Nishnawbe-Aski Nation
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NISHNAWBE-ASKI NATION
INTERVENTION REPORT: ROYAL COMMISSION ON ABORIGINAL PEOPLES
September, 1993 * INTERVENOR PARTICIPATION PROGRAM NOTE TO FILE
ORGANIZATION: Nishnawbe-Aski Nation (NAN)
RE: Completion of Part II of the Contribution Agreement.
Project: NAN has satisfactorily completed and submitted a brief to the Royal Commission on Aboriginal Peoples. This brief is in accordance with the conditions set out in the contribution agreement which came into effect on December 9, 1992.
Certified: 1 JVL. 1/ Date: C"1 ^ '^"j, Richard(Étidgel A/Director IPP NISHNAWBE-ASKI NATION
INTERVENTION REPORT TO THE
ROYAL COMMISSION
ON
ABORIGINAL PEOPLES
NISHNAWBE-ASKI NATION SEPTEMBER, 1993 TABLE OF CONTENTS
Page
INTRODUCTION (i)
Background Statement (i)
Community Consultations (ii)
Profile of Nishnawbe-Aski - "The People and the Land" (iii)
1.0 SCOPE OF HEALTH & SOCIAL PROBLEMS 1
1.1 Current Social Conditions - Suicide Epidemic 1 1.2 Contributing Factors to Poor Mental and Social Health 1 1.3 Barriers to Adequate Services 2
1.3.1 Jurisdiction 2 1.3.2 Lack of Co-ordination 2 1.3.3 First Nations Management 2 1.3.4 Lack of Staff 2 1.3.5 Distance 2 1.3.6 Appropriateness of Existing Services 2
1.4 Guiding Principles for Health and Social Development 5
2.0 HEALTH ISSUES 7
2.1 Historical Perspective 7 2.2 Mental Health 9
2.2.1 Suicide Crisis 10 2.2.2 Youth Forum 11 2.2.3 Mental Health Policy 11
2.3 Family Violence 13 2.4 Treaty Rights 13
2.4.1 Non-Insured Health Benefits 14 2.4.2 Traditional Healers 15 2.4.3 Midwifery 15
2.5 Training Needs 16 2.6 Aids 17 2.7 First Nations'Control 19 TABLE OF CONTENTS
3.0 SOCIAL SERVICES ISSUES 21
3.1 Historical Overview 21 3.2 Impacts of Government Jurisdictions on Social Services 22 3.3 Social Services and Self-Government 25 3.4 Social Services Management Framework 27 3.5 Housing and Community Infrastructure 29
4.0 EDUCATION 31
4.1 Historical Background 31 4.2 Declaration of Political Intent (DPI) 32 4.3 Education Jurisdiction 36
5.0 JUSTICE ISSUES 41
5.1 Traditional Justice 41 5.2 The Steering Committee and Working Group on the Administration of Justice in the Nishnawbe-Aski Nation 42
5.2.1 Working Group 42 5.2.2 Steering Committee 43 5.2.3 Activities and Issues 43
5.3 Ontario Joint Aboriginal Anti-Racism Committee 44 5.4 NAN Policing 45 5.5 Corrections - Memorandum of Agreement 46
6.0 LAND, RESOURCES and the ENVIRONMENT 49
6.1 MOU Framework Agreement 49 6.2 Economic Development 50
7.0 NISHNAWBE-ASKI NATION GOVERNANCE 53
7.1 The James Bay Treaty No. 9 (1905) 53 7.2 Canadian Constitution 56 7.3 Nishnawbe-Aski Nation (NAN) Governance 57 7.4 Indian Act and Ammendments 61 7.5 Taxation 62
8.0 REBUILDING THE RELATIONSHIP 63 ANNEXES: I
A The Historical Relationship of the Nishnawbe-Aski Nation with Canada and Ontario
B NAN Completed Suicides: Eight Year Summary
C Suicide Prevention - Recommendations
D "Youth Helping Youth" - Recommendations
E Recommendations for Mental Health Program Development and Delivery
F Community Consultation Summary : Recommendations for Community Action to Address Family Violence
G Medical Services Branch - Policy Regarding Traditional Healers (April 5, 1991)
H NAN Resolution 93/04
I Recommendations From Nishnawbi-Aski Consultations: Aboriginal Health Policy
J NAN Resolution 93/83
K Recommendations to the Ministry of Corrections: Memorandum of Agreement
L Framework Agreement on Land, Resources and the Environment (Draft)
M Framework Agreement on Governance (Draft)
N NAN Resolution 93/70
O NAN Resolution 93/69
P NAN Resolution 93/79 INTRODUCTION (i)
^INTRODUCTION
Background Statement
In 1977, Grand Council of Treaty #9 lobbied for, and became directly involved in the Royal Commission on the Northern Environment (RCNE) which was enacted by the Ontario Legislature to conduct public hearings throughout Northern Ontario. Those hearings were held in northern cities and towns, and in most of the Nishnawbe-Aski Nation (NAN) communities for nearly three years at a cost of over $20 million dollars.
It was the understanding of the Grand Council at that time, that the Ontario Government, through the RCNE, would not only elicit grass-roots response for the preservation and conservation of the northern lands and resources traditionally occupied by the NAN communities, but also, to provide lasting solutions to the many socio-economic problems which were rampant in all of our communities.
What were the results and benefits of the RCNE to the Nishnawbe-Aski Nation? In fact, very little, other than the establishment of the Indian Commission of Ontario (ICO) whose role was to undertake tripartite negotiations between Ontario, Canada and Ontario First Nations. Grand Council Treaty #9 was most instrumental in setting up the ICO, which later chaired the negotiations on lands, resources, environment and self-government sectors under the Memorandum of Understanding (MOU) that was signed in February, 1986, between NAN, Ontario and Canada, and reaffirmed in 1990.
In 1990, the Interim Measures Agreement (IMA) between NAN, Ontario and Canada was signed which dealt with the immediate issues affecting land, resources and environmental matters while the MOU was being negotiated.
Proposed Framework Agreements on Land, Resources, Environment and Governance, including a revised Interim Measures Agreement were recently adopted by the NAN Chiefs under the MOU negotiations through community consultations.
Presently, NAN is continuing its efforts to pressure Canada and Ontario to clarify their respective positions and to proceed within the MOU negotiations process.
In this report to the Royal Commission on Aboriginal Peoples, NAN wishes to focus on the MOU process and Aboriginal Rights confirmed by Treaties, as the major themes to the various issues and recommendations being presented to the Commission. (ii) i^The Commission will note that substance and specific recommendations to community problems and issues facing Nishnawbe-Aski First Nations are expressed to the point.
Having noted NAN's previous involvement on other Royal Commissions and Provincial Inquiries, the Royal Commission on Aboriginal Peoples must offer NAN the assurance that this report will be accepted in whole, and that each of its recommendations will be implemented by both levels of government in good faith and goodwill, as part of their continuing obligations under Treaty No. 9, and at the MOU Negotiating Table.
COMMUNITY CONSULTATIONS
The process for the collection of information of this report to the Royal Commission on Aboriginal Peoples was established under the mandate of the Grand Chief of the Nishnawbe-Aski Nation.
This consultation process involved the time and effort of many individuals within NAN, Nishnawbe-Aski First Nations, Tribal Councils, Independent First Nations and public service agencies during these past few months.
Data and information collected, consisted of the following activities:
1. A review and analysis of conference/workshop reports, funding proposals, studies, contribution agreements, panel/hearing/inquiry reports, position papers and Chiefs Resolutions. Concerns and recommendations from these sources were extracted and included in this report, where deemed relevant and considered as First Nation priorities.
2. Tribal Councils co-ordinated their own alternative methods of community consutations and data collection from their respective First Nations.
3. Interviews and meetings were conducted with various project and program staff throughout all levels of the Nishnawbe-Aski Nation.
4. Consolidation and preparation of this Final Report was co-ordinated by an independent consultant engaged by NAN for submission to the Royal Commission on Aboriginal Peoples. (iii)
Profile OF THE NISHNAWBE-ASKI AREA - "The People and the Land"
The Nishnawbe-Aski (which means "People and the Land") area occupies between one-half to two-thirds of the whole of Ontario. It stretches across the north of the province in dimensions of about seven hundred (700) miles in length and four hundred (400) miles in width. Nishnawbe-Aski spans from the Manitoba to Quebec border, the Hudson's and James Bay watershed and roughly the Canadian National Railway line to the immediate south. The Treaties No. 9 and 5, include the geographical areas of the districts of Cochrane, Timiskaming, Sudbury, Algoma, Thunder Bay and Kenora.
Nishnawbe-Aski includes forty-six (46) Cree and Ojibway communities ranging in size from thirty (30) to one thousand six hundred (1,600) First Nation members. Most communities (79%) are designated as isolated with only fly-in access. Many, but not all communities have air strips. For those without, during two months each year when there is "freeze-up" and "break-up", these communities have no direct access to the outside world other than telecommunications.
Nishnawbe-Aski area has a total on-reserve population of approximately 26,000. Over 67.9% of this population is under thirty (30) years of age. This means that the education level is less than Grade nine (9). Contrary to Statistics Canada's recent announcement that the national average unemployment rate in Aboriginal communities is 35%, the unemployment rate within NAN communities presently ranges between 65 to 95% depending on seasonal activities.
Where employment exists, it is primarily seasonal (fishing, trapping, guiding, tourism), with the result that social transfer payments account for the bulk of family incomes. Nishnawbe-Aski is represented by the political organization called Nishnawbe-Aski Nation.
A chronological outline of the Nishnawbe-Aski peoples' historical relationship with Canada and Ontario is included as Annex A of this report for the benefit of the reader. SCOPE OF HEALTH AND
SOCIAL PROBLEMS W 1
>1.0 SCOPE OF HEALTH & SOCIAL PROBLEMS
1.1 Current Social Conditions - Suicide Epidemic
Statistics provided by the Sioux Lookout NODIN Counselling Program and the Moose Factory Zone Hospital show that Nishnawbe-Aksi communities are in the midst of a full scale suicide epidemic.
In the Sioux Lookout Zone, during the three year period between 1989 and 1991, there have been 411 suicide attempts and twenty seven (27) completed suicides. Of these suicides, 26% are women between the ages of fourteen (14) and thirty (30) years. By October, 1992, there have been ten (10) suicides. An epidemic once confined to Sioux Lookout Zone is spreading to the east and central areas of Nishnawbe-Aski.
In the Moose Factory Zone, there were fifty-seven (57) attempted suicides in the period 1986 to 1987. Over 35% of the attempts were Native youth under nineteen (19) years of age. Over 66.7% of the persons attempting suicide were women. Of these, 78.9% were made by women under the age of 19 years.
Annex B lists figures of suicides, average ages, methods and totals for the past four (4) years that have come to our attention from the NAN communities.
1.2 Contributing Factors to Poor Mental and Social Health
The Scott, McKay, Bain Health Panel studying health care services in the Sioux Lookout Zone stated that:
"Probably the greatest single problem facing the Aboriginal people in the Sioux Lookout Zone • and putting pressure on the health care system is the breakdown of the traditional, extended family unit, the loss of cultural and spiritual values and the resulting decline in mental health."
While the Panel was speaking specifically of communities in the Sioux Lookout Zone, the conditions which the Panel described are prevalent in all Nishnawbe- Aksi First Nations.
Unemployment in some NAN First Nations can run as high as 95% of the employable population. Adults who are unable to provide for their families suffer from a lack of self-esteem and self-worth. Very often their problems are compounded by the fact that they lack the parenting skills necessary to provide proper guidance and support to their children. On occasion, parental frustration gives way to alcoholism, domestic violence and child abuse. 2
Many First Nation children have grown up with little or no exposure to traditional^ values, beliefs and practices. As a result, they feel alienated from their cultural identity and from the Elders within the community. This separation is heightened by youth exposure to television.
Youth often mimic and adopt the values of the dominant society which they see reflected through the media. This often results in confusion amongst the youth as they try to balance both the First Nation and non-First Nation value systems. Television also serves to highlight the disparity between conditions on reserves and those in urban centres. First Nation youth long for the material products of the dominant culture but lack ready access to them.
The greatest challenge facing Nishnawbe-Aski First Nations and the health and social care system, is in developing programs and services which will meet both the mental, social and spiritual needs of the Native people while restoring their sense of empowerment.
1.3 Barriers to Adequate Services
While on-reserve, First Nation members now have access to insured health and social services, but they only have limited access to community-based programming. Although the Federal Government has the prime responsibility for ensuring that First Nations have access to adequate health care, it has not provided community-based health services to our communities and the service delivery is on a crisis-basis due to jurisdictional debates and the lack of culturally-appropriate health and social policies.
There are many inter-related barriers which contribute to the deteriorating health care policies, services and levels of delivery.
