agreements entered into between the NIB and various federal funding agencies. As all First Nations are aware, annual contribution agreements seriously interfere with long-term planning and can destroy initiatives that must be financed over several years to be successful. And sometimes what is even worse is that federally-funded projects may meet Canada’s objectives, priorities and interests, but not the specific needs of the AFN and its member First Nations.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 61 AFN Heavy reliance on a single funding source increases the organization’s fragility, destabilizes it and reduces its effectiveness as the national representative of First Nations. As AFN experience has shown, the fear of reprisal is well founded: more than once in its history has the AFN experienced funding reductions when it has been openly critical of or in opposition to government policies or initiatives. ESPONSIVE Many of the presenters addressed the issue of the AFN’s financial dependency on Canada and called for change in this regard.

4— A R A 4— “We must begin the process of ridding ourselves of dependence and the only way we can do that is if you honestly look at how you’re going to be financed

HAP TER independently.” C Chief Terrance Nelson, Roseau River First Nation, Long Plain Hearing

In commenting on the AFN’s fiscal dependency on the federal government and the need for new arrangements, John Snow Sr. made the following observations at the Traditional Leaders Gathering:

“So with the money we’re manipulated by the Minister of Indian Affairs and by the Government of Canada. So what we should be looking at is the relationship between the government and AFN. We should have some kind of a transfer funding, guaranteed funding each year with an increase of so much every year.” John Snow Sr., Traditional Leaders Gathering

Participants commented on the need for the AFN to find and secure alternative sources of funding and to reduce the historic fiscal dependency on the federal government.

“What can the AFN do to improve its representation of First Nations and their citizens? Find other sources of funding for the AFN such as resource revenue sharing and not by means of taxing our own people.” Chief Morris Shannacappo, Rolling River First Nation and Chairman of West Region Tribal Council, Long Plain Hearing

“In terms of the issue of funding for the AFN, for our regional and local governments, we have to get into our own fundraising regime… to access funding other than from the federal and provincial governments. I think the federal and provincial governments are a start in terms of accessing funding, but we have to become much more creative in terms of how we raise our own dollars and cents.” Chief Clifford White, Traditional Leaders Gathering

Until the AFN achieves a greater degree of financial independence, many presenters believe that its political effectiveness will be limited.

On a related topic, the Commission received submissions that indicate a need to address the competition for funding among the AFN, First Nations organizations and First Nation communities. Some presenters suggested that federal funding should entirely bypass the AFN and go directly to First Nations. Others stated that funds received by the AFN should be distributed to the regions for the purposes of program and service delivery. The Commission acknowledges these perspectives and concludes that the financial relationship between Canada, the AFN and the First Nations requires a fundamental realignment.

62 AFN Renewal Commission Report 2005 The Commission asserts that as a significant element of AFN Renewal and under the principles and processes of the First Nations-Federal Crown Political Accord signed with Canada in May 2005, the AFN should investigate the development of a multi-year financial agreement that allows the AFN to: fulfill its national responsibilities and obligations to First Nations; sustain and stabilize its administrative operations and structures; and, undertake multi-year research, development planning, policy creation and other initiatives defined by the AFN.

These discussions should also be aimed at developing solutions that can diffuse the competitive climate, real or not and divisiveness that has been created by federal funding practices. Additionally, the Commission urges the renewed AFN to explore and develop alternative funding sources to the federal government.

RECOMMENDATION #26 • That the Assembly of First Nations develop a new fiscal relationship with Canada that is based 26 on stable multi-year financial transfers, and that is consistent with the AFN’s mandate to support First Nations as they strive to regain self-determination and self-reliance. • And that the AFN investigate, consider and develop revenue sources other than government transfers. Implementation of this recommendation is dealt with on page 112.

Issue: Regulatory Structures

IN ADDITION TO REFORMING the AFN’s existing political, administrative and policy structures, the Renewal Commission proposes the creation of two new Charter-mandated regulatory structures that will be primarily accountable to the main governing body, the First Nations-in-Assembly. AFN Office of the Auditor General AFN structures that conform to the principles of accountability, responsibility and transparency were frequently mentioned during the Commission’s public hearings. In order to address concerns, the Commission proposes creation of the Office of the Auditor General. The AFN Auditor General will be independent of and operate at ESPONSIVE arms-length from the AFN Executive, the AFN Secretariat and the National Chief’s Office.

The Commission suggests that the Auditor General will significantly increase accountability of the AFN 4— A R A 4— Secretariat to the First Nations. It will also, the Commission believes, allow the AFN to address the accountability gap that now exists between the AFN and various newly-developing national institutions that purport to act

on behalf of all First Nations in Canada, whose creation the AFN has formally supported, but who appear HAP TER C accountable mainly to Canada and seldom if every report back to Chiefs in Assembly.

The powers of the Auditor General will include monitoring, investigating, reviewing and recommending sanctions. The Auditor General will provide information and advice and will report to the First Nations-in-Assembly. The office will be responsible for monitoring AFN Secretariat implementation of AFN mandates, resolutions and policies in accordance with the direction provided through the First Nations-in-Assembly and Executive structures. It will have the power to audit AFN Secretariat operations and management performance tests based upon AFN’s governance structure.

At present, the AFN has no accountability relationship with First Nation institutions and publicly-appointed bodies that have a national mandate to serve First Nations and rely upon the formal support and blessing of the

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 63 AFN AFN. When these institutions or bodies request support from the AFN they will in the future automatically, and as a condition of AFN support, be made subject to the Auditor General’s investigative powers and authority. AFN Resolutions supporting such institutions will include a mandatory reporting requirement to the Auditor General. Institutions receiving funding as a condition of AFN support will be required to fulfill this obligation. ESPONSIVE The Auditor General will be given the authority to monitor and report on the operations of First Nation institutions that have been supported and given legitimacy by the First Nations-in-Assembly. Specific reporting requirements should be established by the Auditor General. In the event of non-compliance, that is, a refusal to consent 4— A R A 4— to an investigation, or where an investigation determines the institution has been mismanaged, the Auditor General will have the authority to impose or recommend sanctions, such as formal withdrawal of publicly-stated

HAP TER support for the institution by the First Nations-in-Assembly. C

Additionally, the Commission believes that in order to ensure compliance with the undertakings of the National Chief and Regional Chief, the Auditor General will have the authority to monitor and report on any matter related to the Code of Conduct, the Oath of Office and the Conflict of Interest Declaration. In this regard, the Auditor General will have the authority to investigate, draw conclusions and make recommendations to the First Nations-in-Assembly.

The National Council should nominate a candidate of high moral character and integrity and with appropriate academic credentials and professional experience, to fill the position of Auditor General. Such nomination will be put before the First Nations-in-Assembly for approval and appointment for a term to be determined by the First Nations.

With respect to the audit process, the Auditor General should draw upon a roster of experts to conduct investigations and reviews. Such list should be previously developed and approved by the First Nations-in-Assembly. After receiving a request for an investigation, the Auditor General will have 30 days to establish a board comprised of up to five experts selected from the roster to investigate the complaint. The board will have 90 days to complete an investigation and prepare a report for the Auditor General.

RECOMMENDATION #27 That, on the recommendation of the National Council, the First Nations-in-Assembly establish the AFN Office of the Auditor General and appoint an Auditor General. 27 Implementation of this recommendation is dealt with on page 113.

AFN Chief Electoral Officer To support the Commission’s recommendation to institute a universal vote for the Office of National Chief and for Regions that choose to adopt a universal vote to select their Regional Chief, the Commission concludes that the AFN Charter should create the position of and include a mandate for an AFN Chief Electoral Officer.

RECOMMENDATION #28 That, on the recommendation of the National Council, the First Nations-in-Assembly appoint an AFN Chief Electoral Officer. 28 Implementation of this recommendation is dealt with on page 114.

64 AFN Renewal Commission Report 2005 Chapter 5 A Respected and Effective AFN: Renewing AFN Procedures

Introduction ith or without the structural reforms the Renewal Commission has proposed in Chapter 4, the Assembly of First Nations will not be able Wto increase responsiveness to First Nations and their citizens, be respected and respectful, and improve its overall effectiveness if AFN Assemblies, policy processes and communications are deficient, inefficient or unproductive.

The Commission’s vision of AFN Renewal sees the AFN as an organization that responds to its members and is sensitive to the many perspectives, interests and priorities that seek a home and representation within it. It is through implementation of the structural reforms proposed in the previous chapter and procedural reforms recommended in this one, that the AFN will become the RESPECTED and EFFECTIVE organization that First Nations told the Commission they want it to be.

The Commission is proposing a number of changes to AFN procedures in this chapter. These encompass specific reforms to AFN Assembly procedure and conduct and are intended to give definition, strength and more per- AFN manency to its conflict resolution and policy development processes.

Accordingly, this chapter is organized in three sections that address: FFECTIVE

AFN procedures; E conflict management and resolution; and the policy process.

While the recommendations concerning AFN procedural reform are set out in this chapter, the reader is

also referred to the appendices that form an important part of this report. The appendices contain more detail ESPECTED AN D with respect to the proposals and recommendations made by the Commission. These include the Glossary (Appendix D), revised AFN Charter provisions (Appendix E), Code of Conduct (Appendix F), Oaths of Office

(Appendix G), Conflict of Interest Declaration (Appendix H) and Assembly Rules of Procedure (Appendix I). 5 — A R HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 65 AFN Creating a Climate of Respect BEFORE TURNING TO SPECIFIC procedural reforms, the Commission wishes to reflect on an important theme

FFECTIVE that runs through the report. This concerns the AFN as a respectful organization that can in turn carry the E respect and honour of First Nations and their citizens in national and international forums. To be respected in external environments, the AFN should first be able say that its internal operations and the way it is viewed by its members are tuned to a culture of respect.

Presenters to the Renewal Commission noted a decline in the atmosphere, climate and tone of AFN Assemblies ESPECTED AN D over the years. This is of great concern to the Commission. It is an issue which the Commission has grappled with in its deliberations and in the development of recommendations for change. This type of change is basic and complex: it is about people and attitudes and behaviour. 5 — A R

Accordingly, the Commission wishes to remind readers of one of this Report’s first recommendations: that a

HAP TER First Nation be reaffirmed, adopted and embraced by all First Nations, their citizens and

C Statement of Values their organizations. It is through the Assemblies and other gatherings that the good intentions that the Commission anticipates will be reflected in the Statement of Values that will either be transformed into action, or simply remain words on paper. It is the Commission’s intent that the Statement of Values will provide true guidance to the AFN in all its relations, in our Treaty Among Ourselves and create a positive environment at Assemblies where First Nation values are actively expressed.

Recommendations contained in Chapter 2 also call upon the Circle of Elders to provide direction on expectations concerning participants’ conduct at Assemblies and compliance with the Statement of Values as part of their address to the Assembly during opening ceremonies. During Assemblies, the Circle of Elders will have responsibility to monitor and take action to ensure the overall conduct of Assemblies and of individual participants at these is consistent with the Statement of Values.

The Commission acknowledges the significant role and responsibility that it asks the Elders to bear to assist and guide the AFN, the First Nations and their citizens toward a more respectful AFN environment. In this chapter the Commission also calls upon the Circle of Elders to manage and diffuse disputes as they arise, through a conflict resolution process. This process will, the Commission believes, need to be attuned to the Statement of Values.

At the same time, the Commission calls upon delegates to the Assemblies to also take responsibility and regulate their behaviour in accordance with AFN standards and expectations regarding respectful conduct.

RECOMMENDATION #29 • That, when registering at an AFN Assembly, delegates agree to follow an Assembly Code of Conduct that states they shall demonstrate respectful behaviour and cooperate in accomplishing the work of the Assembly and the AFN. 29 • And further, that the Code of Conduct be developed by the Circle of Elders, and include provisions that call upon delegates to adhere to a framework that promotes inter-First Nation relationships at the national level. Implementation of this recommendation is dealt with on page 114.

The Commission’s attention now turns to the specific procedural reforms that, if implemented together with the recommendations concerning First Nation values, will return the AFN to its rightful place, as a responsive, respected and effective national organization representing First Nations and their citizens.

66 AFN Renewal Commission Report 2005 AFN Assemblies and Assembly Procedures IN APRIL 2005, the Renewal Commission tabled an Interim Report setting out proposed changes to Assembly processes. The intention was that the interim recommendations would be implemented at the July 2005 Annual General Assembly in Yellowknife, through Article 10 of the AFN Charter, which provides that the First Nations- in-Assembly may adopt their own rules of procedure. Many of the recommendations made in the interim report have been incorporated into this part of the Commission’s final report.

In the longer term, the vision of AFN Renewal cannot be realized if those who participate in Assemblies, including the Speaker, do not understand and comply with the AFN Charter and established rules of procedure that guide AFN Annual General and Special Assemblies. This was noted repeatedly by presenters, who recognize that many significant challenges facing the AFN find their source in the way in which the AFN and First Nations-in- Assembly conduct business:

“The AFN must abide by its Charter and Assembly Rules of Procedure to move towards its orderly completion of its business, and if this cannot be done, the AFN Renewal Commission must incorporate procedures and amendments to the AFN Charter that are similar to those of other Indian organizations that have [had] success in completing their business in their assemblies.” Edmond Wright, Nisga’a Lisims Government, Prince George Hearing

The Commission agrees with much of the testimony regarding procedures it heard at the hearings and focus group sessions. As a result, it recommends that the AFN adopt a clear set of rules addressing procedural issues such as registration, quorum, agenda, motions and resolutions, decision-making, voting, recording proceedings and the role of the Speaker.

Additionally, AFN procedures should be amended to create an inclusive environment by ensuring French and English language translation services are available to all delegates. At the same time, the Commission notes for emphasis, it has already proposed in Recommendation #4 that “whenever possible, the Assembly of First Nations use and promote the use of First Nation languages at its Assemblies”.

The Commission’s proposals are reflected in the Rules of Procedure that it suggests form an appendix to the AFN Charter. At this time, the Commission does wish to address a few selected issues in more detail: AFN strategic planning for a national First Nation agenda; setting the Assembly agenda; FFECTIVE

quorum; E participation in Assemblies by Chiefs, Proxy Holders, Participatory Representatives and others; resolutions, decision-making and voting;

Assembly Speaker; and, ESPECTED AN D use of French and English. 5 — A R HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 67 AFN Issue: Strategic Planning for a National First Nations Agenda

THE AFN IS LOOKED TO by First Nations and others, including the federal government, for direction on issues and

FFECTIVE topics that impact First Nations as a whole. By and large, the history of the AFN has been one of rising to this E great challenge. It has responded fairly, accurately and passionately to specific, often isolated national issues - issues that are of vital interest to First Nations and their citizens.

As effective as the AFN has been, an increasingly greater challenge is the need to identify, in a coherent and integrated manner, a national First Nations agenda that encompasses issues and priorities defined by and relevant to ESPECTED AN D First Nations. The development of such an agenda is vital to the success of the national organization in the future. Rather than allowing the national First Nation agenda to drift toward separate silos of activity, which are sometimes contradictory, the AFN’s strategic agenda should be pursued through integrated goals, policies, pro- 5 — A R grams and initiatives. It should incorporate institutional development at regional and national levels, in order to leverage the potential for social and economic change offered through greater cooperation at these levels. HAP TER C “So there should be a five-to-ten-year plan, like a government operation, the same type of system, they’re already planning for us for ten years what is going to happen, five years what’s going to happen. It’s not based on the term of the Grand Chief or the National Chief. I don’t think it should be based upon that. And the priorities could be better supported across all First Nations.” Councillor John McKay, Fisher River Cree First Nations, Long Plain Hearing

“The AFN must be able to ensure that the process of setting national agendas is consistent.” Jessica Hill, Oneida Nation of the Thames, Montreal Hearing

“I participated in a couple of AFN and AFNQL meetings and the Confederacy and I looked at the agendas and I always had the impression that we’re playing the government’s game. We have no native political agenda.” Guy Bellefleur, Mamit Innuat First Nation, Sept-Iles Hearing

The Commission concluded that there is a need for an integrated, strategic national First Nation agenda. A national First Nation agenda should emerge from and be defined by the First Nations-in-Assembly. The next sections consider different aspects of this issue.

Issue: Setting the Assembly Agenda

THE MEETING AGENDA is a road map. It enables meeting participants to progress together in an orderly manner through a series of items requiring decision, debate or active consideration. Some of the problems associated with Assembly agendas have been noted in previous reviews of the AFN and also were highlighted by presenters. These include: agendas are not prepared and communicated in a timely manner and do not provide First Nations and First Nation organizations with sufficient time to prepare and consider positions that may be brought forward; agendas are not prepared in a manner that provides First Nations with an opportunity to have input into them; and agenda items are broad rather than focused on more specific resolutions, motions and decision-making requirements.

68 AFN Renewal Commission Report 2005 As stated by Chief Steven Wilson:

“The last time I attended a meeting was in Vancouver… The majority of the first day was spent on deciding on what the agenda was going to be… When we have meetings the agenda should be policy-related and it should be set before the meeting date by the respective vice-chiefs after consultation with the Regional Chiefs.” Chief Steven Wilson, Kitamaat Village Council, Kamloops Hearing

The Commission acknowledges that the AFN currently struggles with the issue of the Assembly agenda. It recognizes that Assemblies are frequently overwhelmed by local or regional issues and concerns. Also, a great deal of Assembly time can be consumed with the delivery of program reports, policy presentations and political speeches. All this is to the detriment of agenda items with a national profile and significance. It results in an AFN that finds it difficult to establish and execute national mandates and policies.

This speaks to one of the over-riding problems for the AFN: by its nature and possibly because of the way First Nations issues are addressed, the organization is reactive rather than active and strategic. Regionally-based adversarial relationships within the organization continue to feed this response and to emphasize “reaction” as one of the AFN’s defining characteristics. In other words, the AFN has not captured the agenda but has been captured by the agenda.

As a way to address issues surrounding the setting of the agenda, the Commission suggests that, as a matter of practice, the AFN should confirm the dates and the agenda for its General and Special Assemblies well in advance. Sufficient time should be provided to allow First Nations, First Nation organizations and others to prepare for Assemblies. Assembly agendas should focus on decision-making and debate. Delivery of program reports, policy updates, speeches and addresses by AFN, First Nation, federal and other political leaders and officials should be kept to a minimum. The Assembly Speaker should vigilantly control the floor, actively intervening when there is a digression from the agenda, when participants who have the floor speak beyond their allocated time, or when participants engage in what amounts to political grandstanding.

Information on an Assembly’s theme, agenda and documentation that is to be distributed in association with the Assembly should be provided ahead of time and the information should be clearly identified as to its date and source. AFN Standing Rules of Procedure for Assemblies and the Glossary should be included in packages distributed in advance of Assemblies.

RECOMMENDATION #30 AFN • That the Assembly of First Nations confirm specific dates each year for the Annual General Assembly. 30 • That all Assembly material, including the AFN Standing Rules of Procedures for Assemblies and the FFECTIVE

AFN Glossary, be sent to each First Nation community 30 days prior to the date of the Assembly. E • And that all Assembly documents clearly identify the date, draft number and author. Implementation of this recommendation is dealt with on page 115.

At Assemblies, the agenda and the corresponding timelines should be rigorously followed in order to provide ESPECTED AN D delegates with a predictable and productive format. 5 — A R RECOMMENDATION #31

A M • The Speaker of the Assembly must commence an Assembly at 9:00 . . with an opening ceremony HAP TER C 31 and carry out the Assembly agenda in accordance with established timelines. Implementation of this recommendation is dealt with on page 115.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 69 AFN Issue: Quorum

RULES GOVERNING QUORUM for General and Special Assemblies are set out

FFECTIVE in the AFN Rules of Procedure. Quorum of an Annual General Assembly E or Special Assembly is defined as a simple majority of Assembly Delegates who have registered at the Assembly. Current practice is such that Assemblies begin with the establishment of the Assembly’s quorum based on a majority of officially registered delegates. This number is recorded and used throughout the Assembly as the definition of quorum. A quorum ESPECTED AN D must exist before decisions can be made.

The Commission heard from presenters about the perceived inconsistencies 5 — A R and ambiguities surrounding Assembly quorum and its impacts on the capacity of the AFN to vote and make decisions with confidence. Edward

HAP TER Allen, CEO of Nisga’a Lisims Government, described the issue in the C following terms:

“One of the other rules that needs to be looked at is the inconsistent articles and rules for meetings. Article 9 Quorum of an Annual provides that when all efforts at achieving a consensus have General Assembly been exhausted without success, a positive vote of 60 percent of the Chiefs and proxy First Nation representatives or Special Assembly is in attendance shall be sufficient to constitute a decision. So 60 percent of the people in that room can make a defined as a simple decision. Yet Section 21 of the Rules of Procedure provides that a quorum for a regular annual session will be a simple majority of Assembly majority of registered representatives at the session. So the idea is that one rule is saying 60 percent of the Delegates who have people in the room can make a decision. The other rule is saying we calculate quorum based on the number of people registered at the Assembly. actually there compared to earlier registrations.” Edward Allen, CEO, Nisga’a Lisims Government, Prince George Hearing

The Commission concludes that the issue of quorum impairs the AFN’s ability to set national direction and brings the legitimacy of AFN decisions and resolutions into question. Given the difficulty in sustaining quorum, especially for three-day Assemblies, there is a need to amend the AFN Rules of Procedure concerning this matter.

ECOMMENDATION R R#32ECOMMENDATION #32 • That for the purposes of starting an AFN Assembly, 50 per cent plus one of registered 32 Assembly Delegates (Chiefs and Proxy Holders) must be seated in the designated seating area to commence Assembly opening ceremonies and accept the agenda. Implementation of this recommendation is dealt with on page 116.

70 AFN Renewal Commission Report 2005 Issue: Participation in AFN Assemblies The Commission heard and considered the views, perspectives and ideas that were shared with it concerning the matter of participation at Assemblies. Two issues in particular were drawn to the Commission’s attention and are addressed in this section. These are the issues of who can participate in Assemblies and the participation rights of Proxy Holders and the representatives of other First Nation organizations.

Assembly Delegate: Chief or Proxy Holder The Commission proposes that an AFN Assembly Delegate is the Chief of a First Nation or a Proxy Holder authorized by a First Nation when its Chief does not attend an Assembly.

Currently, rules governing Assemblies provide that each member of the First Nations-in-Assembly is entitled to one vote on questions submitted from the floor of the Assembly. When a First Nation is unable to have the Chief attend an Assembly it may assign its rights and privileges to a Proxy Holder.

From time to time confusion arises as to who is representing a First Nation as an Assembly Delegate at a particular AFN Assembly and whether this is a Chief or a Proxy Holder. Also, current rules do not make clear whether a Proxy Holder also has the right to move or second resolutions, or to address the Assembly by speaking to specific issues and agenda items. Some concerns were expressed to the Commission that persons carrying proxies often are not from the same region as the First Nation on whose behalf the proxy is exercised.

The Commission has considered the above issues and wishes to advance some recommendations for adjustment to Assembly procedures and practices. The AFN already maintains a list of First Nation Chiefs. To eliminate confusion concerning a First Nation’s Assembly Delegate, this list should be as current as possible at the time of an Assembly and available at Assemblies. AFN Regional Chiefs should review the Chiefs list immediately prior to the Assembly to ensure its accuracy, expedite the registration process and resolve disputes over First Nation representation.

With respect to rights of participation, the Commission concludes that, as an Assembly Delegate, a Proxy Holder should be able to participate in all aspects of the Assembly, including moving and seconding resolutions, addressing the Assembly and voting on behalf of the First Nation. In other words, a Proxy Holder, as an Assembly Delegate, should be able to exercise the same rights and privileges of participation in an Assembly as a Chief. AFN Finally, the Commission agrees with presenters that in those circumstances where a proxy has been granted by a First Nation, the person assigned the proxy should be from the same AFN Region as the First Nation authorizing the proxy. FFECTIVE E ESPECTED AN D 5 — A R HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 71 AFN RECOMMENDATION #33 • That AFN Standing Rules of Procedure for Assemblies provide that when a Chief does not attend FFECTIVE E an Assembly: - a proxy may be given to a person who is a member of a First Nation in 33 the same Region as the First Nation authorizing the proxy; - a Proxy Holder cannot transfer or delegate their proxy to another person; and - a Proxy Holder may move or second a motion, speak to a motion, and vote

ESPECTED AN D at the Assembly for which the proxy has been granted, to the extent of the authorization. • That a Proxy Holder must be authorized in writing by the First Nation. 5 — A R • That a Proxy Holder must be 18 years of age or older. HAP TER

C • And that a proxy may be issued to, but is not restricted to, a First Nation councillor, an hereditary Chief, a traditional leader, the leader of an aggregated First Nation government, or a Treaty organization. Implementation of this recommendation is dealt with on page 116.

Participatory Representatives: Representatives of Other First Nation Organizations Other First Nation stakeholders, including tribal councils, political and territorial organizations, Treaty representatives and urban groups now attend and in some cases, contribute indirectly to AFN decision-making. AFN procedures are such that they must do so through informal means such as lobbying and advocacy. Assembly procedure provides that only First Nations, as members of the First Nations-in-Assembly, may introduce motions, participate in debate and discussion and vote.

Though the Commission heard testimony to open AFN decision-making to a broader First Nation constituency, at this time the Commission is not recommending specific changes to the structure of the First Nations-in-Assembly or to the AFN membership. The Commission endorses the view that the essential unit of AFN membership is the First Nation. Accordingly, the right to participate directly in Assembly decision-making by making motions and exercising the right to vote should continue to be reserved to the individual First Nation members and exercised through their Assembly Delegate, that is, the Chief or Proxy Holder.

However, the Commission believes that as part of AFN Renewal it is important to formalize opportunities for others to influence the AFN decision-making process. The Commission previously recommended that protocols entered into with other First Nation organizations should identify ways by which the representatives of these organizations may participate in AFN decision-making, including but not limited to Assemblies. The Commission wishes to add to the previous recommendation with a more specific recommendation about participation at Assemblies through the creation of a new category of Assembly participant, the “Participatory Representative”.

RECOMMENDATION #34 • That First Nations women’s organizations, Treaty groups, Native Friendship Centres, and other First Nation organizations may attend AFN Assemblies as Participatory Representatives, and speak on specific issues, in accordance with the terms of written protocols between each organization 34 and the AFN. Implementation of this recommendation is dealt with on page 117.

72 AFN Renewal Commission Report 2005 The Commission does not anticipate that the AFN will enter into protocols with tribal councils and provincial or territorial organizations, as these already have a representational function and role in respect of First Nations, that is, those who are AFN members already. Regardless, the Commission concludes that Assemblies and Assembly procedure should provide more formal mechanisms for input and influence on the part of these important political and service delivery organizations.

RECOMMENDATION #35 • That the political leaders of tribal councils and provincial or territorial organizations may attend AFN 35 Assemblies as Participatory Representatives, and have the privilege of addressing an Assembly on specific agenda items, but do not have the right to vote. Political Leaders cannot proxy their standing as a Participatory Representative to any other person. Implementation of this recommendation is dealt with on page 117.

In addition, other recommendations set out in the next section, which call upon the AFN to give National Policy Forums greater permanency, will help make the AFN’s decision-making, in its broadest scope, more inclusive and responsive.

Issue: Resolutions, Decision-Making and Voting A primary function of the First Nations-in-Assembly and the Confederacy of Nations is to serve as national forums that establish the AFN’s mandate and give direction to the AFN on a wide range of national and international priorities and issues. Resolutions are the main method by which these forums provide direction to the AFN Executive, including the National Chief and Executive Committee. The primary instrument for recording an AFN decision made by the Chiefs is the resolution. Decision-making is either by consensus or a vote.

Resolutions At Commission hearings and focus groups, presenters spoke of the pressing need to review and clarify the decision-making process at Assemblies.

“Resolutions should be reviewed and discussed at the regional provincial organizations, then at the Confederacy, before they proceed to the general AFN assemblies. Also, it would be advisable to require interest groups, before proceeding to the AFN Chiefs-in-Assembly to have their presentations vetted through their Region where their interest groups are situated. FFECTIVE

This would create a more structured approach.” E Vern Acoose, Federation of Saskatchewan Indian Nations, Fort Qu’Appelle Hearing

Some presenters questioned the validity and effectiveness of AFN resolutions. ESPECTED AN D

“I think in-depth analysis (is required) as to whether those are valid resolutions that are passed.”

Chief Tom Bressette, representing the London District Chiefs Council, 5 — A R Toronto Hearing HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 73 AFN The implementation of resolutions also is seen as a problem. The AFN Executive Committee and AFN Secretariat have responsibility to implement resolutions and act according to the political direction provided by

FFECTIVE them. However, direction provided by the AFN Executive may be unclear E to staff, or even not followed, as a result of the inherent conflict facing staff attempting to comply with resolutions that may be at odds with terms and conditions associated with financial contribution agreements, as described in the previous chapter. ESPECTED AN D “Resolutions get passed all the time and the AFN doesn’t necessarily follow them, the mandate or the direction that comes from resolutions.” 5 — A R Louisa Constant, Manitoba Keewatinook Ininew Okimowin, Administrative Issues Focus Group HAP TER C Not only are the lack of rules on resolutions and their legitimacy issues, but a significant challenge is modification of authorized resolutions at subsequent Assemblies. In some instances, resolutions passed at one Assembly are modified or even nullified at a subsequent Assembly, or by the Confederacy of Nations. Resolutions passed by the First Nations-in- Assembly and the Confederacy of Nations are frequently inconsistent or in open conflict.

A related destabilizing influence is the geographical location of AFN meetings. When a meeting is dominated by First Nations from the region in which the Assembly is held, a region or a group of First Nations is able to press forward its own particular issues, priorities or agenda, against the national First Nation interest, often undermining or reversing decisions made at previous Assemblies in other parts of the country.

First Nations familiar with AFN structures and procedures are acutely aware of this problem. Numerous presenters to the Commission spoke about this phenomenon and the harmful impacts it has on the AFN’s ability to pursue a national First Nation agenda.

“I think one of the problems is that… it’s a national meeting and we’re dealing with regional issues. We need to separate the regional issues from the national issues. You know, there needs to be a way to channel information from our different provinces, as Chiefs, to the national level and deal with those things separately, because there are big national issues happening and a lot of times we’re wasting our time on regional issues that could be dealt with in the Regions. So there needs to be more structure and protocol.” Chief Garry Swampy, Sagkeeng First Nation, Long Plain Hearing

74 AFN Renewal Commission Report 2005 The need for resolutions to have a national rather than a regional outlook was echoed at the Traditional Leaders Gathering.

“Another thing is that they have too many resolutions at AFN with individuals taking their resolutions to AFN for support when those should have been done at the regional level.” Jean Courchene, Traditional Leaders Gathering

As a response to what it heard during the hearings and focus group sessions, the Commission believes that AFN Renewal must attend to and resolve the issue of resolutions, including their introduction, adoption, amendment and implementation. There is a pressing need to strengthen the resolutions process to ensure that it supports a national First Nation agenda and is efficient to the extent it reduces the possibility for co-existing but conflicting resolutions.

The Commission concludes there is a need to develop clear and standardized procedures for the tabling and adoption of resolutions. More careful consideration is required of the resource implications and the ability of the AFN to carry through and implement direction and activities called for in the resolutions. Appendix I sets out the Commission’s recommended AFN Standing Rules of Procedure for Assemblies, which include the manner in which Assembly Delegates should consider motions and resolutions.

RECOMMENDATION #36 That the First Nations-in-Assembly adopt the Assembly of First Nations Standing Rules of Procedure 36 for Assemblies as set out in Appendix I. Implementation of this recommendation is dealt with on page 118.

Consensus-Building At AFN Assemblies, an attempt is made to come to a decision first by consensus and if this cannot be achieved, by vote. The Consensus-Building Process that is described in the AFN Standing Rules of Procedure for Assemblies and set out in the diagram below, should be followed by the Assembly and enforced by Speakers.

If a resolution is not accepted as proposed, amendments will be proposed through the Consensus-Building Process. The Consensus-Building Process should involve one of the Speakers, the Mover or Seconder, as well as AFN up to two Dissenters. Each of these individuals is entitled to request the presence of their Regional Chief and Elders to assist in building consensus. The role of the Elders is to mediate, facilitate and attempt to accommodate divergent positions that will lead to a decision that fulfills the consensus requirements. FFECTIVE E If, however, consensus cannot be reached within the prescribed procedures and time frame, the Speaker should intervene and exercise the authority to call a vote. ESPECTED AN D 5 — A R HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 75 AFN Consensus-Building Process for Resolutions FFECTIVE E Four Stages of the Consensus-Building Process for Successful Resolution ESPECTED AN D 5 — A R HAP TER C

76 AFN Renewal Commission Report 2005 RECOMMENDATION #37 • That every attempt be made at AFN Assemblies to reach decisions by consensus. And further 37 that the Consensus-Building Process be exhausted before a vote is called by the Speaker. Implementation of this recommendation is dealt with on page 118.

Voting The Speaker will move a resolution to a vote when the Consensus-Building Process yields no decision. At this time there will be no further discussion or debate. In order for a resolution to carry it must be approved by a simple majority of those with voting rights who are in the designated seating area at the time a vote is called, so long as at least ten per cent of AFN members have an Assembly Delegate (a Chief or Proxy Holder) in this area.

In order to facilitate the voting process and to ensure that the Speaker can clearly identify delegates with voting rights, an area should be reserved exclusively for Chiefs and Proxy Holders. This area should also be open to Elders, to enable them to fulfill their roles and responsibilities in relation to consensus-building and conflict management and resolution processes. Security staff should ensure all others in attendance at the Assembly are seated in a separate section called the gallery.

RECOMMENDATION #38 • That a motion or resolution will be carried by a simple majority of those who have voting rights and 38 are seated in the designated seating area at the time a vote is called, provided that the number of delegates does not fall below ten per cent of the total membership of the Assembly of First Nations. • That a designated seating area be established at AFN Assemblies in which only Chiefs and Proxy Holders may be seated. • That all others in attendance at an Assembly be seated in separate section called the gallery. Implementation of this recommendation is dealt with on page 119.

Issue: The Assembly Speaker AFN THE COMMISSION ACKNOWLEDGES that the task of an Assembly Speaker is difficult: maintaining order and quorum, enabling debate, interpreting discussion, discord and consensus and ensuring rules, protocols and a level of decorum are observed during Assemblies represents a substantial challenge for any individual. FFECTIVE E The Commission believes that Assembly proceedings could be greatly improved if led and managed by trained, qualified Speakers. The current practice of choosing Speakers does not always guarantee that those selected have the capacity, experience and training to manage effectively and efficiently a meeting as large as an AFN Assembly. ESPECTED AN D

The National Chief, with input from the Executive, ultimately has the authority to appoint individuals as Assembly Speakers. Speakers for an Assembly should be retained at least two months prior to the Assembly.

A clear understanding should be reached among the Speaker, the Assembly’s Coordinating Committee and 5 — A R the AFN Chief Executive Officer concerning the Speakers’ roles and responsibilities and any administrative arrangements. HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 77 AFN At this time and up until the Assembly, the Speaker should be provided with the documentation and information specific to the Assembly, the AFN Speakers Guide and any orientation and training required to prepare him or her to carry out the duties and responsibilities of the Speaker. For example, orientation and

FFECTIVE training could be made available on the AFN’s Consensus-Building Process, AFN Rules of Procedure and E meeting facilitation skills.

The National Chief should meet with the appointed Speaker in advance of an Assembly in order to share views on the mandate and objectives of the Assembly. At this time, the National Chief should convey any direction provided by the AFN Executive concerning Assembly conduct. ESPECTED AN D

During Assemblies, Speakers should have access to technical support, for example to assist in managing the discussion and debate of resolution, consensus-building processes and the conduct of a vote. Technical support 5 — A R should ensure that the Speaker is in constant communication with the Resolutions Committee, with translators- interpreters, members of the AFN Executive and Elders. HAP TER C RECOMMENDATION #39 • That Assembly Speakers be selected from a list of pre-approved individuals who are members of First Nations, and who have the training and experience to allow them to effectively chair Assemblies. • That each Speaker be provided with a copy of the Speakers Guide that will outline the duties of the 39 Speaker along with instructions, directions and suggestions regarding Assembly rules and procedures, and the appropriate participation of Assembly participants. • And further, that Speakers be provided with orientation and targeted training as required, in advance of an Assembly. Implementation of this recommendation is dealt with on page 119.

Issue: Use of French and English at Assemblies

THE COMMISSION ADDRESSED the question of the use of First Nation languages in Chapter 2. Here, the Commission wishes to acknowledge the very real concerns and the sense of injury expressed to it by First Nation people who need to communicate in French.

The Commission heard of numerous concerns related not only to the provision of translation services, but their active use by all participants during debate and discussion at Assemblies. A related issue is the provision of AFN documents in English and French in a manner that is timely, consistent and predictable. There is a great deal of frustration and exclusion felt by AFN members whose first language is other than English.

“Perhaps we could ask, or even force people to wear their headsets because when someone makes a presentation in French only three or four people bother to wear them. No one listens to what is said.” Grand Chief Ernest Awashish, Atikamekw Nation, Montreal Hearing

“I asked the translator to temporarily not translate to give you the feeling of how you’re lost, not having the translation. The Innu Chiefs when they are going to meetings, which are the majority in English, are going through exactly that feeling.” Bernard St. Onge, Sept-Isles Hearing

78 AFN Renewal Commission Report 2005 The AFN’s translation policy states that the AFN will attempt to serve all of its constituents in English and French and in any of the 50 Aboriginal languages in Canada. It also provides that communications products intended for public distribution will be available in English and French. At Assemblies, the AFN normally provides translation services to facilitate debate and discussion in French, English and wherever possible, First Nation languages. But not all delegates are given or use the headsets that provide simultaneous translation.

The Commission concludes the AFN needs to be much more vigilant and proactive in the implementation of its translation policy, especially at Assemblies. It encourages the AFN to make greater efforts to ensure that all of the translation needs of First Nations people who use the French language are met and that greater respect is accorded to them at Assemblies. The Commission believes this can be accomplished through action and measures that facilitate both their participation and active engagement in AFN debate and discussion. The Commission believes the role of Assembly Speakers and organizers includes intervening to ensure that all voices are heard.

The AFN should direct not only greater effort but also the financial and human resources necessary to ensure that translation services are fully provided at Assemblies. It is imperative that headsets for translation services be made available to all delegates at the time they register, in order to promote equitable representation and meaningful participation by First Nations leaders and citizens whose preferences and needs are to communicate in the French language. Most importantly, there is a need to ensure an opportunity for meaningful dialogue, engagement and the two way exchange of information among both French and English First Nation Assembly delegates.

The national organization should be able to provide services in both official languages. This means not only translating documents and providing translation services at gatherings, but also ensuring that a sufficient number of AFN Secretariat staff is able to communicate in French.

RECOMMENDATION #40 40 • That upon registration each delegate to an AFN Assembly shall be provided with a headset for translation services. AFN Implementation of this recommendation is dealt with on page 120. FFECTIVE E Conflict Resolution Process UNTIL A FEW DECADES AGO all First Nations invoked a conflict resolution process when disagreements threatened the stability or the security of a community or a First Nation. Some were complex, others less so. But

their objectives were similar – the resolution or management of disputes. ESPECTED AN D

Successful and healthy organizations benefit from processes and mechanisms that can assist them to manage and

resolve the inevitable conflicts and discord that will arise. The AFN is no different from any other organization 5 — A R in this regard. In fact, First Nation traditions that emphasize the promotion and sustenance of harmony and balance in relationships make conflict resolution within the AFN even more vital and pertinent. HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 79 AFN As the Commission heard from many presenters, the AFN currently lacks an effective conflict resolution mechanism and process.

FFECTIVE “There needs to be a committee or a commission structure to deal E with contentious issues at AFN meetings so they’re not brought back continuously to every meeting.” Chief Thomas Bressette, Regional Grand Chief, Union of Ontario Indians, Sudbury Hearing ESPECTED AN D “Those Seven Grandfathers were put in place to address conflicts… I think that’s something that the AFN can look at in terms of removing the adversarial system that we currently have to a system that’s more cooperative.” 5 — A R Professor Herb Nabigon, Laurentian University, Sudbury Hearing

HAP TER Previously commissioned AFN organizational reviews also addressed this issue. C The 1996 review recommended that:

“A conflict resolution process… be designed and implemented immediately within the decision-making level of the organization. The purpose would be to help deal with the diverse ideologies, assist in finding the common ground, and bring unity back into the organization.” (AFN Executive Committee Retreat on Restructuring, January 31-February 1, 1996)

Suggestions the Commission received for conflict management and resolution included the establishment of an alternative dispute resolution process or grievance procedure and protocols between First Nations.

“[The] AFN can look at… removing the adversarial system that we currently have to a more — a system that’s more cooperative… a system that’s acceptable to everybody across the country that’s more generic.” Professor Herb Nabigon, Laurentian University, Sudbury Hearingò

At the Yellowknife hearing, several presenters suggested the establishment of an AFN mediator or ombudsperson to help resolve internal and external issues or conflicts.

The AFN Charter establishes the role of the Council of Elders in dispute resolution. This function is not well defined and there is no clear process for upholding and enforcing direction provided by the Elders, or decisions made as a result of conflict resolution processes. Article 24 of the Charter states:

“The Council of Elders may investigate any dispute or any situation which might lead to friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger relationships between First Nations in the Assembly of First Nations. The Council of Elders may, if all the parties to any dispute so request, make recommendations to the parties with a view to an amicable settlement of the dispute.”

Based on what the Commission heard, what it learned through written submissions, the Commission concludes there is a need for conflict resolution and management processes to be further developed and given greater prominence.

Conflict management and resolution is a role and responsibility that belongs to the Elders in the traditions of many if not most First Nations. As a result, the Commission proposes that the Circle of Elders be accorded the

80 AFN Renewal Commission Report 2005 authority, mandate and resources to allow it to engage in or manage the resolution of conflicts. This will encompass the responsibility to engage in conflict resolution arising within specific AFN structures and processes, such as the First Nations-in-Assembly, the National Council and in the National Policy Forums, which are recommended in the next section of this report.

It is the Commission’s view that, should a conflict arise at an Assembly, it will be the responsibility of the Speaker to call upon and work with the Circle of Elders to resolve or minimize disputes. The Speaker needs to remain involved to ensure the conflict management process is carried out consistent with the AFN Charter, the AFN Standing Rules of Procedure for Assemblies and the Assembly agenda.

RECOMMENDATION #41 41 • That the Circle of Elders be responsible for ensuring a positive conflict resolution process is available to all Assembly of First Nation structures, processes, and to all who participate in them. • And further, that the Circle of Elders manage the conflict resolution process, and make decisions concerning the inclusion of mediators and others, as appropriate. Implementation of this recommendation is dealt with on page 120.

The AFN Policy Process THE POLITICAL AND ADMINISTRATIVE STRUCTURE of the AFN establishes as policy decision makers the AFN First Nations-in-Assembly, the Confederacy of Nations and to a lesser extent, the AFN Executive Committee. Chiefs Committees are responsible for the development of AFN policy and directives, but have no final policy- making authority. The same can be said of the AFN administration and staff who, though they support policy FFECTIVE

development and formation and have some influence in the AFN policy process, are subject to the decisions of E political leaders.

In AFN Renewal, the First Nations-in-Assembly is to continue as the primary policy-making body. The Commission notes that with the proposed elimination of the Confederacy of Nations, the number of AFN

forums in which policy can be proposed, debated and approved is reduced. The Commission does not believe ESPECTED AN D this is harmful to the effectiveness of the AFN’s policy process, but it concludes that other policy forums should be created to allow a more inclusive AFN. 5 — A R In this section, the Commission recommends formal creation of National Policy Forums to enable a more stable and effective policy foundation. Though no change in the policy role of Chiefs Committees is proposed, the HAP TER

Commission does wish to offer some observations on this structure and the role it plays in connecting the AFN’s C political and administrative processes.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 81 AFN Issue: Chiefs Committees

CHIEFS COMMITTEES ARE responsible for the development of AFN policy

FFECTIVE and directives. They provide an important point of connection between the E political and administrative structure of the AFN in the policy-making process. Most AFN policy and policy directives are created with the active participation of Chiefs Committees. These committees are comprised of the AFN Regional Chief with portfolio responsibility, First Nation Chiefs and experts. AFN program directors normally coordinate policy work through ESPECTED AN D the Chiefs Committee that has been assigned responsibility for their program. One of desired results of Chiefs Committees is that they provide a means by which the AFN political (executive) structure, through the AFN 5 — A R Regional Chief with portfolio and chair responsibilities, is able to provide direction to corresponding AFN Secretariat departments and to ensure that

HAP TER the resolutions of the Assembly and the Confederacy are being implement- C ed as intended.

The success of Chief Committees is uneven. Some have been able to effectively influence policy development and provide oversight and direction to administrative activities. Others less so. Success appears to be linked to three factors: consistency and stability in the membership of the committee, the commitment and availability of Chiefs and consistency in the policy message that is being discussed and developed. Problems occur with intermittent participation of individual members of Chiefs Committees, a situation that makes decision-making difficult and disrupts focused activity each time the Committee convenes.

While Chiefs Committees form part of the accountability structure of the AFN, their status and authority is neither reflected in the AFN Charter nor in other AFN legal documents. As effective as they have been in the past, their operations have been hampered by lack of definition. And to a large extent, they have functioned somewhat independent of each other and from the AFN Executive.

Regardless of these shortcomings, the Commission proposes that a renewed AFN continue to establish and support Chiefs Committees as part of the AFN’s policy process. The Commission also proposes that the AFN more clearly define rules governing their composition, their relationship with AFN administration and specific departments and staff, their accountability, the accountability of their members for active participation and procedures governing the conduct of their meetings and operations. With these reforms, the Commission believes that Chiefs Committees will more uniformly and consistently be able to contribute to a successful and sustained AFN policy process.

82 AFN Renewal Commission Report 2005 Issue: National Policy Forums

IN 2004, the AFN began to hold regular National Policy Forums. In general, National Policy Forums are structured to address only one issue or topic at a time. They provide a venue for Chiefs, tribal councils, experts, academics, program technical staff and private sector representatives to debate and contribute ideas on a range of policy matters. Policy forums enable First Nation experts to discuss best practices and exchange information at a national level. The intent of most forums has been to develop national policy proposals that the AFN can pursue with federal, provincial and territorial governments.

Presenters who appeared before the Commission endorsed the idea of National Policy Forums and support their continuation within the AFN Renewal.

“We need national forums for First Nations citizens to express themselves.” Noreen Sampson, Edmonton Hearing

“The MKO Executive Council direct the Assembly of First Nations to eliminate the Confederacy of Nation meetings, and that the Assembly of First Nations convene quarterly AFN Chiefs Strategic Assemblies.” Sharon Mason, Manitoba Keewatinook Ininew Okimowin, Opaskwayak Cree Nation Hearing

The Commission also supports the concept of National Policy Forums and encourages a renewed AFN to continue to incorporate such forums as a permanent feature of the AFN’s policy structure and process.

Because there are fewer restrictions on participation in National Policy Forums they provide an important mechanism to enhance the inclusiveness and representativeness of the AFN. Such forums provide an important educa- tional opportunity for the AFN to listen and open itself up to a diverse set of perspectives, ideas and solutions and to become more broadly representative of the diversity of First Nation interests in its policy positions. It is another avenue that allows First Nations to express the direction they believe the AFN should move in within specific sectors such as education, health and self-government. The Commission sees National Policy Forums as supplementary and complementary to the existing policy structures and processes of the AFN. AFN

The Commission’s proposal for National Policy Forums is part of a larger strategy. This strategy is aimed at creating an environment for improved communication between and among First Nations and the AFN and the FFECTIVE

sharing and exchange of ideas that can develop into a national First Nation policy agenda. E

RECOMMENDATION #42 • That National Policy Forums be held at the request of the First Nations-in-Assembly or the ESPECTED AN D 42 National Council to discuss matters of national First Nation interest. • And further, that National Policy Forums be attended by the Grand Chiefs of provincial-territorial organizations, Treaty leaders, hereditary Chiefs, representatives of urban organizations, and others 5 — A R as appropriate. HAP TER

Implementation of this recommendation is dealt with on page 121. C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 83 AFN In addition to National Policy Forums, the Commission considered the possibility of implementing forums and processes to provide additional means by which individual First Nation voices and perspectives could be channeled within a renewed AFN. This initiative forms part of the Commission’s intent to make the AFN an organi-

FFECTIVE zation that is inclusive of and responsive to First Nations and their citizens. E

The Commission’s recommendation to elect the National Chief by way of a universal vote in which all eligible First Nation citizens participate is one way of forging a stronger connection between the AFN and First Nation citizens. But the Commission feels that more is required. First Nation citizens need to have the opportunity to interact with the organization and its leaders in order to directly share their perspectives and ideas with the ESPECTED AN D National Chief and the Regional Chiefs. Citizens should be able to see, talk to and ask questions of their leaders. They should have an opportunity to indicate to the AFN what they believe should be the priorities and activities of the AFN. 5 — A R

As a speaker at the Saskatoon Hearing noted: HAP TER C “I’m telling you (to) recognize your people… give the voices back and the power back by recognizing it for what it is. I’m not asking you to do something different that isn’t being done. I’m asking you to honour what is occurring as we speak.” Morning Star Mercredi, Saskatoon Hearing

The Commission gave active consideration to the concept of permanent and regular citizens forums. Citizens forums provide a way for the AFN to make people feel a part of their organization and to have their voices heard within it. These potentially provide First Nations people with the opportunity to review the organization’s activities and to learn more about the AFN and its priorities. The Commission believes they also provide a venue in which AFN leaders can be held more directly accountable to First Nation citizens. Leaders can listen, learn and also report directly to the people on how the AFN is addressing important issues, including the social and economic realities of First Nations today. Citizens forums, in other words, provide a mechanism for making the AFN a more inclusive, responsive and consequently, a more respected and effective organization.

The Commission believes it is appropriate that the AFN host citizens forums, from time to time and on specific issues, to provide an open venue for the exchange of information among citizens and with the AFN and as a further means of connecting the AFN to the people. To the extent that this is possible, it is the Commission’s view that these should be open forums free of politics. The AFN’s national and regional leaders should agree to use these opportunities to listen to what their people are thinking.

RECOMMENDATION #43 • That the Assembly of First Nations host a forum from time to time to enable First Nation citizens to consider a specific issue on the national First Nation agenda, and to speak directly to AFN leaders 43 and to each other about the issue. Implementation of this recommendation is dealt with on page 121.

84 AFN Renewal Commission Report 2005 Chapter 6 Rooted and Responsive AFN Communications

Introduction

o be successful, to be RESPONSIVE, to earn the respect of its members and those external to the organization, the AFN should have an effective communications strategy. It should have the capacity to inform, to be heard,

to reach its constituents and when it comes to its members, to listen. Effective communications can help the ESPONSIVE

T R AFN become an organization that is ROOTED in First Nation values and perspectives.

The Commission heard many views of First Nations on issues related to AFN communication. These confirmed the perception that AFN communication activities need to be strengthened and broadened. The AFN needs to reach out and deliver information in a timely manner and to open itself up to receive ideas, knowledge and OOTED AND information from the First Nations. A renewed AFN needs to devote time, energy and resources to becoming

more strategic with respect to how it communicates, what it communicates, when it communicates and why it 6 — R communicates. HAP TER

There are many dimensions to AFN communication. The internal dimension speaks to how the AFN shares C information with and receives information from its members. There are also, of course, external aspects to AFN communication, which include how the AFN responds to the media, how it positions itself to convey its message to governments, to the Canadian public and to the international community concerning issues of interest and importance to First Nations. All of these were addressed by Renewal Commission participants.

“There has to be improved communication from the national organization to tribal councils and PTOs. In addition, there has to be better communication from the Regional Chiefs to the constituent Nations they represent.” Regional Chief Thomas Bressette, representing the London District Chiefs Council, Toronto Hearing

“I think that maybe the AFN, on a national level, should be providing all local First Nation governments with either a monthly newsletter, updates on government programs, government initiatives that are coming out at the federal level.” Bob Villeneuve, MLA, Northwest Territories, Inuvik Hearing

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 85 Participants spoke of the need to disseminate information to communities in a more timely manner, in order to not only inform, but more fully

ESPONSIVE engage First Nations in discussion and debate about issues and specific lob- R bying campaigns. AFN communication on important policy and legislative issues affecting First Nations is often perceived as “too little, too late”. The AFN is seen as lacking effective structures and processes to facilitate the two-way flow of information between First Nations and the AFN. As a OOTED AND result, the AFN is seen as missing the opportunity to empower and legit- imize itself as the representative of First Nations and to concurrently 6 — R empower First Nations peoples by giving them a voice in AFN business.

HAP TER “But it’s really to try to figure out a way and show people, C ‘Yeah, we listened and here’s how we listened’. And show them in real ways how you listened.” John Paul, Executive Director, Atlantic Policy Congress, Halifax Hearing

“What the AFN should chiefly promote is…ways to empower ourselves, individually and collectively, that also connect us, and ways to connect us that also empowers us.” Professor Sákéj Henderson, Native Law Centre, University of Saskatchewan, Written Submission

Many hearing participants stated that they were not very familiar with the AFN or its work. Requests were made for the AFN to clarify its role and mandate and to inform the public about its activities through public education and awareness strategies. As a national organization serving First Nations, the AFN`s public education role is also recognized as inclusive of sharing with First Nations its experience and knowledge of the Canadian government, government procedures and of international forums, institutions and legal instruments.

“The AFN should… develop and strengthen their education and awareness strategy… which gives First Nations and their citizens an understanding of the different levels of government, the structure of the AFN, the connection each First Nation has to the AFN, the programs provided by the AFN and how First Nations can best utilize the system for their benefit.” Louisa Constant, Manitoba Keewatinook Ininew Okimowin, Opaskwayak Cree Nation Hearing

In general, First Nations peoples want the AFN to make use of a wider range of media.

“I believe there’s an opportunity for the AFN to become an organization of inclusion by establishing a significant communication strategy, utilizing current technologies, print Todd Curran © , media and marketing and promotion of the benefits and the accomplishments of the Assembly of First Nations.” photo: ATBC Greg McIvor, God’s Lake First Nation, Winnipeg Hearing

86 AFN Renewal Commission Report 2005 Public hearing participants stated their view that the AFN should expand and make more effective use of information and communication technologies as part of a broad and revitalized AFN communication strategy.

“We should maximize the use of technology… electronic versions of the resolutions should be mass e-mailed out to the First Nation communities for their records.” Councillor Cheryl Casimer, St. Mary’s Band, Kamloops Hearing

Participants encouraged the AFN to explore technology-based alternatives that will reduce reliance on and the wasteful consumption of paper. For example, it was suggested that documents under consideration at Assemblies could be viewed on overhead screens.

The AFN’s web site also was the subject of comment. Participants felt that information posted on the AFN’s

web site should be current and comprehensive. Participants encourage regions to make greater use of e-mail and ESPONSIVE electronic forms of communication. R

Several recommendations were made for the AFN to act as an information clearing-house. It is recognized that, while the organization has conducted a great deal of research and continues to accumulate a significant amount of documentation and information in written and other forms, much of this remains inaccessible to First OOTED AND Nations and their citizens. 6 — R Finally, another important communication issue concerns the provision of AFN correspondence, communications and documentation in French and English. The capacity of the AFN to prepare and translate documenta- HAP TER tion, including documents distributed at Assemblies, is inconsistent and unpredictable. At present, there is only C one in-house French-English translator available to the AFN. And yet, for many of the First Nations and their citizens, their first or second language is not English. It is either a First Nation language or French. Chief Antoine Ishpatao lamented the lack of translation capacity:

“We speak French but not English – I don’t know if there is any funding or any budget to translate English documents to French.” Chief Antoine Ishpatao, Natashquan Innu Montagnais, Sept-Isles Hearing

From what the Commission heard, it has been able to discern several interrelated aspects of AFN communication that need to be addressed as part of AFN Renewal. In the sections that follow, the Commission sets out its conclusions and recommendations in relation to each: Communications Strategies; Information Technology; Public Education and Awareness; Research and Policy Support; Assembly of First Nations Orientation; and Communicating in French and English.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 87 Issue: AFN Communication Strategies

ESPONSIVE IT IS CLEAR TO THE COMMISSION that one of the most important aspects of AFN Renewal is the development R of a strategic approach to communication and associated AFN communication capacity. As indicated above, AFN communication strategies should be recognized as having internal and external aspects.

The Commission suggests that the AFN develop an integrated communication strategy aimed at achieving a OOTED AND range of purposes and objectives. These include first, creating communication mechanisms and processes that support the two-way flow of information, within and among the AFN, First Nations, First Nations peoples, 6 — R organizations and regional structures. There is also a need to create opportunities that support First Nation’s participation in planning, agenda setting and in preparing to actively participate in decision-making at Assemblies

HAP TER and in the policy process through National Policy Forums and the Chiefs Committees. C

Second, a communication strategy should encompass media relations, clarifying the respective roles and responsibilities of the AFN Secretariat, the National Chiefs Office and regional offices in responding to media inquiries and reports. Attention should be directed to increasing capacity to monitor and respond to national and regional media and proactively engage the national media as a means to increase public awareness and understanding of First Nations issues and perspectives. On a related matter, a communication strategy should promote consistency between the AFN’s corporate position on particular issues and the way in which different parts of the AFN (e.g. the National Chief’s Office, AFN Executive members, Chiefs Committees and AFN Secretariat) each communicate with external audiences on particular subject matters and issues.

Finally, the communication strategy should be aimed at increasing First Nation awareness and understanding of AFN roles, structures and procedures, initiatives and organizational activities. It should support the AFN in its public education efforts. It should promote awareness and understanding of First Nation perspectives, issues, interests and priorities among First Nation citizens, the general public and the international community.

In implementing the communication strategy, the AFN should make better use of existing communications tools such as the AFN web site, the AFN’s newsletter The Echo and expand its use of information technologies such as the internet and print, electronic and broadcast media.

RECOMMENDATION #44 • That the Assembly of First Nations improve its capacity for communication by developing and implementing an integrated communications strategy that addresses internal and external 44 communications needs, media relations and public education. Implementation of this recommendation is dealt with on page 121.

Issue: Information Technology

LIKE MANY OF ITS FIRST NATIONS, the AFN increasingly uses electronic information and communications technologies to support its internal operations and activities. Continued development of technological capacity within the AFN and promotion of the innovative use of technology to connect First Nations and their citizens to the work of the AFN should be a priority of AFN Renewal.

Technology can be better used to connect First Nations members to Assemblies, gatherings and meetings, as for example, in planning meetings and to the policy process, including the National Policy Forums the Commission recommended in an earlier section of this chapter. Smaller and remote First Nations raised concerns about the costs associated with attending Assemblies and other gatherings. The possibility to increase the participation of

88 AFN Renewal Commission Report 2005 all First Nations in the business of the AFN can be accomplished through increased use of technologies such as video-conferencing. The AFN should, the Commission believes, investigate and pursue practical options to harness the communications power of information technology.

Issue: Public Education

THE AFN’S COMMUNICATION function, the Commission has concluded, should also encompass public education. The AFN has a role to play in enhancing First Nation awareness and understanding of: specific issues that affect First Nations and First Nation peoples; national policy and legislative developments; emerging First Nation and non-First Nation institutions that have an impact on the First Nations; and, First Nation constitutional, legal and human rights.

The AFN also can, on behalf of First Nations and their citizens, educate Canadians about our shared and separate histories, the fact the constitutional foundations of the country rest on Treaty relationships with First Nations, the international status of our Treaties and the nation-to-nation and government-to-government relationships that exist and which the First Nations seek to improve. The AFN has a role and responsibility to increase Canadians’ understanding of the destructive, intergenerational impacts that have been brought upon First Nation people through policies of assimilation, colonialism, dispossession from First Nation lands, resources, languages and cultures and the particular impacts of the Indian Act and institutions such as residential schools. ESPONSIVE These are just a few of the areas where the Commission sees the AFN`s public education role actively engaged R and that has the potential to connect First Nations and non-First Nations people.

To fulfill its responsibilities, the AFN should develop and coordinate the implementation of a public education and awareness program having both national and international aspects. This would be designed with the intent OOTED AND of raising awareness and understanding of First Nation issues among First Nations people, the general public and

in the media. As a national organization that is well connected with the federal government, with national insti- 6 — R tutions and organizations and with the international community, the AFN can also, as part of its public education program, better assist individual First Nations peoples and communities. It can do so by educating them on HAP TER

the federal government, its legislative, executive, judicial and administrative branches and processes. It can also C assist by increasing understanding of international organizations, forums and legal instruments which address the rights of Indigenous peoples.

Finally, the Commission believes that the AFN has a role and responsibility to provide orientation on the Assembly of First Nations. This could be provided to new leaders, First Nations youth and AFN staff, among others. Such orientation should introduce participants to AFN structures and procedures, expectations concerning delegate conduct and interaction at Assemblies and AFN gatherings, as well as to education and teachings on traditional values.

RECOMMENDATION #45 • That, as a significant element of its public education function, the Assembly of First Nations provide 45 orientation to First Nation leaders, youth, AFN staff and others, as appropriate. • And further, that such orientation encompass introduction to AFN structures, procedures, modes of conduct as well as teachings on First Nation values. Implementation of this recommendation is dealt with on page 122.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 89 Issue: Research and Policy Support

ESPONSIVE THE COMMISSION ENCOURAGES the AFN to more actively embrace a role for itself R in bringing together and disseminating research and engaging in policy advocacy at the national level.

The AFN should seek resources that will increase its institutional capacity to act as OOTED AND an information clearing-house for First Nation research, policy and related documentation. Greater efforts should be directed toward making research and policy 6 — R information more easily accessible to First Nations, including in digital forms such as on the AFN’s web site, or through documentation that is compiled and made

HAP TER broadly available in a compact disk format. C

The Commission believes, as a related measure, that the AFN should have the capacity to formalize relationships with the academic and scientific community, with policy think tanks and other knowledge-based institutions. These relationships should be aimed at providing First Nations and their citizens with more direct and easy access to relevant scholarly and scientific research and to work completed or being completed by First Nation and non-First Nation institutions, by communities, by individual First Nations people and importantly, by First Nation students completing post-secondary studies.

Ultimately, these measures will allow the AFN to more effectively engage its policy advocacy role, particularly in national policy development processes and better support First Nations as they themselves engage, from time to time, in policy processes at local, regional, provincial-territorial and other levels.

Issue: Communicating in French and English

RESPECT FOR AND USE OF Aboriginal languages is an integral part of the AFN. While the AFN has a translation policy that states the organization will attempt to serve all its constituents in English and French and in any of the 50 Aboriginal languages of Canada, AFN communications materials and documentation frequently are provided only in English. When documents are translated into French their distribution is often untimely.

Consistent with the Commission’s recommendations concerning the use of languages at Assemblies and the provision of headsets to all delegates, the Commission also believes it is important to implement the AFN translation policy with respect to AFN correspondence, communications materials and other documentation. The Commission concludes that the translation policy should require that all AFN documentation be translated and simultaneously released in English and French.

RECOMMENDATION #46 • That all Assembly of First Nations written materials be prepared in English and French before distribution. • That First Nations receive all written materials in the language used to conduct their affairs. 46 • And that the AFN secure the appropriate resources to support all English and French translation activities. Implementation of this recommendation is dealt with on page 122.

90 AFN Renewal Commission Report 2005 Chapter 7 Rooted - Representative - Responsive - Respected: Implementing AFN Renewal

Introduction

he AFN Renewal Commission was asked to “provide a course of action and implementation strategy for ESPECTED

the renewal and restructuring of the National First Nation Organization” (See Commission Terms of Reference, – R TAppendix A). The Renewal Commission was created to make recommendations on the restructuring of the Assembly of First Nations based on the views and perspectives of the First Nations and their citizens. The Commission has ESPONSIVE

worked at arms-length from the AFN and engaged in a process of extensive public hearings, focus groups, – R research and investigation. Through these consultations, the Commission has developed the 47 recommendations that are included in this report and constitute the complete plan for AFN Renewal. The plan is based on the collective vision for the AFN: EPRESENTATIVE VISION: The Assembly of First Nations exists to support First Nations as they – R strive to re-establish self-determination and self-reliance, and to help First Nations

peoples regain their rightful place in national and international forums. OOTED

The Commission believes that these recommendations will assist the First Nations and their citizens achieve 7 — R this vision. It is a vision that is rooted in First Nation values and culture, representative of First

Nations and First Nation citizens, and responsive to their needs, circumstances and priorities. HAP TER As a result, it will lead to an AFN that is respected and effective in its internal relations and C externally, in the forums of Confederation and internationally.

The key to unlocking this vision of AFN Renewal is collectively held. It rests with the First Nations and their citizens, with Chiefs, with AFN leaders and with urban, women’s and other organizations serving First Nations people. All need to commit to and cooperate in transforming the vision into something real. All need to engage in reform and restructuring through AFN Renewal.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 91 In this final chapter of the report, the Commission describes a plan for the implementation of recommendations to guide AFN Renewal. The approach is to identify the implementation requirements of each of the 47 recom- ESPECTED mendations that have been made. – R

In many instances, the recommendations can be implemented through formal acceptance and adoption of revised AFN governing documents and instruments such as the AFN Charter. Most of the revised or new documents the Renewal Commission is recommending be accepted and adopted by the First Nations-in-Assembly are ESPONSIVE included as appendices to this report. In other instances, further work should be undertaken to prepare the – R appropriate instruments, policies, procedures and protocols. In some cases, primary responsibility for implementing a recommendation rests with a single body, for example the First Nations-in-Assembly or the Circle of Elders; others require the active participation of a variety of people and structures inside and outside the AFN. With respect to timing, some recommendations need to be implemented before others can be. And, some recommendations can be implemented immediately while others will need to be implemented over time. EPRESENTATIVE – R

OOTED Implementation Oversight

TO BEGIN RENEWAL immediately, the Commission recommends that, upon acceptance of this report by the First

7 — R Nations-in-Assembly, the AFN Executive assumes responsibility for implementation. A small team should be established and mandated by the AFN Executive to oversee and execute this Implementation Plan. This group should comprise a member or members of the AFN Executive and members of the senior staff of the AFN. At HAP TER

C such time as the National Council is established, responsibility for AFN Renewal implementation can be trans- ferred to the new AFN executive structure.

Responsibilities of the implementation oversight team will include designing a specific strategy and schedule for AFN Renewal. Execution of the strategy will involve the team in managing the various processes and activities required to implement the recommendations. The team will have responsibility to assess priorities, needs and funding requirements. It will need to engage with different AFN political and administrative structures and leaders, including the National Chief, the AFN Executive, Circle of Elders, the AFN Chief Executive Officer and staff and the First Nations-in-Assembly. It also will need to take an active role in connecting the AFN to other First Nations organizations and with government officials in order to support implementation in accordance with the direction established by the Renewal Commission.

The team should report regularly to the AFN Executive and the First Nations-in-Assembly on the appropriate sequencing of implementation activities and the progress of implementation. It should ensure that effective communication, as described in this report and a change management plan form part of the overall strategy for the AFN Renewal.

RECOMMENDATION #47 • That the AFN Executive and senior staff of the AFN Secretariat develop and execute as trategy to implement the AFN Renewal Commission’s recommendations in accordance with the Implementation Plan. 47 • That, when it is established, the National Council assume responsibility for AFN Renewal implementation. • And further, that the AFN Executive, and later the National Council, report on a regular basis to the First Nations-in-Assembly on the progress of AFN Renewal. Implementation of this recommendation is dealt with on page 123.

92 AFN Renewal Commission Report 2005 Conclusion: A Treaty Among Ourselves THE RENEWAL COMMISSION was established with a mandate to listen to the voices of First Nations and their citizens and consider what changes should be introduced to renew the Assembly of First Nations. In fulfilling its mandate, the Commission was able to discern the vision that First Nations have of their national organization. This vision is one in which the broad goals of First Nation self-determination and self-reliance are actively supported and advanced by the AFN in national and international forums.

To achieve this vision, however, fundamental as well as more minor reforms need to be made in the structure and operations of the AFN. By becoming ROOTED in First Nations values, cultures and languages, as recommended in Chapter 2, the AFN can continue to provide a source of strength and pride for First Nations, especially as they engage in processes of decolonization and nation-building and in the forums and institutions of Canada and the world.