1.3.1 Jurisdiction
• Ontario has jurisdiction for health under Section 92(27) of the Constitution Act (1867)
• Canada has responsibility to provide health care to First Nations under Section 91 (24) of the Constitution Act (1867) and the National Health and Welfare Act (1945)
• the result is continuous Federal-Provincial battles over delivery of health care services to Aboriginals on and off-reserve. 3
3.2 Lack of Co-ordination
no interagency committees exist at both Sioux Lookout and Moose Factory Zones despite numerous agencies servicing the same communities and clients.
at the community level, workers, para-professionals and professional staff do not share client information due to client confidentiality policy.
3.3 First Nations Management
First Nations Staff lack adequate skills for personnel management and staff supervision.
Lack of co-operative working environment results in client services being fragmented and often at cross purposes.
3.4 Lack of Staff
NAN First Nations lack sufficient, community-based health and social services workers
Limited staff are overwhelmed by crisis situations preventing them from promoting prevention programs.
agencies have no relief workers to provide service coverage when staff are ill, on holidays or simply require relief from job stress.
3.5 Distance
most NAN communities are isolated and located great distances from secondary and tertiary service centres for health and social services.
results in inadequate intervention and increase in costs of service provision and funding limitations
3.6 Appropriateness of Existing Services
'treatment versus prevention' approach by agencies due to high caseloads and insufficient worker-time and funds for prevention programs. existing promotion and prevention resources (pamphlets, literature, videos! etc.) are culturally inappropriate and not translated into Cree or Ojibwa/
therapeutic approach to client care versus holistic socio-environmental approach of Traditional Healers.
Child Development Centres such as Patricia Services in Sioux Lookout lack the mandate to provide mental health treatment and prevention services (family development, psychiatric, psychological assessments, infant development, family counselling and support) to children and youth in NAN communities due to provincial jurisdiction, including lack of funding and staff
First Nation Child Welfare agencies such as Tikinagan, Payukotayno and Kunuwanimano do not have the mandate and sufficient resources to provide preventative care to children and youth
inadequate and lack of proper client follow-up and care upon discharge by not advising local health workers, language barrier, overload and lack of local worker skills
lack of formal training, skills development and service level for local workers to plan, develop and conduct community awareness, promotion, care and counselling for mental health and social services in areas such as: suicide prevention and post-vention health education and promotion skills marital and family counselling rape crisis counselling adolescent development group therapy life skills group dynamics case management addiction counselling proposal writing and program planning networking and team building
lack of transportation funds and support services for local volunteer groups to respond to "communities-in-crisis" and post-vention counselling to families and communities following suicides
lack of secondary and tertiary care facilities in northern frontier towns and larger Aboriginal community centres results in client separation from family and community 5
children and youth, being a high risk group for suicides and other mental/ social problems, do not have treatment facilities even for solvent abuse - they're sent to southern Ontario, Manitoba and the States.
lack of appropriate program evaluation to gauge effectiveness of existing programs/services in meeting the health and social needs of NAN communities
1.4 Guiding Principles for Health and Social Development
The following principles will guide the development and delivery of community- based mental health and social service programs which will impact positively on First Nation members and will reflect the priorities and directions set out by the Nishnawbe-Aski First Nations. They are based upon the traditional culture, values and concepts which provide the foundations for development of programs to ensure healthy families and communities in the future.
1. The improvement of the quality of community life is the overall goal of community mental health and social programs and initiatives.
2. The family must be recognized as the pivotal point in all care and treatment. The family unit must be strengthened with skills, resources, understanding and personal growth opportunities.
3. Improving self-esteem among First Nation members is the fundamental challenge of secondary and tertiary prevention level programs. (Secondary prevention focuses on "at-risk" populations; tertiary prevention focuses on those already affected by an illness and is geared towards preventing greater deterioration of the illness.)
4. Primary prevention (or health promotion) programs and projects that are geared to the community population as a whole must be an integral part of every First Nation's social development strategy.
Programs must not become only treatment or crisis focused. First Nations have internal resources rooted within their cultural identity that must be revitalized so that this knowledge can sustain future generations of First Nations members, as well as to enhance and preserve current generations in their goal to achieve a state of general well-being.
5. Our Elders and Traditional Healers will be recognized as valued members of a multidisciplinary team approach to addressing community health and social issues. The planning of community-based programs will include our Elders and Traditional Healers. 6
6. A holistic approach that includes spiritual, emotional, social, physical, well as mental health will be the framework for program planning. The establishment of a strong spiritual base utilizing community belief systems will be promoted.
7. Health and social programs that address family violence must be holistic and comprise the five essential services advocated by the World Health Organization which includes:
i) promotive health care - programs aimed at the general community
ii) preventative health care - includes the three (3) levels of prevention (primary prevention, secondary prevention, tertiary prevention)
iii) supportive health care - includes facilities, personnel, training and supportive government policy
iv) curative health care - includes counselling and professional and paraprofessional care
v) rehabilitative health care - includes those services and programs needed by individuals, families and communities to continue their healing after treatment. It focuses on follow up and long-term management, hoping to reduce relapse and recurrence and includes on-going counselling.
8. Local control of programs and policies governing community-based initiatives must be respected.
9. Adequate training and skill development for First Nation personnel and members will be a priority in program planning.
10. Building team approaches for the delivery of social development programs will be a primary focus, with the overall goal being the identification and resolution of the root causes of poor mental and social health. 2.0 HEALTH ISSUES 7
2.0 HEALTH ISSUES
2.1 Historical Perspective
Even after signing the Treaty 9, physicians accompanying government agents on their travels through the NAN area found the Indian people to be in a good state of health.
At Nikip on the Windigo River, the Indian agent reported that;
"notwithstanding their seemingly underprivileged conditions, their health was above the average...All those appearing before Dr. O'Gorman for treatment not one was found with a tooth cavity thanks presumably to the lack of sugar and sweet mints".
This observation of European contact with various First Nations is a well-known fact confirmed by historical accounts that First Nations were a healthy and robust people who exercised control over the health and well-being of their community members. Unfortunately, the gradual degeneration of this healthy condition caused by foreign diseases, colonization and subsequent cultural genocide have relegated our Indian Nations of today as the poorest of the poor across Canada as national health statistics will confirm.
In the NAN territory, health services have not improved but in fact have degenerated further, since the Federal Government continues this genocide by restrictive policies such as the Medical Services Branch Policy Regarding Traditional Healers. However, it recommends the use of non-Aboriginal medical professionals who do not relate to the many problems which contribute to the sub-standard health condition of Aboriginal peoples.
In the NAN area, high unemployment, inadequate facilities, overcrowded living conditions, lack of infrastructure (water/sewer), poor nutrition, high transportation costs, remoteness and weather conditions are all associated, environmental problems which impact negatively on the health condition of our communities.
Yet, despite these restrictive policies, NAN recognizes that the Federal Government has the leading responsibility in the provision of appropriate but adequate health programs and services to Aboriginal peoples.
In the NAN communities and surrounding regions, we experience the following health problems:
• insensitive and culturally-inappropriate Federal health policies • inadequacy of federal funding to already restrictive programs and service?^ in the areas of: ^P
• mental health • specialized counselling • solvent abuse treatment centres (alcohol, drugs, gas sniffing) • suicide control • nutrition • AIDS education • child/parent/elder abuse • family violence
• restricted use of traditional medicines and spiritual healers for counselling and healing
restrictions on Non-Insured Health Benefits such as the use of Traditional Healers and treatment centres of client choice
training and professional development for Aboriginal health care workers
access to culturally-appropriate programs and services compared to non- Aboriginal communities
low-priority on District Health Councils' planning systems and priorities
lack of regional/community coordination and provision of health program/services information and data between Aboriginal and non- Aboriginal units
lack of a system to document discriminatory treatment and inadequate services by local, regional and urban health centres and workers
inadequate health services to off-reserve NAN members
discriminatory hiring and training practices for northern health care workers
The above-noted health issues and problems are the main concerns that are predominant in the NAN communities but are common to most First Nations in Canada. The AFN's Intervention Report to Royal Commission on Aboriginal Peoples contains a much more comprehensive analysis of health issues, problems and recommended solutions which are common to and supported by NAN.
NAN emphasizes that Health was guaranteed as an inherent, Aboriginal right in the James Bay Treaty No. 9 and as such, reiterates that the Federal Government has the primary responsibility for health programs and services to 9
^^NAN communities and members.
Presently, NAN Governance does not have the jurisdiction to exercise complete control over the health policies of its membership. An analysis of the "Transfer of Health Services" of Medical Services Branch of Health and Welfare Canada proves this case in point.
This Federal Transfer Policy applies only to existing programs and services but does not recognize nor take into account Aboriginal peoples' belief in a holistic model of Primary Health Care. It is only an administrative transfer with very little, real control, local decision-making or authority being transferred to First Nations.
This Health Program Transfer Initiative is based on the Administrative Reform phase of the 1981 Penner Report and excludes the prerequisites of constitutional entrenchment and legislative change for Nishnawbe-Aski First Nations to secure total control over their health policies, programs and services through self- government jurisdiction.
The component missing in Canada's "Transfer Policy" is the necessary supportive legislation and policies to support NAN Governance over the Health Sector. It is insufficient to transfer responsibility without simultaneously recognizing the need for accompanying self-governing legislation and associated policy changes.
The achievement of healthy NAN citizens will be dependent upon the development of a new self-government relationship between Nishnawbe-Aski First Nations and the Federal and Provincial Government as a premise for the successful implementation of NAN Governance.
2.2 Mental Health
The World Health Organization defines the concept of holistic health as follows:
"Health is not merely the absence of disease but a state of complete physical, mental, spiritual and social well-being. It is the extent to which an individual or group is able to change or cope with the environment... "
It then goes on to describe the Primary Health Care model as:
"the holistic framework for the development of community health services that supports the principles of local control, community participation and local decision making for the design of community health programs." 10
The lack of resources to adequately implement this Primary Health Care mod^l the socio-economic factors creating a pervasive state of poverty in our communities; the lack of encouragement to sustain high self-esteem and self- respect; the lack of hope for the future causing wide-spread feelings of despair; and hopelessness associated with addictions and abuse, all contribute to the state of poor health in NAN communities.
2.2.1 Suicide Crisis
It is due to the foregoing reasons that NAN communities have been experiencing the suicide epidemic since 1989. In addition to the description provided in Section 2.2 of this report, Annex B illustrates the Nishnawbe-Aski Nation Completed Suicides: Eight Year Summary. These statistics will confirm the nature of this national tragedy among our young people and the government insensitivity in responding to our First Nations' needs in building healthy communities.
In response to the escalation of suicides and suicide attempts in NAN communities within the Sioux Lookout Zone, NAN staff undertook the "Suicide Prevention Project - Sioux Lookout Zone" during the period of September, 1991 to September, 1992.
This Project included Community Resource Worker Training in suicide prevention, crises intervention, case management and grief counselling; Elder support to families, groups and survivors of suicide; "Youth-Helping-Youth" training to provide skills to youth in recognizing signs and symptoms of suicidal behaviour in order to help their friends and other community youth.
Since this training project took place, seven (7) of the ten (10) communities involved are still losing young people to suicides. These communities and members must receive on-going support and healing programs. Recommendations from this Suicide Prevention Project are attached as Annex C and recommendations from the "Youth-Helping-Youth" project, in Annex D.
Recommendation # 1
NAN requests the support of the Royal Commission on Aboriginal Peoples to solicit financial aid and healing programs from both the Federal and Ontario Governments as part of Nishnawbe-Aski First Nations' long term suicide prevention strategies through the implementation of their recommendations attached herewith in Annex C and Annex D." 11
0^2.2.2 Youth Forum
In June, 1991, the Chiefs of NAN mandated the Executive Council to seek Federal and Provincial support to establish a Commission of Inquiry on Youth Issues in response to the suicide epidemic described previously.
The purpose of this Youth Forum (Commission) is to allow the youth themselves to:
1. listen to the concerns, ideas and problems encountered by NAN youth
2. create a forum for the youth to communicate their concerns in a trusting and supportive environment
3. document presentations to identify needs and concerns which will be presented to Chiefs, community leaders and government representatives
4. provide a safe environment for people to disclose in private
The Steering Committee of the Nishnawbe-Aski Nation Youth Council has decided to establish two (2) panels of Youth Forum Commissioners for the Sioux Lookout area communities consisting of one adult and four youth members; a panel in the Mushkegowuk area; and another in the Matawa and Wabun areas with an Elder Support group for each panel.
The Youth Forum Commissioners will undertake eight (8) hearings beginning fall 1993, for a one-year duration, after which, a final report will be presented to NAN Chiefs and Elders for formal ratification by the NAN Executive.
Recommendation # 2
NAN requests the Royal Commission on Aboriginal Peoples to solicit the Federal and Provincial Governments to support the Youth Forum Commission of Inquiry by providing adequate funds for expenses during the hearing process and to implement the Commissions' recommendations and findings to be later submitted as part of NAN's long-term strategies in suicide prevention.
2.2.3 Mental Health Policy
In September 1990, NAN completed consultations and a final report on Mental Health Policies and Programs in response to Honourable Perrin Beatty, Minister of National Health and Welfare requesting First Nations' input into the development of "federal policy options for Native mental health". 12
It was NAN's conclusion that the development of a mental health policy must b*fl flexible to sustain and support the regional and cultural differences of Nishnawbe-Aski First Nations.