Reorienting itself to observe First Nation values, principles, customs and traditions may be one of the most significant challenges the AFN faces in the renewal process. The realization of an AFN that is culturally-rooted and that embodies a culture of respect is in part predicated on further discussion and accommodation.

The Commission’s recommendations call on Elders and others to assume leadership roles to take First Nations to

the next step in this part of the journey of AFN Renewal. In particular, we ask them to help us find ways to bet- ESPECTED

ter reflect common values, traditional leadership and decision-making practices and to regulate the conduct and – R tone of AFN Assemblies and other gatherings to ensure the values and principles of the organization are upheld.

If the AFN can root itself in tradition and culture and create a place for First Nation values, languages and practices, it will develop a great source of ESPONSIVE

strength, pride, continuity and stability. The AFN will then be able to draw – R upon these qualities for inspiration to address today’s challenges and to celebrate the successes of the First Nations. In doing so, it will truly be “returning to the spirit of our peoples”.

Achieving the vision First Nations have for the AFN also requires that the EPRESENTATIVE AFN become more broadly REPRESEN TATIVE of all First Nations and their – R citizens in Canada today, regardless of residency on reserves or away from First

Nation communities in urban and rural areas. OOTED

Recommendations found in Chapter 3, including the Renewal Commission’s most significant recommendation, election of the National Chief through the 7 — R process of a universal vote of eligible First Nation citizens, are intended to sup-

port the overall objective of enhancing the AFN’s representativeness. By build- HAP TER ing relationships with other First Nation organizations; providing sustained C support to First Nations engaged in the nation-building process; and, strengthening the international role of the AFN, the AFN will be more representative. These actions will also create new opportunities for participation within the AFN and enhance its capacity to provide political representation for First Nations and their citizens.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 93 Structural reforms to the AFN’s governing and corporate structures recommended in Chapter 4, are intended to make the AFN a more RESPON- ESPECTED SIVE national organization. The goals of accountability and transparency

– R can be advanced through the introduction of new instruments such as Codes of Conduct and Oaths of Office and through new structures such as the National Council and AFN Auditor General. Other recommendations set out in Chapter 4 will give permanency to emerging AFN practices ESPONSIVE intended to increase involvement by women, youth and Elders in AFN – R decision-making.

The Commission acknowledges and encourages First Nations to accept that AFN Renewal is an ongoing and continuing process of evolution. Over time and as more and more First Nations enter into and move through the EPRESENTATIVE nation-building process, a consensus will emerge on other structural – R reforms, such as those that may situate the AFN on the foundations of inter-First Nation Treaty relationships. OOTED Many presenters to the Commission called upon the AFN to become

7 — R an organization that is more sensitive and responsive to the diverse perspectives, interests and priorities of First Nations. AFN Renewal involves change in specific AFN procedures, including the conduct of AFN HAP TER

C Assemblies, the management and resolution of conflicts and disputes and the development and pursuit of a national First Nation agenda and national policy process. Chapter 5 includes many important recommendations for procedural change. These are aimed at making the AFN more RESPECTED and EFFECTIVE in its internal operations and ultimately in its external relationships nationally and internationally.

Acceptance of this report by the First Nations-in-Assembly and the subsequent adoption of a revised AFN Charter (Appendix E) and AFN Standing Rules of Procedure for Assemblies (Appendix I), will go a long way toward implementing recommendations for renewal, as these relate to AFN structures and procedures and as set out in Chapters 4 and 5.

In order to become more ROOTED and RESPONSIVE, the process of AFN Renewal also must include the important area of AFN communications. With the introduction of measures identified in Chapter 6, the AFN’s capacity to communicate with its members will increase. By strengthening communications through effective communication strategies, public education activities, increased use of information technologies, access to research and policy support and improved capacity to operate in both French and English, the AFN will Todd Curran © , contribute substantially to achievement of the broad goals of renewal. photo: ATBC

94 AFN Renewal Commission Report 2005 Improving communications and becoming more internally responsive also has implications for the AFN’s external relationships. With the implementation of comprehensive and integrated communications strategies and through public education efforts, the AFN will in turn be able to more fully engage as equal participants in

Confederation and effectively represent First Nations at the international level. By forging stronger relationships ESPECTED

with research and policy institutions and connecting with existing and emergent First Nation research and – R knowledge, the AFN will be able to more effectively engage its policy advocacy role and participate directly and on an equitable basis with government in national policy development processes.

The Commission concludes that the vision First Nations have of the AFN can only be realized if the First ESPONSIVE

Nations collectively, together with current and future AFN leaders, actively embrace and pursue change through – R the implementation of the AFN Renewal agenda the Commission has set out in this report. We must all, as First Nations, First Nation citizens, leaders and organizations, acknowledge together that change is needed and collectively assume responsibility to make the change happen. No one will do this for us.

In this way, we will be establishing the foundations for a Treaty among Ourselves. This Treaty will be a commit- EPRESENTATIVE ment to the respectful relationship we as First Nations have established among ourselves. Through the relation- – R ship we have within the Assembly of First Nations, First Nations will be able to demonstrate mutual support for

one another and work together in a collective, unified manner while at the same time respecting our diversity. OOTED

As the primary decision-making structure of the AFN, the First Nations-in-Assembly has a significant role in undertaking to implement these recommendations as soon as possible. This process requires strong leadership, a 7 — R quality that exists now within the AFN’s executive structure and within the AFN Secretariat. HAP TER The Commission believes that the AFN, sustained by its cultural roots, can be the national representative of C First Nations and First Nation citizens. It can be made more broadly representative of First Nations today. It can be made more responsive to First Nation priorities and objectives through its internal structures and processes. Through renewal, it can achieve a respected and effective place in Canadian Confederation and ultimately contribute to improvements in the quality of life of First Nations communities, families and individuals.

In this final chapter, the Commission repeats for emphasis that it is the rightful role and responsibility of the AFN leaders, the First Nations and First Nation citizens to implement the recommendations of this report and to pursue vigorously the honourable goal of AFN Renewal.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 95 Implementation Plan ESPECTED THE COMMISSION’S PLAN for implementation is set out in detail in the rest of this chapter. We emphasize, how-

– R ever, that with respect to each recommendation, the implementation plan should be read together with the main body of the report, to ensure that recommendations are implemented consistent with the overall intent and direction set by the Commission, as described in the preceding chapters. ESPONSIVE For each recommendation, the Commission has identified the following implementation requirements: – R

Responsibility: Who or what AFN structure has primary responsibility for the implementation of a recommendation.

What tasks or activities need to be undertaken. EPRESENTATIVE Action: – R Timing: When implementation of the recommendation should commence and in what time frame the recommendation should be implemented. OOTED

Resources: What are the implications of a recommendation from a financial, human resource or

7 — R organizational perspective.

The Renewal Commission wishes to note and acknowledge with approval that the AFN is already making HAP TER

C progress in the implementation of some of the Commission’s recommendations. Where appropriate and relevant these activities are noted in this Implementation Plan.

96 AFN Renewal Commission Report 2005 Recommendation #1: AFN Statement of Values

That the Assembly of First Nations, under the direction and guidance of the Circle of Elders, reaffirm and endorse the Statement of Values, which can be universally embraced by the First Nations to guide the AFN in the conduct of its internal and external relations.

Responsibility: Circle of Elders, First Nations-in-Assembly.

Action: Review existing AFN Statement of Values and identify additions or modifications as required, such as: the need to communicate more clearly with each other as Nations, communities, individuals and leaders and in ways that are culturally appropriate and according to agreed upon communication protocols and processes; returning a spiritual aspect to the conduct of AFN affairs including in decision-making; affirming Respect as the foundation of ceremony; acknowledging the power and detrimental effects that colonization and assimilation have had upon First Nations, communities, families and individuals;

incorporating First Nation values such as belonging, listening, respect, ESPECTED

self-knowledge, accountability, tolerance, cooperation, unity, honesty, love, – R equality, integrity and balance; and building relationships and “good relations” according to First Nation cultural protocols. ESPONSIVE

Present revised Statement of Values for adoption by the First Nations-in-Assembly. – R

Circle of Elders monitors and guides implementation of the Statement of Values to ensure compliance at AFN meetings and Assemblies. EPRESENTATIVE Timing: Within one year of this report’s tabling. – R

Resources: AFN Circle of Elders annual budget should accommodate the required meetings. OOTED 7 — R Recommendation #2: Traditional Leadership, Governance and Decision-Making

That the Assembly of First Nations, under the direction and guidance of the Circle of Elders, develop recom- HAP TER mendations concerning how traditional First Nation leadership, governance and decision-making practices can C be effectively incorporated into the procedures of the AFN.

Responsibility: Circle of Elders, First Nations-in-Assembly.

Action: Currently, the AFN is making efforts to accommodate traditional leaders in its Assemblies and forums. These practices should be continued in a flexible manner.

The Circle of Elders should discuss and develop traditional leadership, governance and decision-making practices and make recommendations for incorporation into AFN procedures, taking into consideration:

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 97 the collective traditions of First Nations with respect to governance and forms of communication; ESPECTED spiritual ceremonies as part of decision-making protocols within the AFN

– R and among Chiefs; and, the need to create opportunities for First Nation youth to receive training and mentoring on traditional leadership and decision-making practices. ESPONSIVE Recommendations presented by the Circle of Elders to the First Nations-in-Assembly – R for consideration and adoption.

Timing: Within 18 months of this report’s tabling.

AFN Circle of Elders annual budget should accommodate required meetings. EPRESENTATIVE Resources: – R

OOTED Recommendation #3: Balancing Traditional and Contemporary Practices

7 — R That in its Assemblies and gatherings, the Assembly of First Nations develop and implement a balance between traditional customs and contemporary practices in order to accomplish AFN business. HAP TER

C Responsibility: Circle of Elders, Assembly Speaker, Assembly Organizing Committees, National Chief.

Action: When organizing AFN Assemblies, gatherings and meetings, the Assembly Organizing Committee and staff, together with the Circle of Elders, should consult traditional leaders and Elders, as identified by the host First Nation, to determine the ceremonies and practices, including those of the host, that may be included during the event.

Timing: As required, prior to each AFN Assembly, gathering or meeting.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

Recommendation #4: First Nation Languages

That whenever possible, the Assembly of First Nations use and promote the use of First Nation languages at its Assemblies.

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat, Assembly Speakers and Assembly Organizing Committees, AFN staff, First Nations and First Nation cultural foundations, as appropriate.

Action: Initiate a series of meetings between AFN and First Nation language and cultural foundations to determine opportunities for collaboration in implementing this recommendation.

Encourage First Nations and First Nation cultural foundations to have their speakers and translators attend AFN Assemblies and gatherings.

98 AFN Renewal Commission Report 2005 Work with First Nation cultural foundations to assist them to access resources to support this activity in the fulfillment of their mandates.

Respond to correspondence, inquiries and requests for information in First Nation languages, as appropriate and within available resources.

Timing: Review and modify AFN language policies within one year of this report’s tabling.

Resources: AFN to advocate and support First Nation cultural foundations in accessing necessary resources through Department of Canadian Heritage, Aboriginal Languages Initiative and other sources.

Recommendation #5: Urban Portfolio and Staff

That the Assembly of First Nations formalize an urban portfolio and hire permanent staff within the AFN Secretariat to support this portfolio.

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat. ESPECTED – R Action: Establish terms of reference for the urban portfolio and allocate the portfolio within the AFN Executive.

Create a permanent urban desk within AFN Secretariat with a specific policy, research, ESPONSIVE

analysis and coordination mandate. – R

Develop job description, post positions and hire staff to fulfill urban specialist position.

Develop specialized capacity to ensure the urban perspective is reflected in all AFN policy development processes, in conjunction with efforts to establish protocols with EPRESENTATIVE

other urban-based organizations. – R

Timing: Within six months of this report’s tabling. OOTED

Access Department of Canadian Heritage Aboriginal program funding to support

Resources: 7 — R implementation of this recommendation and AFN urban portfolio and staff. HAP TER C

Recommendation #6: Election of National Chief

That the National Chief be elected to office for a four-year term through the process of a universal vote of eligible First Nation citizens.

Responsibility: First Nations-in-Assembly, AFN Chief Electoral Officer, AFN Chief Executive Officer.

Action: AS IT RELATES TO THE OFFICE OF NATIONAL CHIEF: Adopt revised AFN Charter provisions as set out in Appendix E, specifically those articles that address Elections and Term of Office, Recall and Removal and Chief Electoral Officer.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 99 Consider options to maximize participation in the national election while remaining consistent with nation-building processes First Nations are engaged in. ESPECTED

– R Adopt AFN Electoral Rules as set out in Appendix K including provisions that: mandate the primary responsibility to the AFN Chief Electoral Officer to ensure the proper conduct of the national election in accordance with established electoral rules and procedures and the AFN Charter; ESPONSIVE define an eligible First Nation elector as a person who is at least 18 years of age – R and is either an eligible elector of a First Nation and/or a status Indian under the Indian Act; establish a nomination period of 60 days prior to the election; define candidate eligibility and set out a nomination process that requires a candidate for National Chief to be nominated by 10 Chiefs from his or her EPRESENTATIVE Region and 10 Chiefs from other Regions; – R establish rules for the conduct of the vote, including the establishment of polling stations in each First Nation community and in urban centres, with

OOTED mail-in ballots available to all eligible First Nation electors; place a limit of $100,000 on the campaign budgets of candidates for

7 — R National Chief; and, address election results reporting, appeals and all other matters and procedures related to the conduct of a national election. HAP TER C Retain the services of the AFN Chief Electoral Officer for a period of 12 months prior to a national election and up to four months after the election.

AS IT RELATES TO THE OFFICE OF AFN REGIONAL CHIEF, AT SUCH TIME AS A REGIONAL CHIEF (OR CHIEFS) ARE ELECTED PURSUANT TO THE AFN ELECTORAL RULES: Review and amend AFN Electoral Rules as required to accommodate election of AFN Regional Chiefs such that: the election of the Regional Chief conforms to the national election process set out in the AFN Charter and AFN Electoral Rules; the eligibility and nomination process requires candidates to be nominated by 10 per cent of all Chiefs or 10 Chiefs from his or her Region, whichever number is lower. a limit of $20,000 is placed on the campaign budgets of the candidates; the elections of the Regional Chief and the National Chief are held at the same time; all costs associated with Regional Chief elections pursuant to AFN Electoral Rules are encompassed by the National Election process; and, the term of office for the Regional Chief is set at four years.

Timing: Within six months of this report’s tabling, the First Nations-in-Assembly adopt the revised AFN Charter.

Within one year adopt AFN Electoral Rules.

As required, review and amend AFN Electoral Rules to accommodate the election of AFN Regional Chiefs, pursuant to the AFN Electoral Rules.

100 AFN Renewal Commission Report 2005 Resources: Engage in discussions with Elections Canada regarding election services and resources that could be utilized and accessed including: training, preparation of voters lists, support in carrying out the national election and conduct of vote and other election support services.

Every four years identify funding requirements for the election for the Office of National Chief.

Negotiate funding agreements with Canada to support the National and Regional elections, taking into account any arrangement or agreement with Elections Canada.

Secure funds to retain the services of the AFN Chief Electoral Officer for up to 16 months.

Recommendation #7: Building Relationships with First Nation Organizations

That the Assembly of First Nations develop positive working relationships with urban organizations.

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat Chief Executive Officer. ESPECTED

Action: Continue to work with other organizations on particular issues where – R advocacy can be shared, mutually supportive and where advocacy efforts can be effectively coordinated with other First Nation organizations.

Determine specific opportunities to engage in discussions with and seek comment ESPONSIVE

from urban organizations, including within the AFN’s policy development process, – R

Timing: Within six months of this report’s tabling.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources. EPRESENTATIVE – R OOTED Recommendation #8: Protocols with Groups and Organizations

That the Assembly of First Nations develop and execute protocols with groups and organizations as a 7 — R means to engage all First Nation citizens and include them in the collective representation of the AFN. HAP TER C Responsibility: AFN Executive (National Council at such time it is established), Women’s Council and AFN Secretariat Chief Executive Officer.

Action: AFN to liaise with First Nation groups and organizations to discuss and develop protocols. The protocols should: define the AFN’s roles and responsibilities to provide political representation on behalf of the partner organization and its constituents and the reciprocal roles and responsibilities of the partner organization; identify the manner in which the partner organization participates in AFN decision-making and policy processes; identify arrangements for accountability and reporting among the parties; and, set out communication policies, mechanisms and processes the parties may utilize.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 101 Timing: Within six months of this report’s tabling. ESPECTED Resources: To be determined during discussions with First Nation groups and organizations. – R

ESPONSIVE Recommendation #9: Protocol with National Association of Friendship Centres – R That a protocol be developed with the National Association of Friendship Centres that defines the Assembly of First Nations’ responsibility to provide political representation, and the reciprocal role of the NAFC to administer services in urban areas.

AFN Executive (National Council at such time it is established), AFN Secretariat Chief EPRESENTATIVE Responsibility: Executive Officer, with the NAFC. – R

Action: Continue discussions with the National Association of Friendship Centres to confirm OOTED protocol arrangements consistent with parameters set out in Recommendation #8 above.

7 — R Timing: Ongoing discussion, with a goal of having the protocol in place within one year.

Resources: Unknown and to be determined based on outcome of discussions with NAFC. HAP TER C

Recommendation #10: The AFN’s International Mandate

That AFN Renewal reaffirm the international role of the Assembly of First Nations.

Responsibility: First Nations-in-Assembly, AFN Secretariat.

Action: Continue current efforts and progress towards securing AFN role and representation in international forums, for example, through co-hosting the second Indigenous Summit of the Americas in 2005, among other activities.

Following a National Policy Forum on the subject, confirm by resolution the international mandate and role of the AFN acting: as the effective representative of the First Nations in international forums; as the institutional channel for domestic issues to be directed to the international community; and, in solidarity with indigenous peoples in other states.

Develop new strategies that support AFN international activities, solidify partnerships with other Indigenous nations and secure mutually beneficial relationships.

Identify, on an annual basis, priority areas for engagement in international activities, initiatives and campaigns, in view of available resources.

Timing: Within one year of this report’s tabling.

Resources: Secure new sources of funding from the federal government to enhance the AFN’s ability to carry out its international mandate.

102 AFN Renewal Commission Report 2005 Recommendation #11: Support for Nation-Building

That the Assembly of First Nations embrace decolonization while assisting and supporting all the nation- building efforts of the First Nations.

Responsibility: First Nations-in-Assembly, AFN Executive (National Council at such time it is established), AFN Secretariat.

Action: Review and evaluate annually the AFN`s over-all strategic framework and its effectiveness and identify changes as necessary.

Related activities to be undertaken include: further developing and implementing the First Nations-Federal Crown Political Accord on the Recognition and Implementation of First Nation Governments with Canada; implementing Our Nations, Our Governments: Choosing our Own Paths, the Report of the AFN Joint Committee of Chiefs and Advisors on the Recognition and Implementation of First Nation Governments; supporting the results of ongoing negotiation and implementation of Treaties,

self-government agreements and federal legislative initiatives; ESPECTED pursuing resolution of Indian residential schools claims, including healing and – R recovery within First Nations and among their citizens; continuing to work towards implementing the Getting Results Strategy; and, developing initiatives, programs and policies in sectoral areas such as housing, education, business development and the environment, which have an impact ESPONSIVE

on the conditions for social, economic and human development of First – R Nations communities and citizens.

Timing: Immediate and ongoing. EPRESENTATIVE Resources: To be determined, based on outcomes of the above-mentioned actions. – R OOTED Recommendation #12: Confederacy of Nations

That the Confederacy of Nations be dissolved as one of the principal organs of the Assembly of First Nations. 7 — R

First Nations-in-Assembly. HAP TER

Responsibility: C

Action: Adopt revised AFN Charter, as set out in Appendix E, which will no longer include articles on the Confederacy of Nations.

Timing: Within six months of this report’s tabling.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 103 Recommendation #13: National Council

ESPECTED That the AFN Executive Committee be replaced with a new executive structure to be known as the

– R National Council, the purpose of which will be to carry out the national First Nation agenda.

That the National Council be composed of the National Chief and the Regional Chiefs as voting members, and one Chairperson from each of the Circle of Elders, the Women’s Council and the Youth ESPONSIVE Council, and the four National Advisors as non-voting members. – R

And that the National Chief act as the chair of the National Council.

Responsibility: First Nations-in-Assembly. EPRESENTATIVE Adopt the revised AFN Charter, as set out in Appendix E, specifically those articles

– R Action: that establish the new National Council and address its composition, function, authority and accountability. OOTED

Timing: Adopt the AFN Charter within six months of this report’s tabling. 7 — R Establish the National Council within one year. HAP TER

C As it concerns Chiefs Committees, the National Council must clearly define rules governing their composition, relationship with AFN administration, specific departments and staff, their accountability and procedures governing the conduct of Chiefs Committee meetings and operations.

Resources: Secure funds and develop the internal administrative and management capacity to support the National Council and the activities of Chiefs Committees.

Recommendation #14: National Chief’s Advisors

That the National Chief appoint four advisors to the National Council to act in an advisory capacity in areas of strategic and national interest to First Nations, and on constitutional, legal and policy issues.

And that the National Chief’s appointments be approved by the Regional Chiefs, and serve for as long as required by the National Chief.

Responsibility: National Chief and Regional Chiefs.

Action: National Chief to appoint four advisors by letter of appointment describing the scope of each advisor’s responsibility. The Regional Chiefs to consider and approve both individual appointments and scope of responsibilities.

Timing: Adopt AFN Charter within six months of this report’s tabling.

Establish new National Council, including appointment of National Chief’s Advisors, within one year.

104 AFN Renewal Commission Report 2005 Resources: Allocate existing National Chief’s Office funding to compensate and support activities of the four advisors.

Recommendation #15: National Chief (Oath of Office, Code of Conduct)

That, upon assuming office, the National Chief take the Oath of Office as set out in Appendix G, and sign the Assembly of First Nations Code of Conduct as set out in Appendix F, and the Conflict of Interest Declaration as set out in Appendix H.

Responsibility: First Nations-in-Assembly, National Chief.

Action: Adopt Code of Conduct (Appendix F), Oath of Office for National Chief (Appendix G) and Conflict of Interest Declaration (Appendix H).

Timing: Within six months of this report’s tabling.

Resources: No specific or significant implications are anticipated for additional or new financial,

human or organizational resources. ESPECTED – R

(Oath of Office, Code of Conduct) Recommendation #16: AFN Regional Chiefs ESPONSIVE

That, upon assuming office, Assembly of First Nations Regional Chiefs take the Oath of Office as set out in – R Appendix G, and sign the AFN Code of Conduct as set out in Appendix F, and the Conflict of Interest Declaration as set out in Appendix H.

When a Regional Chief accepts public office, a ceremony of acceptance be conducted by the Circle of Elders and the Region’s leaders, in which the individual affirms his or her commitment to the national First Nation agenda. EPRESENTATIVE – R

Responsibility: First Nations-in-Assembly, Regional Chiefs, Circle of Elders. OOTED Action: Adopt the Code of Conduct (Appendix F), Oath of Office (Appendix G) and Conflict of Interest Declaration (Appendix H). 7 — R

Regional Chiefs take Oath of Office, sign Code of Conduct and Conflict of Interest

Declaration when formally assuming the office of Regional Chief. Ceremony of HAP TER acceptance conducted concurrent with the Regional Chief formally assuming office. C

Timing: Adopt Code of Conduct, Oath of Office and Conflict of Interest Declaration within six months of this report’s tabling.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 105 ESPECTED – R Todd Curran © , ESPONSIVE photo: ATBC – R

Recommendation #17: Regional Chiefs’ Compensation Formula

That a formula for compensating Assembly of First Nation Regional Chiefs be developed to include a base salary that is associated with the office of AFN Regional Chief, and salary increments based on each region’s First EPRESENTATIVE Nation population, the number of First Nations in the region, portfolio responsibilities held, and associated lev- – R els of engagement with portfolio responsibilities.

OOTED And further, that financial sanctions be imposed through the individual Regional Chief’s compensation when: a Regional Chief fails to attend meetings that he or she is expected to chair or attend; or,

7 — R it is determined that the behaviour of an individual Regional Chief does not conform to the national First Nation agenda, or contravenes the Oath of Office, Code of Conduct or Conflict of Interest Declaration. HAP TER C Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat Board of Directors, Auditor General.

Action: Develop, approve and implement compensation formula for Regional Chiefs within the overall budget of the AFN Secretariat and the specific budget available to compensate the Regional Chiefs.

On an annual basis review and allocate funds available for Regional Chiefs compensation such that: 50% of available funds are allocated for base salaries; 10% of available funds are allocated based on the number of First Nations in each region; 10% of available funds are allocated based on the total First Nation population in each region; and 30% of available funds are allocated based on portfolio responsibilities and level of participation required by the specific portfolios.

AFN Chief Executive Officer and Chief Financial Officer to provide assistance in determining, on an annual basis, individual Regional Chief`s compensation levels, through application of a formula that encompasses all of the above mentioned compensation factors.

Sanctions to be addressed as required by the National Council, without the participation of the affected Regional Chief.

Timing: Within one year of this report’s tabling, but before the establishment of the National Council.

Resources: Secure funds to implement compensation formula for the Regional Chiefs.

106 AFN Renewal Commission Report 2005 Recommendation #18: Regional Chiefs’ Responsibilities

That the portfolio system be strengthened, with each Regional Chief assuming political responsibility for the activities of his or her assigned AFN Secretariat department.

That the Oath of Office clearly identify the political responsibility of the Regional Chief in relation to his or her assigned portfolio.

And that each Regional Chief be provided with orientation and ongoing advice as to the appropriate fulfillment of his or her political duties in relation to the AFN’s administrative operations, staff and financial resources.

Responsibility: National Chief, Regional Chiefs, AFN Chief Executive Officer.

Action: Allocate portfolios through AFN Executive (National Council at such time it is established).

Adopt Oath of Office for Regional Chief (Appendix G).

National Chief and Chief Executive Officer ensure that orientation and advice is provided to Regional Chiefs regarding the appropriate exercise of their political and administrative

responsibilities. ESPECTED – R Timing: Portfolio responsibilities of Regional Chiefs are confirmed upon establishment of the National Council.

Adopt Oath of Office for Regional Chiefs within six months of this report’s tabling. ESPONSIVE – R Orientation and advice provided to Regional Chiefs by AFN Secretariat on an immediate and ongoing basis.

Resources: No specific or significant implications for additional or new financial, human or organizational resources. EPRESENTATIVE – R OOTED Recommendation #19: Including Women’s Perspectives in AFN Decision-Making

That the Assembly of First Nations ensure that AFN decision-making includes First Nation women’s 7 — R perspectives, and that the AFN support women in all its political, operational and management structures and

processes, including through the Women’s Council. HAP TER C

Responsibility: Women’s Council, First Nations-in-Assembly, Assembly Speakers, AFN Executive (National Council at such time it is established), AFN Secretariat, Elders’ Council and Youth Council.

Action: Undertake a review of policies and procedures to identify and remove barriers to the effective participation of First Nations women in the AFN.

Review and approve the gender analysis framework prepared by the AFN Women’s Council prior to confirming AFN policies or positions.

Ensure issues raised by the Women’s Council are included on meeting agendas for discussion.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 107 Timing: Immediate and ongoing. ESPECTED Resources: No specific or significant implications are anticipated for additional – R or new financial, human or organizational resources. ESPONSIVE

– R Recommendation #20: Preparing Youth for Leadership, and Including Youth Perspectives in Decision-Making

That members of the Youth Council be recognized as future First Nation leaders, and have the opportunity to observe and participate in AFN political and decision-making processes directly in order to be counseled, trained and prepared for positions of leadership. EPRESENTATIVE – R And further, that the members of the Youth Council be provided with opportunities to offer their perspectives on how particular issues can be addressed in the long term. OOTED

Responsibility: AFN Executive (National Council at such time it is established), Circle of Elders,

7 — R Women’s Council, First Nations-in-Assembly, AFN Chief Executive Officer.

Action: Facilitate attendance and active participation of Youth Council members at AFN HAP TER

C Assemblies and National Policy Forums.

Provide opportunities for Youth Council members to attend and observe meetings of the National Council, AFN Secretariat Board of Directors meetings and meetings and activities of other AFN structures.

Assign Youth Council members to “shadow” portfolios that match those assigned to Regional Chiefs. Provide opportunities for Youth Council members to assist Regional Chiefs in carrying out their portfolio responsibilities. Provide opportunities for Youth Council members to participate on Chiefs Committees and other committees established by the AFN.

Timing: Upon re-establishment of Youth Council in accordance with recommendations set out in this report.

Resources: Secure funds to support Youth Council members attendance at and participation in AFN meetings, committees and other activities and operations.

Recommendation #21: Advisory Councils (Elders, Women, Youth)

That the AFN Advisory Councils be renamed as follows: the Circle of Elders, the Women’s Council, and the Youth Council.

That each of the ten regions select Council representatives through internal regional mechanisms and processes.

That each region select both a female and a male representative to the Circle of Elders and the Youth Council, and one female representative to the Women’s Council.

108 AFN Renewal Commission Report 2005 That the Circle of Elders and Youth Council appoint two Co-Chairs, one male and one female, to preside over the Circle or Council.

And that each Council member be appointed for a term of not less than one year and not more than four years.

Responsibility: First Nations-in-Assembly.

Action: Adopt revised AFN Charter, as set out in Appendix E, specifically those articles that address the composition and selection, terms of office, functions, powers, roles and mandates of the Circle of Elders, Women’s Council and Youth Council.

Develop terms of reference for: the Circle of Elders, consistent with Recommendations #1, 2, 16, 29, 37, and 41 of this report; the Women’s Council, consistent with Recommendation #19; and the Youth Council, consistent with Recommendations #20 and 22.

Timing: Within six months of this report’s tabling, adopt the revised AFN Charter.

Establish the Advisory Councils within one year. ESPECTED – R Resources: Secure funds to support Circle of Elders, Women’s Council and Youth Council, including their administrative operations, meetings and compensation for members. ESPONSIVE – R Recommendation #22: Age Range for Youth Council Representatives

That representatives on the Youth Council be between the ages of 16 and 21 inclusive, with appointments affirmed by the Regions. EPRESENTATIVE

Responsibility: First Nations-in-Assembly, Regional and Grand Chiefs, Youth Council. – R

Action: Adopt revised AFN Charter, as set out in Appendix E, specifically those articles OOTED that address the composition of the Youth Council. 7 — R Timing: Adopt the revised AFN Charter within six months of this report’s tabling.

Establish the Youth Council in accordance with the revised Charter within one year. HAP TER C

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 109 ESPECTED – R ESPONSIVE – R EPRESENTATIVE – R

OOTED Recommendation #23: Advisory Council Resources

7 — R That resources be allocated on a fair, equitable and sustained basis to the Circle of Elders, the Women’s Council and the Youth Council to allow these Councils to undertake their mandates and contribute their perspectives to the national organization in an equally effective manner. HAP TER C Responsibility: AFN Secretariat, AFN Chief Executive Officer and Chief Financial Officer with Circle of Elders, Women’s Council and Youth Council.

Action: Conduct a review of the current annual budgets of the Advisory Councils to assess their equality and capacity to support their activities.

In consultation with the Circle of Elders, Women’s Council and Youth Council, the AFN Board of Directors will establish annual budgets for the councils at levels that allow them to carry out their duties and responsibilities.

Timing: Within six months of this report’s tabling, review the annual budgets.

Confirm the Circle of Elders, Women’s Council and Youth Council budgets at the time these bodies are established pursuant to revised AFN Charter and then on an annual basis.

Resources: Secure funds to support the activities and operations of Circle of Elders, Women’s Council and Youth Council.

Recommendation #24: Assembly of First Nations Secretariat

That the National Indian Brotherhood apply for a corporate name change and file supplementary articles of incorporation consistent with the recommendations of this report.

That the National Indian Brotherhood be renamed the Assembly of First Nations Secretariat.

110 AFN Renewal Commission Report 2005 That the AFN Secretariat undertake the management and administration functions of the AFN.

That the Board of Directors of the AFN Secretariat comprise the ten AFN Regional Chiefs and the AFN National Chief.

That the AFN National Chief serve as the Chairperson of the Board of Directors.

That the Board of Directors appoint executive officers of the corporation and establish committees as appropriate.

Responsibility: National Indian Brotherhood, AFN Executive (current Executive Committee), AFN Secretariat.

Action: Apply for a corporate name change, from the National Indian Brotherhood to the Assembly of First Nations Secretariat.

Revise and adopt corporate by-laws for the AFN Secretariat that are consistent with the revised AFN Charter (Appendix E).

Provide that all executive officers of the AFN Secretariat will be employees of the ESPECTED

corporation and will include a Chief Executive Officer and a Chief Financial Officer. – R

Establish an independent committee to conduct a review of and recommend changes to existing AFN human resource management policies and procedures, including employee classification systems, salary scales and hiring procedures. ESPONSIVE – R Develop and implement new human resource management policies and procedures that ensure high quality candidates are recruited, appropriately compensated and retained as AFN employees.

Further develop a focused and specialized capacity for policy advocacy and analysis to EPRESENTATIVE

influence and create opportunities for First Nations to advance their goals of self- – R determination. OOTED Formalize relationships with the academic and scientific community, with policy think tanks and other knowledge-based institutions. Establish ways and means for First Nations and citizens to have more direct and easy access to relevant scholarly 7 — R and scientific research and to work completed or being completed by First Nation

and non-First Nation institutions, by communities, by individual First Nations HAP TER people, as well as by First Nation students completing post-secondary studies. C

Timing: Apply for corporate name change and supplementary articles of incorporation immediately following the adoption of the revised AFN Charter.

Resources: Secure funds within the existing AFN Secretariat budget to support legal changes proposed.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 111 Recommendation #25: Separating Political and Administrative Responsibilities

ESPECTED That the National Council’s agenda and the agenda and business of the AFN Secretariat’s Board of

– R Directors be clearly separated in order to distinguish between political and administrative decision-making and responsibilities.

AFN Secretariat Executive Officers and Board of Directors, National Council at such ESPONSIVE Responsibility: time it is established, AFN Chief Executive Officer. – R

Action: Preparation of agenda for meetings of the National Council and the AFN Secretariat Board of Directors with attention to recommendation’s direction.

When meeting as a Board, follow standard meeting procedures for corporations and EPRESENTATIVE as set out in the AFN Secretariat’s articles of incorporation and bylaws. – R

Timing: Following establishment of the National Council, corporate name change and OOTED supplementary articles of incorporation.

7 — R Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources. HAP TER C

Recommendation #26: AFN Financial Relationships and Funding

That the Assembly of First Nations develop a new fiscal relationship with Canada that is based on stable multi-year financial transfers, and that is consistent with the AFN’s mandate to support First Nations as they strive to regain self-determination and self-reliance.

And that the AFN investigate, consider and develop revenue sources other than government transfers.

Responsibility: AFN Executive (National Council at such time it is established).

Action: Engage Canada in the discussion and negotiation of a new fiscal relationship and a multi-year financial agreement to support AFN political and administrative operations.

Establish a task force to investigate and prepare a report recommending the development of specific alternative AFN revenue sources, the report to be delivered to the AFN Secretariat Board of Directors, the National Council and the First Nations-in-Assembly.

Timing: Immediately upon adoption of the revised AFN Charter.

Resources: Secure funds to establish and allow the task force to carry out its mandate.

112 AFN Renewal Commission Report 2005 Recommendation #27: Creation of the Office of the AFN Auditor General

That, on the recommendation of the National Council, the First Nations-in-Assembly establish the Assembly of First Nations Office of the Auditor General, and appoint an Auditor General.

Responsibility: First Nations-in-Assembly, National Council.

Action: Adopt the revised AFN Charter, as set out in Appendix E, specifically those articles that address the appointment and duties of the Auditor General.

First Nations-in-Assembly appoint Auditor General, on the recommendation of the National Council, to: operate at arms-length from the National Council and the AFN Secretariat; monitor, investigate and review AFN operations, performance and implementation of AFN mandates, resolutions and policies in accordance with direction provided by the First Nations-in-Assembly; review and monitor AFN leaders’ compliance with Oaths of Office, Codes of Conduct and Conflict of Interest Declaration; monitor, investigate and report on the operations and accounts of First Nation

institution’s that have, as a condition of receiving the support of the AFN for ESPECTED

their establishment and ongoing operation, agreed to be subject to the Auditor – R General’s audit function and investigative powers; report to the First Nations-in-Assembly on the results of any investigation, review or audit completed and recommend action or the imposition of appropriate sanctions, as required, and ESPONSIVE

monitor, investigate and report on any breach of ethics of any member of the – R National Council and AFN Secretariat employees.

Auditor General to hire staff and/or contract with persons to assist him/her to carry out the Auditor General’s functions and duties, including conducting investigations, review and audits and preparing reports to the First Nations-in-Assembly. EPRESENTATIVE – R

Timing: Within six months of this report’s tabling and the adoption of the

revised AFN Charter: OOTED

National Council recommends to the First Nations-in-Assembly a candidate for the Office of the AFN Auditor General; and, 7 — R

First Nations-in-Assembly appoint an Auditor General HAP TER at the first Assembly following the establishment of the C National Council.

Resources: Secure funds to hire or contract the services of the AFN Auditor General, support staff and contractors.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 113 Recommendation #28: Appointment of the AFN Chief Electoral Officer

ESPECTED That, on the recommendation of the National Council, the First Nations-in-Assembly appoint an

– R AFN Chief Electoral Officer.

Responsibility: First Nations-in-Assembly, National Council. ESPONSIVE Adopt revised AFN Charter, as set out in Appendix E, specifically those articles that

– R Action: address the appointment and duties of the Chief Electoral Officer.

Adopt AFN Electoral Rules, as set out in Appendix K.

First Nations-in-Assembly appoint Chief Electoral Officer, on the recommendation of EPRESENTATIVE the National Council, to: – R organize the AFN National Election; direct and oversee the preparation of voters lists;

OOTED oversee the nomination process; ensure campaigns are conducted in compliance with AFN National Election

7 — R Regulations; oversee the conduct of the vote in accordance with the AFN Electoral Rules; hire, direct, oversee and provide training and orientation as required to HAP TER

C electoral officers; report the results of the AFN National Election; receive and address appeals; and, fulfill such other duties, obligations and responsibilities as are set out in AFN National Election Regulations.

Timing: Following adoption of the revised AFN Charter: AFN Executive recommends to the First Nations-in-Assembly a candidate for the position of AFN Chief Electoral Officer at least one year prior to a national election; and, First Nations-in-Assembly appoint the Chief Electoral Officer for a minimum period of 16 months: at least one year prior to a national election and for up to four months following a national election.

Resources: Secure funds to hire or contract the services of the AFN Chief Electoral Officer, support staff and contractors.

Recommendation #29: Assembly (Code of Conduct)

That, when registering at an AFN Assembly, delegates agree to follow an Assembly Code of Conduct that states they shall demonstrate respectful behaviour and cooperate in accomplishing the work of the Assembly and the AFN.

And further, that the Code of Conduct be developed by the Circle of Elders, and include provisions that call upon delegates to adhere to a framework that promotes inter-First Nation relationships at the national level.

Responsibility: First Nations-in-Assembly, Assembly Organizing Committee and Registrar, Circle of Elders, Assembly Delegates.

114 AFN Renewal Commission Report 2005 Action: Circle of Elders develops and recommends the Assembly Code of Conduct to the First Nations-in-Assembly.

Assembly security and a member of the Circle of Elders, assisted as appropriate by Assembly staff, ensure Assembly Code of Conduct is understood and agreed to by delegates at registration.

Circle of Elders and the Speaker ensure adherence to the Code of Conduct.

Timing: First Nations-in-Assembly adopts the Code of Conduct within six months of this report’s tabling.

Resources: AFN staff at Assemblies and representatives from the Circle of Elders.

Recommendation #30: Notice of Annual General Assembly

That the Assembly of First Nations confirm specific dates each year for the Annual General Assembly. ESPECTED

That all Assembly material, including the AFN Standing Rules of Procedures for Assemblies and the AFN – R Glossary, be sent to each First Nation community 30 days prior to the date of the Assembly.

And that all Assembly documents clearly identify the date, draft number and author. ESPONSIVE

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat, – R Assembly Organizing Committee.

Action: Prepare and organize for AFN Assemblies, including agenda, documentation and Glossary, in sufficient time to meet recommendation requirement. EPRESENTATIVE

Timing: Immediate and ongoing. – R

Resources: Commitment of AFN staff resources to ensure implementation. OOTED 7 — R

Recommendation #31: Assembly Agenda HAP TER C The Speaker of the Assembly must commence an Assembly at 9:00 A.M. with an opening ceremony and carry out the Assembly agenda in accordance with established timelines.

Responsibility: Assembly Speaker.

Action: Follow Assembly Agenda.

Timing: As required.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 115 Recommendation #32: Quorum

ESPECTED That for the purposes of starting an AFN Assembly, 50 per cent plus one of registered Assembly Delegates

– R (Chiefs and Proxy Holders) must be seated in the designated seating area to commence Assembly opening ceremonies and accept the agenda.

First Nations-in-Assembly, AFN Secretariat, Assembly Speaker, Assembly staff. ESPONSIVE Responsibility: – R Action: Adopt revised AFN Standing Rules of Procedure for Assemblies, as set out in Appendix I.

Timing: First Nations-in-Assembly adopt the AFN Standing Rules of Procedure for Assemblies within six months of this report’s tabling. EPRESENTATIVE No specific or significant implications are anticipated for additional or new financial,

– R Resources: human or organizational resources. OOTED

7 — R Recommendation #33: Proxy Holder

That AFN Standing Rules of Procedure for Assemblies provide that when a Chief does not attend an Assembly: HAP TER

C a proxy may be given to a person who is a member of a First Nation in the same Region as the First Nation authorizing the proxy; a Proxy Holder cannot transfer or delegate their proxy to another person; and a Proxy Holder may move or second a motion, speak to a motion, and vote at the Assembly for which the proxy has been granted, to the extent of the authorization. That a Proxy Holder must be authorized in writing by the First Nation. That a Proxy Holder must be 18 years of age or older. And that a proxy may be issued to, but is not restricted to, a First Nation councillor, an hereditary Chief, a traditional leader, the leader of an aggregated First Nation government, or a Treaty organization.

Responsibility: First Nations, AFN Secretariat, Assembly staff.

Action: Adopt AFN Standing Rules of Procedure for Assemblies (Appendix I), including the provisions on Assembly Delegates.

Prepare a standard form to be used at each Assembly to record the names of Assembly Delegates and term of Proxy Holder’s proxy and other limitations on a Proxy Holder’s authorization.

First Nations provide written confirmation of their Proxy Holder to the registration staff.

At registration, Assembly staff to verify a Proxy Holder is from the same Region as the First Nation providing the authorization.

Timing: First Nations-in-Assembly adopt AFN Standing Rules of Procedure for Assemblies within six months of this report’s tabling.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

116 AFN Renewal Commission Report 2005 Recommendation #34: Participatory Representatives: First Nation Organizations with Protocols

That First Nations women’s organizations, Treaty groups, Native Friendship Centres, and other First Nation organizations may attend AFN Assemblies as Participatory Representatives, and speak on specific issues, in accordance with the terms of written protocols between each organization and the AFN.

Responsibility: First Nations-in-Assembly, First Nation organizations, AFN Secretariat, Assembly staff, Assembly Speaker.

Action: Adopt AFN Standing Rules of Procedure for Assemblies, as set out in Appendix I, including provisions that address registration and recognition of the representatives of First Nation groups and organizations that have protocols with the AFN.

At each Assembly, AFN staff prepares a list of accredited First Nation groups and organizations and their representatives.

Assembly staff provides the list to the Speaker, who may then acknowledge the representative of a First Nation group or organization during the Assembly. ESPECTED

Timing: First Nations-in-Assembly adopt AFN Standing Rules of Procedure for Assemblies – R within six months of this report’s tabling.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources. ESPONSIVE – R

Recommendation #35:

Participatory Representatives: Tribal Councils and Provincial-Territorial Organizations EPRESENTATIVE

That the political leaders of tribal councils and provincial or territorial organizations may attend AFN – R Assemblies as Participatory Representatives, and have the privilege of addressing an Assembly on specific

agenda items, but do not have the right to vote. Political Leaders cannot proxy their standing as a OOTED Participatory Representative to any other person. 7 — R Responsibility: First Nations-in-Assembly, tribal councils, provincial and territorial organizations (PTO), AFN Secretariat, Assembly staff, Assembly Speaker. HAP TER C Action: Adopt AFN Standing Rules of Procedure for Assemblies, as set out in Appendix I, including the provisions that address registration and recognition of representatives of tribal councils and provincial and territorial organizations.

At each Assembly, the staff prepares a list of the representatives of tribal councils and provincial/territorial organizations who may address the Assembly, including the issues to which they are entitled to speak.

Assembly staff provides the list to the Speaker, who may then acknowledge a tribal council or PTO representative during discussions on particular agenda items and allow him or her to address the Assembly.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 117 Timing: First Nations-in-Assembly adopt AFN Standing Rules of Procedure for Assemblies ESPECTED within six months of this report’s tabling. – R

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources. ESPONSIVE – R

Recommendation #36: AFN Standing Rules of Procedure for Assemblies EPRESENTATIVE That the First Nations-in-Assembly adopt the Assembly of First Nations Standing Rules of Procedure – R for Assemblies as set out in Appendix I.

OOTED Responsibility: First Nations-in-Assembly.

7 — R Action: Adopt AFN Standing Rules of Procedure for Assemblies, as set out in Appendix I, including the provisions that address resolutions. HAP TER

C On an annual basis, National Council to review existing resolutions for the purpose of assessing their implementation status and any potential for conflict with AFN policy review and development processes. National Council to make recommendation on any changes in policy direction in the case of a conflict.

Timing: First Nations-in-Assembly adopt AFN Standing Rules of Procedure for Assemblies within six months of this report’s tabling.

Resources: No specific or significant implications for additional or new financial, human or organizational resources.

Recommendation #37: Consensus

That every attempt be made at AFN Assemblies to reach decisions by consensus. And further that the Consensus-Building Process be exhausted before a vote is called by the Speaker.

Responsibility: First Nations-in-Assembly, Assembly Speaker, Circle of Elders.

Action: Adopt AFN Standing Rules of Procedure for Assemblies, as set out in Appendix I, including the provisions that address the Consensus-Building Process.

Timing: First Nations-in-Assembly adopt AFN Standing Rules of Procedure for Assemblies within six months of the tabling of this report.

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources.

118 AFN Renewal Commission Report 2005 Recommendation #38: Voting

That a motion or resolution will be carried by a simple majority of those who have voting rights and are seated in the designated seating area at the time a vote is called, provided that the number of delegates does not fall below ten per cent of the total membership of the Assembly of First Nations.

That a designated seating area be established at AFN Assemblies in which only Chiefs and Proxy Holders may be seated.

That all others in attendance at an Assembly be seated in separate section called the gallery.

Responsibility: First Nations-in-Assembly, Assembly Speaker, Assembly staff.

Action: Adopt AFN Standing Rules of Procedure for Assemblies, as set out in Appendix I, specifically those provisions that address voting on resolutions and motions.

Create a clearly defined designated seating area at AFN Assemblies, which is separate and apart from the gallery. Within this area establish seating areas for each region, in

which only the Chiefs and proxy holders from the region may be seated. ESPECTED – R Monitor and enforce the rule that only Chiefs, proxy holders and Elders may be in the designated seating area. ESPONSIVE Timing: First Nations-in-Assembly adopt AFN Standing Rules of Procedure for Assemblies within six months of this report’s tabling. – R

Resources: No specific or significant implications are anticipated for additional or new financial, human or organizational resources. EPRESENTATIVE – R Recommendation #39: Assembly Speakers OOTED That Assembly Speakers be selected from a list of pre-approved individuals who are members of First Nations, and who have the training and experience to allow them to effectively chair Assemblies. 7 — R

That each Speaker be provided with a copy of the Speakers Guide that will outline the duties of the Speaker

along with instructions, directions and suggestions regarding Assembly rules and procedures, and the appropriate HAP TER participation of Assembly participants. C

And further, that Speakers be provided with orientation and targeted training as required, in advance of an Assembly.

Responsibility: AFN Executive (National Council at such time it is established), Assembly Speakers, AFN Secretariat.

Action: Maintain a list of pre-approved Speakers.

Provide to Speakers the Speakers Guide (Appendix J), orientation and targeted training, as required, prior to the Assembly.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 119 Timing: Immediate and ongoing. ESPECTED Resources: Secure funds to support the provision of training and orientation to Speakers. – R

ESPONSIVE Recommendation #40: Translation Services at Assemblies – R That upon registration each delegate to an AFN Assembly be given a headset for translation services.

Responsibility: Assembly Organizing Committee.

Ensure each delegate receives a headset and instructions for its use during the Assembly. EPRESENTATIVE Action: – R Timing: Immediate and ongoing for all Assemblies.

OOTED Resources: Secure funds to ensure translation services and headsets can be made available to all Assembly Delegates. 7 — R HAP TER C Recommendation #41: Conflict Management and Resolution

That the Circle of Elders be responsible for ensuring a positive conflict resolution process is available to all Assembly of First Nation structures, processes, and to all who participate in them.

And further, that the Circle of Elders manage the conflict resolution process, and make decisions concerning the inclusion of mediators and others, as appropriate.

Responsibility: First Nations-in-Assembly, Circle of Elders.

Action: The Circle of Elders is authorized to: develop, implement and monitor compliance with the AFN conflict resolution process; promote and maintain harmony and balance in all AFN relationships and interactions and reinstate peace and good relations when conflicts or discord arise; and, intervene in those situations when communication and interaction between AFN leadership, AFN staff and First Nations is neither positive nor respectful.

Timing: The Circle of Elders develops a conflict resolution process for immediate implementation within one year of the tabling of this report.

Resources: Secure funds within the AFN Secretariat to ensure the Circle of Elders is able to act on its conflict resolution authority.

120 AFN Renewal Commission Report 2005 Recommendation # 42: National Policy Forums

That National Policy Forums be held at the request of the First Nations-in-Assembly or the National Council to discuss matters of national First Nation interest.

And further, that National Policy Forums be attended by the Grand Chiefs of provincial/territorial organizations, Treaty leaders, hereditary Chiefs, representatives of urban organizations, and others as appropriate.

Responsibility: First Nations-in-Assembly, AFN Executive (National Council at such time it is established), AFN Secretariat

Action: AFN Secretariat organizes National Policy Forums as directed by First Nations-in-Assembly or the AFN Executive (National Council).

Timing: As required.

Resources: Secure funds to allow for National Policy Forums. ESPECTED

Recommendation #43: Citizens Forums – R

That the Assembly of First Nations host a forum from time to time to enable First Nation citizens to consider a specific issue on the national First Nation agenda, and to speak directly to AFN leaders and to each other about the issue. ESPONSIVE – R

Responsibility: First Nations-in-Assembly, AFN Executive (National Council at such time it is established), AFN Secretariat.

Action: AFN Secretariat organizes Citizens Forums as directed by the First Nations-in-Assembly or the National Council. EPRESENTATIVE – R

Timing: As required. OOTED Resources: AFN Secretariat funds to be allocated, as required, to allow for Citizens Forums as instructed.

AFN to assume cost of organizing and hosting Citizens Forums, but does not reimburse 7 — R or support costs of individual attendance and associated travel and accommodation. HAP TER C

Recommendation #44: AFN Communications Strategy

That the Assembly of First Nations improve its capacity for communication by developing and implementing an integrated communications strategy that addresses internal and external communications needs, media relations and public education.

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat (Communications Department).

Action: Develop a comprehensive, integrated communications strategy as outlined in this report.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 121 Timing: Immediate and ongoing. ESPECTED Resources: Secure funds to support the development and implementation of an AFN – R Communication Strategy. ESPONSIVE

– R Recommendation #45: AFN Orientation Program

That, as a significant element of its public education function, the Assembly of First Nations provide orientation to First Nation leaders, youth, AFN staff and others, as appropriate.

And further, that such orientation encompass introduction to AFN structures, procedures, modes of EPRESENTATIVE conduct as well as teachings on First Nation values. – R

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat, OOTED Circle of Elders, Youth Council, Women’s Council.

7 — R Action: Build on current efforts to formalize an orientation process within AFN and make it available throughout the AFN. HAP TER

C Timing: Immediate and ongoing.

Resources: Secure funds to support the development and implementation of an AFN Orientation Program.

Recommendation #46: Preparation and Distribution of Documents in English and French

That all Assembly of First Nations written materials be prepared in English and French before distribution.

That First Nations receive all written materials in the language used to conduct their affairs.

And that the AFN secure the appropriate resources to support all English and French translation activities.

Responsibility: AFN Executive (National Council at such time it is established), AFN Secretariat.

Action: Continue to strengthen AFN translation capacity to efficiently deliver high quality translated documents.

Continue to implement AFN language policy which requires that all AFN documents, including electronic and written materials, be available simultaneously in English and French.

Distribute AFN documentation to the First Nation in the language of its choice, in accordance with a list maintained by the AFN Secretariat for that purpose.

Timing: Immediate and ongoing.

Resources: Secure funds to enhance AFN translation services and capacity.

122 AFN Renewal Commission Report 2005 Recommendation #47: AFN Renewal Implementation

That the AFN Executive and senior staff of the AFN Secretariat develop and execute a strategy to implement the AFN Renewal Commission’s recommendations in accordance with the Implementation Plan.

That, when it is established, the National Council assume responsibility for AFN Renewal implementation.

And further, that the AFN Executive, and later the National Council, report on a regular basis to the First Nations-in-Assembly on the progress of AFN Renewal.

Responsibility: AFN Executive (National Council at such time it is established), together with senior staff of AFN Secretariat.

Action: Assign portfolio responsibility for implementation of AFN Renewal to a member of the AFN Executive.

Establish and mandate a team or committee that includes members of the AFN Executive and senior staff of the AFN to develop and execute an implementation strategy. Develop an organizational and change management strategy as part of the

broader implementation strategy. ESPECTED – R Team or committee to report monthly to the AFN Executive and to the First Nations-in-Assembly at each Assembly that is held between the tabling of this report and the implementation of the recommendations. ESPONSIVE

Timing: From the tabling of the Commission’s Report with the First Nations-in-Assembly – R to implementation to the satisfaction of the First Nations-in-Assembly.

Resources: Secure funds to support the implementation of AFN Renewal. EPRESENTATIVE – R OOTED 7 — R HAP TER C

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 123 124 AFN Renewal Commission Report 2005 Appendices

Appendix A — AFN Renewal Commission Terms of Reference

Appendix B — Commissioners’ Biographies

Appendix C — Commission Hearings

Appendix D — Glossary

Appendix E — Revised AFN Charter

Appendix F — Code of Conduct

Appendix G — Oath(s) of Office

Appendix H — Conflict of Interest Declaration

Appendix I — AFN Standing Rules of Procedures for Assemblies

Appendix J — Speaker’s Guide

Appendix K — Electoral Rules

Appendix L — Consolidated Recommendations PPENDICES A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 125 126 AFN Renewal Commission Report 2005 Appendix A AFN Renewal Commission Terms of Reference

Preamble 4. AFN Renewal Commission Co-Chairs The AFN Renewal Commission was created as an arms-length body a) Are the principal representatives to the AFN, government and that will operate in a truly transparent, open and accountable process. public. Public hearings soliciting the participation of all community and b) Guide the staff in all aspects of official AFNRC works. urban First Nations groups and organizations will be held across c) Delegate duties, responsibilities and activities to the Commis- Canada. sioners. d) Pre-approve all expenditures and fees incurred by Commission- 1. Purpose ers working on behalf of the AFNRC. Based on submissions collected from the public focus groups and e) Are signatories of the AFNRC/AFN Memorandum of Under- research, the AFN Renewal Commission shall provide a course of action standing. and implementation strategy for the renewal and restructuring of the National First Nation Organization. 5. Meetings and Decisions a) The AFNRC shall meet on a regular basis to discuss and review 2. Members: all issues related to the commission. The AFN Renewal Commission will consist of the following b) A minimum of one Co-Chair and two Commissioners is need- members: Co-Chairs Wendy Grant John and R.K. (Joe) Miskokomon; ed per hearing. Commissioners Mary Louise Bernard, Henry Delorme, Ginger c) Final decisions are based on consensus. Gosnell, Marion Ironquill Meadmore, François Paulette, Michèle Rouleau, Gregg Smith, Neil Sterritt and Sylvia Maracle. 6. Renewal Commission Staff a) The Co-Chairs shall appoint a Project Manager to provide logis- 3. Mandate: tical support and manage the day-to-day affairs of the AFN The AFNRC shall engage in broad-based discussions with Renewal Commission. First Nation peoples and others of all demographics, areas and represen- b) The AFN Renewal Secretariat will be at arms-length from the tatives of both community and urban First Nations peoples across AFN. Canada. In carrying out this mandate, the AFN Renewal Commission shall: 7. Amendments, Additional Procedures and Delegations • Accept written or oral submissions, testimonies; engage in dia- Any amendments to these terms of reference must be unanimously logue with relevant interest groups; and undertake wide public approved by all AFNRC Commissioners. consultations with the aim of guiding a national approach. • Indicate what changes, if any, are required with respect to exist- 8. Dissolution ing governing bodies or any new organizational structures of the The AFN Renewal Commission will be dissolved in December AFN, taking account of the social, cultural, economic and porta- of 2005.

bility factors of First Nations. Reference of Terms Commission AFN Renewal • Communicate and consult for the purpose of setting priorities and developing implementation strategies for proposed change to the National First Nation Organization. A — • Provide recommendations to the AFN Executive on specific issues that can be implemented without changes to the governing instruments of the AFN and NIB. • Provide status and activity reports to the AFN Executive Com- PPENDIX

mittee and public on a quarterly basis. A • Develop a Report on the Renewal and Restructuring of the AFN to the First Nations-in-Assembly for adoption and implementation of the recommendations of the said report by the summer of 2005.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 127 Appendix B Commissioners’ Biographies Commissioners’ Biographies Commissioners’

B — Wendy JOHN, Co-Chair Joe was Executive-Director provincial policies and programs ernance Handbook: A Resource Wendy has recently served as of the Chiefs of Ontario, an that address the needs of urban Guide for Effective Councils and a member of council for the organization established by Aboriginal people. Sylvia has con- co-authored Tribal Boundaries Musqueam Indian Band. She Miskokomon’s father and his sulted to outside organizations on in the Nass Watershed. An active PPENDIX served three terms as Chief of contemporaries. He was Council- issues of aboriginal policies and member on many boards and A Musqueam First Nation, and was lor and Chief of the Chippewa of governance, women’s and chil- agencies, he is a past governor the first woman in Canada to be the Thames reserve for 20 years. dren’s issues, health and wellness and current fellow of the Royal elected to the office of Regional Joe was the longest serving Grand and organizational effectiveness. Canadian Geographic Society, Chief (British Columbia) for the Chief in Canada (1982-1994) She has designed, developed, and a past director of the Canadi- Assembly of First Nations — a when he was elected to four terms delivered and evaluated programs an Aboriginal Minerals Associa- post which she held for four as the Grand Chief of the Union for urban Aboriginal peoples in tion. years. Wendy was the Associate of Ontario Indians, where he the areas of health, justice, social Regional Director-General, Indi- made serving his people through welfare, long-term care, educa- Mary Louise BERNARD an and Northern Affairs Canada, public office a priority. tion, cultural development, eco- Mary Louise is a Mik’maq British Columbia Region for five Grand Council Chief nomic development, healing and native from the Wagmatcook years. Miskokomon acted as a national wellness, employment and family First Nation of Nova Scotia. She She is active in issues facing representative on the Assembly of support. has played an integral role in the Aboriginal youth, the First First Nations’ committee on edu- She has published articles on realisation of self-sufficiency of Nations Residential School Pro- cation, Treaty, economic develop- topics such as education, culture- her community’s and, in doing ject and issues aimed at reconcili- ment and training. He was also based management approaches, so, has done much to promote ation and partnership. Wendy has involved in an advisory commit- healing and wellness, role of pride in the Mik’maq culture. served as a Lay Bencher of the tee on Native Education Pro- women in Indian government, Early in her career, Mary Law Society of British Columbia; gramming at the University of health, self-government, and Louise worked as a youth coun- as a Board Member of the Cana- Toronto. He was involved in the families. cillor and band membership dian Lands Company Limited; as negotiations that resulted in fun- clerk. She later became the band’s one of Canada’s Commissioners damental changes to the opera- Neil J. STERRITT financial manager. In 1994, Mary of the Pacific Salmon Commis- tion of the justice system in First Neil J. Sterritt is Gitksan, a Louise was elected Chief and sion as well as other numerous Nations communities in the member of the Fireweed clan of served her community for eight boards and commissions. In province. Joe Miskokomon has Kispiox, BC. He is President of years. She has also held seats on 2001, she received the Vancouver lobbied for Native rights in Lon- Sterritt Consulting Ltd. specializ- the AFN Chiefs’ Committee on YWCA Women of Distinction don, England and at the United ing in a range of aboriginal and Fiscal Relations and the Mik’maq Award for social action, and an Nations, and in 1994 was award- indigenous issues in Canada and Maliseet Health Board. Honorary Doctor of Law from ed an honorary degree of Doctor overseas. Neil was the President Royal Roads University in Victo- of Education from the University and Director of Land Claims for Michèle ROULEAU ria, B.C. of Nipissing at North Bay. the Gitksan-Wets’uweten Tribal Michèle Rouleau is Métis, Council, and a key witness on the born of an Ojibway mother and a R.K. (Joe) Sylvia MARACLE Delgamuukw case. He worked as Québecois father in Senneterre, MISKOKOMON, Sylvia Maracle is a Mohawk a treaty negotiator for the Gitksan Quebec. She has lived in Montre- Co-Chair from Tyendinaga First Nation, Treaty Office from 1994-1997. al for many years. Ms. Rouleau is Joe lives on the Chippewa of who attended Ryerson Polytech- Neil was a strategist and a consultant in Aboriginal Affairs the Thames reserve at Muncey, nical Institute School of Journal- spokesperson on federal-provin- and freelance facilitator. She was Ontario. He designed, developed ism. She has been involved with cial-aboriginal constitutional the host of Nations, an Aborigi- and taught the first Native studies Native Friendship Centres for issues for the Assembly of First nal television news magazine, course to be offered in Ontario at many years, and is currently the Nations and was appointed Co- broadcast on Télé-Quebec and Saunders Secondary School in Executive Director of the Ontario Chair of the Aboriginal Table by RDI (CBC’s French news chan- London, and has also worked for Federation of Indian Friendship the four national aboriginal nel). She was President of the the federal government at the Centres (OFIFC). She has organizations of Canada. He Quebec Native Women’s Associa- Department of Indian Affairs. worked to create federal and authored the First Nations Gov- tion and prior to that was a

128 AFN Renewal Commission Report 2005 founding member and Executive- negotiator and consultant for his Marion Youth Association, National Abo- Director of the Senneterre Native and other Dene First Nations. IRONQUILL-MEADMORE riginal Organizations Youth Friendship Centre. François has spoken on Dene his- Born on the Peepeekisis Council, National Aboriginal She has actively defended tory and Aboriginal and Treaty Reserve in Saskatchewan, Marion Youth Strategy Working Group, Aboriginal rights for twenty years rights, and has been called on to Ironquill-Meadmore was the first Aboriginal Tourism of BC 2010 and in recent years, she has been testify in the courts as an expert Aboriginal woman admitted to Olympic Committee, 2010 actively involved in human rights witness on Treaty 8, most recent- bar (1977) in Canada. Her orga- Olympic Bid Youth Participation issues. She is a member of Que- ly in the Benoit taxation case. nizational works include the Strategy, First Nations Chief and bec’s Human Rights and Chil- He was a founding member founding of national and provin- Family Services National Adviso- dren’s Rights Commission. and Chairman of the Dene cial political organizations as well ry Committee, Editorial Board Cultural Institute in 1986. as urban First Nation organiza- for the First Nations Child and Henry DOLORME François has also worked as a tions. Family Caring Society, Aboriginal Henry was born and raised at cross-cultural trainer and Marion enjoys learning about Policy Institute of BC and BC Cowessess First Nation. He is the facilitator for more than 20 years, and using computers, particularly First Nations youth policy former Health Liaison Officer for and has collaborated on a number the internet. In her view, the forums committee. the FSIN (Federation of of Canadian and international internet is an integral political Saskatchewan Indian Nations). documentary films. tool in building the future for all He was elected as a Councillor in First Nations of the Americas. It 1974, and served as Director of Gregg SMITH is with firm conviction that she Health for FSIN. In 1982, Henry Gregg is currently the CEO believes the time is now for the was elected as Chief for two and Executive Director of Indian Aboriginal peoples of North terms. After his last term as Chief, Oil and Gas. Prior to this assign- America. Realisation of their true he worked as the Executive Secre- ment, Gregg was the CEO for the strengths and beliefs, as well as tary for the FSIN Health and Treaty 7 Tribal Council in Alber- inherent rights as this continent’s Social Development Portfolio. ta. He is a member of the Piikani original people, needs to be He is the former Aboriginal Nation of the Blackfoot Confed- embraced without hesitation. Advisor to the Commission eracy, and has attended Leth- Chair of the Royal Canadian bridge Community College in Ginger GOSNELL Mounted Police (RCMP) Public Alberta. He served as a member (Commissioner Complaints Commission. Henry of the Royal Canadian Mounted from February – July 2004) was re-elected as Councillor for Police, before becoming an elect- Ginger Gosnell is a young Cowessess in 2001 and just com- ed Council member of the First Nations woman whose her- pleted his term. Henry is also the Piikani Nation in 1979. itage is tied to both the Nisga’a Commissioners’ Biographies Commissioners’ designated Chairman for the Initially active as a board Nation in northwestern British Treaty Four Elders. member of the Indian Associa- Columbia and the Kwagiulth tion of Alberta, in 1981 Gregg Nation of Vancouver Island. François PAULETTE became Vice-President elect. He Her post-secondary education B — François is Dene Suline and followed this accomplishment by includes First Nations Studies at member of the Smith’s Landing becoming President, holding the Malaspina University/College, Treaty 8 First Nation. As Chief position for a two-year term and Indigenous Governance PPENDIX

and Vice-Chief of the Dene beginning in 1986. Gregg is the Studies at the Institute of Indige- A Nation, he has fought for land co-founder of the Alberta Indian nous Government in Vancouver. and treaty rights such as in the Health Commission and served Ginger’s commitment to historic Paulette case and the as Chairman for five years. youth and native issues has Berger Inquiry. In 1989, Gregg founded the brought her to work on various Trained in Negotiations from Treaty 7 Tribal Council and committees including the Liberal the Harvard and Banff Schools of assumed the role of Chief Execu- Party of Canada Aboriginal Peo- Management, he has been a tive Officer. ples Commission, Urban Native

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 129 Commission Hearings Commission Appendix C Commission Hearings C —

Vancouver Public Hearing Southeast Assembly of Saskatoon Indian & Regional Grand Chief Audrey Rivers First Nations Métis Friendship Centre Angus Toulouse PPENDIX