The Mushkegowuk Tribal Council stated that "any policy developed by governments must give serious consideration to prevention in regards to treatment for the chronically mentally ill. It also went on to state that "any policy initiative undertaken by the Federal system must take into account our goal of self-determination in not only a political sense, but in a practical and community- based sense. The Council added that such a teamwork approach between Aboriginal and non-Aboriginal peoples and professionals who are experienced in both the practical and scientific aspects of mental well-being, will create the balance between the two cultures for an appropriate and functional mental health system.
It is with ownership and pride in our mental health system through the use of our traditional healers and counsellors that our people will develop the self-esteem and skills necessary to be productive members of society.
Any criteria for community mental health program funding must not be standardized nationally but should recognize the community resources which exist in every First Nation. The recognition of the strengths in traditional and cultural beliefs and value systems will ensure community involvement and commitment at all stages of locally-planned program development, implementation and evaluation.
NAN's recommendations for Mental Health Policy, Program Development and Delivery is attached herewith as Annex E.
Recommendation # 3
NAN requests the Royal Commission on Aboriginal Peoples to petition both the Federal and Ontario Government to resolve their jurisdictional debates on Aboriginal Mental Health Policy by supporting community-based programs funding for Nishnawbe-Aski First Nations' and by providing other support services to assist NAN in implementing the recommendations detailed in Annex E. 13
Family Violence
Family violence was defined by a NAN Elder at the "Traditional Justice and Family Systems" workshop held in Thunder Bay in April, 1992:
"Family violence is more than just assaulting someone. It also relates to suicide, suicide attempts, child abuse, spousal abuse and its effects on the children, Elder abuse, rape, emotional and mental cruelty and more."
Many NAN communities are in a crisis and are undergoing their own grieving cycles in much the same way as individuals experience a grieving cycle after a loss of a loved one. Family violence in the NAN territory has been on the increase and has resulted in many negative impacts that has affected every aspect of individual, family and community life.
Family violence as defined above, cannot be resolved in isolation from other social issues but within a holistic context of communal life as impacted by non- traditional values and modern-day lifestyles.
In April 1992, the Ontario Government announced an initiative to form a partnership with Aboriginal organizations to work towards a strategy to deal with family violence issues affecting Ontario First Nations' members who reside on and off-reserve.
NAN undertook community consultations and finalized a report of findings and recommendations in October, 1992, which was presented to the Ontario Government for implementation. These recommendations, which are attached to this report as Annex F, identify the specific needs of our NAN communities, areas for program and service development, as well as the supporting elements necessary for any community-based action to be effective.
Recommendation # 4
NAN requests the Royal Commission on Aboriginal People to solicit support from the Federal and Ontario Governments to provide adequate financial assistance for programs and services to implement the recommendations on Family Violence as outlined in Annex F.
2.4 Treaty Rights
NAN views the "medicine chest" clause in the Treaty 9 document as an affirmation and guarantee of our inherent Aboriginal right to quality and adequate health programs and services for all our membership. 14
However, as stated in Section 1.3 of this report, the quality and adequacy S medical services to Nishnawbe-Aski First Nations have been gradually eroded^ by jurisdictional battles, insensitive programs and racist policies at both levels of government.
2.4.1 Non-Insured Health Benefits
An example of inconsistent government policies towards the provision of adequate levels of service to Aboriginals, can be illustrated in the Medical Services Branch (MSB) recent standardization and computerization of Non- Insured Health Benefits (NIHB).
Since 1950, MSB has provided and paid Non-Insured Health Benefits to Aboriginals until 1984 when the Canada Health Act defined certain health services to be covered by the provinces. The Indian Health Policy of 1979 affirmed the government's policy of providing and paying for Non-Insured Health Benefits for Registered Indians and Inuit. At the same time, it established professional, medical or dental judgement, or other comparable Canadian standards, as the criteria in which NIHB would be developed.
As a result of the inconsistent application of the NIHB across Canada and even in different MSB Zones in Ontario, Nishnawbe-Aski First Nations suffer the consequences in two major areas:
• procedures for prior authorization for medivacs at the local and zone levels following a suicide attempt, have been a problem experienced by families, Community Resource Workers and clinic staff, often leading to frustration, anger and eventual crisis situations
• the NIHB policy does not cover transportation expenses for NAN Response Teams for post-suicide counselling
Recommendation # 5
NAN solicits the Royal Commission on Aboriginal Peoples to petition the Government of Canada's Medical Services Branch to amend its current policies on Non-Insured Health Benefits which would alleviate and support the Nishnawbe-Aski First Nations' needs in regards to medivac approvals for suicide crises and expenses for community-based Crisis Response Teams. 15
02.4.2 Traditional Healers
One of our guiding principles to social and mental health revitalization recognizes that our Elders and Traditional Healers must be accepted by governments as valued members of a multidisciplinary team approach to addressing community health and social problems.
For many generations, our traditional healing practices were denigrated by Euro- Canadian medical professionals and religious leaders who outlawed them as pagan rituals. However, many of our communities are expressing the desire to bring back our traditional healing practices in close co-operation with modern medical science as a 'First Nation right' to choose its medical services.
The current MSB Policy regarding Traditional Healers continues to violate our inherent Aboriginal right to choose our own medical practitioners, and perpetuates the racist policies to suppress our traditional customs and practices.
Under this particular policy, which is attached hereto as Annex G, Medical Services Branch decides on which Traditional Healer can be approved for client use. In other words, clients cannot access out-of-province Healers of their choice. Also, MSB does not cover the fees and expenses of approved Traditional Healers although it pays for "professional specialists" who are often culturally inappropriate and insensitive to First Nations' unique healing needs.
Recommendation # 6
Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to appeal to the Government of Canada's Medical Services Branch that it will repeal its unjust policy regarding Traditional Healers and available treatment centres to allow clients a choice of their preference and to cover fees and transportation expenses selected Healers incurred at such locations.
2.4.3 Midwifery
Over the past two years the Equay-Wuk (Women's) Group based in Sioux Lookout, Ontario has initiated research into traditional midwifery practices in northwestern Ontario. It has participated at various provincial forums as part of the Ministry of Health's efforts to legalize midwifery practices in Ontario and requested formal exemptions for Aboriginal midwives from the Regulated Health Professionals Act of 1991.
Pursuant to Equay-Wuk's request, the Ministry of Health supported a research project which resulted in Equay-Wuk's Final Midwifery Report completed in 16
August of 1993. That report noted that the midwives' role extended well beyor^k that of simply performing "birthing" but included areas of pre- and post- nats^ care, spiritual healing, herbalist, dietary, counselling and teachings.
Nishnawbe-Aski Nation supports the Equay-Wuk's Final Midwifery Report's recommendations, and particulary, the formal re-establishment of Traditional Aboriginal Midwives as a fundamental component of the development of holistic health care services for the people of Nishnawbe-Aski.
Recommendation # 7
The Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to petition the Ontario Government's Ministry of Health to amend its 1991 Regulated Health Professions Act which will exempt Aboriginal Midwives and provide support and funding to implement the recommendations of the Equay-Wuk's Final Midwifery Report of August, 1993.
2.5 Training Needs
NAN has recognized that the single most important factor contributing to the existing health system's inability to effectively respond to mental health and social conditions in its communities, is the on-going lack of basic training or inadequate short-term training.
The majority of mental health and social services in the NAN area are provided by First Nations paraprofessionals, yet very few have achieved a formal level of training in their respective fields. While the need for increasing the number of community health workers is unquestioned, it is also paramount that adequate skills training is provided to all levels of the community to include Clergy, Nurses, Community Health Representatives (CHRs), Council members, Youth, Elders, Healers, Midwives, NAADAP Workers, Child and Family Workers, Doctors, Mental Health Workers and Band Constables to deal with family violence matters, as an example.
Effective training strategies must be developed to encourage First Nations' community members to enter Aboriginal health career programs such as those presently being pioneered at Confederation College and Lakehead University in regards to paraprofessional and professional careers.
At the request of its First Nations' members, NAN has been instrumental and active in developing Aboriginal health career programs in conjunction with Confederation College and Lakehead University, in respect to curriculum for Mental Health Workers and a Native Nurses Access Program, respectively. 17
Ajhe aim of these and other future career training programs will ensure that a cadre of trained paraprofessionals and professionals are equipped with the skills necessary to provide adequate standards and quality of health promotion, prevention, treatment and after-care in NAN communities.
The target of NAN's initiative in promoting and developing Aboriginal health care professions are in the following careers:
Community Health Representatives Registered Nursing Assistants Registered Nurses Mental Health Counsellors N.N.A.D.A.P Counsellors Band Family Services Workers Traditional Healers and Midwives Grief Counsellors
Recommendation # 8
Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to solicit the Governments of Canada and Ontario for continued financial support of the Northern CHR Training Council's annual training resource requirements and to amend and/or develop new policies and programs in conjunction with NAN Staff for the implementation of NAN's long-term training strategies in the areas of Aboriginal health and social services and, further, as an immediate show of good faith, that the Medical Services Branch adopts and implements NAN Chiefs' Resolution 93/04 in regards to Roles and Training for Northern Nurses (Annex H).
2.6 AIDS
Although AIDS has been considered a national epidemic in Canada since 1979, many people in NAN communities do not know what AIDS is, how it is transmitted or how to prevent its proliferation.
In response to First Nation's concerns about AIDS, NAN has established an AIDS Education Program at its head office in Thunder Bay, Ontario.
The main goals of NAN's initiatives on AIDS Education is to prevent the spread of the AIDS virus in NAN communities through the development of translated educational programs and long-term strategies as part of the primary health care processes being established. 18
In addition to producing translated brochures and pamphlets on AIDS education»^ NAN has been undertaking a series of AIDS Workshops, meetings anc^ conferences throughout most NAN communities, towns and major cities in northern Ontario since January 1993.
These on-going initiatives are being targeted at the whole NAN population, and particularly, young people who practice unprotected sex which may result in a high rate of teenage pregnancies and sexually transmitted diseases (SDTS).
The genocidal history of major epidemics and diseases that have decimated our people during the last five hundred years demonstrates our traditional medicine peoples' deep concerns to avoid a repeat of such history.
As NAN moves towards self-government and full control of the health and social sectors, Nishnawbe-Aski First Nations must ensure that their people have full access to all information about HIV/AIDS.
NAN is committed to ensuring that effective HIV/AIDS education and prevention programs are implemented in all NAN communities.
Recommendation # 9
Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to solicit the support of both the Federal and Ontario Governments to provide specific funding resources for Nishnawbe-Aski First Nations to:
• develop their own HIV/AIDS educational programs • develop human sexuality programs for schools and the general population • train all First Nation health workers in AIDS counselling • develop cultural awareness programs for non-Aboriginal workers and professionals in respect to AIDS education • fund First Nations' members to attend, present and share program information at various conferences throughout Ontario and Canada • develop a community-based contingency plan, to ensure the best care and support of persons living with AIDS, is provided at the community level in the areas of: home-support home nursing pain control access to specialist services grief counselling family and volunteer care-giver training care-giver support service systems 19
First Nations' Control
The time has come for First Nations to assume far greater control and responsibilities over the whole range of policies, programs and services within the health and social sectors in the NAN area.
Ownership and control over such sectors must begin at the First Nations community level from which it was suppressed and gradually expropriated by the government authorities.
Under the current federal and provincial systems, all aspects of control and decision-making for health matters is vested in these foreign governments. The health policies, programs and services imposed by these governments do not reflect our cultural values and the inherent, traditional healing practices of our people.
Our health and social services systems must focus on the wholeness of individuals, families, clans and communities, as part of the total healing and revitalization of our Nation.
The essence of our goals in the health sector can be summarized in the following statement to the Scott, McKay, and Bain Health Panel by the Ontario Women's Association:
"When one looks at the medical resources provided to Natives over time, it has been paternalistic at best and non-existent at worst... We realize what is needed in the Sioux Lookout Zone. It is a balance between preventative and curative medicine, maximum community involvement and the use of traditional medicine, health promotion for improved life-styles and medical personnel committed to the Native culture."
Today, Nishnawbe-Aski First Nations are being requested by Medical Services Branch to consider and accept the Health Transfer Policy but are not offered greater control, local decision-making nor total authority because the proposed policies must be devolved within the framework of existing resources and legislation.
And today, the Ministry of Health is formulating an Aboriginal Health Policy in Ontario but again, NAN may only be considered as a 'consultation participant' with little or no power to effect legislative changes to existing provincial laws affecting our communities.
Governments must accept and redefine their meaning of health and social services to establish a broader perspective which will reflect the priorities that Nishnawbe-Aski First Nations have identified in past consultations, hearings, 20 inquiries and studies, including the recommendations in this report.
Major progress in Aboriginal health and social development will only be made through significant policy, legislative and institutional changes which will allow Nishnawbe-Aski Nation to deal with the problems arising from the imbalance of physical, mental, spiritual, social, economic and environmental equilibrium within its communities.