A Donald MacKenzie Herman Green Southeast Region Dan Smith Alan Sutherland Calgary Public Hearing Regional Chief Knott Skin Tyee First Nation Jim Sinclair Councillor Gilbert Crowchild Northern Superior Region Chief Dave Crocker Portage Friendship Centre Tsuu T’ina Nation Regional Chief Peter Collins Leah D. George-Wilson Garda Sinclair-Moran Elder Eddie Saddleback Ojibways of Sucker Creek First Nations Summit Councillor Marcel Balfour Tsuu T’ina Nation Chief Patrick Mahdahbee Assembly of First Nations, Norway House Cree Nation Celeste Strikes With A Gun Southwest Region BC Region Winnipeg First Nation Tsuu T’ina First Nation Chief Thomas Bressette Regional Chief Herb George (Urban Group) Councillor Kevin Little Light Aamjiwnaag First Nation Cheryl Massey Nelson James Blood Tribe Chief Phil Maness AFN, BC Region Elder Ed Wood Chief Chris Shade Gull Bay First Nation Gloria Larocque Assembly of Manitoba Chiefs Chief Wilfred King Gitsegukla Indian Band Grand Chief Dennis Edmonton Public Hearing Elsie Bisaillon Chief Ken Russell White Bird Samson Cree Nation Citizen of Serpent River Ts’kw’aylaxw First Nation Brennan Manoakeesick Noreen Samson First Nation Political Chief Robert Shintah Indian Association of Alberta Elaine Johnson Aaron Greycloud Moncton Public Hearing Mel Buffalo (President) Citizen of Serpent River Western Aboriginal Harm Viola Robinson Nichole Calihoo First Nation Reduction Society John Daychief Sand Point First Nation Chris Livingstone (President) Saskatoon Public Hearing Aboriginal Disability Society Chief Paul Gladu Lytton First Nation Federation of Saskatchewan Elder Floyd Wood Herb Nabigon Councillor Roy Spinks Indian Nations Paul Barnsley Wayne Kaboni First Nations Summit Senator Roland Crowe Nichole Cardinal Citizen of Wikwemikong Grand Chief Edward John Battleford Tribal Council Will Campbell First Nation Ernest Grey Gary Laplante Citizen of Lac La Ronge Lelland Bell Daniel Watts Ray Paskimin Indian Band Anishinabek Women’s Council First Nations Summit Cheryl Thompson Jared Cardinal Donna Obosne Debbie Hansen Waylon Catcheway Citizen of Sucker Creek Councillor Jeanne Laponse Jeff Citizen of Skownan First Nation Whitefish Lake First Nation Louis First Nation Institute for the Advancement Zhiibaahaasing First Nation Native Law Centre of Aboriginal Women Chief Irene Kellis Winnipeg Public Hearing James [Sákéj] Youngblood Muriel Stanley-Venne Sheshegwaning First Nation Roseau River First Nation Henderson Aboriginal Business Service Chief Elizabeth Laford Off-Reserve Advocacy Centre Edward Kennedy Network Anishinabek Nation Nelson James Citizen of Little Pine First Shannon Armitage Deputy Grand Council Chief Waylon Sinclair Nation Carl Carter Nelson Toulouse Manitoba Aboriginal Youth Morning Star Mercredi Wahnapitae First Nation Career Awareness Committee Mervin Key Sudbury Public Hearing Chief Ted Roque Jim Sinclair Citizen of Key First Nation Anishinabek Nation – Union of Alderville First Nation Assembly of First Nations, Roderick McKay Ontario Indians Chief James Robert Marsden Manitoba Region Citizen of Red Earth Grand Chief Earl Commanda Elder Martini Assinewe Regional Chief Francis Flett First Nation Whitefish Lake First Nation Dwayne Nashqua Greg McIvor Dean Paskimin Chief Gail Shawbonquot Citizen of Chippewas of Louis Daniels Don Speidel Council of Elders Saugeen First Nation Waylon Sinclair Keith Dreaver Martin Assinewe Paul Nadijwan Manitoba Aboriginal Youth Elder Jake Sanderson Lake Huron Region Sagamok Anishnawbek Nation Career Awareness Committee

130 AFN Renewal Commission Report 2005 Yorkton Public Hearing National Aboriginal Health Peter Dinsdale (Executive Chippewas of Nawash Treaty Four Organization Director) & Vera Pawis First Nation Noel Starblanket (Spokesperson) NWT Native Women’s Tabobondung Chief Ralph Akiwenzie Ted Quewezance Association Assembly of First Nations, Sol Sanderson Cece Heron (Vice President) Long Plain Public Hearing Alberta Region Jacob Pete NWT Languages Long Plain First Nation Regional Chief Jason Goodstriker Citizen of Little Pine Fibbi Tatti (Commissioner) Chief Dennis Meeches Atikamekw Nation First Nation Aboriginal Head Start – Southeast Resource Grand Chief Ernest Awashish Federation of Saskatchewan Yellowknives Dene First Development Council AFN Youth Council NS Indian Nations Senate Nation Herman Green Jamie Baptiste Joe Crowe Reanna Erasmus Treaty & Aboriginal Rights AFN Youth Council MB Connie and Inez Dieter Yellowknives Dene First Nation Research Centre Albert Carter Willie Littlechild Councillor Fred Sangris Ralph Abramson Kwakiutl Band Council Touchwood Agency Tribal Assembly of First Nations, Sagkeeng First Nation Proxy David Dennis Council Education NWT Region Chief Garry Swampy Lower Similkameen Regional Chief Bill Erasmus Roseau River First Nation Indian Band Inuvik Public Hearing Chief Terrance Nelson Proxy David General Kevin Menicoche Halifax Public Hearing Fisher River Cree First Nation Tobique First Nation Member of the Legislative Acadia First Nation Councillor John McKay Chief Hart Pearly Assembly NWT Chief Deborah Robinson Dakota Plains First Nation Bearskin Lake First Nation Frank Hope Union of Nova Scotia Indians Chief Orville Smoke Bob Graham Bobby Villeneuve Trevor Bernard Stella Keller Soowahlie First Nation Member of the Legislative Membertou First Nation Marilyn Courchene Chief Douglas Kelly Assembly NWT Chief Terrence Paul Assembly of Manitoba Chiefs Columbia/West Bank Lake Jim Antoine Ulnooweg Development Group Grand Chief Dennis Indian Band Assembly of First Nations, Todd Hoskin (Director of White Bird Proxy Vivienne Hamilton NWT Region Operations) Assembly of First Nations, Regional Chief Bill Erasmus Atlantic Policy Congress Manitoba Region Prince George Public Hearing Bob Simpson & John G. Paul (Executive Regional Chief Francis Flett Nisga’a Lisims Government Laurence Norbert Director) Rolling River First Nation Edmond Wright (Secretary Hazel Nerysoo Mi’kmaq Native Friendship Chief Morris Shannacappo Treasurer) & Edward Allen Centre Manitoba First Nations (Chief Executive Officer) Opasakwayak Cree Nation Gorden King (Executive Women’s Committee (AMC) Nee-Tah-Buhn Band Public Hearing Director) Keely Ten Fingers Chief Raymond Morris Elder Carl Flett Barrie Native Friendship Centre Carrier-Sekani Family Services Garden Hill First Nation David Martin (Executive Charlottetown Public Hearing or Kwakiutl Chief David Harper Director) Mi’kmaq Confederacy of PEI Warner Adam Elder Thelma Meade Ontario Federation of Indian Chief Darlene Bernard (Chair) Saik’uz First Nation Debbie Burka Friendship Centres & Chief Rodrick Gould Jr. Yvett Munger (Executive Caroline Constant Rick Lobzun & (Vice Chair) Director) & Councillor Faith Skownan First Nation Heather Levecque Chief Claudine Thomas Councillor Joseph Maude Odawa Native Friendship Oweekeno Nation Stoney Creek First Nation Swampy Cree Tribal Council Centre Chief Alex Chartrand Councillor Stan Thomas Frank Turner & Mariah Moore Jerry Lanouette (President) Qualicum First Nation Georgina Alexis Dakota Tipi First Nation Aboriginal Youth Council Proxy Dan Smith Citizen of Cycles Band Council Chief Cornell Pashe Jocelyn Formsma Muskrat Dam First Nation Anthony Quaw Hearings Commission Del Assiniboine N’Amerind Friendship Centre Chief Frank Beardy Citizen of Cypress Citizen of Long Plain Chester Langille (Executive Mi’kmaq Grand Council Carrier-Sekani Tribal Council

First Nation Director) & Joyce Antone John Joe Tribal Chief Harry Pierre C — Manitoba Keewatinook Ininew (Board of Director) Village Government of Niang Skin Tyee Nation Okimowin Manitoba Association of Proxy Allan Edwards Chief Dave Crocker Grand Chief Sydney Garroich, Friendship Centres Keeseekoowin First Nation Maisie Wright (Hereditary PPENDIX

Lousia Constant, Sharon Alden Foy & Joan Church Chief Norman Bone Chief) A Mason, David McDougall, National Association of Piikani First Nation Northern Aboriginal Authority Joe Guy Wood & Steve Clark Friendship Centres Senate Chief Peter Strikes with a Gun for Families Roger Obonsawin, Joan Glode Penticton Indian Band Betty Patrick Yellowknife Public Hearing & Mary Richard Chief Stewart Phillip Karen Hunt Elder Tom Eagle National Association of Chippewas of the Thames New Aiyansh Village Citizen of Valley River Reserve Friendship Centres First Nation Government – Nisga’a Nation Liza Charlo Piper Chief Kelly Riley Chief Brian Tait

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 131 Kamloops Public Hearing Chief Lenora Fletcher Treaty Four First Nations Tyendinaga Mohawk Territory Squamish Nation Federation of Aboriginal Senator Ronald Crowe Chief Donald Maracle Chief Bill Williams Foster Parents Fort Erie Native Friendship Kamloops Indian Band Lenora Fletcher Sept-Iles Public Hearing Centre Chief Shane Gottfriedson & Interior Indian Friendship Les Innus de Ekuanitshit Dave Labbe Evelyne Camillee Society Chief Jean-Charles Piétacho Lorraine Jacko BC Aboriginal Fisheries Jeri Collins & Paul Émile Fontaine Dennis Stark Commission Hearings Commission Commission Delphine Terbasket Musée Chaputuan TANSI Arnie Narcisse (Chief Executive Dévélopement Touristiane Anne Brascoupe Officer) Whitehorse Public Hearing Donald Pilot Marilyn Capreol C — Shuswap Nation Tribal Council Vuntut Gwitchin First Nation Betisiamites Hornepayne First Nation Chief Nathan Mathews Chief Joe Linklater Jenny Rock (Community Chief Laura Medeiros Okanagan Nation Alliance Little Salmon/Carmacks Activities Coordinator) Algonquin Woodland Metis Pauline Terbasket (Executive First Nation Carol LaBarre Aboriginal Tribe (Urban PPENDIX

A Director) Councillor Joseph O’Brien Montagnais de Nutashkuan Group) BC Native Women’s Youth Na-cho-Ny’a’k Dun Chief Antoine Ishpatao (Chief) Zane Bell Camilla Alexis First Nation Yvon Parent London District Chiefs Council Nlaka’Pamux Nation Chief Steven Buyck Elizabeth Bacon Chief Tom Bressette Tribal Council Doris Anderson Bernard St-Onge & Chippewas of Nawash Unceded Debbie Abbott Anne-Marie André First Nation Kitamaat Village Council Fort Qu’Appelle Public Hearing Quebec Native Women Head Councillor Geewadin Chief Steve Wilson Young Chippewayan (Femme Autochtones) Elliott & Councillor Paul Jones Aboriginal Sports and First Nation Mérilda St-Onge Steve Turner Recreation Association of BC Chief Ben Weenie Viviane Michel Kashechewan First Nation Alex Nelson (Chief Executive Peepeekisis First Nation Elder Ben McKenzie Chief Leo Friday Officer) Headman Claude Desnomie Mamit Innuat First Nation Toronto Council Fire Native Samahquam First Nation Cowessess First Nation Guy Bellefleur Cultural Centre Chief William Schnieder Chief Patricia Sparvier Innu Takauikan Uashat Frank Keesickquayash Ts’kw’aylaxw Frist Nation Peepeekisis First Nation Mak Mani-Utenam (President) & Darlene Ritchie Political Chief Robert Shintah Chief Lyle Desnomie Albert Vollant (Vice President) & Interim Upper Nicola Indian Band Kinistin First Nation Institut Culturel Éducatif Executive Director Andrea Chief Scotty Holms Chief Felix Thomas Montagnais (ICEM) Chrisjohn BC Native Women’s Society West Region Tribal Council Denis Vollant Whitefish Lake First Nation Joanne Kruger Thomas Nepinak, Harvey Chief Teresa Migwans Kwicksutaineuk-Ah-Kwaw-Ah- Nepinak & Francis Nepinak Edmonton Public Hearing Association of Iroquois & Mish First Nation Yorkton Tribal Council Tsuu T’ina Nation Allied Indians Chief Henry Scow Tribal Chief Amanda Louison Councillor Bruce Starlight Grand Chief Chris McCormick Mary Baptiste & Don Pinay Blood Tribe Aboriginal Voices Radio Community Futures Development Roger Redman Chief Chris Shade Network Corporation of Central Citizen of Buffalo Dakota Advisory Council of Andre Morrisseau, Nadine St. Interior First Nations First Nation Treaty 6 Women Louis & Mark MacLeod Keith Matthew (Board of George Gordon Cree Nation Chairperson Veronica Morin Jimmy Dick Directors) & Geri Collins Chief Glen Pratt Helen Gladue Aboriginal Urban Alliance of Chirstina Casimir Star Blanket First Nation Margaret Gadwa Ontario Little Shuswap Lake Chief Irvin Starblanket & Piikani First Nation Michael Cheena & First Nation Councillor Maxine Goforth Big Councillor Edwin Small Legs Donna Marshall Chief Felix Arnouse & Knife Councillor Diane François Canoe Lake First Nation Toronto Public Hearing Montreal Public Hearing Bonaparte Indian Band Councillor Bernice Iron & Alderville First Nation Mohawk Council of Kahnawake Chief Mike Retasket Elder Lillian Iron Councillor Wayne Beaver Chief Johnny Montour Ktunaxa Nation – Federation of Saskatchewan Wikwemikong Unceded Andrea Moore St. Mary’s Band Indian Nations First Nation Diane Soroka Councillor Cheryl Casimer Vern Acoose Chief Robert Corbiere Attorney Marcus Louis Sr. Saskatchewan First Nation’s Magnetewan First Nation Conseil de bande d’Odanak Citizen of Osoyoos Indian Band Women’s Commission Chief Wilmer Noganosh Chief Gilles O’Bomsawin Cayoose Creek First Nation Erica Beaudin Saugeen First Nation Mohawk Traditional Council Councillor Yvonne Thevarge Kakisiwew/Ochapowace Chief Vernon Roote in Kahnawake Union of BC Indian Chiefs Nihiyewak Nation First Nations House – Uof T Stuart Myiow Sr. & Stuart Chief Stewart Phillip Wes George Tracy King Myiow Jr. High Bar First Nation

132 AFN Renewal Commission Report 2005 Concordia University Committee for the Mailed-In Submissions Aboriginal Urban Alliance Corinne Mount Pleasant-Jette Advancement of Native Assembly of Manitoba of Ontario Oneida Nation of the Thames Employment Chiefs’ Elders Donna Marshall Councillor Jessica Hill Alex Akewenzie, Nadia Elder Rod Young Femmes Autochtones du Des droits de la personne et des Belokopitov, Jake Linklater Union of Ontario Indians Québec Inc. droits de la jeunesse, Québec United Anishnaabeg Councils Paul Nadjiwan Ellen Gabriel (President) Pierre Lepage Chief Keith Knott & Anishaabe Akinoomaadwin Mitch Gold Alanis O’Bomsawin Ms. Alex Ker Adamaadwin AFN Women’s Council Assembly of First Nations, Nipissing First Nation Herbert Nabigon AFN International Dept. Quebec and Labrador Region Chief Philip Goulais Larry Quinney Darrel McLeod Regional Chief Ghislain Picard, Honourable Senator Aurelien Gill Michael Jerch Council of the Haida Nation Grand Chief Louis, Ernest Gigual Non-Profit Housing Jim Gatensby April Davis Awashish, Jean-Charles Corporation Sákéj Henderson AFN Council of Elders Pietacho, & Edith Cloutier Jim Lanigan & Mark Maracle Janet Besherse Elmer Courchene & William Regroupement des centres Algonquins of Pikwakanagan Mushuau Innu First Nation Two Rivers d’amitie autochtones du Chief Kirby Whiteduck Chief Simon Pokue Selkirk First Nation Québec Inc. Nadia Belokopitov Alva Martin Candice Menzie Edith Cloutier (president), Pacific Association of Mohawk Council of Kahnawake Josee Goulet (coordinator) Ottawa AFN Executive First Nations’ Women Andrew T. Delisle Sr. Grand Council of the Crees National Chief Phil Fontaine Anita Pascoe United Chiefs and Councils Grand Chief Dr. Ted Moses Regional Chief Jason Goodstriker Huu-Ay-Aht Manitoulan Quebec Native Women’s Regional Chief Rick Simon Chief Robert J. Dennis Hazel Recollect (CEO) Association Regional Chief Bill Erasmus National Aboriginal Forestry National Chiefs Advisory Group Ellen Gabriel (President) Vice Chief Morley Watson Association Université du Québec Federation of Lorraine A. Rekmans en Abitibi-Témiscamingue Saskatchewan Indian Nation Lee-Anne Kent (UQAT) Jennifer Brennan, Director Peter Nakogee Janet Mark Stat Policy Edward Kidd Montreal Native Women’s Germaine Elliott Shelter David DeLeary Ida Labilois-Montour & Tracy King Nakuset (Executive Director) Arlene Dodge Harvey Michele Huron Wendat Nation Grand Chief Wellie Picard Ottawa Public Hearing Margaret Koski Margaret Sutherland Mitch Gold Fort Albany First Nation Six Nations Council Mississaugas of the New Credit Chief Roberta Jamieson First Nation Jean Sioui Chief Brian Laforme Nation Atikamekw Windigo First Nations Council Grand Chief Ernest Awashish Chairman Frank McKay Indian Taxation Advisory Board First Nations Confederacy of Strater Crowfoot (Chairman) Cultural Education Centres Gouvernement des Abénakis Claudette Commanda d’Odanak (National Coordinator), Chief Gilles O’Bomsawin Hearings Commission Stephen Bonspille (Vice Tom Wassaykeesic President) & Debra Ginnish

(Secretary-Treasurer) C — PPENDIX A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 133 Glossary D — Appendix D

PPENDIX Glossary of Charter and Procedural Terms A

ABSTAIN AMEND THE ASSEMBLY DELEGATE CALL FOR ORDERS Formally decline to vote either AMENDMENT A person who has the right to OF THE DAY for or against a motion. An A motion to amend a motion speak or vote on matters at a A motion bringing the Speak- abstention has the practical currently on the floor. The Session of the Assembly of First er’s attention to the fact that a effect of voting with the nega- motion must pertain to the Nations because he or she is specific item of business was tive side of a motion. motion to which it refers and registered for that Session due to come up in the meeting ACCEPT A REPORT be disposed of before another either as a Chief of a member at a specific time. Adopt a report from a commit- amendment can be considered. First Nation or as a Proxy CHIEF tee and not just receive it. Usually no more than two Holder. A person whose name is on the ACCLAMATION amendments can be considered ASSEMBLY HALL First Nations Chiefs List main- When the Speaker calls a ques- by an Assembly at the same Any place the First Nations-in- tained by the AFN to reflect tion for decision and all Assem- time. Assembly meets in a Session to the status of elections and bly Delegates present are in ASSEMBLY conduct its official business. other forms of selection of favour (no objections and no Any Session of the First AUDITOR GENERAL Chiefs of member First abstentions). Nations-in-Assembly properly Under the proposed new Char- Nations. A person registered as ACCOUNTABILITY convened under the Charter of ter, an official to be appointed a Chief is the representative of When a leader or officer of an the AFN for the purpose of by the First Nations-in-Assem- his or her member First Nation organization is answerable to conducting the business of the bly to independently examine with full voting and participa- the membership and/or col- AFN. Each Session consists of and report to member First tion rights as an Assembly Del- leagues for the manner in a series of meetings (e.g. the Nations on the accountability egate. which he or she morning meeting of the first day, of the leadership, the adminis- CITIZENS OF MEMBER a) carries out official duties the afternoon meeting of the first tration of the AFN and other FIRST NATIONS as a leader or an officer of the day, etc.) until the Session as a matters affecting the overall Individuals belonging to mem- organization; and whole is adjourned. There are interests of members such as ber First Nations of the AFN. b) manages the affairs and three types of Assemblies: financial administration, the CHIEF assets of the organization. 1. Annual General Assembly: discharge of mandates given by ELECTORAL OFFICER ADJOURN The annual Session of the the First Nations-in-Assembly Under the proposed new Char- Officially end a meeting. AFN held at the same time and ethical matters. ter, a person to be appointed by AFN SECRETARIAT each year and which consid- BE RECOGNIZED the First Nations-in-Assembly The entity to be incorporated ers a consistent set of busi- When the Speaker allows an to oversee the conduct of under federal law that would ness items (e.g. review of Assembly Delegate or other national elections for the carry out administrative tasks financial statements) in addi- person entitled to speak to have Office of the National Chief in on behalf of, and provide sup- tion to other regular busi- the floor and address the accordance with the Charter port to, the Assembly of First ness. Assembly. and the Electoral Rules of the Nations. 2. General Assembly: BOARD AFN. AGENDA Any Session convened to An administrative, managerial CHIEF EXECUTIVE List of items of business that deal with regular business of or quasi-judicial body of elect- OFFICER member First Nations attend- the AFN that arises between ed or appointed officials who A senior official charged with ing a Session agree to discuss Annual General Assemblies. have been given specific directing the day-to-day man- and deliberate upon. 3. Special Assembly: authority to set and/or imple- agement and administration of AMEND Any Session convened to ment policy for an organiza- an organization. Change a motion or resolution deal with specific business of tion. A board, unlike a com- COMMITTEE by adding, striking out or sub- an important or urgent mittee, is considered to be a A group elected or appointed stituting a word or phrase or nature that arises between form of assembly. by an organization to consider otherwise change its meaning. Annual General Assemblies. or take action on a specific sub-

134 AFN Renewal Commission Report 2005 ject. Unlike a board or council, stand up or raise their hands Speaker determines who will al Chiefs) and seven non-voting a committee is not considered a first, followed by all those have the floor, by “recognizing” members (the Chairperson of form of assembly. against the motion, so each someone. the Women’s Council, one CONSENSUS OR side may be accurately count- MAJORITY Chairperson each from the Cir- GENERAL AGREEMENT ed. An Assembly Delegate may Fifty per cent plus one or more cle of Elders and the Youth A decision taken without a vote also request a division or retake of Assembly Delegates voting Council and four National in the absence of a strong of a vote. on a matter. Those who do not Advisors recommended by the objection. EX OFFICIO vote (e.g. those who abstain) are National Chief and approved CONSENSUS BUILDING MEMBERSHIP not counted in the final vote by the Regional Chiefs). The A process of seeking consensus, Having membership on a count. National Council would oper- either unaided, or with the board or a committee by virtue MEETING ate as a national body charged assistance of a neutral third of holding a particular office in Each period of a Session of the with working together to party. Discussion can con- the organization. Example: the First Nations-in-Assembly that ensure the implementation of tribute to consensus building. National Chief has ex officio takes place without a recess. the National First Nations Consensus building discussion membership in all AFN com- MEMBER FIRST NATIONS Agenda—the Charter and the seeks to increase understanding mittees and may attend and First Nations who have agreed Resolutions of the AFN. among delegates of each other’s participate in such meetings. to be bound by the OBSERVER concerns, interests and objec- FIRST NATIONS AFN Charter. A person who is given permis- tives in order to arrive at a deci- ELECTORS MINUTES sion to attend an Assembly but sion representing as much Under the proposed new Char- Record of the proceedings of a who may not speak or vote on common ground as possible. ter, persons eligible to vote in deliberative group. any matter. DESIGNATED the proposed national election MOTION PARTICIPATORY SEATING AREA for the Office of National Method of introducing a pro- REPRESENTATIVE Under the proposed Standing Chief. There would be two cat- posal for action by the First Under the proposed Standing Rules of Procedure, the area of egories of First Nation electors: Nations-in-Assembly. E.g. “I Rules of Procedure, a person the Assembly Hall to be desig- first, any citizen of a member move that…” with a specific with a right to speak at an nated by the Speaker as First Nation, 18 years of age or description of what the Assem- Assembly but not to vote. The reserved for Assembly Dele- older as of the date for election, bly should do or should decide. proposed Standing Rules gates in order to facilitate and who is registered as an Each motion must be intro- would establish two categories counting votes and identifying elector on the electors list of his duced by two people who sup- of Participatory Representative: decisions by consensus or or her First Nation; and sec- port the content of the motion a) a person who holds office as acclamation. ond, any person 18 years of age —a mover and a seconder, who a hereditary Chief, traditional DIVIDE A MOTION or older as of the date for elec- both must be Assembly Dele- leader of a First Nation, Grand A motion asking that a long or tion who is registered as “Indi- gates. Only Assembly Dele- Chief, head of a First Nation complex main motion, such as an” under federal law whether gates can vote on a motion or provincial/territorial political a series of resolutions, be sepa- or not a member of a member otherwise determine it by organization or head of a tribal rated and considered as indi- First Nation. acclamation or consensus. council and as such may speak vidual motions rather than a FIRST NATIONS-IN- MOTION TO RESCIND on any Agenda item; b) a per- whole motion. This can help ASSEMBLY Motion to nullify (cancel) a son who is the head of a Treaty members better understand the The First Nations-in-Assembly vote or decision taken by an group or of a First Nation issues under discussion. consists of all those Chiefs (and Assembly at a previous Session organization or association DIVIDE A QUESTION Proxy Holders) of member or meeting. with which the Assembly of A motion requesting parts of a First Nations who have exer- NATIONAL FIRST First Nations has entered into a motion be considered separate- cised their right to register in a NATIONS AGENDA written protocol that allows for ly for decision purposes, so that given Session of the Assembly The common agenda of policy invitations to be extended to Glossary different parts of the motion of First Nations. positions and agenda for col- such persons to attend and to can be separately deliberated GUEST lective action that all members be permitted to speak at and decided upon by acclama- Under the proposed Standing of the AFN, its officers and Assemblies on specific issues.

tion, consensus or voting. Rules of Procedure, a person staff are committed to imple- PENDING BUSINESS D — DIVISION who has been invited in writing ment and abide by, namely - Business “on the floor”, busi- OF THE ASSEMBLY by a member of the National the Charter of the Assembly of ness that is currently before the Where a vote has been, or is Council to attend an Assembly. First Nations and all Resolu- Assembly for discussion and/or PPENDIX

about to be, taken by hand or HAVE THE FLOOR tions in force at any given time. decision. A otherwise than balloting and The right of a person, once rec- NATIONAL COUNCIL PLURALITY the Speaker is not sure of the ognized by the Speaker, to The proposed National Coun- The number of votes received outcome, or the Speaker sim- address the meeting and have cil would replace the existing by a candidate that represents ply wants to be sure from the the Assembly’s undivided Executive Committee of the the most votes received of the outset, he or she may call for a attention to discuss an issue. AFN and would consist of total ballots cast (excluding “division” of the Assembly, that Only one person may have the eleven voting members (the spoiled ballots) compared to all is have all those in favour either floor at any one time. The National Chief, the ten Region- other candidates. This may be

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 135 less than a majority of all votes PRECEDENCE REFER TO COMMITTEE who may carry out the Speak- cast (e.g. when there are several OF MOTION Create a committee or instruct er’s duties from time to time, as

Glossary candidates running). Claim that a particular motion an existing committee to do required. POINT OF INFORMATION has the “right of way” over research and report its findings STANDING RULES A Point of Information is a another motion, e.g. a motion back to the group who created OF PROCEDURE request for an immediate to adopt the Agenda of the the committee. The proposed new Rules of D — answer to a question concern- meeting takes precedence over RESOLUTION Procedure to govern the con- ing the background or content motions relating to any of the A special type of motion. A duct of Sessions of the First of a motion or Resolution proposed Agenda items. Resolution deals with a ques- Nations-in-Assembly.

PPENDIX before the Assembly but not PROXY tion of substantive business, TERM OF OFFICE

A relating to any question of pro- A written document (Resolu- policy or other significant deci- How long a person is to hold a cedure. A Point of Information tion or Letter of a First Nation sion-making by the Assembly position in an organization may be directed to the Speaker, Government or Council) (in other words not involving a before either a new election or or, through the Speaker to an authorizing a citizen of a mem- procedural or minor matter). a new appointment for the AFN officer or another Dele- ber First Nation to speak and While other motions may be position must be made. gate or member First Nation. vote on behalf of the First made orally, and often are, a UNFINISHED BUSINESS POINT OF ORDER Nation, in place of the Chief, Resolution should be in writ- A matter that was pending An objection made by an for a part or all of a Session of ten form to facilitate proper when a previous meeting was Assembly Delegate calling for a the First Nations-in-Assembly. consideration by the Assembly adjourned. ruling by the Speaker that a PROXY HOLDER and to ensure a proper record WITHDRAWAL OF proceeding or motion is in vio- A person who is authorized by of the actual decision made. A MOTION lation of the Charter or the a written document (a “proxy”) ROBERT’S RULES Decision by a mover of a Rules of Procedure. A Point of to vote on behalf of a Chief OF ORDERS motion to remove it from con- Order must be made at the who is unable to attend a par- A standard reference book used sideration by the Assembly and time of alleged violation. ticular meeting or Session of by many decision-making bod- not have the matter put for POINT OF PRIVILEGE the First Nations-in-Assembly. ies, legislative bodies and decision. An objection raised by an A proxy must be issued in assemblies around the world to Assembly Delegate calling for a accordance with the require- facilitate an orderly and consis- ruling by the Speaker that a ments of the AFN Charter and tent means of conducting a pressing situation is affecting a the Rules of Procedure. meeting. It was written to be a right or privilege of an individ- QUORUM guide that could be adapted to ual member First Nation, an The minimum number of suit the particular needs of any Assembly Delegate or the members required to be pres- particular organization. Assembly as whole and should ent in the Assembly Hall in RULES OF PROCEDURE be addressed. (For example, if order for the First Nations-in- The existing set of rules and there is too much noise in the Assembly to be able to conduct customs that govern the con- Assembly Hall preventing Del- its business (such as opening a duct of formal AFN assemblies egates from hearing the pro- meeting and carrying on dis- or meetings. ceedings properly; or if a per- cussion or to make decisions). SECRET BALLOT son is present in the Assembly The proposed Charter and A written vote cast in a way Hall who has no right or per- Standing Rules of Procedure that assures the secrecy of each mission to be there.) provide two separate quorum individual’s decision. POSTPONE rules — one for opening an SESSION INDEFINITELY Assembly and adopting an A series of meetings constitut- A polite way to reject a motion. agenda—and another for making a single Assembly. If this motion is passed, the ing decisions, whether by accla- SPEAKER main motion cannot be mation, consensus or vote. The person appointed to pre- brought up again in its original QUESTION side at an AFN Assembly and form in that particular Session. A matter for decision by the having overall responsibility for POSTPONE First Nations-in-Assembly. Fol- the conduct of a Session and TO A DEFINITE TIME lowing discussion of an item, for preserving order and deco- A motion to defer considera- the Speaker “calls the ques- rum throughout the Session. tion of a main motion and all tion”, meaning the Speaker The Speaker is responsible for attached motions until a future asks the Assembly Delegates interpreting and applying the specified time or date. At that present to indicate their deci- AFN Charter and Rules of Pro- time, the matter will be sion on the matter. cedure on behalf of the mem- brought up again under unfin- RECESS ber First Nations. The Speaker ished business. Short break in a meeting. is assisted by a Deputy Speaker,

136 AFN Renewal Commission Report 2005 Appendix E Revised AFN Charter

Charter of the Assembly of First Nations

Preamble Conscious of our responsibility to support all First Nations in Canada as we assert our rights to self- determination and to development in our traditional territories for the well-being and betterment of our peoples in all aspects of life whether social, cultural, spiritual, economic, civil or political;

Determined to eliminate colonialism, racism and all forms of discrimination in our territories from any source;

Reasserting our distinct identities as nations and our equal place in the international community with equal and inalienable rights and freedoms as nations and as human beings; and

Recognizing that we are stronger when we act together as First Nations in our struggle against colonialism and the denial of our rights as nations.

Part 1 — 1982 Declaration We, the Chiefs of the Indian First Nations in Canada, Having Declared:

That our peoples are the original peoples of this land having been put here by the Creator;

That the Creator gave us laws that govern all our relationships for us to live in harmony with nature and mankind;

That the laws of the Creator defined our rights and responsibilities; Revised AFN Charter Revised That the Creator gave us our spiritual beliefs, our languages, our cultures, and a place on Mother Earth which provided us with all our needs;

That we have maintained our freedom, our languages, and our traditions from time immemorial; E —

That we continue to exercise the rights and fulfil the responsibilities and obligations given to us by the Creator for the land upon which we were placed; PPENDIX A That the Creator has given us the right to govern ourselves and the right to self-determination;

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 137 That the rights and responsibilities given to us by the Creator cannot be altered or taken away by any other nation;

That our aboriginal title, aboriginal rights and international Treaty rights exist and are recognized

Revised AFN Charter Revised by international law;

That the Royal Proclamation of 7 October 1763 is binding on both the Crowns of the United

E — Kingdom and of Canada;

That the Constitution of Canada protects our aboriginal title, aboriginal rights (both collective and individual) and international Treaty rights; PPENDIX A That our governmental powers and responsibilities exist; and

That our nations are part of the international community.

Are Determined:

To protect our succeeding generations from colonialism;

To reaffirm our faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of our First Nations large and small;

To establish conditions under which justice and respect for the obligations arising from our international treaties and from international law can be maintained; and

To promote social progress and better standards of life among our peoples.

And For These Ends:

To respect our diversity;

To practice tolerance and work together as good neighbours;

To unite our strength to maintain our security; and

To employ national and international machinery for the promotion of the political, economic and social advancement of our peoples.

So, We have resolved to combine our efforts to accomplish common aims:

Accordingly, our respective Governments, through their Chiefs assembled in the City of Penticton in 1982, agreed to establish a national organization known as the Assembly of First Nations (AFN).

138 AFN Renewal Commission Report 2005 Part 2 — Affirmation As representatives of the First Nations, we reaffirm the commitment of our respective Governments to the 1982 Declaration and hereby further agree and declare that:

We shall respect the laws the Creator gave to our Nations, knowing that these affirm the relationship and responsibility of our peoples to our lands; provide a foundation for our peoples to live in harmony, peaceful coexistence and mutual respect; and recognize the inherent dignity and equal worth of men and women and of all First Nation people.

We shall support and strengthen one another in our collective struggle to protect our nations, languages, cultures, values, traditions, lands and resources and the well-being of our peoples.

We shall assert our entitlement as nations and peoples to enjoy the equal rights and freedoms of nations and peoples under international law, and to have these rights recognized and respected under the Constitution of Canada.

We shall develop a common agenda for collective action, with the aim of advancing the political, civil, economic, cultural and social development and prosperity of all our peoples, while respecting the sovereignty of each First Nation.

We shall faithfully advocate the collective views of the First Nations and pursue our common objectives at the domestic and international level in accordance with the needs and priorities of each First Nation as determined by each First Nation.

We shall promote and nurture respectful relationships among all First Nation people and organizations including our traditional leaders, community and service organizations and women’s organizations.

We shall assert and realize our Treaty and Inherent Rights without fear or hesitation.

We shall require the Crown to uphold its moral, sacred and legal obligations owed to First Nations under domestic and international law.

We shall strengthen our Nations and reassert our rightful place at the national and international level.

We shall ensure our national assembly serves as a forum for free and orderly discussion among member First Nations and for the reasoned determination and resolution of matters affecting our common national and international interests. Revised AFN Charter Revised

We shall undertake our collective struggle based upon trust and confidence in each other and based upon respect for the sovereignty of each First Nation. E — We shall ensure our collective decisions and actions will not render a single First Nation to suffer or benefit as a direct result of privilege, favouritism, preferential treatment or the abuse of power. PPENDIX A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 139 Accordingly, The First Nations-in-Assembly, gathering in the Territory of

______, on this ___ day of ______, 200__ Revised AFN Charter Revised

hereby, amend and further adopt the AFN Charter as follows: E —

PPENDIX Part 3 — Assembly of First Nations A

Article 1: Definitions

“STANDING RULES OF PROCEDURE” means the rules annexed to this Charter as Appendix E.

“AFN SECRETARIAT” means the body incorporated under the laws of Canada under the name “Assembly of First Nations Secretariat” in accordance with Article 34 of this Charter.

“ASSEMBLY DELEGATE” means a person registered as a Chief of a member First Nation or as a Proxy Holder in accordance with this Charter and the Standing Rules of Procedure.

“PARTICIPATORY REPRESENTATIVE” means a person who: a) holds office as a hereditary Chief, traditional leader of a First Nation, Grand Chief, head of a First Nation provincial/territorial political organization or head of a tribal council, and as such may speak on any Agenda item; b) is the head of a Treaty group or of a First Nation organization or association with which the Assembly of First Nations has entered into a written protocol that allows for invitations to be extended to such persons to attend and to be permitted to speak at Assemblies on specific issues.

“DESIGNATED SEATING AREA” means the area of the Assembly Hall designated by the Speaker as reserved for Assembly Delegates only.

“FIRST NATION ELECTOR” means: a) any citizen of a member First Nation, 18 years of age or older as of the date for election, and who is registered as an elector on the electors list of his or her First Nation; or b) is a person 18 years of age or older as of the date for election who is registered as “Indian” under the Indian Act whether or not a member of a member First Nation.

“MEMBER FIRST NATIONS” means the First Nations who have agreed to be bound by this Charter and any First Nation recognized and registered as a member of the Assembly of First Nations by a meeting of the First Nations-in-Assembly.

“NATIONAL FIRST NATIONS AGENDA” means the Charter of the Assembly of First Nations and the Resolutions adopted by the AGA and Special Assemblies from time to time and that remain in force.

140 AFN Renewal Commission Report 2005 Article 2: Purposes 1. The purposes of the Assembly of First Nations are: a) to represent and promote the collective views of First Nations with the aim of advancing the interests and improving the well-being of all First Nation people; b) to communicate the objectives, interests and positions of its members to the Canadian public, federal and provincial governments and the international community; c) to promote consensus among First Nations on matters of national and international interest; d) to facilitate communications between First Nations and among First Nation people; e) to review, study and share information and expertise on issues of concern to First Nations; f) to advance issues of national and international importance to First Nations through legal, political and other forms of peaceful advocacy and action.

Article 3: Role and Mandate 1. The role and mandate of the Assembly of First Nations are: a) to act as an instrument with delegated powers to advance the aspirations of its members; b) to act as a forum where matters of national and international interest to First Nations can be discussed and deliberated upon for the purpose of taking action in the interests of all First Nations and all First Nation people; c) to take and coordinate action towards common goals, including court actions and constitutional, legislative or policy reforms as mandated and directed by the First Nations-in-Assembly; d) to support and advance the protection of the Treaty, Inherent and other rights of First Nations as directed and delegated by the First Nations-in-Assembly; e) to support and advance the recognition and implementation of First Nations Governments; f) to support the political, civil, cultural, economic and social development of each First Nation and the goals of each First Nation in achieving self-reliance and self-determination.

2. The purpose, authority, roles, responsibilities and jurisdiction of the Assembly of First Nations derive solely from the mandates delegated by the sovereign authority of each member First Nation. Any action by the Assembly of First Nations, its bodies, leaders, officers or staff that exceeds the authority delegated by member First Nations is of no force or effect.

3. The Assembly of First Nations shall take action in accordance with the mandates received by the First Nations-in-Assembly. The bodies, leaders, officers and staff of the Assembly of First Nations are entrusted with faithfully implementing the mandates delegated by the First Nations-in-Assembly and shall respect these mandates as a sacred trust and duty, and act strictly in accordance with their purpose, scope and limitations. Revised AFN Charter Revised E — PPENDIX A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 141 Article 4: Membership 1. All First Nations in Canada are eligible to be member First Nations of the Assembly of First Nations. Revised AFN Charter Revised 2. Any First Nation may apply to be registered as a member First Nation at a meeting of the First Nations-in-Assembly. E — 3. The use of the term “First Nation” in this Charter does not abrogate or derogate from the nation rights or status under international or domestic law of any First Nation consisting of one or more member First Nations. PPENDIX A

Article 5: Principal Bodies & Officers 1. The principal bodies and officers of the Assembly of First Nations are: • First Nations-in-Assembly; • National Chief; • National Council; • Regional Chiefs; • Circle of Elders; • Women’s Council; • Youth Council; • Assembly of First Nations Secretariat; • Chief Electoral Officer; and • Auditor-General.

2. The First Nations-in-Assembly may establish such committees, working groups or other subsidiary bodies as it deems necessary from time to time.

First Nations-in-Assembly Article 6: Composition 1. The First Nations-in-Assembly shall consist of all the Chiefs of those First Nations who exercise their right to be members of the Assembly of First Nations.

2. At each meeting of the First Nations-in-Assembly, each member First Nation is entitled to be represented by one Assembly Delegate who may be: a) the Chief of the member First Nation; or b) when the Chief is unable to attend a meeting of the First Nations-in-Assembly, a Proxy Holder appointed in accordance with this Charter and the Standing Rules of Procedure.

3. A member First Nation may designate a Proxy Holder, by issuing a proxy in the form required by the Standing Rules of Procedure, to any person, 18 years of age or older, who is a citizen of a member First Nation in the same Region as the member First Nation issuing the proxy.

4. A Proxy Holder may speak and vote on behalf of the issuing member First Nation on any matter or question before the First Nations-in-Assembly for the term indicated by the proxy.

142 AFN Renewal Commission Report 2005 Article 7: Authority 1. The First Nations-in-Assembly may: a) discuss any matter related to the purpose, mandate, Charter or interests of the Assembly of First Nations; b) discuss and make binding decisions regarding any matter related to the conduct or operations of any body or office of the Assembly of First Nations; c) make decisions on any subject matter that Chiefs of the First Nations desire to initiate or undertake co-operatively and collectively through the Assembly of First Nations; d) delegate authority, responsibilities or duties to the AFN Secretariat or any other body of the Assembly of First Nations in accordance with this Charter as deemed necessary from time to time; e) exercise political authority in accordance with this Charter and ensure that directions given by First Nations are implemented; and f) speak and vote on any matter that is on the Assembly’s agenda.

Article 8: Decision and Quorum for Decision-Making 1. Decisions of the First Nations-in-Assembly shall be made as far as possible by acclamation, consensus or general agreement and at all times shall require that no less than 10% of the total number of member First Nations are seated in the Designated Seating Area.

2. When decision by acclamation, consensus or general agreement cannot be reached, and provided that the number of Assembly Delegates seated in the Designated Seating Area is no less than 10% of the total number of member First Nations, decisions of the First Nations-in- Assembly shall be made as follows: a) Decisions of the First Nations-in-Assembly on motions to amend this Charter and on motions to recall and remove the National Chief pursuant to Article 17 require a positive vote of 60% or more of the Assembly Delegates voting in the Designated Seating Area. b) All other decisions of the First Nations-in-Assembly, require a simple majority vote (50% plus one or more) of the Assembly Delegates voting in the Designated Seating Area.

3. When a question is put to a vote, each member First Nation has one vote which may be exercised by its Assembly Delegate in accordance with this Charter and the Standing Rules of Procedure. Revised AFN Charter Revised E — PPENDIX A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 143 Meetings Article 9: Annual General Assembly Revised AFN Charter Revised 1. The First Nations-in-Assembly shall meet at an Annual General Assembly (AGA) the second Tuesday, Wednesday and Thursday of July to discuss the business of the Assembly of First

E — Nations and fulfil the legal requirements of the Assembly of First Nations Secretariat.

2. Each Annual General Assembly shall: a) review the minutes of the previous AGA, the Annual Report, the Financial Statements and

PPENDIX the Auditor’s Report; A b) affirm each member of the Board of Directors for the AFN Secretariat; c) appoint the Auditor to review Financial expenditures of the AFN Secretariat; d) appoint or re-appoint the Auditor General every four years; e) retain a Chief Electoral Officer 12 months prior to an election year; and f) discuss any other matters of a fundamental nature that affect one or more regions.

Article 10: General Assemblies Upon proper notice, General Assemblies may be convened by the National Council or by the First Nations-in-Assembly to deal with regular business that arises between Annual General Assemblies.

Article 11: Special Assemblies Upon proper notice, Special Assemblies may be convened by the National Council or by the First Nations-in-Assembly to deal with business of an important or urgent nature that arises between Annual General Assemblies.

Article 12: Rules of Procedure 1. The Standing Rules of Procedure form part of this Charter and subject to Article 12.2, constitute the only rules of procedure for meetings of the First Nations-in-Assembly.

2. For matters or cases not provided by the Charter or the Standing Rules of Procedure, the Speaker may call on the advice of the Circle of Elders or may consult, rely on or modify Robert’s Rules of Order, at his or her discretion. For greater certainty, where there is any conflict or inconsistency between any other authority and this Charter or the Standing Rules of Procedure, the Charter and the Standing Rules of Procedure shall prevail.

3. The Standing Rules of Procedure may be amended in accordance with the amending procedure set out in Article 39 of this Charter.

144 AFN Renewal Commission Report 2005 National Chief Article 13: Eligibility 1. Any First Nation Elector is eligible to stand for election as National Chief and may announce his or her candidacy in accordance with the Electoral Rules, annexed to and forming part of this Charter.

Article 14: Functions and Powers 1. The National Chief is an integral part of the National Council and, together with the National Council, shall take direction from the First Nations-in-Assembly.

2. The National Chief shall make regular political reports to his or her colleagues in the National Council and shall ensure that such reports are communicated to the regional offices and the member First Nations.

3. The National Chief is the primary spokesperson and political representative of the Assembly of First Nations.

4. The National Chief shall preside over National Council meetings.

5. The National Chief shall reside in the National Capital Region.

Article 15: Accountability 1. The National Chief is accountable to the First Nations-in-Assembly and to the National Council for all aspects of his or her official activities.

2. Upon assuming office, the National Chief shall: a) sign the AFN Code of Conduct, the Oath of Office for the National Chief and a Conflict of Interest Declaration; b) comply with all policies and procedures of the AFN; and c) support and assist in the implementation of the National First Nations Agenda. Revised AFN Charter Revised Article 16: Election and Term of Office 1. The National Chief shall be elected in a national election open to all First Nations Electors in

which the successful candidate receives a plurality of the total votes cast by participating First E — Nation Electors not including spoiled ballots.

2. Voting shall be by secret ballot cast at polls established in member First Nations for their PPENDIX

respective citizens and by mail-in ballot carried out in accordance with the AFN Charter and A the Electoral Rules, annexed to and forming part of this Charter.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 145 3. The AFN Secretariat will assume the cost of establishing and conducting each poll for the election of the National Chief in accordance with the Electoral Rules, annexed to and forming part of this Charter.

Revised AFN Charter Revised 4. Except as provided in Article 17 (Recall and Removal), the National Chief shall hold office for a four-year term and may be eligible to stand for re-election. E —

Article 17: Recall & Removal

PPENDIX 1. Grounds for recall and removal of the National Chief include, but are not limited to: material A breach of the AFN Charter, Code of Conduct or Conflict of Interest Policy.

2. Where a petition for recall and removal of the National Chief, signed by 35% or more of the Chiefs of member First Nations, has been received by the National Council, the National Council shall immediately refer the matter to the Circle of Elders.

3. The National Chief shall be provided a copy of the petition and any other details of the allegations being made against him or her. The Circle of Elders shall investigate, report and make recommendations on the matter to the National Council within 30 days of the matter being referred to them. In the course of their deliberations, the Circle of Elders shall provide the National Chief an opportunity to answer the case against him or her. The Circle of Elders may consult with independent legal counsel to assist them in discharging their duties.

4. Within 10 days of the receipt of the report of the Circle of Elders concerning a petition for recall and removal, the National Council shall meet and determine whether the matter should be referred to a Special Assembly. The National Chief shall not participate in a meeting to consider whether a petition for recall and removal should be referred to a Special Assembly.

5. At a Special Assembly called to consider a valid petition for recall and removal, and the report of the Circle of Elders, the matter shall be discussed in camera and in the absence of consensus, a vote shall be held on whether the National Chief should be removed from office. Where recall and removal of the National Chief is supported by 60% or more of the Assembly Delegates present and voting on the matter at a Special Assembly, the National Chief will be immediately removed from office.

6. In the event that the Office of the National Chief is vacated, pursuant to paragraph 5 of this Article; or because he or she dies or resigns, is found to be medically unfit to carry out his or her duties and complete his or her term, or his or her term ends or will end before a new election can be arranged, the First Nations-in-Assembly convened at a Special Assembly shall appoint an interim National Chief from the National Council until such time as an election can be held.

The National Council Article 18: Composition 1. The National Council shall consist of the National Chief, the ten Regional Chiefs, the Chairperson of the Women’s Council, one Chairperson each from the Circle of Elders and the

146 AFN Renewal Commission Report 2005 Youth Council and four National Advisors recommended by the National Chief and approved by the Regional Chiefs.

2. The four National Advisors shall be non-voting members of the National Council and shall serve as long as required by the National Chief. The scope of the responsibilities of each National Advisor will be set out by a letter of appointment from the National Chief and approved by the Regional Chiefs.

3. The representatives from the Circle of Elders, the Women’s Council and the Youth Council shall be non-voting members of the National Council.

Article 19: Function and Authority 1. The National Council shall make representations on behalf of First Nations consistent with First Nations-in-Assembly decisions and shall function as a collective unit.

2. On matters of concern to any individual First Nation that will not affect other First Nations, the National Council may consider requests received from individual First Nations and decide on an appropriate course of action, in consultation with the Circle of Elders.

3. The National Council shall bring to the attention of the First Nations-in-Assembly any matters which in their opinion jeopardise the security, survival, rights, aspirations and jurisdiction of First Nations.

4. The National Council shall review and approve the budgets of the Assembly of First Nations.

5. The National Council may establish committees with terms of reference, specific time frames and identified budgets.

6. Each member of the National Council must be present at, and may participate in, Assemblies, but does not have the right to vote.

Article 20: Accountability 1. The National Council shall be directly accountable to the First Nations-in-Assembly.

2. Each member of the National Council shall: a) sign a Code of Conduct and Conflict of Interest Declaration; b) comply with all policies and procedures of the AFN; and AFN Charter Revised c) support and assist in the implementation of the National First Nations Agenda. E —

Regional Chiefs PPENDIX Article 21: Function and Authority A 1. The Regional Chiefs shall act as the Regional Representatives on the National Council, and as members of the Board of Directors of the AFN Secretariat.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 147 2. The Regional Chiefs are an integral part of the National Council and together with the National Chief shall take direction from the First Nations-in-Assembly.

3. Each Regional Chief shall make regular political reports to the First Nations leadership in his

Revised AFN Charter Revised or her region and shall ensure that such reports are communicated to the First Nations-in- Assembly.

E — 4. Each Regional Chief is the spokesperson for the Assembly of First Nations in his or her respective Region and shall make all representations consistent with First Nations-in-Assembly decisions.

PPENDIX 5. Each Regional Chief shall attend all meetings of the National Council, the Board of A Directors of the AFN Secretariat and the First Nations-in-Assembly.

Article 22: Accountability 1. The Regional Chiefs are accountable to the First Nations-in-Assembly, the National Council and to the First Nations in their respective regions for all aspects of their official activities.

2. Upon assuming office, the Regional Chiefs shall: a) sign a Code of Conduct, an Oath of Office and a Conflict of Interest Declaration; b) comply with all policies and procedures of the AFN; and c) support and assist in the implementation of the National First Nations Agenda.

Article 23: Elections and Terms of Office 1. The Regional Chiefs shall be elected by the citizens in their Regions, or shall be selected in accordance with rules established by their Regions. The term of office for a Regional Chief shall be three years, subject to 23 (3) below. There shall be ten Regional Chiefs, one each from the following ten Regions: • British Columbia • Alberta • Saskatchewan • Manitoba • Ontario • Quebec and Labrador • Nova Scotia and Newfoundland • New Brunswick and Prince Edward Island • Northwest Territories • Yukon Territory

2. Each Region may determine their own process for its own process for recall and removal of their Regional Chief.

3. Where a Region chooses to elect their Regional Chief through a regional election open to all the First Nation Electors resident in the region, and which conforms to the same term as the Office of National Chief, and is held on the same day as the national election for the Office of National Chief, all reasonable costs of a regional election will be borne by the AFN Secretariat.

148 AFN Renewal Commission Report 2005 Circle of Elders Article 24: Composition and Selection 1. The Circle of Elders shall consist of twenty Elders, a male and female from each Region selected in accordance with rules established by their Region.

2. The Circle of Elders shall appoint a male and female Co-Chair to preside jointly over meetings of the Circle of Elders.

Article 25: Term of Office The term of each Elder’s appointment must not be less than one year, and must not exceed four years.

Article 26: Role and Mandate 1. Any member of the Circle of Elders may participate in any meeting of the First Nations-in- Assembly without the right to vote.

2. The role and mandate of the members of the Circle of Elders is advisory and non-political.

3. The Circle of Elders may be utilized to resolve disputes within the AFN, or between Assembly Delegates. The Circle of Elders may provide assistance to the First Nations-in- Assembly to build consensus on any motion or resolution.

4. The Circle of Elders may discuss any question or any matter within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and may make recommendations to the National Council and the First Nations-in- Assembly.

Women’s Council Article 27: Composition

1. The Women’s Council shall consist of ten women, one from each Region selected in AFN Charter Revised accordance with rules established by their Region.

2. The Women’s Council shall appoint its own Chairperson. E — PPENDIX A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 149 Article 28: Term of Office The term of each Council member’s appointment must not be less than one year, and must not exceed four years. Revised AFN Charter Revised

E — Article 29: Role and Mandate 1. Any member of the Women’s Council may participate in meetings of the First Nations-in- Assembly without the right to vote. PPENDIX A 2. The Women’s Council may discuss any question or any matter within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and may make reports and recommendations to the National Council and the First Nations-in-Assembly.

3. The Women’s Council shall assist the Assembly of First Nations in liaising with First Nation women’s organizations, in considering the interests of First Nations women and how women are affected by the decisions and actions of the Assembly of First Nations.

Youth Council Article 30: Composition 1. The Youth Council shall consist of twenty youths, ages 16 to 21 years, a male and female from each Region selected in accordance with rules established by their Region.

2. The Youth Council shall appoint a male and female Co-Chair to preside jointly over its meetings.

Article 31: Term of Office The term of each Council member’s appointment must not be less than one year, and must not exceed four years. Where a member reaches the age of 22 at anytime during the term of his or her office, the member shall resign from their post forthwith.

Article 32: Role and Mandate 1. The Youth Council may discuss any question or any matter within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and may make recommendations to the National Council and the First Nations-in- Assembly.

2. Any member of the Youth Council may participate in meetings of the First Nations-in- Assembly without the right to vote.

150 AFN Renewal Commission Report 2005 The AFN Secretariat Article 33: Composition 1. The Board of Directors of the AFN Secretariat shall consist of the National Chief and ten Regional Chiefs.

2. The National Chief shall act as the Chair of the Board of Directors of the AFN Secretariat.

3. The Chief Executive Officer shall manage the day-to-day operations of the AFN Secretariat, and report to the Board of Directors and carry out such duties as he or she may be directed by the Board of Directors or as required by the policies of the Assembly of First Nations.

Article 34: Transitional Provisions 1. The AFN Secretariat, a body to be incorporated under the laws of Canada under the name “Assembly of First Nations Secretariat” following the adoption of this Charter, shall consist of a Board of Directors, Chief Executive Officer, Chief Financial Officer and all employees, and all Departments of the AFN which may exist from time to time.

2. Until such time as the AFN Secretariat is incorporated and operating, the National Indian Brotherhood shall carry out the duties of the AFN Secretariat described in this Charter.

Article 35: Role and Mandate 1. The AFN Secretariat shall at all times carry out its duties to implement the decisions of the First Nations-in-Assembly and those of the National Council and shall operate in accordance with its by-laws.

2. The AFN Secretariat shall provide administrative, technical and support services to the First Nations-in-Assembly.

3. The AFN Secretariat shall receive, administer and distribute monies and transact business and engage in such activities as are ancillary to, or necessary for, the realization of the decisions of the First Nations-in-Assembly and the National Council. Revised AFN Charter Revised Chief Electoral Officer Article 36: Appointment and Duties E — 1. The First Nations-in-Assembly shall appoint a Chief Electoral Officer at an Annual General Assembly 12 months prior to the election of the National Chief. PPENDIX A 2. The Chief Electoral Officer shall be independent and impartial in the performance of his or her duties and shall be accountable to the First Nations-in-Assembly.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 151 3. The Chief Electoral Officer shall oversee all aspects of the national election for the National Chief in accordance with this Charter and the Electoral Rules, annexed to and forming part of this Charter. Revised AFN Charter Revised

The Auditor General E — Article 37: Appointment and Duties 1. The First Nations-in-Assembly shall appoint or re-appoint an Auditor General for a term of

PPENDIX four years at each Annual General Assembly in the years in which a national election for the A Office of National Chief is to be held.

2. In the event of the absence or incapacity of the Auditor General or if the office of the Auditor General is vacant for any reason, the National Council may appoint a person to perform the duties of the Auditor General for the balance of the term.

3. The Auditor General shall be independent in the performance of his or her duties and shall be accountable to the First Nations-in-Assembly.

Article 38: Role and Mandate 1. The Auditor General shall make such examinations and inquiries as he or she considers necessary to enable him or her to report to the First Nations-in-Assembly in accordance with the duties of the Auditor General under this Charter.

2. The Auditor General is responsible for: a) monitoring, investigating and reviewing the operations of the Assembly of First Nations as well as the performance and implementation of Assembly of First Nations’ mandates, resolutions, and policies in accordance with direction provided by the First Nations-in- Assembly; b) reviewing and monitoring the compliance of officers of the Assembly of First Nations with Oaths of Office, Codes of Conduct and Conflict of Interest and other AFN policies; c) monitoring, investigating and reporting on the operations and accounts of First Nation institutions that have, as a condition of receiving the support of the AFN for their establishment and ongoing operation, agreed to be subject to the Auditor General’s investigative powers; d) reporting to the First Nations-in-Assembly on the results of any investigation, review or audit, and recommend appropriate action or sanctions; e) reporting on matters of ethics relating to the National Council, employees, contractors or officers of the Assembly of First Nations.

3. The Auditor General shall have free access at all reasonable times to information, reports, records or documents held by any AFN office holder, employee or contractor in the course of their duties or responsibilities as an AFN office holder, employee or contractor.

4. The Auditor General shall have free access at all reasonable times to information, reports, records or documents held by any person or organization relating to funds the person or organization has received from the Assembly of First Nations so long as that information relates to the fulfilment of the Auditor General’s duties, responsibilities or functions under

152 AFN Renewal Commission Report 2005 this Charter, and in this regard the Auditor General may also request explanations from such persons.

5. Before the Assembly of First Nations extends political or other support to any organization, institution or body, incorporated or not incorporated, the Assembly of First Nations shall require an agreement to be entered into concerning the accountability to the First Nations-in-Assembly, of any such organization, institution or body, incorporated or not incorporated.

6. Where an institution wishes to appeal a ruling of the Auditor General, an appeal shall be made in prescribed form to the First Nations-in-Assembly. The appeal decision of the First Nations-in-Assembly shall be final.

Article 39: Amendment 1. This Charter (which includes the Standing Rules of Procedure and Electoral Rules for the Office of the National Chief) may be amended by acclamation, consensus or by a positive vote of 60% or more of Assembly Delegates voting in the Designated Seating Area and subject to the requirements of Article 8 (Decision-Making and Quorum for Decision- Making) being met. In the case of a proposed amendment to the Charter at least 60 days written Notice must be provided to all member First Nations in advance of the Session at which such amendment is to be considered by the First Nations-in-Assembly.

2. Any proposal to amend the Charter must be placed as the first order of business following adoption of the agenda, at the Session at which it is to be discussed.

Article 40: Coming into Force and Effect 1. This Charter comes into force and is effective immediately upon adoption, but the National Chief holding office at the time of adoption shall serve out the remainder of his or her term of office.

2. This Charter is adopted by the Assembly Delegates of the member First Nations assembled in the Territory of ______on this ____ day of ______, 200___. Revised AFN Charter Revised E — PPENDIX A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 153 Appendix F Code of Conduct Code of Conduct of Code

— AFN Code of Conduct for the National Council First Nations citizens are entitled to have fair, ethical and account- vi. Personal Conduct able regional and national representatives. Such representation requires The National and Regional Chiefs shall refrain from abusive con- that the National and Regional Chiefs to: duct, personal charges or verbal attacks upon the character or motives PPENDIX F • Comply with both the letter and the spirit of the AFN policies of other AFN representatives, staff or the public. A and corporate by-laws affecting operations of the organization. • Be independent, impartial and fair in their judgment and actions. • Use their office for the good of First Nations communities, not vii. Comply with the Law for personal gain. The National and Regional Chiefs shall comply with the federal, • Conduct deliberations and processes openly, unless legally confi- provincial, territorial and applicable First Nations laws in the perform- dential, in an atmosphere of respect and consideration. ance of their duties.

To this end, the AFN has adopted this Code of Conduct to encourage public confidence in the integrity of the AFN and its fair and effective operation. viii. Communication The National and Regional Chiefs shall sign this Code at the Annu- It is the responsibility of the National and Regional Chiefs to share al General Assembly, following the national election, as a symbol of each substantive information that is relevant to a matter under consideration Chief’s commitment to maintaining First Nations trust and credibility. that they have received from sources outside of the AFN decision-making process with all other AFN representatives.

i. Act in the National Interest Recognizing that the national, collective interests of First Nations ix. Conflict of Interest communities must be their primary concern, the National and Region- The National and Regional Chiefs shall file written disclosures of al Chiefs shall work for the common good of the all First Nations com- their economic interest and if they have a conflict of interest regarding munities and not for any regional interest. a particular decision, refrain from participating in that decision unless specific permission is granted.

ii. Advocacy To the best of their ability, the National and Regional Chiefs shall x. Gifts and Favours represent the official policies and positions of the AFN. When present- The National and Regional Chiefs shall not take advantage of ing their personal opinions or positions, members shall explicitly state services or opportunities for personal gain by virtue of their public that they do not represent the AFN. office that are not available to the public in general. They shall refrain from accepting gifts, favours or promises of future benefits that might compromise their independence of judgment or action or give the iii. Representation of Private Interests appearance of being compromised. The National Chief and Regional In keeping with their role as representatives of the First Nations Chiefs may accept gifts where it is the customary protocol for a First communities, the National and Regional Chiefs shall not appear on Nation community. behalf of the private interests of a third-party before the AFN.

xi. Confidential Information iv. Traditional Values The National and Regional Chiefs shall respect and preserve the The National and Regional Chiefs entering office shall participate in confidentiality of information provided to them concerning the confi- an orientation which teaches traditional values and sign a statement dential matters of the AFN. They shall neither disclose confidential affirming that they have read, understood and will abide by the Tradi- information without proper legal authorization nor use such informa- tional Values statement (to be developed). tion to advance their personal, financial or private interests. I affirm that I have read and understand the AFN Code of Conduct. Failure to abide by these standards may result in disciplinary action. v. Respect for Process The duties of the National and Regional Chiefs shall be conducted in accordance with the AFN processes as outlined in the AFN Charter, Signature: ______the Rules of Procedure as well as the national and regional Traditional Codes of Conduct for Assemblies (to be developed). Date: ______

154 AFN Renewal Commission Report 2005 Appendix G Oath(s) of Office

Oath of Office for National Chief

I, ______, having been elected the National Chief of the Assembly of First Nations do solemnly swear (or affirm) that I will faithfully discharge the duties of

the office upon which I am about to enter.

I will fulfil these duties as they are outlined in the AFN Charter to the best of my abilities and in

accordance with the principles of unity, respect, and cooperation.

I will function as a collective member of the National Council, refrain from taking individual

action and will place the needs of the First Nations-in-Assembly before my own.

I agree to exercise my authority on behalf of the First Nations-in-Assembly consistent with the true

spirit and intent of the delegated mandates passed by First Nations-in-Assembly resolutions.

I am accountable to the First Nations-in-Assembly, shall report to and take direction from the

National Council and the First Nations-in-Assembly. Oath(s) of Office of Oath(s)

Chairperson of the Circle of Elders G —

National Chief PPENDIX A

This ___ day of ______, year ______in the Territory of ______Nation.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 155 Oath of Office for AFN Regional Chiefs Oath(s) of Office of Oath(s)

______, having been elected a Regional Chief with the G — I, Assembly of First Nations, for the Region of ______, do solemnly swear

(or affirm) that I will faithfully discharge the duties of the office upon which I am about to enter. PPENDIX A

I will fulfil these duties as they are outlined in the AFN Charter to the best of my abilities and in accordance with the principles of unity, respect, and cooperation.

I will function as a collective member of the National Council, refrain from taking individual action and will place the needs of the First Nations-in-Assembly before my own.

I will discharge my duties and responsibilities under the framework of a national and international agenda.

I will carry out my portfolio functions to the best of my ability and in the interests of the national agenda.

I agree to make representations on behalf of First Nations communities consistent with properly delegated mandates outlined by the First Nations-in-Assembly resolutions.

I agree to bring to the attention of First Nations and the First Nations-in-Assembly any matter which, in my opinion may jeopardise the security, survival, rights, aspirations and jurisdiction of First Nations.

I will adhere to the AFN Code of Conduct and Conflict of Interest Policy.

I agree to be present at all meetings of the National Council and other bodies as required and understand that sanctions may be imposed for non-attendance.

In implementing the decisions of the First Nations-in-Assembly, I agree to comply in all cases with the true spirit and intent of the delegation.

I am accountable to, shall report to, and take direction from the National Council and the First Nations-in-Assembly.

Chairperson of the Circle of Elders

Regional Chief

This ___ day of ______, year ______in the Territory of ______Nation.

156 AFN Renewal Commission Report 2005 Appendix H Conflict of Interest Declaration

Conflict of Interest Policy

1.0 Authority This policy is issued under the authority of the National Council of h)Shall endeavour to uphold the highest ethical standards to maintain the Assembly of First Nations. It was approved by the Council at its and enhance the confidence and trust of First Nations, their govern- meeting ______. ments and citizens and of the general public in the integrity and good governance of the Assembly of First Nations and all of its con- 2.0 Purpose and Scope stituent bodies. The purpose of the policy is to ensure the integrity and accountabil- 4.2 ity of all members of the National Council by: If for any reason, a conflict of interest does arise between the private • establishing clear rules regarding conflict of interest; interests of a National Council member and the official duties and • minimizing the potential for conflict of interest; and responsibilities of that National Council member, the conflict shall be • creating a fair and effective process for determining and resolving resolved in favour of the public interest. “Public interest” means the col- conflicts of interest. lective interests of First Nations, their governments and citizens. This policy applies to all members of the National Council. 5.0 Avoiding Conflict of Interest 3.0 Definition of Conflict of Interest Every National Council member shall withdraw from any activity, In general, a conflict of interest occurs when a National Council vote, decision-making process or situation that would place him/her in member acts, votes, uses information or makes a decision in the course a real or potential conflict of interest relative to his/her official duties of his/her official duties to further his/her own personal interest(s) or to and responsibilities. achieve a personal gain. Every National Council member shall endeavour to minimize the potential for conflicts arising between his/her private interests and 4.0 Policy Principles his/her public duties. 4.1 Every National Council member shall declare in advance his/her Every National Council member: awareness of a real or potential conflict of interest and seek guidance a) Shall perform his/her official duties and arrange his/her private from the Finance Committee on whether a conflict of interest exists or business affairs in a manner which promotes confidence and could potentially arise, and shall comply with any instructions from the trust in his/her honesty, integrity, objectivity and impartiality; Finance Committee in order to avoid or resolve any conflict of interest. b) Shall not influence or attempt to influence decisions or votes in Upon following such instructions, a National Council member which he/she has a personal, direct or indirect financial interest; shall be deemed to be in compliance with this policy in respect of the c) Shall not participate in discussions of, or vote on, any questions matter raised. if this would result in a conflict of interest or the appearance of a conflict of interest; 6.0 Certification d) Shall not undertake activities whereby his/her private interests Upon election or appointment, National Council members must Conflict of Interest Declaration Interest of Conflict would conflict with official duties; sign a document certifying that they have read, understood and agree to e) Shall not solicit or accept favours or personal or financial bene- comply with this policy. fit from organizations or individuals who have dealings with the AFN. This does not include gifts made under customary hospi- 7.0 Disclosure Statement H — tality practices of a First Nation; Every individual, within 30 days of taking office as a member of the f) Shall not take advantage of, or derive personal benefit from National Council, shall provide a confidential written statement to the information that is obtained in the course of his/her official Auditor General of the AFN Secretariat disclosing: PPENDIX

duties and responsibilities that would not be generally available • all of his/her interests in partnerships, proprietorships, joint ven- A to First Nations people or the general public; tures, private companies and family businesses that do business g) Shall not give preferential treatment, or seek preferential treat- with First Nations, the AFN or its constituent bodies; and ment on any official matter, for family members or friends or • any other assets or liabilities that could result in a real or poten- organizations, companies or associations in which his/her family tial conflict of interest due to the nature of the Executive Com- member or friend has an interest; and mittee member’s, or employee’s, duties and responsibilities.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 157 8.0 Annual Review 12.0 Allegations and Determination All National Council members shall review their obligations under of Conflicts of Interest this policy at least once a year. The Auditor General shall prepare and forward a report on any allegations of conflict of interest to the Finance Committee. 9.0 Confidentiality of Reports The Finance Committee has the responsibility of investigating and Information provided to the Auditor General under 7.0 above con- determining if a breach of this policy has occurred with respect to concerning the private interests of National Council members shall be flict of interest. treated in strict confidence and used only for purposes strictly related to The person alleging a conflict of interest has the responsibility of this policy. providing evidence of the conflict of interest. The person subject to the Such information shall be kept in secured safekeeping in special per- allegation has the right to see the evidence and to defend himself/her-

Conflict of Interest Declaration Interest of Conflict sonal files created for this purpose and shall be secured and managed in self against the allegation. compliance with applicable privacy laws. The Finance Committee may dismiss an allegation if it finds that the conflict of interest was unintentional or represented an error in judgment.