Recommendation #10
NAN recommends that the Royal Commission on Aboriginal Peoples solicits and petitions the Governments of Canada and Ontario to resume negotiations with NAN in regards to the Framework Agreement on Governance which will deal with health and social services issues affecting Nishnawbe-Aski First Nations and further, that both Governments renew constitutional discussions with NAN and affiliated Aboriginal organizations to effect appropriate legislative changes for the establishment of First Nations-controlled health authorities, policies and programs; and further that the Ontario Government provide sufficient resources and services to enable NAN to implement its Recommendations on the Aboriginal Health Policy attached as Annex I of this report. 21
.0 SOCIAL SERVICES ISSUES
3.1 Historical Overview
Prior to colonization, the need for formal social services did not exist. The care of individuals within the collective society was a community responsibility whereby every person played a valuable role in the social structure, regardless of physical stature and age, and there was no sense of the 'charity' driven systems which exist today.
However, the existing Provincial system of social services has had a devastating effect on traditional responses to social problems in that responsibilities are directed at the individual rather than the society as a whole, and those in need of assistance have been classified as "the undeserving poor" regardless of their value as individuals or their role within a collective Aboriginal society.
Social services as they are today, evolved from the establishment of reserve lands resulting from Treaties 9 and 5, and the loss of traditional hunting grounds which led to economic deprivation and a subsequent inability for First Nations to be self-sufficient. Due to the resulting privation and economic loss, the first social assistance was extended to Nishnawbe-Aski First Nations during the 1940's and 1950's by the Indian Affairs Branch in the form of welfare.
While this welfare assistance provided some financial relief to families, it did not address the roots of the problem - the need for a means of livelihood and a useful place in society. Thus, a negative dependency on government social services was imposed on a previously healthy society.
Government social services systems have extensively eroded and damaged the strengths of once-proud and healthy Aboriginal communities. Therefore, a reversal back to a productive and healthy community environment may take a gradual evolvement of social and cultural systems which incorporate traditional value systems within today's acculturated, Aboriginal society.
While the Nishnawbe-Aski Nation wishes to hold the Federal Government to its fiduciary responsibility through the present 1965 Welfare Agreement, the result has created a patchwork of services which have contributed significantly to the extreme social conditions of poverty and deprivation to almost every sector of Aboriginal community life. Social services are one of the most important sectors to be addressed in current self-government negotiations within the MOU process as it directly involves the quality of life for all members of the NAN community including the children, the families, the elderly, the disabled and the unemployed - all of whom suffer extreme poverty and hardships. 22
3.2 Impacts of Government Jurisdictions on Social Services
In the late 1950's, the social assistance policy for Aboriginal peoples residing on reserve, was in a state of uncertainly due to the constitutional disagreement over which level of government was responsible for the provision of social services to registered Indians on reserve lands under the Indian Act. The Federal government has historically taken the view that First Nations people are Canadian citizens and thus, eligible for services provided by any level of government in whose jurisdiction they may reside - that is, on or off-reserve.
The Ontario government has always viewed registered Indians and reserve lands as the responsibility of the Federal government.
Nevertheless, through Treasury Board's authority in 1958, the Federal government permitted the Indian Affairs Branch to provide relief social assistance to registered Indians on-reserve. The Province did not contribute such assistance to First Nations at that time and held to its position that Indians were a Federal responsibility.
Eventually both the Federal and Provincial governments entered into negotiations to resolve the jurisdictional issue regarding the provision of provincial services to Indians, including social assistance.
These negotiations resulted in the 1965 Welfare Agreement which gave the provinces constitutional authority and responsibility to make laws related to social services in that province. Thus, the Province of Ontario has since enacted the following laws governing social services which are still impacting First Nations:
• The General Welfare Act • The Child Welfare Act • The Day Nurseries Act • The Homemakers' Act and Nurses' Service Act
While the 1965 Welfare Agreement attempted to solve the jurisdictional question of provision of social services to Indians, it soon became apparent to First Nations that further problems arose in provisions of social services in terms of levels of services, eligibility criteria, administrative arrangements, funding levels/formulas, statutory/non-statutory services, and a confusing array of legislation.
The 1965 Child Welfare Act was replaced by the 1984 Child and Family Services Act, which combined them into one Act. New services currently available to Ontario under that 1984 Act are not available to First Nations due to the technicality that the 1965 Welfare Agreement lists the old legislation. Due to additional funding implications, both governments refuse to consider an 23
endment to correct this legislation for the benefit of Aboriginals.
With the establishment of Aboriginal child welfare and family services organizations in the 1980's, such as Tikinagan, Payukotayno and Kunuwanimano, costs for the purchase of such services are not provided under the new legislation but are still cost-shared under the 1965 Welfare Agreement, resulting in limited, quality of services and financial levels of services to First Nations.
In addition, First Nations who wish to build facilities for the provision of social services have great difficulty in securing a total funding package for capital costs due to discontinued Federal funding for such costs since 1975.
In effect, the 1965 Welfare Agreement in not only discriminatory to First Nations due to its service limitations, but is redundant and urgently requires re- negotiation.
Recommendation #11
In respect to the 1965 Welfare Agreement:
1) Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to petition the Ontario Government to revise the Child Welfare Act with the 1984 Child and Family Services Act to allow Nishnawbe-Aski First Nations to access the funding of additional services including the Band Representative Program in the short-term and,
2) that Ontario Government renegotiates the 1965 Welfare Agreement with the full and direct input of the Ontario Indian Social Services Council, in which NAN is an active member.
Recommendation #12
Pursuant to Nishnawbe-Aski Nation's recent study on Child Welfare Standards for Native Agencies, that the Royal Commission on Aboriginal Peoples requests the Ontario Government to accept NAN's Draft Proposal dated May 26, 1993, and to immediately enter into direct negotiations with the three child welfare agencies in the NAN area (Kunuwanimano, Payukotayno and Tikinagan) for the purpose of exemptions from certain provisions of the 1984 Child and Family Services Act. 24
Recommendation #13
That the Royal Commission on Aboriginal Peoples supports NAN's position that Child Care Reforms in respect to Child-Care Centres and Home-Based Program Regulations must be sensitized to reflect the cultural and traditional needs of remote NAN communities and that our Elders must participate as resource teachers at Child-Care Centres using their Aboriginal languages.
Recommendation #14
In regards to the Child and Family Services Act, that the Royal Commission on Aboriginal Peoples urges the Ontario government to:
1) impose an immediate moratorium on non-Aboriginal adoptions of Nishnawbe-Aski First Nation children,
2) introduce a review process to address specific adoption cases and that research be undertaken to assess the long-term effects of such placements,
3) revisit Part X of the Child and Family Services Act and other relevant parts pertaining to Aboriginal Children, considering the acquired expertise of First Nations to control and manage such services and programs.
Recommendation #15
In respect to the Long-Term Care programs recently proposed by Ontario, that the Royal Commission on Aboriginal Peoples urges the Provincial Government not to jeopardize First Nations' current Homemaker and Home Support Programs (Federal) by including them in the proposed Aboriginal Health Policy, thereby eroding the responsibilities of the Federal Government in the 1965 Welfare Agreement. 25
Recommendation #16
Regarding Ontario's proposed new Social Assistance Legislation, introducing the Ontario Child Income Program and the Ontario Adult Benefit, which would both replace the General Welfare Act and Family Benefits Act, that the Royal Commission petitions the Ontario Government to ensure that:
1) First Nations' major concerns, (i.e., family income taxation processes) be addressed at the political levels and that the Province of Ontario be required to involve First Nations in all stages of drafting legislation to this effect.
2) Within the proposed legislation, assurance be guaranteed that all issues of First Nations be addressed. (i.e., cultural appropriateness, delivery mechanism, cost of living in remote areas, federal programs, poor socio-economic conditions, inadequate labour market)
3) The "recognition clause" is legislated as well as the "enabling clause".
4) The Province be required to accommodate Nishnawbe-Aski First Nations in their legislative agenda - due to the requirement for First Nations' community consultations.
5) The Province be put on notice that it has failed to incorporate the First Nations' issues identified by the First Nations Project Team as it committed itself to do by endorsing the Report.
6) The Province be required to involve First Nations in any cost- share discussions with the Federal Government regarding the 1965 Welfare Agreement.
3.3 Social Services and Self-Government
NAN defines social services as:
"Those systems which take care of human need associated with the need for financial assistance; the need for assistance in the care and protection of children; the need for care and protection for victims of family violence and other forms of social violence; and the need for an environment which will encourage community health and the opportunity for all community members to live in comfort and harmony." 26
Self-government means that Nishnawbe-Aski First Nations will govern themselves through the establishment, recognition and enforcement of laws determined by First Nations and that any initiatives in the social development sector must be congruent with the goals and aspirations of First Nation people.
Nishnawbe-Aski Nation has a goal of full implementation of self- government systems whereby First Nations will have effective control over the lands and the lives of their communities. Since social and community services play such a crucial role in the maintenance of a healthy, quality life, any initiatives in social development must be compatible with that goal.
The broad Social Services principles previously adopted by the NAN's Chiefs-in-Assembly, are:
• First Nation determined: The identification and definition of needs to plan and develop services for and by First Nations.
• First Nation specific: The establishment of policies and standards to develop services that reflect First Nations' culture in form and content.
• First Nation based: The establishment of priorities, allocations and management of resources; to develop and deliver services in First Nation communities.
• First Nation controlled: To manage service operations and be accountable first and foremost to First Nations and Councils for efficient and effective conduct of the above responsibilities.
A collective Aboriginal society requires a collective responsibility and a holistic approach to the development and delivery of social services as opposed to the individualistic approach of governments today. Programs must be designed to promote social, physical and emotional well-being among communities and their families. Because of the broad scope of social services, and the way they are intertwined with community conditions and other services, governments are unable to address social problems in a meaningful way that is relevant to cultural needs of First Nations. 27
Recommendation #17
That the Royal Commission on Aboriginal Peoples supports NAN'S current negotiations within the Memorandum of Understanding (MOU) negotiations process effected in 1986, by petitioning both the Ontario and Federal Governments to make all efforts towards the successful negotiations of NAN-wide, First Nations - Controlled Social Services systems within evolving self-government structures under the Framework Agreement on Governance.
3.4 Social Services Management Framework
The desperate social conditions in the NAN communities were a major consideration in moving social services into tripartite discussions soon after the Nishnawbe-Aski Memorandum of Understanding was signed with the Federal and Provincial Governments in 1986.
The signing of the Memorandum of Understanding (MOU) in February 1986 by NAN with the Federal and Provincial Governments, set the stage for the development of a draft Framework Agreement on Governance which will allow for negotiations on Social Services programs and service delivery to NAN communities.
Exploratory discussions in the social services sector began in January 1988, at which time Nishnawbe-Aski Nation stated that their broad goal was to improve the quality of life for the Nishnawbe-Aski people. In June of 1989, the Chiefs gave a mandate to Nishnawbe-Aski Nation to begin negotiations on social services.
Funding was then secured by Nishnawbe-Aski to consult with its constituent First Nations regarding the design of a Social Services Management Framework and the development of an implementation strategy. Over 1300 interviews occurred during the community consultations. These consultations recognized the First Nation as the primary unit of Nishnawbe-Aski self-government and reflected their stated desire for maximum community control and autonomy over social services to be provided in the long-term.
The Social Services Management Framework proposes an integrated service approach that would create a system which will be prepared to respond to the multiple needs of the individual, family and community, including the specialized needs of the elderly, disabled and victims of family violence.
This Management Framework will also address all matters and systems which are currently involved in the delivery of social services to Ontario First Nations. 28 0
Within the proposed Framework, policies and programs must be developed^^ determine how Nishnawbe-Aski First Nations will deliver social services to th^n membership. The resulting design must be unique to our First Nations and autonomous within the context of the implementation of self-governing systems.
NAN has proposed this Social Services Mangaement Framework while recognizing that Section 35(1) of the Constitution Act (1982) contains powers and jurisdiction which must be defined to allow First Nations to control and implement their own Social Services program.
Through a series of transitional steps, final transfer of control and responsibility would evolve.
The information gathered through our recent consultations was examined for problems and issues that were consistent throughout the communities of the Nishnawbe-Aski Nation. The principles from which the basis of the Social Services Management Framework is designed, reflect the consultations held with Elders, politicians, paraprofessionals and individuals. It was apparent to all community members that the ability to exercise 'real' control over the implementation and delivery of social services programs was paramount. These expressions are reflected in the following principles:
1. To maximize First Nation's regional planning and control over the design and implementation of social services programs.
2. To respect the expressed desire that cultural values are integrated into the design and delivery of social services programs.
3. To increase opportunities for First Nations and the regional entity, to establish policy and influence delivery of social services programs.
4. To maintain internal and external accountability systems and to ensure accessibility by all community members to required social services programs.
5. To establish effective parameters within the community for the role of politicians and other special interest groups in the delivery of social services programs at the community and regional level.
It is hoped that, by establishing minimum standards for social services programs throughout Nishnawbe-Aski, a First Nation will have the flexibility to assess its own needs and create solutions that effectively meet those needs. This approach suggests the development of a spectrum of programs to provide people with access to a wide range of social services. These systems will reduce the complexity of access to current provincial programs and place more 29
^^emphasis on coordination of needs assessments and counselling services to ^individuals, families, groups and the First Nation community as a whole.
Recommendation #18
That the Royal Commission on Aboriginal Peoples solicits the Ontario Government to support and provide funding resources for NAN'S proposal on its Social Services Management Framework as a step towards the development and establishment of policies and programs in the delivery of culturally-appropriate, and adequate social services to Nishnawbe-Aski First Nations within the MOU negotiations process.
3.5 Housing and Community Infrastructure
The Scott, McKay, Bain Health Panel report in June, 1989, noted the following state of housing and community infrastructure in NAN communities:
"Overall the greatest primary care need in the area is for the people of the Native communities to have access to the three basics of an acceptable quality of life in Canada: clean water, good sanitation and sewage facilities and safe, warm housing ... in fact, the standards of services and infrastructure - housing, water, sewage, etc. - in the Sioux Lookout Zone closely resemble those of many less developed countries."
In spite all the past surveys/studies performed by Indian and Northern Affairs and more recently the First Nations themselves, the majority of NAN communities continue to suffer from the lack of proper housing and adequate infrastructure as quoted above.
Basic needs are not being met and the lack of adequate sanitary services continues to have a major detrimental effect upon the health and social conditions of individuals as a whole in the NAN area.
Many of the health problems which are common within the NAN region (suicides, addictions, crime, diseases, drop-out rate, unemployment etc.) would be diminished if adequate housing, safe water and sewage systems were in place.
At the Keewaywin Conference in Sandy Lake First Nation in July, 1993, the Chiefs-in-Assembly declared a housing crisis in the NAN communities as stated in their resolution 93/83, attached to this report as Annex J.
A recent (1992) comprehensive study on housing and infrastructure for the 30
Kashechewan First Nation (on-reserve population of 1300) concluded that capit^A expenditures of $32 million would be required to bring the housing backlog^^ renovations, new housing and associated infrastructure to acceptable levels at the end of a five-year construction program.
Kashechewan's housing and infrastructure needs are representative of such needs in all Nishnawbe-Aski First Nation communities. Hence, a conservative estimate of $640 million of capital expenditures would be required to just bring the housing and infrastructure needs of Nishnawbe-Aski First Nations to acceptable levels by the year 1998; pro-rated at its total population of 26,000 members.
Recommendation #19
That Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to demand that the Federal and Ontario Governments immediately address this housing and infrastructure crisis in the NAN area by:
1. establishing a Nishnawbe-Aski Housing Secretariat to address Indian housing and infrastructure in the NAN area
2. transferring all legislative authorities and financial resources from IN AC to this Secretariat
3. financing community-based, First Nations' planning and housing development institutions
4. providing adequate levels of financing over a 10-year period, including technical resources to undertake a major reconstruction program at the community level
5. concluding major Cabinet Submissions (Federal/Provincial) for Indian Housing and Infrastructure Projects On-Reserve as projected and developed by the First Nations and/or their respective political organizations 4.0 EDUCATION 31
EDUCATION ISSUES
4.1 Historical Background
Nishnawbe-Aski Nation communities have always followed an informal oral and practical education system, in a communal tradition, as passed on by Elders, parents, youth and children from generation to generation. This form of education was pertinent to the survival of family clans in order to carry on a subsistence economy of hunting, fishing, trapping and gathering for the benefit of the community as a whole.
Prior to the 1900's, there was little or no contact between our people and non-Aboriginal society. Our children were educated according to the needs of closely knit hunting and gathering communities. It was only during the early 1900's (1905-1929), that treaties were signed and the railroad was built west through Sioux Lookout prompting contact with the "European" or settler society.
The Treaties were signed in peace, and in return for our sharing the land, the Crown guaranteed certain inherent, Aboriginal rights to our people, including education. However, the Federal Government, consistent with the prevalent colonial and assimilationist attitudes of the times, turned over the control and responsibility for the education of our children to religious institutions. Children were forced to leave their families and attend residential schools where they were beaten for speaking their own language, and exposed to very few academic subjects. Many students who finally returned home were unable to adjust to a family of strangers. They no longer spoke their languages and were unfamiliar with their culture and community. Parents did not know how to deal with their unhappy "civilized" children. As a result of First Nations' opposition to the residential school policy, community schools were built in the 1950's by the Federal Department of Indian Affairs.
Social change in our communities has accelerated in the past 20-30 years. Communities have moved from pre-industrial, traditional society to hi-tech computers in one generation; from dog teams to ski-doos, airstrips, telephones and television. Many families today are still unable to cope with that rapid, cultural transition as evident by rising statistics on social problems resulting in suicide; family breakdown, dislocation and violence; substance abuse; and physical or sexual abuse.
The social impacts of this transition have also impacted the area of education, where to this day, the standards are extremely low, and less than 10% of the population between the ages of 15 and 45, has graduated from Grade 12 and only 14% functions at a basic, literacy level of 32
Grade 6. The Federal and Provincial education systems have failed to adequately address or resolve these problems, thereby creating an overwhelming need for alternative programs and educational upgrading. Increasing population trends in our youth group will continue to exacerbate these social problems and place increasing demands upon the existing education systems.
As with other social programs, the administration of Indian education is being "transferred" to local, Aboriginal education authorities, which the Federal Government proudly proclaims through its public propaganda on education transfer dollars and other vague statistics. While our First Nations are forced to accept this education transfer to the local administration level, the Federal Government will not recognize First Nations' jurisdiction within the context of constitutional entrenchment and legislative enactment.
In spite of these overwhelming obstacles, NAN communities are pressing for total, local control of education programs and services for their students at the elementary, secondary and post-secondary school levels. And, although the Federal government has recently cutback on education funding, Nishnawbe-Aski First Nations' students are seeking further educational opportunities in all professional fields of business, public administration and affiliated local/regional Aboriginal entities.
Today, NAN communities continue to carry on this family-oriented tradition of education, despite surviving the ravages of colonization, disease and the assimilation policies of the post-war Federal Indian education system as enacted through Indian Day Schools, residential schools and post- secondary, foster home programs.
4.2 Declaration of Political Intent (DPI)
In December 1985, the Declaration of Political Intent (DPI) was signed by NAN, Union of Ontario Indians, Grand Council Treaty #3, Association of Iroquois and Allied Indians, the Teme-Augama Anishnabi, and the Governments of Ontario and Canada. These parties committed to enter into tripartite discussions to resolve issues related to First Nations self- government and arrangements with respect to the exercise of jurisdiction and powers by First Nations' Governments in Ontario.
Terms of Reference developed by the parties state that the main goal of these education discussions is to develop and implement a plan whereby the First Nations of Ontario will design, control and execute their formal education process(es) and that these negotiations, 33 pursuant to the DPI, will address a range of issues towards achieving Vidian control of Indian education within the broader objectives of Indian Self-Government.
NAN is actively involved with three sub-groups in these DPI discussions:
1) Education Law Sub-Group 2) Native Trustee Representation on Provincial School Boards Sub- Group 3) Tuition Agreement Sub-Group
The most significant sub-group is Education Law. The need for a First Nations' jurisdiction and legislation in education has long been identified as a fundamental need. First Nations are currently limited to administering elementary, and in some cases, secondary education programs on- reserve, on behalf of Indian and Northern Affairs Canada (INAC).
Current consultations with NAN communities have determined local problems in education and community expectations for improvements to the existing education systems and long-term solutions towards a community-controlled education system. These community consultations have assisted NAN in developing the following statements of principles which have guided the negotiations in the Education Law Sub-Group:
1. Individual First Nations, in all matters pertaining to the exercise of jurisdiction in education are paramount; Chiefs and Councils are the "highest recognized form of First Nations' government".
2. First Nations' jurisdiction over education, as an aspect of self- government, is inherent and derived from Aboriginal rights. This jurisdiction is recognized and affirmed in Section 35 of the Constitution Act. 1982. Aboriginal rights are confirmed by treaties. The confirmation of treaty rights to education are to be interpreted in their contemporary and liberal meaning; in the spirit rather that the literal text of treaties. First Nations' jurisdiction is distinct and separate from either Section 91(24) or Section 93 of the Constitution Act. 1867.
3. The Federal Government maintains a fiduciary obligation to provide adequate funding levels in the exercise of First Nations' education jurisdiction. However this obligation is not synonymous with either managing First Nations' education or setting First Nations' policy. The Provincial Government also has a fiduciary responsibility. 34
4. The First Nations' right and obligation to provide quality education is comprehensive and includes, but is not limited to: cultural and traditional, pre-school, elementary, secondary, special education, post-secondary, upgrading, skills development, training, vocational, human resource development and adult education; the right is not externally circumscribed. Education is a life-long holistic process; a life-long continuum.
5. First Nations' jurisdiction over education extends to citizens of First Nations beyond reserve boundaries.
6. First Nations have the right to utilize their Aboriginal languages in education programs according to the means they see fit and to determine the rate of introduction of English as a language of instruction.
7. First Nations have the right to set education policies and standards according to their defined needs.
8. First Nations' define the citizenship of First Nations.
In addition to these 'guiding principles', there have been discussions on First Nations' education standards, whether or not these implicitly or explicitly recognize provincial education standards or whether they are to be different from provincial standards, the school calendar year, native teacher training, etc.
As part of this DPI Negotiations on Education, NAN is also participating in the following areas and/or activities:
• Tuition Agreement Sub-Group to complete the production of a Tuition Agreement Negotiations Handbook by October, 1993.
• Native Trustee Representation Sub-Group to address the restrictions posed by Section 165 of the Ontario Education Act in regards to minimal First Nations' trustee representation on provincial boards of education.
• Nishnawbe-Aski Nation Education Committee to deal with NAN- wide education issues and concerns on a political or technical level.
• Ministry of Education and Training Aboriginal Education Training Strategy (MOET AETS) whose long-term goal and educational agenda would establish "Aboriginal control of Aboriginal 35 u Education, including the establishment and funding of Aboriginal post-secondary institutions."
• Proposed Aboriginal Education Network (AEN) to make available education technicians to serve in a technical and advisory capacity to First Nations' political leadership and to assist in the evolution of a First Nations' education jurisdiction.
• Aboriginal Teacher Education Working Group (ATEWG) to develop a means of increasing the number of Aboriginal teachers, improving the quality of Aboriginal Teacher Education Programs and improving the quality of Non-Aboriginal teachers.
• Ontario Royal Commission on Learning whose broad mandate is to undertake consultations in Ontario on the future direction for education in Ontario and to make recommendations to the Ontario Government.
• Various Employment Training Programs:
Pathways to Success Ontario Training Adjustment Board (OTAB) Project and the Aboriginal Inter-Governmental Committee on Training Jobs Ontario Training Fund
• NAN DPI Education Consultation Process Towards the Development of a Community - Controlled Education System whose goals are:
1. To ensure that the process being undertaken in this proposal is community-driven.
2. To provide a forum for discussion at the First Nations, Tribal Council and NAN Chiefs-in-Assembly levels: a learning and decision-making process which will allow for the development and examination of models/options and address the fundamentals of jurisdiction, legislation, governance and structure.
3. To examine the issues of education policy and standards and to provide options on these, in terms of the above goals.
Many workshops and conferences have been convened, including studies undertaken by individual Nishnawbe-Aski First Nations, Tribal Councils, the 36
Northern Nishnawbe Education Council, including NAN, to address educational problems and issues in the NAN area. As a means of administering better educational programs, more pertinent to Aboriginal culture and aspirations, several Nishnawbe-Aski First Nations and Tribal Councils have undertaken the federal transfer process of local education programs and services. The Nishnawbe-Aski Nation will continue its participation in the Declaration of Political Intent negotiations process to address and resolve outstanding education issues and to promote the eventual implementation of a Community-Controlled Education system.
The extent in which these DPI negotiation will progress in developing substantive, First Nations' education laws, may ultimately depend upon whether or not the fundamental concept of 'self-government as an inherent right' will be codified in the Constitution Act. 1982.
Recommendation # 20
That the Royal Commission on Aboriginal Peoples supports NAN's current negotiations within the Declaration of Political Intent (1985) negotiations process by petitioning both the Ontario and Federal Governments to make all efforts towards the successful negotiation of a NAN-wide Community- Controlled Education as desired by Nishnawbe-Aski First Nations within evolving self-government structures under the Framework Agreement on Governance (Annex M).
4.3 Education Jurisdiction
The importance of education jurisdiction has long been recognized by the people of the Nishnawbe-Aski Nation. This is apparent in the education guarantees that were agreed to and included in the two treaties covering Nishnawbe-Aski Nation communities - Treaty No. 9 and Treaty No. 5. The education clause in the James Bay Treaty No. 9 is set out as follows:
"Further, His Majesty agrees to pay such salaries of teachers to instruct the children of said Indians, and also to provide such school buildings and educational equipment as may seem advisable to His Majesty's government of Canada. " 37
^pThe relevant clause in Treaty No. 5 is set out as follows:
"And further, Her Majesty agrees to maintain schools for instruction in such reserves hereby made as to her Government of the Dominion of Canada may seem advisable, whenever the Indians of the reserve shall desire it.