H — 10.0 Conflict of Interest Coordinator The AFN Secretariat Auditor General is designated by this policy as the Conflict of Interest Coordinator and shall: 13.0 Consequences of Findings of Conflict of Interest a) ensure that National Council members are informed of their If the Finance Committee determines that a conflict of interest has

PPENDIX obligations under this policy and provide the necessary certifica- occurred under the terms of this policy, it has the following options:

A tion of this fact; • To refer the matter for appropriate disciplinary action to the b) obtain and maintain in secured safekeeping the confidential dis- provincial, territorial or regional organization which elected or closure forms referred to in 7.0 above; appointed the National Council member against whom a deter- c) treat any information provided under this policy in strict confi- mination of conflict of interest has been made dence to be used only for purposes of this policy; • To require the National Council member to make restitution to d) inform National Council members of any concerns arising from the AFN if the conflict of interest involved a personal financial an analysis of information provided under this policy; gain e) ensure compliance with this policy and applicable privacy laws; • To refer the matter to the police if it appears to involve criminal f) recommend a course of action and/or provide guidance to avoid activity a conflict of interest; and g) prepare a report on and refer all allegations of conflict of interest 14.0 Appeals to the AFN Secretariat Finance Committee. An appeal of a decision of the Finance Committee against a National Council member under this policy may be made to the 11.0 Resolution of Disagreement National Council only in a situation where new evidence is produced Disagreements involving the Conflict of Interest Coordinator and a which may prove innocence or which may establish that the alleged National Council member on the interpretation of this policy or on the conflict of interest was accidental or represented an error in judgment arrangements necessary to ensure compliance with it shall be resolved that is not likely to be repeated. by the Finance Committee whose decision will be final.

Signature: ______

Witness: ______

Date: ______

158 AFN Renewal Commission Report 2005 Appendix I AFN Standing Rules of Procedures for Assemblies

Assembly of First Nations Standing Rules of Procedure for Assemblies

Registration 1. Every person attending an Assembly, other than members of the Assembly of First Nations (AFN) staff, shall register in one of the following categories and pay any registration fees established by the National Council for that category: • Chief • Proxy Holder • Participatory Representative • Elder • Elders’ Helper • National Council member • Women’s Council representative • Youth Council representative • Guest • Media • Observer

2. No person may be registered in more than one category.

3. No person, other than members of the AFN staff, shall be admitted to an Assembly unless duly registered.

Chief 4. Subject to Rule 5, any person whose name is on the list of Chiefs of member First Nations

maintained by the AFN Secretariat (“First Nations Chiefs List”) may register at an Assembly as Assemblies for Procedures of AFN Standing Rules the Chief of his or her First Nation and shall be the representative of the member First Nation.

5. Where an election or other leadership selection process has resulted in a change in the office I — of Chief of a member First Nation and this change has not been reflected in the First Nations Chiefs List, a person presenting himself or herself for registration as a Chief may establish his or her credentials by presenting a letter from the electoral officer of the First Nation, or other PPENDIX

verifiable proof, that confirms his or her position as Chief of a member First Nation. A

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 159 Participatory Representatives of First Nations 6. A person who, a) holds office either, as a hereditary Chief, traditional leader of a member First Nation, Grand Chief, head of a First Nation provincial/territorial political organization or head of a tribal council and as such may speak on any Agenda item; or b) is the head of a Treaty group or of a First Nation organization or association with which the Assembly of First Nations has entered into a written protocol that allows for invitations to be extended to such persons to attend and be permitted to speak at Assemblies on specific issues, as authorized by the Protocol, may register as a Participatory Representative.

AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules Proxies and Proxy Holders 7. A proxy may be issued by a member First Nation to any person, 18 years of age or older, who is a citizen of a member First Nation in the same region as the issuing First Nation. I —

8. A proxy must: a) be in writing in the form of a duly executed Resolution of the Council or Government of the member First Nation or a letter signed by the Chief of the member First Nation; PPENDIX

A b) clearly name the person appointed as Proxy Holder; c) indicate in which First Nation the Proxy Holder has citizenship; d) indicate a term (the meeting or meetings of a given Session to which the authority of the Proxy Holder extends).

9. If no term is indicated in the proxy, the Proxy Holder shall be deemed to have authority to speak and vote on behalf of the issuing member First Nation for the whole of the Session for which the proxy was issued.

10. A legible faxed copy of a valid proxy may be accepted.

11. A person eligible to hold a proxy and presenting a duly executed proxy in his or her name may register as a Proxy Holder.

12. No First Nation may issue more than one proxy per meeting.

13. A Proxy Holder may not delegate or assign his or her proxy to another person.

Elders 14. A person may register as an Elder if he or she is a member of the Circle of Elders or is recognized as an Elder by his or her First Nation.

Elder’s Helpers 15. Where a person registering as an Elder is accompanied by a Helper, the Helper may be registered as an Elders’ Helper.

160 AFN Renewal Commission Report 2005 Women’s Council Representatives 16. Each person holding office as a member of the Women’s Council may register as a Women’s Council representative.

Youth Council Representatives 17. Each person holding office as a member of the Youth Council may register as a Youth Council representative.

Guests 18. A person who has been invited in writing by a member of the National Council to attend an Assembly may register as a Guest.

Media 19. A reporter, journalist or other member of the print or electronic media may apply to be registered as Media upon presenting proof of his or her credentials to the Registration Coordinator.

Observers 20. Any person other than a person registering as a Chief, Proxy Holder, Participatory Representative, Elder, Elder’s Helper, National Council member, Women’s Council representative, Youth Council representative, Media or Guest may apply to register as an Observer. The decision of the Registration Coordinator on whether to grant such application shall be final.

Assembly Delegates 21. An Assembly Delegate means a Chief or a Proxy Holder registered in a Session of the First Nations-in-Assembly in accordance with these Rules.

Disputes over Registration AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules 22. Any dispute regarding registration must be referred to the Registration Coordinator, whose decision may be appealed to the Speaker. I —

Representation and Participation in Assembly Deliberations PPENDIX A 23. Each member First Nation may be represented by a single Assembly Delegate (who shall be either the Chief or a Proxy Holder of the member First Nation only) for the purposes of

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 161 speaking or voting on any question, moving or seconding a motion or otherwise participating in the deliberations of any Assembly.

24. Participatory Representatives may attend any meeting of a Session and may address an Assembly in accordance with the AFN Charter, these Rules and any Protocol Agreement with the AFN but do not have the right to vote on any question before an Assembly.

Assembly Hall 25. For admission to the Assembly Hall and to facilitate identification and seating, Chiefs, Proxy Holders, Participatory Representatives, and others shall be required to wear the badge issued by the Registration staff. Elders may be exempted from this rule.

AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules 26. Elders and Assembly Delegates will be given priority access to seating in the Assembly Hall. Only Assembly Delegates may be in the seating area designated for Assembly Delegates (the Designated Seating Area). I —

PPENDIX Sessions A 27. Each Assembly, whether an Annual General Assembly, a General Assembly or Special Assembly constitutes a single Session.

28. Notice of the time, place and purpose of a Session must be mailed to each member First Nation 90 days in advance.

29. All Sessions will normally start at 9:00 A.M. and normally will conclude at 5 P.M., and will normally last for three days.

30. The Speaker may recess or adjourn a Session at any time at his or her discretion. When announcing a recess or adjournment, the Speaker will specify the time and place that the Session will resume.

Quorum 31. Quorum to open a meeting and to adopt an agenda is a simple majority of the Assembly Delegates present in the Designated Seating Area of the Assembly Hall.

32. The Speaker may call a meeting to order, upon quorum being present.

33. When the number of Assembly Delegates in the Designated Seating Area is less than 10% of the total number of member First Nations, no vote may be taken, and the Speaker shall so inform the Assembly.

34. The Registration Coordinator shall advise the Speaker of the number of Assembly Delegates one hour after the Call to Order of a meeting.

162 AFN Renewal Commission Report 2005 35. When the Registration Coordinator is aware that the number of Assembly Delegates has changed significantly since the last report, the Registration Coordinator shall notify the Speaker of the change.

Assembly Rules and Agenda 36. Following the Call to Order on the first day of a Session, the opening prayer by the Elder and other opening ceremonies, the Speaker shall briefly review the Standing Rules of Procedure and ensure that copies of the Charter and the Standing Rules of Procedure are available to any Assembly Delegate wishing to review them.

37. The Draft Agenda must be adopted by motion at the beginning of a Session following the opening ceremonies.

38. Any proposal to amend the Charter shall be the first order of business on the agenda following adoption of the agenda.

39. The Agenda, as adopted, must be followed unless the Assembly, on a motion properly moved and seconded, decides by acclamation, consensus or a two-thirds vote in favour of the motion, to set any part of the Agenda aside for a day or a part of a day.

40. Any Assembly Delegate may make a motion to adjourn the Session. If business from the Agenda as adopted, is pending, a motion to adjourn, properly moved and seconded, may be carried by acclamation, consensus or a two-thirds vote in favour of the motion provided that the time for the next Session has been decided by the Assembly or otherwise set by the Charter.

Record of Proceedings 41. A Record of Proceedings must be maintained and include: a) the number and name of the Session (e.g. AFN VIIth Special Session; XXVth Annual General Assembly); b) dates and place of the Session; c) the names of the Speakers; d) the names of the members of the National Council; e) the hours of meeting and adjournment; f) resolutions adopted and how adopted (e.g. acclamation, consensus, voting results). AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules Assembly Documents

42. Assembly Delegates may submit documents for consideration by the Assembly, such as draft I — Resolutions, written in a First Nation language or script, provided it is accompanied by either an English language or a French language translation. PPENDIX

43. All documents to be distributed to Assembly Delegates as documents of the AFN in any A Session of the First Nations-in-Assembly must be available in both the English and French languages prior to their distribution.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 163 Speakers

Appointment 44. The National Council shall appoint the Speaker and Deputy Speaker in sufficient time prior to a Session to allow each to prepare for their responsibilities. At least one of the Speaker and Deputy Speaker shall speak both the English and French languages fluently.

Duties 45. The Speaker is the presiding officer for the Session and has overall responsibility for the

AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules conduct of the Session. The Speaker must preserve order and decorum throughout the Session.

I — Authority 46. The Speaker shall decide questions of order and of privilege and, in doing so, may consult with legal counsel. PPENDIX A

Orderly Conduct 47. Every person in attendance must conduct himself or herself in a manner that respects the honour and decorum of the Assembly.

48. No person shall be allowed in the Session while under the influence of alcohol or drugs.

49. The Speaker may order the eviction of any person disrupting the proceedings, may prohibit him or her from re-entering the Session at any time and may call upon the assistance of the Security Officers to enforce any such orders.

Resolutions

Resolutions Committee 50. The National Chief, with the advice of the Regional Chiefs and the Speakers, will establish a Resolutions Committee, consisting of technical and legal advisors for the purpose of reviewing resolutions before they are presented on the floor.

Form and Time Requirements 51. In order to be considered by an Assembly, every draft Resolution must: a) be in written form; b) contain the names of the proposed mover and seconder, who must be Assembly Delegates; c) clearly set out its purpose and intent; and

164 AFN Renewal Commission Report 2005 d) have been received by the Assembly of First Nations Chief Executive Officer at least 45 days before the first day of the Assembly for which it is intended to be discussed, in order to allow for its review by the Resolutions Committee prior to consideration by the Assembly.

52. Only for matters of urgency that cannot be accommodated within the regular deadline for submission of draft Resolutions in Rule 50, may Assembly Delegates submit draft Resolutions meeting the form requirements of Rule 50 to the Resolutions Committee no later than 3 P.M. on the second day of a three day Session or some other appropriate time as may be determined by the Speaker.

53. Upon the opening of an Assembly, each Assembly Delegate who has submitted a draft Resolution in accordance with these Rules shall be given an opportunity to explain it to the Resolution Committee if he or she so requests.

Duties of the Resolutions Committee 54. Upon receiving a draft Resolution, the Resolutions Committee shall conduct a review to ensure: a) form and time requirements have been met; b) the content of the draft Resolution is consistent with the aims and aspirations of the Assembly of First Nations (e.g. as set out in the Charter) and to determine if there are elements that could prevent consensus; c) the draft Resolution does not conflict with past resolutions or, if there is a conflict that the proposed change is clearly stated as an intent or a purpose of the draft resolution; and d) the draft Resolution is not in conflict with a draft resolution already submitted in the current Session.

55. In cases where the Resolutions Committee determines that two or more draft Resolutions may be combined, the respective movers and seconders may be approached to discuss the potential for a unified draft Resolution.

56. The Resolutions Committee may: a) advise the proposed mover and seconder of substantive or procedural irregularities in any draft Resolution that could impede the Assembly’s ability to arrive at a consensus on the resolution and otherwise provide assistance in revising draft Resolutions that have been presented in writing to the Resolutions Committee in accordance with these Rules; b) make recommendations to the mover and seconder on revisions that may assist in the adoption and implementation of the draft Resolution; and c) if necessary, take steps to facilitate agreement.

57. Following its review of all draft Resolutions received in accordance with these Rules, the Assemblies for Procedures of AFN Standing Rules Resolutions Committee shall inform the Speaker of its recommendations on whether or not each draft Resolution should be placed before the Assembly and likewise shall make its report

to the Assembly. If the Resolutions Committee recommends against placing a draft Resolution I — before the Assembly, the Committee shall provide the Speaker and the Assembly the reasons for its recommendation. The Assembly shall have the final decision on whether any draft Resolution is in a form acceptable for the question to be called. PPENDIX A 58. Where there is any inconsistency or conflict between two Resolutions that have been duly adopted by the First Nations-in-Assembly, the Resolution adopted at a later date shall take precedence over any Resolution adopted earlier to the extent of the inconsistency or conflict.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 165 Conduct of Discussion in Assemblies 59. Only Assembly Delegates, Participatory Representatives and Officers of the AFN may address an Assembly. Any invited guest speakers who are not Assembly Delegates, Participatory Representatives or Officers of the AFN must be identified on the Agenda as adopted by the Assembly in order to speak. Any other persons may only address the Assembly upon a motion made by an Assembly Delegate and agreed to unanimously by the Assembly without debate or discussion.

60. An Assembly Delegate, Participatory Representative or Officer of the AFN who seeks to address the Assembly shall rise and address the Speaker, and upon being recognized by the Speaker shall have the floor and use any available microphone.

AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules 61. No person shall address the Assembly unless the person is first recognized by the Speaker.

62. Upon being recognized by the Speaker, each person shall identify himself or herself and his or I — her First Nation or other affiliation, as the case may be, before addressing the Assembly.

63. Assembly Delegates and other persons recognized by the Speaker in accordance with these Rules may not address one another directly in the proceedings of the Assembly. All remarks PPENDIX

A must be addressed to the Speaker.

64. Where a member First Nation has appointed a Proxy Holder to speak for either a portion or for all of an Assembly, only the Proxy Holder may exercise the member First Nation’s right to speak during the relevant meeting or meetings of the Assembly, unless otherwise permitted by the Speaker. Where a member First Nation has appointed a Proxy Holder to vote on its behalf for either a portion or for all of an Assembly, only the Proxy Holder may exercise the member First Nation’s right to vote during the relevant meeting of the Assembly.

65. In discussion, Assembly Delegates and other persons recognized by the Speaker in accordance with these Rules shall confine their remarks to the question before the Assembly, and shall not engage in personal attacks or question the motives of other Assembly Delegates.

66. If any Assembly Delegate objects, an Assembly Delegate or Participatory Representative who has the floor may not read lengthy extracts from any paper or book as part of his or her speech, without permission of the Assembly. An Assembly Delegate or Participatory Representative may, however, read or quote short, pertinent extracts from a book or paper in discussion of a question before the Assembly.

67. In discussion, an Assembly Delegate cannot speak adversely on any prior decision or resolution of the Assembly of First Nations, unless the decision or resolution is before the Assembly for reconsideration, amendment or rescission, or unless the Assembly Delegate intends to conclude his or her remarks by giving notice of such a motion.

68. When any person has the floor, and especially when the Speaker is addressing the Assembly and during discussion and deliberation by the Assembly, all persons present in the Assembly Hall shall refrain as much as possible from talking or whispering when they do not have the floor or from walking across the Assembly floor in a way that disturbs the Assembly or hampers the business of the Assembly.

166 AFN Renewal Commission Report 2005 Motions & Resolutions 69. A motion consists of any question put by an Assembly Delegate to the Assembly for its decision by acclamation, consensus or vote in accordance with these Rules.

70. When an Assembly Delegate has the floor, he or she may make a motion when no other motion is pending and when business of the kind represented by the motion is in order (complies with the Agenda as adopted by the Assembly).

71. When a motion deals with a question of substantive business, policy or other significant decision-making by the Assembly (in other words not involving a procedural or minor matter) the motion must take the form of a written draft Resolution before the question can be called and before the Assembly can make a decision on the question by acclamation, consensus or vote.

72. A draft Resolution may only be put before the Assembly for consideration if a written copy of the draft Resolution has been submitted to the AFN Secretariat in advance of the Assembly in accordance with these Rules and reviewed and reported on by the Resolutions Committee.

73. Unless the Speaker indicates otherwise, introduction of a question in the form of a Resolution will be limited to 5 minutes, and subsequent statements by other speakers to 3 minutes each. Following discussion, the Assembly Delegate who introduced the question may re-address the Assembly for 3 minutes.

74. For all other questions (that is, motions not involving resolutions) no Assembly Delegate shall speak more than once on the same question on the same day, or longer than three minutes, without the permission of the Assembly granted by a two-thirds vote without debate.

Decision-Making

Acclamation 75. At his or her discretion, the Speaker may call for adoption of a motion by acclamation, following discussion on the question in accordance with these rules.

76. If when the question is called, there is no opposition and no abstention, the Speaker may declare the motion carried by acclamation.

Consensus or General Agreement Assemblies for Procedures of AFN Standing Rules 77. At his or her discretion, the Speaker may call for adoption of a motion or resolution by

consensus. I —

78. In seeking a consensus, the Speaker may seek the assistance of Elders. PPENDIX

79. Following discussion of the question, the Speaker shall ask if any Assembly Delegate opposes A the motion or resolution. In determining whether a consensus exists, no abstentions can be made or recorded. If no Assembly Delegate speaks in opposition to the motion or resolution, the Speaker may declare the motion or resolution adopted by consensus.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 167 80. If there is no consensus or an amendment to a motion or resolution has been moved and seconded, the Speaker may allow additional time for discussion and again call for adoption of the motion or resolution by consensus.

Amendment of Proposed Resolutions by Consensus 81. Where there is no consensus in regard to a proposed Resolution, a motion to amend a proposed Resolution may be made. The Speaker shall then ask the mover and seconder of the original proposed Resolution if they accept the proposed amendment. If the mover and seconder of the original proposed Resolution so agree, the Speaker shall declare the Resolution as amended adopted by consensus. If the mover and seconder of the original proposed Resolution do not agree to the proposed amendment, the Speaker shall allow a period of discussion (but in no case for longer than 30 minutes per proposed amendment) to seek

AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules consensus on a proposed amendment.

82. Where the Speaker determines that consensus may require some facilitation, the Speaker may I — appoint an ad hoc committee of Elders and the Regional Chiefs from the Regions involved in moving of a proposed Resolution and any amendments to it (that is, the Regional Chiefs of the movers and seconders of the original proposed Resolution and any proposed amendment) to facilitate the consensus-seeking process. PPENDIX A 83. Following discussion and any efforts to facilitate consensus, the Speaker shall again call the question and if the mover and seconder of the original proposed Resolution do not agree, or the Speaker otherwise determines there is a lack of consensus on the proposed amendment, both questions (the original proposed Resolution and any proposed amendments) shall be put to a vote in accordance with these Rules.

Decision by Majority Vote 84. As a last resort, when the Speaker determines that decision by acclamation or consensus is not possible, the question shall be put to a vote.

85. Voting may be by show of hands, by standing, or by any other means the Speaker deems appropriate.

86. When a question has been opened for discussion and no one rises to claim the floor, after the motion is stated by the Speaker, he or she should inquire, “Are you ready for the question?” After a moment’s pause, if no one rises, he or she should put the motion to a vote. If the motion is discussed or amendments are made, the Speaker shall wait until discussion has ceased, and then again state the motion and ask, “Are you ready for the question?”

87. At an Annual General Assembly and at a General Meeting, a motion is carried if 50% plus one or more of the Assembly Delegates present in the Designated Seating Area vote in favour of the motion, unless a larger vote for its adoption is otherwise required by the Charter. No motion shall be carried by a vote unless the number of Assembly Delegates seated in the Designated Seating Area is no less than 10% of the total number of member First Nations.

88. At a Special Assembly a motion to amend the Charter or these Rules or to recall and remove the National Chief is carried when 60% or more of the Assembly Delegates present in the Designated Seating Area vote in favour of the motion, unless some other percentage for its adoption is otherwise required or permitted by the Charter. No motion at a Special Assembly

168 AFN Renewal Commission Report 2005 shall be carried by a vote unless the number of Assembly Delegates seated in the Designated Seating Area is no less than 10% of the total number of member First Nations.

89. While every Assembly Delegate has a duty to represent the views of his or her First Nation, no one can be compelled to vote. An Assembly Delegate may abstain from voting. Assembly Delegates who abstain from the vote will not be counted in calculating the percentage required to carry the motion.

90. Any Assembly Delegate has the right to change his or her vote up to the time the vote is finally announced. After that, an Assembly Delegate can change his or her vote only upon unanimous consent of the Assembly without debate.

91. As a general rule no one can vote on a motion in which he or she has a direct personal or pecuniary interest. This does not prevent an Assembly Delegate from voting for himself or herself for any office or other position, from voting for a delegate or member of a committee, nor from voting when other Assembly Delegates are included with him or her in the motion.

92. The responsibility of announcing, or declaring, the vote rests upon the Speaker. If the Speaker is in doubt as to the result, the Speaker may have the vote taken again. When the vote is taken by voice, by standing or show of hands, the Speaker may require a division of the Assembly by having the affirmative rise and then the negative. Following division, the Speaker shall announce or declare the vote.

93. When the vote is taken by voice, by standing or show of hands, any Assembly Delegate has a right to require a division of the Assembly by having the affirmative rise and then the negative, so that all may see how members vote. Following division, the Speaker shall announce or declare the vote.

94. Where a vote results in a tie, the motion is lost.

95. When the vote has been taken and the Speaker has no doubt as to the result, and no division is called for, the Speaker shall proceed to announce, or declare the vote.

Requests and Inquiries

Points of Information 96. A Point of Information is a request directed to the Speaker, or through the Speaker to another officer or to a member First Nation, for information relevant to the business before the

Assembly and not relating to any question of procedure of the Assembly. Assemblies for Procedures of AFN Standing Rules

97. If an Assembly Delegate wishes to raise a Point of Information directed to an Officer of the

Assembly of First Nations or to another Assembly Delegate who has the floor, the Speaker has I — the discretion to decide whether to interrupt the person who has the floor and direct the inquirer to proceed with his or her request for information. In the case of an Assembly Delegate, he or she may consent or decline to reply to the request for information, and in PPENDIX

either case do so by directing his or remarks to the Speaker. The time consumed will not be A taken out of the time allotted to the Assembly Delegate to whom the Point of Information has been directed.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 169 Points of Order 98. A Point of Order is a request made by an Assembly Delegate for a ruling from the Speaker on whether or not the Charter and these Rules are being breached, and enforcement of the Charter and these Rules as required.

99. A Point of Order must be raised promptly at the time the alleged breach occurs.

100. A Point of Order should be raised before a motion has been seconded and in no case may a Point of Order be raised or dealt with once the Speaker has called the question for the purpose of determining it by acclamation, consensus or vote.

101. A Point of Order takes precedence over any other motion or discussion on the floor at the time it is raised, except a Point of Privilege. AFN Standing Rules of Procedures for Assemblies for Procedures of AFN Standing Rules 102. The Speaker may make a ruling immediately on a Point of Order or may, at his or her discretion, first call on the advice of the Circle of Elders and refer to such other authorities as I — he or she deems useful or necessary before making a ruling to resolve the point in question. The Speaker shall make every effort to resolve a Point of Order as expeditiously and as fairly as possible. PPENDIX

A 103. In cases where the Speaker is in doubt, the Speaker may refer the Point of Order to the judgement of the Assembly, where the point becomes debatable as a question. Where the Speaker refers a Point of Order to the Assembly, the question may be discussed and deliberated upon and the adoption of a new Rule or an amendment to an existing Rule may be made, and is effective immediately, upon a positive vote in favour of the new rule or of the amendment, as the case may be, by 60% or more of the Assembly Delegates in attendance at a duly convened Session of the First Nations-in-Assembly. The decision of the Assembly shall be duly recorded and incorporated into these Rules.

Point of Privilege 104. A Point of Privilege can be raised by an Assembly Delegate where the Assembly Delegate believes a pressing situation is affecting a right or privilege of an individual member First Nation, Assembly Delegate or the Assembly as a whole. (Examples include the adopted Agenda not being followed, or a matter scheduled not being taken up, too much noise or uncomfortable conditions in the Assembly Hall, introduction of a confidential subject that requires the Assembly meeting in camera, etc.).

105. If the matter cannot be taken care of immediately and informally, then the Speaker shall make a ruling on whether the matter is a point of privilege and whether it requires consideration and a ruling before any pending business can be resumed.

Disputes 106. Where an Assembly Delegate wishes to appeal a ruling of the Speaker, he or she shall do so by way of a motion.

107. A decision of the Speaker may be overturned by a simple majority of Assembly Delegates present.

170 AFN Renewal Commission Report 2005 The Speaker GuideSpeaker’s Appendix J TheSpeaker mayallow onlyAssembly Delegates, orParticipating • TheSpeaker maydisallow anyone undertheinfluenceofalcohol • TheSpeaker theproceedings mayevictanyone and disrupting • TheSpeaker setout mustmanagetheAssemblyby therules • TheSpeaker mustassigndutiestotheDeputy Speaker asneces- • TheSpeaker mustensure thatallpreparations fortheAssembly • In order tofacilitateanorderly andproductive meeting, the • TheSpeaker mustdecidequestionsoforder and,indoingso,may • TheSpeaker’s role istomanagediscussionssoasmakethebest • TheSpeaker order mustpreserve throughout the anddecorum • Whenever theSpeaker isfluentinonlyoneofFrench orEnglish, • TheSpeaker andnon-adversarial intheper- mustbenon-partisan • TheSpeaker mustbeknowledgeable aboutandadhere tothe • TheSpeaker mustbeknowledgeable abouttraditionalprotocol • microphone whenoneisavailable). Representatives toaddress theAssembly(such personsmustusea from beingpresent intheAssembly. orconductinghimselfherselfinadisorderlyor drugs, manner, may prohibit himorherfrom re-entering theSession atanytime. under theRules ofProcedure. sary. are inorder as faraspossible. Speaker musthave soleauthorityover thefollowing: consult withlegalcounsel. discussions. inthe possible useofthetimeavailable, butmustnotparticipate conduct oftheSession. Session as thepresiding officerwithoverall responsibility forthe at leastoneDeputy Speaker mustbefluentintheotherlanguage. formance ofhisorherduties. andAFNStandingAFN Charter Rules ofProcedure. procedure. and/or parliamentary - Media Relations - Floor Distribution Coordinator - Security Coordinator - Registration Coordinator - AssemblyCoordinator - Resolutions Committee - Deputy Speaker - Office oftheSpeaker )Recording Staff and Technicians c) ClericalStaff b) Resource Staff a) (including Deputy Speakers) e.g. LegalAdvisors, Researchers, Drafters A Treaty Among Ourselves Returning to the Spirit of Our Peoples Our of Spirit the to Returning Ourselves Among Treaty A Qualities of the Speaker Duties of The Speaker Conduct of Proceedings Disputes Voting Consensus orGeneral Agreement Acclamation At hisorherdiscretion, theSpeaker maycallforadoptionofares- • Unless theSpeaker introduction ofanissue indicatesotherwise, • Where anAssemblyDelegate hasdesignatedaspokespersonto • Every personmustidentifyhimselforherselfandhisherFirst • No personmayaddress theAssemblyunlessheorsheisfirstrec- • AdecisionoftheSpeaker maybeoverturned by asimplemajori- • Where aRegistered Representative ofthe wishestoappealaruling • Registered Representatives whoabstainfrom thevote willnotbe • If atleast50%oftheAssemblyDelegates present andparticipat- • Voting maybeby show ofhands,by standing,orby anyother • WhenitappearstotheSpeaker atachievingcon- thatallefforts • If itappearsthatthere isnoconsensus,theSpeaker mayallow • In seeking a consensusorgeneralagreement, theSpeaker mustask • Where acclamationisnotdesirableorpossible,theSpeaker must • olution by acclamation. address theAssemblyfor3minutes. Registered Representative whointroduced theissuemayre- speakers to3minuteseach.Following debateontheissue, will belimitedto5minutes,andsubsequentstatementsby other permittedby theSpeaker.issue, unlessotherwise right tobeheard onthesamematterduringdebatethat speak toanymatter, hisorher thatAssemblyDelegate forfeits Nation before addressing theAssembly. ognized by theSpeaker. ty ofRegistered Representatives. Speaker, heorshemustdosoby wayofamotion. the motion. percentage requiredcounted incalculatingthenecessary tocarry required by theCharter. shall becarriedunlessalargervote foritsadoptionisotherwise ing atthetimevote iscalledare infavour ofthemotion,it means astheSpeaker deemsappropriate. resolution toavote asthelastresort. sensus orgeneralagreement have failed,theSpeaker mustputthe additional timetobuildconsensusorgeneralagreement. has beenadoptedby consensus. no strong opposition,theSpeaker maydeclare thattheresolution if anyone opposestheconsensusorgeneralagreement. If there is seek consensusorgeneralagreement by theAssembly. Decision-Making 171

APPENDIX J — Speaker’s Guide Electoral Rules Rules Electoral Appendix K Electoral Rules K —

Electoral Rules for the Office of the National Chief

PPENDIX i) reviewing the financial statements disclosed by each can- A 1.0 Appointment of the Chief Electoral Officer 1.1 At least twelve (12) months prior to the termination of the didate, informing each candidate of any violations of term of office for the sitting National Chief, the First Nations- these Rules and reporting to the First Nations-in-Assem- in-Assembly shall appoint by resolution the Chief Electoral bly on the compliance of each candidate with the spend- Officer and specify an appropriate term of office for the Chief ing limits of these Rules; Electoral Officer. j) making arrangements for a public All-Candidates Open 1.2 Upon appointment, the Chief Electoral Officer shall immedi- Forum to take place no less than fourteen (14) days ately assume office. before the first day of the election (the first day polls are 1.3 At all times, the Chief Electoral Officer shall perform his or open) and providing notice of the date, time and location her functions in a completely impartial manner and as an offi- of the All-Candidates Open Forum in writing to each cer of the Assembly of First Nations shall be accountable candidate at the address indicated on the candidate’s directly to the First Nations-in-Assembly and abide by the nomination form and providing public notice of the date, AFN Charter, Rules, policies and procedures. time and location of this event; 1.4 The Chief Electoral Officer can be removed only for cause by k) making available at the All-Candidates Open Forum resolution of the First Nations-in-Assembly. copies of the preliminary financial statement of each candidate including the names of contributors and the 2.0 Functions of the Chief Electoral Officer amounts of their contribution; 2.1 In accordance with the AFN Charter and these Rules, the l) hiring support staff to work at the national and regional Chief Electoral Officer is responsible for: offices to assist in the administration and management of a) planning, developing and administering the election the election process; process for the Office of the National Chief; m) preparing, printing and distributing election materials to b) planning the election budget and the implementation of local electoral officers and Polling Administrators; the election process in a fair, efficient and impartial man- n) establishing rules for the process of tabulating votes and ner; determining what constitutes a spoiled ballot; c) devising nomination forms, receiving nominations for o) administering the process of mail-in votes and reporting candidates for the Office of National Chief, ensuring that the results of the mail-in votes at the same time as the nominations meet with the requirements of these Rules, results of the polling stations; confirming the eligibility of nominees and publishing and p) validating the results tabulated at each polling station and distributing a list of nominees who qualify as candidates; reporting the official results; d) providing public notification of the election dates (the q) recounting ballots upon the application of a candidate period of time the polling stations are open) at least nine- who contests the results of the election and subsequently, ty (90) days before the election; announcing the results of the recount. Such appeal appli- e) providing the public with information on the location, cation by a candidate must be received by the Chief Elec- dates and hours of operation of polling stations for each toral Officer within 14 days of the election and shall Region; include the alleged violation, quoting relevant sections of f) providing the public with information on the mail-in bal- these electoral rules; and lot process along with dates and deadline for the receipt r) submitting a written report on the election including of mail-in ballots; details of results, to the National Council within sixty g) overseeing the registration of electors, the voting process (60) days following the election. and the tabulation of votes; h) receiving a financial statement from each candidate 3.0 Timing of the Election accounting for all moneys raised and spent on the candi- 3.1 The election for the Office of National Chief shall take place date’s election campaign, as well as for contributions no less than sixty (60) calendar days prior to the termination received “in- kind”, and for ensuring such accounting of the term of office for the sitting National Chief. indicates the name of each person, corporation, First 3.2 Polls for the election of the Office of the National Chief shall Nation, organization or association contributing funds or be open over a two-day period from 9:00 A.M. to 5:00 P.M. goods and/or services “in- kind” to the candidate’s elec- local time on dates to be publicly announced by the Chief tion and the amount or value of each such contribution; Electoral Officer.