The Treaty No. 9 Commissioners at Moose Factory further reported that:
"John Dick remarked that one great advantage the Indians hoped to derive from the Treaty was the establishment of schools wherein their children might receive an education".
It is the position of NAN that education is an inherent Aboriginal right affirmed and guaranteed by the Federal Government within the spirit and intent of the James Bay Treaty No. 9 and Treaty No. 5. NAN communities continue to maintain this understanding which was confirmed during the time of the Treaty signing so that the Aboriginal way of life would always be maintained.
A legal opinion on these education clauses was prepared by the NAN legal counsel in 1985. Accordingly, the transfer of benefits from Canada to Treaty First Nations is guaranteed in the education clauses. Furthermore,
"... the Treaty clauses are unambiguous in their designation of Canada as the level of government 'responsible' for Indian education'" but "... Canada's guarantee of Indian education does not entail unilateral power over all aspects os such education. "2
The education clauses in Treaties 9 and 5, can be viewed as an aspect of the fiduciary or trust relationship between the Government of Canada and the Aboriginal people.
As such, Canada would act as an agent, trustee or fiduciary toward the Indian people with regard to the implementation of the education clauses. Interpretations of Federal and Provincial jurisdictional responsibilities respecting Indian education were provided to the Indian Commission of Ontario in 1987 as part of the DPI process.
1 Sherry, Michael, "Legal Opinion on the Education Clauses in the James Bay Treaty and Treaty No. 5", February 1985, p. 6.
2 Ibid, p. 6. 38
The Constitution Act. 1867 provides the constitutional parameters under Section 93 which gives provincial legislatures the exclusive authority to make laws in relation to education. Section 91(24) gives Parliament the power to legislate with respect to Indians and Lands reserved for Indians.
In regards to responsibilities, the Federal interpretation states that-
"the Federal government agreed to assume certain educational obligations as 'may seem advisable' to it under Treaties 5 and 9. However, the Federal Government has not limited its education programs for Indian people to treaty obligations, and for the most part the education responsibilities for Indian people that the federal government had undertaken have been self assumed by the government as a matter of policy. "
Both the Federal and Provincial governments view the education of Aboriginal students as a matter of concurrent, legislative competence, however, the Federal role is dominant with respect to Aboriginal people living on reserves.
The question of who is bound by the Crown's fiduciary obligations to the Aboriginal peoples - the elements of the Crown that are responsible for carrying out the fiduciary obligations owed to the Aboriginal peoples - is one of the most vital questions left unanswered by judicial and academic considerations of the Aboriginal fiduciary relationship.
"While Canadian Aboriginal rights jurisprudence has thus far failed to explicitly recognize the fiduciary responsibility of Provincial Governments, the implicit acceptance of Provincial liability in existing case law indicates the judicial acknc Aedgement of Provincial responsibilities towards Aboriginal peoples. There are a variety of bases upon which to found Provincial fiduciary obligations. All that remains is for the judiciary to explicitly recognize that which it has already hinted at.
The concept of a fiduciary duty can be reconciled with self-government by viewing the duty as a duty to recognize the institutions of self-government and provide them with appropriate resources, rather than as a duty to manage and supervise Aboriginal affairs. Ontario's role in the signing of Treaties 9 and 5 and the fiduciary duty of the Province to First Nations is
3 Morris, Ledgett and Rose, "Legal Opinion on Provincial Fiduciary Responsibility to Aboriginal Peoples", July 1993, p. ? 39
important matter for further discussion among the NAN leadership, Chiefs and the community at large.
As part of the current consultation process to determine and update local problems in education and community expectations for improvement, NAN is currently focusing its efforts on:
• the preferred order and relationship of discussions on jurisdictional arrangements and appropriate improvements to the existing systems
• the extent of Provincial involvement which will be sought in future First Nations' education mechanisms - that is, whether educational systems would be distinctly separate but equal to the provincial system, or be part of it
Recommendation # 21
That the Royal Commission on Aboriginal Peoples support NAN's efforts to immediately commission a legal study on whether or not there are grounds for NAN to argue an Ontario fiduciary responsibility towards NAN First Nations' vis-a-vis, obligations under Treaties 9 and 5. That such a study also defines a possible Ontario fiduciary responsibility in the development of an evolving First Nations education jurisdiction within the context of self-government. That the possibility of an Ontario fiduciary will not compromise the Federal fiduciary. 5.0 JUSTICE ISSUES 41
%i5.0 JUSTICE ISSUES
5.1 Traditional Justice
In the NAN area, which represents approximately two-thirds of Ontario, modern- day legal services have existed for only about 60 years during which time foreign judicial systems have eroded our Aboriginal code of ethics.
Research into these traditional customs reveals a range of disciplinary areas in which laws were enforced. There were rules on personal behaviour, offenses against individuals, family or kin groups, offenses against the community and against the environment, to cite a few. Traditional laws not only imposed corrective action but also included teachings and healings for offenders to help them understand their problems and local codes of ethics as a preventative measure.
Historically, Nishnawbe-Aski First Nations had the capacity and means to undertake judicial cases based on traditional laws and social systems which kept our Aboriginal societies healthy and allowed for dispute resolution. Elders and other respected community leaders were consulted and involved in collective judgments whether to provide disciplinary counselling to an offender or whether to impose a community-type service as a form of sentencing to the individual. In rare cases, a temporary banishment from the community achieved the desired restitution, with imposed conditions on conduct to be met upon return of the offender back to the community.
Today the current Federal/Provincial judicial systems are discriminatory to Aboriginal communities. They have gradually destroyed our Aboriginal traditions in the judicial process - traditions which stressed the customary resolution of disputes, the healing of wounds and the restoration to social harmony. As a result of this destruction, Aboriginal communities today have less respect for their traditional laws and social values. During today's circuit court proceedings in NAN communities, our traditional Elders and respected community leaders have been simply ignored and relegated to helpless bystanders, mere observers or token participants in a system that is racist and unjust .
In recognition of our traditional customs and experience injudicial processes and the fact that our communities are not well-served by conventional Euro-Canadian justice systems, NAN is moving in the direction of not only improving the administration of the existing judicial processes, but also re-building our traditional forms of justice which served our communities well in the past.
In response to our peoples' continuing legal problems caused by the present-day legal systems, NAN is addressing these issues by taking a leading role in the Steering Committee and Working Group on the Administration of Justice 42 in the Nishnawbe-Aski Nation at the provincial level. Also, NAN is an activ^ participant in fighting racism specifically directed towards Aboriginal people, by being a member of the Ontario Joint Aboriginal Anti-Racism Committee. These two committees are outlined and described further in the following sections.
5.2 The Steering Committee and Working Group on the Administration of Justice in the Nishnawbe-Aski Nation
5.2.1 Working Group
The Working Group was established in November of 1985 as a "Working Group on the Adminstration of Justice in the Remote North". In May 1991, it broadened its scope to include the whole of Nishnawbe-Aski Nation (road access as well as fly-in communities) and changed its name to reflect this expanded mandate. Membership is composed of ten representatives chosen by NAN, and nine representatives from the judiciary, the private bar, the Ontario Legal Plan, the Solicitor General, Correctional Services and Community and Social Services. The Executive Director of the Nishnawbe-Aski Legal Services is an ex-officio member.
The original purpose of the Working Group was to improve the adminstration of justice of the Euro-Canadian justice system - in the northern NAN communities. However, in November 1992, the Working Group directed that there be an equal focus given to "Traditional/Alternative/Community-Based Justice Systems".
Currently, the priorities of the Working Group are broken clown into two areas, as follows:
A. Traditional/Alternative/Community-Based Justice Systems
1) Response to the Evaluation of the Sandy Lake and Attawapiskat Justice Projects
2) Issues of Descriptive Outlines for Community Justice Projects not funded by Governments
3) Issue of Global Justice Funding for NAN Communities and the Associated Cost of Justice Study
4) Muskrat Dam Justice Project
5) Development of a Community Justice Projects Training Team 43
Development of Aboriginal Justice Systems under the MOU process
7) Tribal Council Workshops on Aboriginal Justice Systems
8) Nishnawbe-Aski Nation Justice Conference
9) Assembly of First Nations Strategies on Aboriginal Justice
B. Existing Justice System
1 ) Family Violence Research
2) Osnaburgh-Windigo Tribal Council Justice Review Committee Report
3) Issue of Policing at Bearskin Lake
4) Progress Report on Native Justice of Peace Program
5.2.2 Steering Committee
The Steering Committee is composed of four members of the Working Group chosen by NAN and four members designated by the Government, judiciary, private bar and Ontario Legal Aid Plan. In addition, the Executive Director of the Nishnawbe-Aski Legal Services is an ex-officio member. Meetings of the Steering Committee are held every 4 - 6 weeks. The Steering Committee reports to and undertakes work on behalf of the Working Group.
5.2.3 Activities and Issues
Both of the above groups are chaired by the Deputy Grand Chief responsible for Justice and Legal issues. Costs associated with both groups are reimbursed by the Ministry of the Attorney General.
NAN representation on both committees has increased in the area of Traditional/Alternative/Community-Based Justice Systems which is now a priority of the Working Group and its Steering Committee.
To support the initiatives of our communities to deal with various felonies, misdemeanors and family violence, the concept of Community-Based First Nation Justice Systems must be accepted and developed. This form of traditional justice system will be one which focuses on restoring individuals to 44 their place in the community with compassion and understanding, as opposli^ to applying punishment through sentencing. Such a system will enhance the opportunities for our communities to resolve their legal and justice issues in culturally-appropriate but effective processes.
Recommendation # 22
That the Federal Government provides adequate support and resources to the various pilot projects described in Section 5.2 herein, and particularly in the development and implementation of NAN-wide Traditional Community-Based Justice Systems for First Nations.
5.3 Ontario Joint Aboriginal Anti-Racism Committee
This committee was struck in 1991 to address the racism that is specifically directed toward Aboriginal people. The committee is made up of eight (8) groups representing various Aboriginal people across Ontario status and non- status political organizations, native women and friendship centres. The Ontario Native Affairs Secretariat and the Ontario Native Council of Justice may have observer status, depending on financial considerations. The current phase is to prepare a final report which will be submitted to the Ontario Cabinet for consideration and approval of the following recommendations:
1. Education, perhaps through the media, is required to sensitize the general population about Aboriginal and Treaty rights.
2. Curriculum enhancements in schools, beginning at the elementary level, to better reflect past and ongoing contributions made be Aboriginal people to Canadian society. Government must take on the role of teacher as it has done much to perpetuate myths through misinformation and exclusion of positive contributions of Aboriginal people.
3. The stereotypical oversensitive Aboriginal myth must be dispelled. Aboriginal people must be encouraged to utilize whatever channels are available to confront and deal with racism. They must be given the necessary support to see them through this process.
Recommendation # 23
That the Federal Government immediately takes steps and due processes to reform the existing legal and justice systems to deal with racism and the treatment of Aboriginal peoples during legal proceedings, courts and especially incarceration. 45
NAN Policing
In 1990, a Policing-Memorandum of Intent was signed by NAN, Canada and Ontario. This Memorandum specified the intent of the Parties to enter into arrangements which will permit the people of the Nishnawbe-Aski area to gradually assume responsibility for policing services by creating an autonomous police agency for the Nishnawbe-Aski area.
The NAN Policing Committee which was established subsequent to the Policing- Memorandum, has recommended a NAN Police Service to be comprised of three divisions: one to service the Mushkegowuk area, a second to service the isolated communities in the western portion of NAN, and a third to cover the road-access communities in the Mattawa and Wabun Tribal Council areas.
Resolution 92/71 on Police Services passed at the Keewaywin Conference in September, 1992, states that each First Nation within Nishnawbe-Aski Nation should receive an appropriate number of First Nation Constables and that the additional officers should come from the numbers identified under the Ontario First Nations Policing Agreement.
This proposal has been tabled with Canada and Ontario at Ontario First Nation Police Commission Meetings. Both levels of government are adamant that additional officers can only be accessed through regional agreements.
Negotiations for an autonomous NAN-controlled police service have continued on a monthly basis since last September 1992. Negotiators have committed to having an agreement finalized by the end of September, 1993. NAN is firm that the Memorandum of Understanding takes precedent over the Ontario First Nations Policing Agreement and the new Federal First Nation Policing Policy.
Both Canada and Ontario are refusing to fund the Policing Negotiator's position stating that this money should come from the core funding received tor MOU negotiations.
The Police Committee is considering a recent proposal that has been tabled by Canada and Ontario. Under this new proposal, the Governments will recognize a NAN-Controlled Police Service and a NAN Police Services Board. They have offered to support an operational police service in Division "A", the Mushkegowuk area, as well as the human resources requested for a Divisional and General Headquarters.
The Governments are requesting that this be the first phase of the NAN Policing Agreement and that it covers a three-year period. An evaluation period will be built into the first agreement. NAN will take over responsibility of policing 46 services for the remainder of their communities in the second phase of the agreement.
In addition, both Ontario and Canada are offering to provide human resources and equipment to service the NAN communities which are presently without on- site officers. There are presently seventeen communities within NAN without First Nation Constables which would mean an additional twenty-eight officers.
Recommendation # 24
That the Governments of Canada and Ontario will continue to honour the spirit and intent of the 1990 Policing Memorandum of Intent signed with NAN and to provide all the necessary resources to permit the people of the Nishnawbe-Aski area to gradually assume greater responsibility for policing services by creating an Autonomous Police Agency for Nishnawbe-Aski First Nations.
It is NAN's expectations that a new NAN-Ontario Policing Agreement will be finalized by mid-fall 1993 and that the NAN Police Services and NAN Police Services Board will be officially established immediately thereafter.
5.5 Corrections - Memorandum of Agreement
NAN has been in a dialogue with the Ministry of Correctional Services to discuss justice and related issues since signing a bi-lateral Memorandum of Intent with Ontario in 1990.
On the agenda is the Ministry's desire to transfer its community supervision and rehabilitation functions to Nishnawbe-Aski First Nations or NAN-controlled entities. This Ministry proposed that these transfers could be concluded within a Memorandum of Agreement between NAN and Ontario to be ratified by the Chiefs-in-Assembly.
Due to lack of adequate information on Ministry programs, insufficient consultations on the Memorandum of Intent and the proposed Memorandum of Agreement, the NAN Chiefs mandated the Executive Council to undertake a series of thorough consultations with NAN First Nations prior to concluding any final agreements.
These consultations were concluded in the spring of 1993, and resulted in the finalization of a Corrections Annual Report dated July, 1993, complete with recommendations to the Ministry of Correctional Services and presented at our 1993 Keewaywin Assembly of NAN Chiefs. 47 summary of these recommendations is attached to this report as Annex K.
Recommendation # 25
Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to solicit the Governments of Canada and Ontario that they provide adequate financial resources to enable NAN to negotiate corrections issues under the Framework Agreement on Governance within the MOU process; and that the Ontario Ministry of the Solicitor General and Correctional Services will implement the recommendations contained in NAN's Corrections Annual Report (Interim - July 1993), attached hereto as Annex K. LAND, RESOURCES
AND THE
ENVIRONMENT LAND, RESOURCES
AND THE
ENVIRONMENT 49
LAND, RESOURCES AND THE ENVIRONMENT
NAN's community consultations this past year, in regards to issues relating to the MOU Framework Agreement on Land, Resources and the Environment, have confirmed the understanding of its position on these important issues as interpreted by NAN Elders.
The Elders have rejected the common position espoused by Canada and Ontario concerning the terms of Treaty No. 9 in respect to lands, resources and the environment.
It is our Elders' understanding that NAN signatories never ceded nor sold their traditional territories within the Treaty No. 5 and 9 areas. It is their belief that the Creator gave the Nishnawbe-Aski their territories to utilize the land for traditional pursuits; to harvest its resources for sustenance; and, to protect the surrounding environment from foreign pollutants.
In effect, it is the Elders' position that these Treaties affirmed our inherent Aboriginal right as custodians of our land, resources and the environment, which we agreed only to share in a mutually fair, but equitable manner with the settler governments.
6.1 MOU Framework Agreement
It is this fundamental understanding of principles which has formed the basis for NAN's negotiations on the MOU Framework Agreement on Land, Resources and the Environment, as further described in Section 7.3 of this report. This Framework Agreement sets out a holistic approach to land and resources negotiations on the following issues:
land tenure (categories) access to lands and resources land-use planning and management environmental protection regime conservation planning wildlife harvesting and protection parks, reserves and protected areas roads, transmission lines, pipelines, railways, waterways, etc. land and resource institutions dispute mechanisms jurisdiction and governance of customary lands and resources
This Framework Agreement, which is detailed in Annex L, calls for a larger land base for Nishnawbe-Aski First Nations and for varying degrees of jurisdiction 50 over land categories, including greater control and revenue-sharing from plan developments in the territory.
Recommendation # 26
Nishnawbe-Aski Nation is committed to advancing the negotiatons on Land, Resources and the Environment according to the process established under the 1986 Memorandum of Understanding and requests the Royal Commission on Aboriginal Peoples to urge both Canada and Ontario to make their best efforts to conclude the Framework Agreement on Land, Resources and the Environment within the near future by providing all necessary resources required to do so.
6.2 Economic Development
The Nishnawbe-Aski Nation Executive has received a mandate from its Chiefs- in-Assembly through Resolution 92/44 to address the chronic, economic depression in the NAN communities by undertaking a Comprehensive Regional Economic Planning process in the NAN region.
This regional planning process would involve the direct input of Tribal Councils and First Nation economic development staff to assist in mapping out a strategic, long-term economic development framework for the region, including the following sectors:
• NAN wide electrification and power needs • employment generation initiatives • transportation needs • tourism activities • infrastructure needs (water/sewer) • telecommunication networks • financial institutions • equity generation • commercial partnerships or joint ventures with non-Aboriginal business • linkages with public, municipal, business and investment sectors • data banks and statistical networks
Of these planning activities, progress has been made in a few areas:
• an Equity Fund for investment purposes • a feasibility study in the area of Telecommunications Networks to address the deficiencies in NAN communities as part of Ontario's overall telecommunications strategy 51
discussions and linkages with the northern chapters of the Ontario Chambers of Commerce
The goal of NAN's initiatives in the economic development sector is to provide on-going support to community-based, economic development initiatives and to negotiate eventual fiscal transfers from Ontario and Canada to local, and regionally-based First Nations' economic development entities.
Recommendation # 27
Nishnawbe-Aski Nation requests the Royal Commission on Aboriginal Peoples to solicit both Ontario and Canada's support of this Comprehensive Regional Economic Planning Strategy through the financial resourcing of its proposal titled, Proposal to Begin Comprehensive Regional Economic Planning in the Nishnawbe-Aski Nation, previously submitted to both Governments. NISHNAWBE-ASKI NATION
GOVERNANCE 53
NISHNAWBE-ASKI NATION GOVERNANCE
7.1 The James Bay Treaty No. 9 (1905)
In 1977, NAN presented the Nishnawbe-Aski Declaration to the general public and the Governments of Ontario and Canada. In the Declaration, NAN declared its right to renegotiate the James Bay Treaty No.9. This decision was supported by the Elders' knowledge, from their actual treaty participation, that they never surrendered the land nor did they allow the provincial government to regulate their traditional hunting, fishing, trapping and gathering activities.
In 1979, a document titled, "An Historical Analysis of Treaty #9" was prepared by Jim Morrison which outlined arguments demonstrating that valid consent was not evident during the Treaty signings in 1905 and 1929.
This research also shed light on the 1988 British Privy Council decision which gave Ontario title to all lands in 1867 within the current provincial boundaries with the passage of the BNA Act. This enactment necessitated the Federal Government to involve the Ontario Government in selecting reserve lands for Indians identified in the treaty areas. Hence, Ontario participated with Canada during the signing of the James Bay Treaty No. 9 in 1905 and its subsequent adhesions in 1929.
In July 1980, Solicitor Edward McWhinney's analysis of Treaty No. 9 raised the questions of whether or not the James Bay Treaty was an international agreement in the true context of international law or, whether this Treaty was in fact a treaty within the context of domestic law. If the latter was the case, then the successors of that Treaty had the right to apply for rectification in a Federal Court or the Supreme Court of Canada.
As a result of Mr. McWhinney's legal opinion, the Nishnawbe-Aski Nation Chiefs adopted resolutions in July 1980 identifying the need to renegotiate the Treaty and to consult with the communities as to the best strategies to be considered in implementing their positions on renegotiation.
In August 1980, NAN supported the defense of Simeon Cheechoo, a member of the Constance Lake First Nation, who was charged under the Ontario Game and Fish Act for "trapping violations". The District Court Judge Maranger, in his 1980 judgement, declared that "Ontario regulations with respect to trapping licenses did not apply to treaty Indians."
That decision was never appealed by the Ontario government and, in fact, was later referred to by the Supreme Court of Canada in the Simeon vs. Reqina case, which gave the Cheechoo vs. Reaina case more credibility. 54
In November 1981, the NAN Chiefs adopted a resolution mandating the Executive Council to define Aboriginal and Treaty rights for the purposes of clarifying Aboriginal rights within the Canadian Constitution.
In October 1982, a review on Brian Slattery's thesis titled "The Land Rights of Indigenous Canadian Peoples", was undertaken in order to seek out arguments in support of NAN's position on treaty renegotiation. The following month, NAN commissioned a major field study in the Windigo area to interview and solicit the positions of Elders involved in treaty- making, as to what was said and promised during the Treaty 5 adhesions of 1929.
These interviews formed the basis of the formal Treaty Position adopted by the NAN Chiefs in March 1983, on the interpretation of the treaties and re-confirmed their direction to the Executive Council to renegotiate Treaty No. 9.
The following are major points adopted by the NAN Chiefs at that time, which continue to guide and form the basic principles of NAN's interpretation of the James Bay Treaty No. 9 and Treaty 5, during the current negotiations within the MOU process:
1. The land, water and resources were not surrendered by virtue of the treaty-making process
2. The Treaties do not delegate authority to the Federal or Provincial governments to regulate our livelihood such as hunting, fishing and trapping
3. The Treaties do not provide legislative authority to Federal/Provincial governments to infringe or interfere with our sovereignty that we exercise in our communities and on our hunting grounds
4. The Treaties guarantee that the Queen of England, through the Federal Government, will protect our people and our lands from the intrusion of white settlers
5. The Treaties guarantee that the Federal government will protect our livelihood and provide for the well-being of our people in areas such as housing, education and medical services
6. The Treaties guarantee that our Leaders will have equal governing authority in our lands similar to the Queen's governing authority in her lands
7. Annuity payments which our people accept are recognized by our Leaders as a token symbol of friendship and trust with the settler governments 55 m The Treaties guarantee that we are tax-exempt from the settler government tax laws
9. The Treaties indicate that the Nishnawbe-Aski will share the land providing that both cultures do not interfere with each other's life styles
10. The Treaties indicate that we, the Nishnawbe-Aski will abide by the Creator's laws
11. The Treaties guarantee that any amendments to the terms and conditions mentioned above, requires the consent and approval of each party
The following are NAN's recommendations to the Royal Commission on Aboriginal Peoples on the rectification of our James Bay Treaty No. 9:
Recommendation # 28
The Nation-to-Nation relationship between the Crown and the Nishnawbe-Aski by virtue of the James Bay Treaty No. 9, shall be the basis from which any future policies can be developed to reinforce the Abohginal inherent right and responsibility of Nishnawbe-Aski First Nations to govern themselves in an autonomous manner.
Recommendation # 29
By virtue of the foregoing principles on treaty-making, the Royal Commission on Aboriginal Peoples must petition the Federal and Ontario Governments to honor the spirit and intent of Treaties 9 and 5, according to the understanding of our signatories.
Recommendation # 30
The Federal Government should establish a formal process, such as a Tribunal, in conjunction with Nishnawbe-Aski First Nations, in order to rectify Treaties 9 and 5, resolve treaty disputes, violations and implementation of treaty obligations which may require formal resolution in the case of negotiations break-downs. Settlements of such disputes may be resolved through legislative changes and, or compensation agreements involving land, resource-revenue sharing and other fiscal assets. 7.2 Canadian Constitution
The Nishnawbe-Aski Nation had made every effort to consult with its First Nations and membership in regards to the constitutional proposals during the summer of 1992. At our All Ontario Chiefs' Conference in October 1993, notations to the legal text of those proposals were so extensive that almost every major item was left in question. The conclusion reached was that every issue was up for negotiation and that only a unanimous consent by all parties would be required to satisfy the constitutional proposals. It was generally felt that a unanimous agreement would be virtually impossible to achieve under such conditions.
In spite of these perceived difficulties, NAN's role at the subsequent AFN Assembly, was to ensure that the analyses and interpretations of the various proposals would be presented to the NAN membership at large so that the people could state their preference on Referendum Day, October 26, 1992.
In retrospect, defeat of those constitutional proposals, indicate primarily that there was great confusion as to the legal text, and secondly, that the intent of the proposals was suspect due to the peoples' inherent mistrust of all levels of government.
Aside from the negative, political fall-out experienced in the aftermath of Referendum Day, a most positive result of that constitutional process was the elevation of the Aboriginal position to the forefront of public awareness - largely due to the effective public relations campaign undertaken by our National Chief, Ovide Mercredi.
During the Constitutional negotiations leading to the national referendum on the Charlottetown Accord, the Nishnawbe-Aski Nation (NAN) had always maintained its position that self-government must be entrenched in the Canadian Constitution. After the failure of that Accord, NAN continued to advance its position on Aboriginal and treaty rights by participating and making a presentation to the second round of hearings of the Royal Commission on Aboriginal Peoples.