172 AFN Renewal Commission Report 2005 3.3 The Chief Electoral Officer shall establish and publish a list of nate on the day preceding the first day of the two-day polling polling stations and their location for each First Nation and a period for the election. list of polling stations to be established in urban centres in 5.3 The expenditures of each candidate for his or her campaign each Region, as determined by the Chief Electoral Officer. for the Office of the National Chief must not exceed $100,000. 4.0 Nomination and Eligibility of Candidates 5.4 Each candidate shall maintain records of campaign expenses 4.1 To be eligible as a candidate for National Chief, a person and contributions in order to meet the reporting requirements must be: of these Rules. a) a citizen of a member First Nation, 18 years of age or 5.5 Seven (7) days prior to the All-Candidates Open Forum, each older as of the date for election, and who is registered as candidate for the Office of the National Chief shall submit a an elector on the electors list of his or her First Nation; or certified preliminary financial statement of campaign expens- b) 18 years of age or older as of the date for election who is es and contributions for the candidate’s campaign, to the registered as “Indian” under the Indian Act whether or Chief Electoral Officer, listing the amount of moneys raised not a member of a member First Nation. and spent as of fourteen (14) days prior to the All-Candidates 4.2 The period for submitting nominations of candidates for the Open Forum, and indicating monetary contributions as well Office of the National Chief shall commence sixty (60) days as contributions received “in- kind”, from any person, corpo- prior to the election and shall end by midnight on the forty- ration, First Nation, organization or association, and indicat- fifth (45th) day prior to the two-day polling process for the ing the amount or value of each such contribution in money election as announced by the Chief Electoral Officer under or “in-kind” and the name of the person, corporation, First Rule 3.2. Nation, organization or association who made it. 4.3 Each completed nomination form shall conform with the 5.6 Seven (7) days following the second day of the two-day elec- requirements of these Rules and shall be submitted within the tion, each candidate shall submit a final financial statement of deadlines established by these Rules to the Chief Electoral campaign expenses and contributions to the Chief Electoral Officer at the Branch Office of the AFN Secretariat / Assem- Officer which lists the total amount of moneys raised and bly of First Nations in the National Capital Region. spent for the candidate’s campaign, and indicating monetary 4.4 To qualify as an eligible candidate, each nomination must: contributions as well as contributions received “in- kind”, a) be submitted by midnight of the forty-fifth (45th) day from any person, corporation, First Nation, organization or prior to the first day of the two-day polling process of the association as well as the amount or value of each such contri- election as announced by the Chief Electoral Officer; bution in money or “in-kind” and the name of the person, b) be endorsed by no less than twenty (20) nominators who corporation, First Nation, organization or association who are Chiefs representing member First Nations of the made it. Assembly of First Nations and no less than ten (10) of the 5.7 The Chief Electoral Officer may disqualify any candidate nominating Chiefs shall be from the region in which the who: candidate resides or in which his or her First Nation is a) does not meet the criteria required under Rule 4.1; located; b) does not submit a financial statement as required by c) have a first nominator and second nominator, one of Rules 5.5 and 5.6; whom must be from the region in which the candidate c) who submits an incomplete preliminary or final financial resides or in which his or her First Nation is located, the statement or a preliminary or final financial statement other must be from another region; appearing, upon reasonable grounds, to be false; or d) be accompanied by a statement signed by the nominee d) who, on the face of a preliminary or final financial state- swearing or affirming that he or she is eighteen (18) years ments, has exceeded the maximum limit for campaign of age or more and is a citizen of a member First Nation expenses provided by these Rules. or is a person registered under the Indian Act; 5.8 An appeal from disqualification as a candidate may be made e) include a recent passport-type photograph of the nomi- to the Circle of Elders within seven (7) days of the ruling of

nee, and a brief biographical sketch of the candidate; the Chief Electoral Officer. The Circle of Elders must convene Rules Electoral f) provide the mailing address to which all official notices within seven days upon receipt of the appeal to make a ruling. relating to the election should be sent, as well as provide a telephone number and email address if available.

6.0 Eligibility to Vote in the National Election for K — Office of the National Chief 5.0 Obligations and Duties of Candidates 6.1 Subject to Rules 6.2 and 6.3, any person who is eighteen (18) years of age or older as of the first day of the two-day polling period for the election of the National Chief and is either:

Attendance at All-Candidates Open Forum PPENDIX

5.1 Each candidate for National Chief shall attend the All-Candi- a) a citizen of a member First Nation; or A dates Open Forum organized by the Chief Electoral Officer in b) a person registered under the Indian Act. accordance with these Rules. is eligible to vote in the election for the Office of the Nation- al Chief and may vote at a polling station in the region in Campaign Period and Expenses and Contributions which the elector resides or by mail-in ballot upon application 5.2 The official period for campaigning for each candidate shall to the Chief Electoral Officer. commence on the forty-fifth (45th) day prior to the first day 6.2 No person may vote more than once in the same election. of the two-day polling period for the election and shall termi-

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 173 6.3 No elector who has had an application for a mail-in ballot Officer shall inform each Polling Administrator of the names, granted, may vote at a polling station, regardless of whether or addresses and birth date of each elector whose application for not the elector has exercised his or her right to vote by mail-in a mail-in ballot has been granted. ballot. 7.11 No elector whose application for a mail-in ballot has been granted by the Chief Electoral Officer may vote at a polling Electoral Rules Rules Electoral 7.0 Conduct of the Election station, regardless of whether the elector has exercised their 7.1 Any candidate may withdraw from an election for National right to vote by mail-in ballot. Chief at any time. 7.12 The mail-in ballot voting kit shall consist of voting instruc- K — 7.2 The Chief Electoral Officer shall identify an official at each tions that include a deadline and mailing instructions for polling station responsible for overseeing the conduct of the receipt of the mail-in ballot in the Office of the Chief Elec- poll and the counting of ballots at the polling station in a fair, toral Officer; an unmarked envelope; an outer envelope with impartial and efficient manner and reporting the results to the the elector’s name; a mailing envelope and a return envelope.

PPENDIX Chief Electoral Officer (“Polling Administrator”). 7.13 Each Elector receiving a mail-in ballot shall: A 7.3 Each Polling Administrator shall oversee the voting process a) mark their ballot; and the tabulation of votes at the polling station, for which he b) place the ballot in the unmarked inner envelope and seal it; or she has responsibility, and shall ensure that all votes are tab- c) place the unmarked inner envelope in the outer envelope ulated beginning immediately following the closing of the poll containing the elector’s name and seal it; and, on the second (2nd) day of the polling process and shall upon d) place the outer envelope in the pre-addressed return enve- completion of the tabulation of ballots report the total num- lope and seal it and return it by mail by the required ber of votes cast, the number of votes received by each candi- deadline. date and the number of spoiled ballots to the Chief Electoral 7.14 Ballots that arrive by the deadline set by the Chief Electoral Officer within 24 hours of the close of his or her polling sta- Officer shall be counted by the Chief Electoral Officer or his tion. or her delegate after all the results and registrations lists come 7.4 Each candidate may appoint one or more scrutineers, and in from the polling stations. Mailing envelopes will be opened shall inform the Chief Electoral Officer of the names of his or and the outer envelopes removed. The Chief Electoral Officer her scrutineers. shall compare the names and other information of the outer 7.5 The Chief Electoral Officer shall keep a record of the names envelopes with the names of persons on the registration lists of each scrutineer appointed by each candidate and provide a from the polling stations. Where a person’s name appears on a list of all scrutineers to each Polling Administrator. A scruti- polling registration list and an outer envelope of a mailed-in neer may observe the voting process during the polling period ballot, the mailed-in ballot will be tossed out and not count- and during the process of tabulating votes at any poll and shall ed. Outer envelopes shall be validated by the Chief Electoral report any irregularities or concerns to the Chief Electoral Officer or his or her delegate to ensure the legitimacy of the Officer. ballots received. Upon validation of the mailing envelope by 7.6 The winner of the election for the Office of the National the Chief Electoral Officer or his or her delegate, the sealed Chief is the candidate who receives the most votes of all bal- unmarked inner envelope containing the ballot is to be lots, excluding spoiled ballots, cast in all polls in all Regions removed from the outer envelope and placed with other and by mail-in ballot. unmarked inner envelopes in sealed ballot boxes until the 7.7 The Chief Electoral Officer shall publicly announce the name Chief Electoral Officer orders the tabulation of mail-in ballots of the winning candidate within 24 hours of his or her deter- to begin. During tabulation, the ballot boxes will be opened mination as well as the total number of votes received by each and the ballots removed from their sealed unmarked inner candidate, the total number of spoiled ballots and the total envelopes, and each vote tallied under the supervision of the number of votes cast in the election. Chief Electoral Officer. 7.8 The candidate announced by the Chief Electoral Officer as having received the most votes for the Office of the National Polling Stations Chief, shall assume office upon taking the Oath of Office as 7.15 Each elector registered at a polling station shall be handed a National Chief in the presence of the first Session of the First ballot by the Polling Administrator and shall proceed to: Nations-in-Assembly held following the election. Until such a) Go behind a voting screen; time, the sitting National Chief shall remain in office. b) Mark their ballot; c) Return the ballot to the Polling Administrator who will Mail-in Ballots verify that it is the same ballot which was issued and 7.9 Any eligible elector may apply to the Chief Electoral Officer return the ballot to the elector; and to register to vote by mail-in ballot by submitting an applica- d) Deposit the ballot in the ballot box. tion in the form required by the Chief Electoral Officer thirty (30) days prior to the first day of the polling period. 7.10 Where the Chief Electoral Officer approves an application by an elector to vote by mail-in ballot, the Office of the Chief Electoral Officer shall provide the elector a mail-in ballot kit consisting of an envelope system designed to protect the secrecy of the vote, while allowing election officials to verify the legitimacy of the ballots they receive. The Chief Electoral

174 AFN Renewal Commission Report 2005 Appendix L Consolidated Recommendations

Recommendation #1 Recommendation #9 AFN Statement of Values Protocol with National Association of Friendship Centres That the Assembly of First Nations, under the direction and guid- That a protocol be developed with the National Association of ance of the Circle of Elders, reaffirm and endorse the Statement Friendship Centres that defines the Assembly of First Nations’ of Values, which can be universally embraced by the First responsibility to provide political representation, and the recipro- Nations to guide the AFN in the conduct of its internal and cal role of the NAFC to administer services in urban areas. external relations. Recommendation #10 Recommendation #2 The AFN’s International Mandate Traditional Leadership, Governance and Decision-Making That AFN Renewal reaffirm the international role of the Assembly That the Assembly of First Nations, under the direction and guid- of First Nations. ance of the Circle of Elders, develop recommendations concerning how traditional First Nation leadership, governance and Recommendation #11 decision-making practices can be effectively incorporated into the Support for Nation-Building procedures of the AFN. That the Assembly of First Nations embrace decolonization while assisting and supporting all the nation-building efforts of the First Recommendation #3 Nations. Balancing Traditional and Contemporary Practices That in its Assemblies and gatherings, the Assembly of First Nations Recommendation #12 develop and implement a balance between traditional customs Confederacy of Nations and contemporary practices in order to accomplish AFN business. That the Confederacy of Nations be dissolved as one of the principal organs of the Assembly of First Nations. Recommendation #4 First Nation Languages Recommendation #13 That whenever possible, the Assembly of First Nations use and pro- National Council mote the use of First Nation languages at its Assemblies. That the AFN Executive Committee be replaced with a new executive structure to be known as the National Council, the purpose Recommendation #5 of which will be to carry out the national First Nation agenda. Urban Portfolio and Staff That the National Council be composed of the National Chief and That the Assembly of First Nations formalize an urban portfolio and hire the Regional Chiefs as voting members, and one Chairperson permanent staff within the AFN Secretariat to support this portfolio. from each of the Circle of Elders, the Women’s Council and the Youth Council, and the four National Advisors as non-voting Recommendation #6 members. Election of National Chief And that the National Chief act as the chair of the National Council. Recommendations Consolidated That the National Chief be elected to office for a four-year term through the process of a universal vote of eligible First Nation citizens. Recommendation #14 National Chief’s Advisors L — Recommendation #7 That the National Chief appoint four advisors to the National Building Relationships with First Nation Organizations Council to act in an advisory capacity in areas of strategic and That the Assembly of First Nations develop positive working rela- national interest to First Nations, and on constitutional, legal and PPENDIX

tionships with urban organizations. policy issues. A And that the National Chief’s appointments be approved by Recommendation #8 the Regional Chiefs, and serve for as long as required by the Protocols with Groups and Organizations National Chief. That the Assembly of First Nations develop and execute protocols with groups and organizations as a means to engage all First Nation citizens and include them in the collective representation of the AFN.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 175 Recommendation #15 order to be counselled, trained and prepared for positions of National Chief (Oath of Office, Code of Conduct) leadership. That, upon assuming office, the National Chief take the Oath of And further, that the members of the Youth Council be provided Office as set out in Appendix G, and sign the Assembly of First with opportunities to offer their perspectives on how particular Nations Code of Conduct as set out in Appendix F, and the Con- issues can be addressed in the long-term. flict of Interest Declaration as set out in Appendix H. Recommendation #21 Recommendation #16 Advisory Councils (Elders, Women, Youth) AFN Regional Chiefs (Oath of Office, Code of Conduct) That the AFN Advisory Councils be renamed as follows: the Circle That, upon assuming office, Assembly of First Nations Regional of Elders, the Women’s Council, and the Youth Council.

Consolidated Recommendations Consolidated Chiefs take the Oath of Office as set out in Appendix G, and sign That each of the ten regions select Council representatives through the AFN Code of Conduct as set out in Appendix F, and the internal regional mechanisms and processes. Conflict of Interest Declaration as set out in Appendix H. That each region select both a female and a male representative to When a Regional Chief accepts public office, a ceremony of accept- the Circle of Elders and the Youth Council, and one female rep- L — ance be conducted by the Circle of Elders and the Region’s lead- resentative to the Women’s Council. ers, in which the individual affirms his or her commitment to the That the Circle of Elders and Youth Council appoint two Co- national First Nation agenda. Chairs, one male and one female, to preside over the Circle or

PPENDIX Council. A Recommendation #17 And that each Council member be appointed for a term of not less Regional Chiefs’ Compensation Formula than one year and not more than four years. That a formula for compensating Assembly of First Nation Region- al Chiefs be developed to include a base salary that is associated Recommendation #22 with the office of AFN Regional Chief, and salary increments Age Range for Youth Council Representatives based on each region’s First Nation population, the number of That representatives on the Youth Council be between the ages of First Nations in the region, portfolio responsibilities held, and 16 and 21 inclusive, with appointments affirmed by the Regions. associated levels of engagement with portfolio responsibilities. Recommendation #23: And further, that financial sanctions be imposed through the indi- Advisory Council Resources vidual Regional Chief’s compensation when: That resources be allocated on a fair, equitable and sustained basis • a Regional Chief fails to attend meetings that he or she is to the Circle of Elders, the Women’s Council and the Youth expected to chair or attend; or, Council to allow these Councils to undertake their mandates and • it is determined that the behaviour of an individual contribute their perspectives to the national organization in an Regional Chief does not conform to the national First equally effective manner. Nation agenda, or contravenes the Oath of Office, Code of Conduct or Conflict of Interest Declaration. Recommendation #24 Assembly of First Nations Secretariat Recommendation #18 That the National Indian Brotherhood apply for a corporate name Regional Chiefs’ Responsibilities change and file supplementary articles of incorporation consistent That the portfolio system be strengthened, with each Regional with the recommendations of this report. Chief assuming political responsibility for the activities of his or That the National Indian Brotherhood be renamed the Assembly of her assigned AFN Secretariat department. First Nations Secretariat. That the Oath of Office clearly identify the political responsibility That the AFN Secretariat undertake the management and adminis- of the Regional Chief in relation to his or her assigned portfolio. tration functions of the AFN. And that each Regional Chief be provided with orientation and That the Board of Directors of the AFN Secretariat comprise the ten ongoing advice as to the appropriate fulfilment of his or her polit- AFN Regional Chiefs and the AFN National Chief. ical duties in relation to the AFN’s administrative operations, staff That the AFN National Chief serve as the Chairperson of the Board and financial resources. of Directors. That the Board of Directors appoint executive officers of the corpo- Recommendation #19 ration and establish committees as appropriate. Including Women’s Perspectives in AFN Decision-Making That the Assembly of First Nations ensure that AFN decision-mak- Recommendation #25 ing includes First Nation women’s perspectives, and that the AFN Separating Political and Administrative Responsibilities support women in all its political, operational and management That the National Council’s agenda and the agenda and business of structures and processes, including through the Women’s Council. the AFN Secretariat’s Board of Directors be clearly separated in order to distinguish between political and administrative deci- Recommendation #20 sion-making and responsibilities. Preparing Youth for Leadership, and Including Youth Perspectives in Decision-Making Recommendation #26 That members of the Youth Council be recognized as future First AFN Financial Relationships and Funding Nation leaders, and have the opportunity to observe and partic- That the Assembly of First Nations develop a new fiscal relationship ipate in AFN political and decision-making processes directly in with Canada that is based on stable multi-year financial transfers,

176 AFN Renewal Commission Report 2005 and that is consistent with the AFN’s mandate to support • a Proxy Holder may move or second a motion, speak to a First Nations as they strive to regain self-determination and self- motion, and vote at the Assembly for which the proxy has reliance. been granted, to the extent of the authorization. And that the AFN investigate, consider and develop revenue sources That a Proxy Holder must be authorized in writing by the First other than government transfers. Nation. That a Proxy Holder must be 18 years of age or older. Recommendation #27 And that a proxy may be issued to, but is not restricted to, a First Creation of the Office of the AFN Auditor General Nation councillor, an hereditary Chief, a traditional leader, the That, on the recommendation of the National Council, the First leader of an aggregated First Nation government, or a Treaty Nations-in-Assembly establish the Assembly of First Nations organization. Office of the Auditor General, and appoint an Auditor General. Recommendation #34 Recommendation #28 Participatory Representatives: Appointment of the AFN Chief Electoral Officer First Nation Organizations with Protocols That, on the recommendation of the National Council, the First That First Nations women’s organizations, Treaty groups, Native Nations-in-Assembly appoint an AFN Chief Electoral Officer. Friendship Centres, and other First Nation organizations may attend AFN Assemblies as Participatory Representatives, and Recommendation #29 speak on specific issues, in accordance with the terms of written Assembly (Code of Conduct) protocols between each organization and the AFN. That, when registering at an AFN Assembly, delegates agree to follow an Assembly Code of Conduct that states they shall demon- Recommendation #35 strate respectful behaviour and cooperate in accomplishing the Participatory Representatives: work of the Assembly and the AFN. Tribal Councils and Provincial/Territorial Organizations And further, that the Code of Conduct be developed by the Circle That the political leaders of tribal councils and provincial or territo- of Elders, and include provisions that call upon delegates to rial organizations may attend AFN Assemblies as Participatory adhere to a framework that promotes inter-First Nation relation- Representatives, and have the privilege of addressing an Assembly ships at the national level. on specific agenda items, but do not have the right to vote. Polit- ical Leaders cannot proxy their standing as a Participatory Repre- Recommendation #30 sentative to any other person. Notice of Annual General Assembly That the Assembly of First Nations confirm specific dates each year Recommendation #36 for the Annual General Assembly. AFN Standing Rules of Procedure for Assemblies That all Assembly material, including the AFN Standing Rules of That the First Nations-in-Assembly adopt the Assembly of First Procedures for Assemblies and the AFN Glossary, be sent to each Nations Standing Rules of Procedure for Assemblies as set out in First Nation community 30 days prior to the date of the Assembly. Appendix I. And that all Assembly documents clearly identify the date, draft number and author. Recommendation #37 Consensus Recommendation #31 That every attempt be made at AFN Assemblies to reach decisions Assembly Agenda by consensus. And further that the Consensus-Building Process The Speaker of the Assembly must commence an Assembly at be exhausted before a vote is called by the Speaker. 9:00 A.M. with an opening ceremony and carry out the Assembly agenda in accordance with established timelines. Recommendation #38 Voting Recommendation #32 That a motion or resolution will be carried by a simple majority of Quorum those who have voting rights and are seated in the designated seat- Recommendations Consolidated That for the purposes of starting an AFN Assembly, 50 per cent plus ing area at the time a vote is called, provided that the number of one of registered Assembly Delegates (Chiefs and Proxy Holders) delegates does not fall below ten per cent of the total membership

must be seated in the designated seating area to commence of the Assembly of First Nations. L — Assembly opening ceremonies and accept the agenda. That a designated seating area be established at AFN Assemblies in which only Chiefs and Proxy Holders may be seated. That all others in attendance at an Assembly be seated in separate

Recommendation #33 PPENDIX

Proxy Holder section called the gallery. A That AFN Standing Rules of Procedure for Assemblies provide that when a Chief does not attend an Assembly: Recommendation #39 • a proxy may be given to a person who is a member of a Assembly Speakers First Nation in the same Region as the First Nation That Assembly Speakers be selected from a list of pre-approved authorizing the proxy; individuals who are members of First Nations, and who have the • a Proxy Holder cannot transfer or delegate their proxy to training and experience to allow them to effectively chair another person; and Assemblies.

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 177 That each Speaker be provided with a copy of the Speakers Guide Recommendation #44 that will outline the duties of the Speaker along with instructions, AFN Communications Strategy directions and suggestions regarding Assembly rules and proce- That the Assembly of First Nations improve its capacity for commu- dures, and the appropriate participation of Assembly participants. nication by developing and implementing an integrated commu- And further, that Speakers be provided with orientation and target- nications strategy that addresses internal and external communi- ed training as required, in advance of an Assembly. cations needs, media relations and public education.

Recommendation #40 Recommendation #45 Translation Services at Assemblies AFN Orientation Program That upon registration each delegate to an AFN Assembly be given That, as a significant element of its public education function, the

Consolidated Recommendations Consolidated a headset for translation services. Assembly of First Nations provide orientation to First Nation leaders, youth, AFN staff and others, as appropriate. Recommendation #41 And further, that such orientation encompass introduction to AFN Conflict Management and Resolution structures, procedures, modes of conduct as well as teachings on L — That the Circle of Elders be responsible for ensuring a positive con- First Nation values. flict resolution process is available to all Assembly of First Nation structures, processes, and to all who participate in them. Recommendation #46

PPENDIX And further, that the Circle of Elders manage the conflict resolution Preparation and Distribution of Documents A process, and make decisions concerning the inclusion of media- in English and French tors and others, as appropriate. That all Assembly of First Nations written materials be prepared in English and French before distribution. Recommendation #42 That First Nations receive all written materials in the language used National Policy Forums to conduct their affairs. That National Policy Forums be held at the request of the First And that the AFN secure the appropriate resources to support all Nations-in-Assembly or the National Council to discuss matters English and French translation activities. of national First Nation interest. And further, that National Policy Forums be attended by the Grand Recommendation #47 Chiefs of provincial/territorial organizations, Treaty leaders, AFN Renewal Implementation hereditary Chiefs, representatives of urban organizations, and That the AFN Executive and senior staff of the AFN Secretariat others as appropriate. develop and execute a strategy to implement the AFN Renewal Commission’s recommendations in accordance with the Imple- Recommendation #43 mentation Plan. Citizens Forums That, when it is established, the National Council assume responsi- That the Assembly of First Nations host a forum from time to time bility for AFN Renewal implementation. to enable First Nation citizens to consider a specific issue on the And further, that the AFN Executive, and later the National Coun- national First Nation agenda, and to speak directly to AFN lead- cil, report on a regular basis to the First Nations-in-Assembly on ers and to each other about the issue. the progress of AFN Renewal.

178 AFN Renewal Commission Report 2005 acknowledgmentsAcknowledgments

The AFN Renewal Commission owes its sincere appreciation to the many individuals who assisted us in the preparation of this Report. Foremost in our gratitude is extended to the Renewal Commission staff whom we would like to acknowledge for their work and dedication.

We send our thanks to:

Stuart Wuttke Project Manager

Michele Price Communications and Administrative Assistant

Saga Williams Legal Counsel

Seanna Howard — Legal Research and Policy Advisor

We would also like to acknowledge former staff:

Barry Christoff

Legal Counsel CKNOWLEDGMENTS A and

Haike Muller Policy Advisor

A Treaty Among Ourselves Returning to the Spirit of Our Peoples 179 Grateful acknowledgment of photographic submissions by:

Aboriginal Tourism Association of British Columbia (ATBC) www.aboriginalbc.com AFN Renewal Staff Beesum Communications www.beesum-communications.com Dene Nation www.denenation.com The Glenbow Museum www.glenbow.org Kanien’kehaka Raotitiohkwa Cultural Centre Kahnawake Mohawk First Nation library.usask.ca/native/directory/english/kanienkehaka.html Mi’kmaq Confederacy of Prince Edward Island www.mcpei.ca Jimmy Sam, Photographer Cree Nation of Chisasibi W. Robert Spencer Toronto COUNCIL FIRE Native Cultural Centre www.councilfire.ca photo: ATBC © Scheduled Implementation of Renewal Recommendations

Scheduled Implementation of Renewal Recommendations

RECOMMENDATION TIMEFRAME THEME Immediate and Ongoing 6 months 1 year 18 months Traditional RECOMMENDATION #3: Balancing Traditional and Contemporary Practices RECOMMENDATION #1: AFN Statement Of Values RECOMMENDATION #2: Traditional Leadership, That a balance between traditional customs and contemporary practices be developed and implemented. Page 98 That the Circle of Elders reaffirm and endorse the Statement of Values. Page 97 Governance and Decision Making That the Circle of Elders develop recommendations RECOMMENDATION #11: Support for Nation Building RECOMMENDATION #4: First Nation Languages That the AFN use and promote the use of First Nation languages at its Assemblies. Page 98 concerning how traditional First Nation leadership, That the AFN embrace decolonization while assisting and supporting all the nation-building efforts. Page 103 governance and decision-making practices can be effectively TED RECOMMENDATION #45: AFN Orientation Program RECOMMENDATION #41: Conflict Management and Resolution incorporated into the procedures of the AFN. Page 97 That, as a significant element of its public education function, the Assembly of First Nations provide orientation to That the Circle of Elders be responsible for ensuring a positive conflict resolution. Page 120 ROO First Nation leaders, youth, AFN staff and others, as appropriate. And further, that such orientation encompass introduction to AFN structures, procedures, modes of conduct as well as teachings on First Nation values. Page 122

Representation RECOMMENDATION #43: Citizens Forums RECOMMENDATION #5: Urban Portfolio and Staff RECOMMENDATION #6: Election of National Chief

TIVE That the Assembly of First Nations host a forum from time to time to enable First Nation citizens to consider a specific That the AFN formalize an urban portfolio and hire permanent staff. Page 99 That the National Chief be elected to office for a 4 year term through universal vote. Page 99 A issue on the national First Nation agenda, and to speak directly to AFN leaders and to each other about the issue. of First Nations RECOMMENDATION #7: Building Relationships with First Nation Organizations RECOMMENDATION #9: Protocol with National Association of Friendship Centres Page 121 of First Nations That the AFN develop positive working relationships with urban organizations. Page 101 That the protocol be developed with the National Association of Friendship Centres. Page 102 SENT Citizens RECOMMENDATION #8: Protocols with Groups and Organizations RECOMMENDATION #10: The AFN’s International Mandate That the AFN execute protocols with groups and organizations. Page 101 That the AFN Renewal reaffirm the international role of the Assembly of First Nations. Page 102 REPRE

Structural changes RECOMMENDATION #19: Including Women’s Perspectives in AFN Decision Making RECOMMENDATION #12: Confederacy of Nations RECOMMENDATION #13: National Council That AFN decision making includes First Nation Womens’ perspectives. Page 107 That the Confederacy of Nations be dissolved. Page 103 That the AFN Executive Council be replaced with the National Council. Page 104 RECOMMENDATION #20: Preparing Youth for Leadership, and Including Youth Perspectives in RECOMMENDATION #14: National Chief`’s Advisors Decision Making That the National Chief appoint four advisors to the National Council, who will be approved by the Regional Chiefs. That members of the Youth Council have the opportunity to observe and participate in AFN political and decision- National Chief’s appointments be approved by the Regional Chiefs, and serve for as long as required by the National Chief. Page 104 making processes directly in order to be counseled, trained and prepared for positions of leadership. Page 108 RECOMMENDATION #21: Advisory Councils (Elders, Women, Youth) RECOMMENDATION # 42: National Policy Forums That the AFN Advisory Councils be renamed as follows: the Circle of Elders, the Women’s Council, and the Youth Council. Page 108 That National Policy Forums be held to discuss matters of national First Nation interest. Page 121 RECOMMENDATION #22: Age Range for Youth Council Representatives That representatives on the Youth Council be between the ages of 16 and 21 inclusive. Page 109 RECOMMENDATION #23: Advisory Council Resources That resources be allocated on a fair, equitable and sustained basis. Page 110 RECOMMENDATION #26: AFN Financial Relationships and Funding That the AFN develop a new fiscal relationship with Canada that is based on stable multi-year financial agreements. And that the AFN investigate, consider and develop revenue sources other than government transfers. Page 112

SPONSIVE RECOMMENDATION #28: Appointment of the AFN Chief Electoral Officer

RE That the First Nations-in-Assembly appoint an AFN Chief Electoral Officer. Page 114

Accountability RECOMMENDATION #24: Assembly of First Nations Secretariat RECOMMENDATION #15: National Chief (Oath of Office, Code of Conduct) RECOMMENDATION #17: That the National Indian Brotherhood apply for a corporate name change. Page 111 That, upon assuming office, the National Chief take the Oath of Office and sign the Code of Conduct and the Conflict of Interest Regional Chiefs’ Compensation Formula Declaration. Page 105 That a formula for compensating Regional Chiefs be developed to include a base salary and RECOMMENDATION #25: Separating Political and Administrative Responsibilities salary increments based on each region’s First Nation population, the number of First Nations in That the National Council’s agenda and the agenda and business of the AFN Secretariat’s Board of Directors be RECOMMENDATION #16: AFN Regional Chiefs (Oath of Office, Code of Conduct) the region, portfolio responsibilities held, and associated levels of engagement with portfolio clearly separated. Page 112 That, upon assuming office, Assembly of First Nations Regional Chiefs take the Oath of Office, and sign the AFN Code of Conduct responsibilities. Page 106 and the Conflict of Interest Declaration. Page 105 RECOMMENDATION #46: Preparation and Distribution of Documents in English and French RECOMMENDATION #18: Regional Chiefs’ Responsibilities That all Assembly of First Nations written materials be prepared in English and French before distribution. Page 122 RECOMMENDATION #27: Creation of the Office of the AFN Auditor General That the portfolio system be strengthened. Page 107 That the First Nations-in-Assembly establish the Office of the Auditor General. Page 113

A more effective RECOMMENDATION #30: Notice of Annual General Assembly RECOMMENDATION #29: Assembly (Code of Conduct) That the Assembly of First Nations confirm specific dates each year for the Annual General Assembly. Page 115 That, when registering at an AFN Assembly, delegates agree to follow an Assembly Code of Conduct. Page 114 Assembly process RECOMMENDATION#31: Assembly Agenda RECOMMENDATION #32: Quorum That the Speaker of the Assembly must commence an Assembly at 9:00 a.m. with an opening ceremony and carry That for the purposes of starting an AFN Assembly, 50 per cent plus one of registered Assembly Delegates is needed to commence out the Assembly agenda in accordance with established timelines. Page 115 Assembly and accept the agenda. Page 116 RECOMMENDATION #39: Assembly Speakers RECOMMENDATION #33: Proxy Holder That Assembly Speakers be selected from a list of pre-approved individuals who have the training and experience That AFN Standing Rules of Procedure for Assemblies provide for a proxy. Page 116 to allow them to effectively chair Assemblies. Page 119 RECOMMENDATION #34: Participatory Representatives: First Nation Organizations with Protocols RECOMMENDATION #40: Translation Services at Assemblies That the Organizations may attend AFN Assemblies as Participatory Representatives. Page 117 TED

C That upon registration each delegate to an AFN Assembly be given a headset for translation services. Page 120 RECOMMENDATION #35: Participatory Representatives: Tribal Councils and Provincial-Territorial Organizations RECOMMENDATION #44: AFN Communications Strategy That the political leaders of tribal councils and provincial or territorial organizations may attend AFN Assemblies as Participatory SPE That the Assembly of First Nations improve its capacity for communication by developing and implementing an Representatives. Page 117 RE integrated communications strategy that addresses internal and external communications needs, media relations RECOMMENDATION #36: AFN Standing Rules of Procedure for Assemblies and public education. Page 121 That the First Nations-in-Assembly adopt the Assembly of First Nations Standing Rules of Procedure for Assemblies. Page 118 RECOMMENDATION #37: Consensus That every attempt be made at AFN Assemblies to reach decisions by consensus. The Consensus-Building Process be exhausted before a vote is called by the Speaker. Page 118 RECOMMENDATION #38: Voting That a motion or resolution will be carried by a simple majority. Page 119

Implementation RECOMMENDATION #47: AFN Renewal Implementation That the AFN Executive and senior staff of the AFN Secretariat develop and execute a strategy to implement the AFN Renewal Commission’s. Page 123

Assembly of First Nations Renewal Commission 473 Albert Street - 8th floor · Ottawa (ON) K1R 5B4 Printed in Canada ISBN 1-894804-26-0