The Nishnawbe-Aski First Nations always maintained that they never relinquished their Aboriginal and inherent rights upon the signing of peace and goodwill treaties. In fact, the treaty-making process was a general understanding to co-exist and share the land and the resources. NAN's position is that the Aboriginal and inherent right to self-government is recognized and protected under Section 35 of the Canadian Constitution and that self- government must be negotiated under Section 35(1) of the Constitution. 57
following is NAN's recommendation to the Royal Commission on Aboriginal Peoples in respect to continuing on-going negotiations on Aboriginal issues within the context of the Canadian Constitution, pursuant to the recent provincial First Ministers Conference at Baddeck, Nova Scotia.
Recommendation # 31
That the new Federal Government will immediately state its position with regards to Aboriginal issues within the Canadian Constitution and to demonstrate its political will by establishing a renewed negotiations process on Section 35( 1), to elaborate and implement First Nations' jurisdiction to governance.
7.3 Nishnawbe-Aski Nation (NAN) Governance
Although the constitutional talks have been deferred indefinitely, and the Aboriginal peoples did not achieve constitutional recognition of their inherent Aboriginal right to self-government, that goal will continue to be one of the basic principles which will guide NAN's future negotiations on self-government established through the 1986 Memorandum of Understanding (MOU) process on the Framework Agreements pertaining to Governance and on Land, Resources and the Environment.
The Nishnawbe-Aski Nation signed the Memorandum of Understanding (MOU) with Canada and Ontario on February 24, 1986, to commence the process of self-government negotiations which were based on the draft Framework Agreement on Governance and the draft Framework Agreement on Land, Resources and Environment including the Interim Measures Agreement of 1990.
The purpose of these Framework Agreements is to establish a general framework of principles, powers and procedures for specific negotiations on Governance and on Land, Resources and the Environment under the Memorandum of Understanding of 1986 signed between Canada, Ontario and NAN. Specific negotiations will be conducted by NAN and/or Nishnawbe-Aski First Nations. The provisions of the Framework Agreements reached with respect to both Governance and Land, Resources and the Environment, will be consistent with each other and will be concluded pursuant to a general framework on those matters to be entered into by Canada, Ontario and NAN.
The Nishnawbe-Aski Nation signed the Interim Measures Agreement (IMA) with Canada and Ontario on November 28, 1990. The purpose of the IMA was three- fold: 58
1. To establish procedures to review issues of concern to one or Nishnawbe-Aski First Nations, or any of the Parties, to assist them in resolving these issues.
2. To ensure the notification of Nishnawbe-Aski First Nations of planned developments, dispositions and activities which may have significant impact on those First Nations.
3. To allow sufficient time for the MOU negotiations to conclude the draft framework agreements prior to its expiry on November 28, 1993.
However, NAN has not been satisfied that the IMA has achieved its intended purposes, particulary in respect to reviewing major issues of concerns related to development proposals in the NAN territory during the past negotiations on the two framework agreements. Both Canada and Ontario had rejected NAN's request for a revised Interim Measures Agreement.
Today NAN participates in this Royal Commission through this report, as part of our continuing quest to implement our inherent, Aboriginal rights and to rebuild our own form of self-governance within our traditional territories.
During our last presentation to the Commission in Sioux Lookout in the late fall of 1992, the following principles on NAN Governance were stated and are re- iterated today as follows:
1. Our right to self-determination flows from the Creator who provided us with the means to survive in our traditional lands forever
2. Nishnawbe-Aski First Nations have always been and continue to be self- governing
3. The existing legislative frameworks of Federal and Provincial governments must accommodate NAN Governance
4. Self-government must be more than self-administration of Federal and Provincial programs or services
5. Self-government must encompass our own laws and policies based on our culture and way of life
6. Nishnawbe-Aski First Nations must have their own land-base and resources to support their society and the administration of that society
7. Nishnawbe-Aski First Nations will require more land and resources to participate fully and meaningfully in the socio-economic development of 59
their territories
8. NAN Governance cannot be subjected to the existing laws of the Federal and Provincial Governments but must be one that co-exists equally and recognizes each Government's jurisdiction
These principles on self-government continue to form the basis of NAN's MOU negotiations on the Framework Agreements regarding Governance (Annex M) and Land, Resources and Environment (Annex L).
At the Keewaywin Conference of September 1992, the NAN Chiefs adopted, in principle, the proposals put forward regarding these two Framework Agreements under the MOU. The NAN Chiefs Negotiating Committee then decided in November 1992, that community consultations on these Framework Agreements and the MOU negotiations would best be undertaken by the Tribal Councils themselves. These community consultations were concluded on June 26, 1993 and the final reports were completed at the end of July, 1993.
Although these agreements were not officially adopted by our NAN communities at that time, they provided and clearly outlined the various positions raised by our First Nations, Tribal Councils, and indeed, reinforced the position of our community people who have always said that we have Inherent Rights of Governance; that our Treaties reinforced our Nation-to-Nation relationship with Canada, and our Government-to-Government relationship with Ontario; that our Aboriginal Rights to hunting, fishing and trapping are not only sacred rights flowing from the Creator, but rights which were also guaranteed in our Treaties. And finally, it is their view that our ancestors never agreed to give up such life-sustaining elements as land, water and resources in the Treaties because doing so would break the sacred cycle of life.
In March 1993, the Federal Government tabled its position in response to NAN's proposals of the Framework Agreements, and stated that Canada was prepared to negotiate any matter, including jurisdiction, under existing legislation and policy established by Cabinet and Parliament. This refers to the authorities under the Indian Act and those existing policies regarding INAC's on-reserve, community-based, self-government arrangements.
In June 1993, the Ontario Negotiator tabled his response to the Framework proposals. The Ontario Negotiator was not prepared to negotiate jurisdiction off-reserve, but was willing to consider co-management schemes. His position states that Nishnawbe-Aski First Nations relinquished their rights under the Treaty. NAN has therefore reached an impasse in the MOU negotiations on the Framework Agreements. 60
From the foregoing review of Canada's and Ontario's respective positions, it has become clear that no serious negotiations have taken place since the signing of the MOU in 1986 because both Canada and Ontario have not been negotiating in good faith, due to lack of political will. Both Governments have put too many restrictions on the negotiating table for any significant results to take place. NAN's primary purpose for soliciting the clarification of both Canada's and Ontario's positions on these two Framework Agreements is to determine where both governments stood and to secure our own positions by presenting some recommendations on how we might exert our Inherent Rights on Governance while safeguarding and protecting our Aboriginal and Treaty Rights.
At the recent Keewaywin Conference in July 1993, the NAN Chiefs-in- Assembly adopted some major changes in our MOU negotiations and strategic plans as follows:
• a Land, Resources and Environment Commission will be developed and established to manage our land, water and resources with the participation of Canada and Ontario, (see NAN Resolution 93/70 - Annex N)
• a Governance Negotiating Secretariat will be set up as our specialized negotiating unit where all MOU and other sectoral negotiations will be carried out by NAN and its Allied Treaty Nations (see NAN Resolution 93/69 - Annex O)
• the proposed Peace and Goodwill Agreements with Ontario bi-laterally, and with both Canada and Ontario trilaterally, will be set up to establish political accords between Canada, Ontario, NAN and its Allied Treaty First Nations (see NAN Resolution 93/79 - Annex P)
After having received the above mandates from its Chiefs-in-Assembly at the July 1993 Keewaywin Conference, NAN is now in a position to advance its negotiations with Canada and Ontario in respect to obtaining agreements-in- principle on Governance, and Land, Resources and the Environment including other relevant issues intended for the Interim Measures Agreement, prior to its expiry on November 28, 1993.
The following is NAN's recommendation to the Royal Commission on Aboriginal Peoples in regards to NAN Governance: 61
Recommendation # 32
That the Royal Commission on Aboriginal Peoples supports NAN's directions in its MOU Negotiations and will urge both the Canadian and Ontario Governments to demonstrate their political will and Treaty obligations to this process by ensuring that Agreements-in-Principle on the aforementioned Framework Agreements on Governance; and Land, Resources and the Environment, will be concluded within a reasonable time-frame.
7.4 Indian Act and Amendments
NAN views the Indian Act and recent proposed amendments by the Federal Government as the most overt expressions of racist policies that have been enacted by the Canadian Government to perpetuate the continued oppression of Aboriginal peoples in Canada.
In particular, the proposed First Nations' Chartered Land Act is an example of such policy intentions designed to devolve the Federal Government's fiduciary responsibilities to First Nations in order to protect its department, Indian and Northern Affairs Canada, from future legal suits, as in the Mushquean vs. British Columbia.
The Federal Government, under the current Conservative Party, is continuing to draft legislation designed to amend the Indian Act in areas of Lands, Reserves and Trust, and in Governing Powers.
Nishnawbe-Aski Nation rejects the original intent of the Indian Act and any further "amendments" which are intended to grant"greater control to First Nations over the administration of their own affairs ".
Recommendation # 33
Nishnawbe-Aski Nation requests the support of the Royal Commission on Aboriginal Peoples to convey to the Federal Government that NAN is opposed to the intent of the Indian Act and its proposed amendments (the First Nations Chartered Land Act: First Nations' Governance Recognition Act: First Nations' Government Taxation Act) but wishes to define its own legislative jurisdiction by concluding the Framework Agreements of Governance; and Land, Resources and the Environment, as a means of optiing out of the bonds of the Indian Act. 62
7.5 Taxation
The Federal Government's announcement through Revenue Canada this past year, that all income earned by Indians working off-reserve would become taxable in 1994, has become a major issue for Aboriginal organizations across Canada.
This proposed policy states that all Aboriginal organizations situated off-reserve, although directly affiliated with First Nations, would be legally required to locate its physical headquarters on-reserve in order to acquire tax benefits such as income tax exemptions for its employees.
One interpretation of this proposed policy is that the Federal Government is attempting to confine Aboriginals to federal reserve lands by taxing them when they attempt to broaden their economic base off-reserve. This is another example of a racist policy designed to oppress Aboriginals as was the purpose of the 1969 White Paper.
In response to this taxation policy, the Assembly of First Nations, in which NAN is an active member, has set up a taxation unit which has begun discussions with both Revenue Canada and the Department of Finance regarding the application of Income Tax, GST, Customs and Exise Duties to First Nations, as well as other broader jurisdictional arrangements.
Recommendation # 34
NAN recommends that the Royal Commission on Aboriginal Peoples petitions the Federal Ministers of Revenue and Finance to repeal the governments recent policy to tax income earned by Aboriginals off-reserve by 1994 and, that it supports and finances Nishnawbe- Aski First Nations to develop their own jurisdictions over taxation within the MOU process and Framework Agreement on Governance. REBUILDING THE
RELATIONSHIP 63
REBUILDING THE RELATIONSHIP
Throughout this report to the Royal Commission on Aboriginal Peoples, NAN has stressed the fundamental issues of adequate land-bases for NAN First Nations, respect for the terms of our Treaties 5 & 9, and adequate resources to continue self-government negotiations within the MOU process and the proposed Framework Agreements on Land, Resources and the Environment, including Governance.
In order to rebuild a Nation-to-Nation relationship with Canada, and a Government-to-Government relationship with Ontario, our continued dialogue in discussions and negotiations must be set on the basis of equality, respect and mutual acceptance of our cultural differences. This dialogue must not be based on the notion of existing governments' dominance over our discussions and negotiations.
Today, the NAN First Nations, frontier villages, towns and smaller cities within our traditional territories called northern Ontario, are still colonized by Queen's Park, Ottawa, multi-national corporations, international business interests and a multitude of self-serving, special interest groups.
Rebuilding our relationship with Canada and Ontario must take the path of reconciliation of past injustices, decolonization of our territory, an equal share in revenues from our lands and resources, and ultimately the recovery of our power to govern all aspects of our existence.
Nishnawbe-Aski Nation has begun to rebuild and strengthen this relationship with Ontario through past agreements such as the Statement of Political Intent (1991), the Interim Measures Agreement (1990) and the Memorandum of Understanding (1986).
Within the latter MOU process, Canada is participating with NAN and Ontario in our negotiations to conclude Framework Agreements on Governance; and Land. Resources and the Environment.
The Chiefs and Elders of NAN First Nations, in support of the NAN Executive, look forward to the day in which these Framework Agreements will be concluded, finalized and ratified so that our peoples' initiatives towards their own form of Regional, Self-government will harmonize our future relationships with both Canada and Ontario into the next century. ANNEX A
THE HISTORICAL RELATIONSHIP OF THE
NISHNAWBE-ASKI NATION
WITH CANADA AND ONTARIO - 1930
Treaty #9 is negotiated and secured by three commissioners representing Canada and Ontario in 1905
Treaty #9 adhesions of 1929 are negotiated and secured by the treaty commissioners of Canada and Ontario that they did not complete in 1905
Hydro electric projects are started by Ontario
Forestry and mining developments are promoted and supported by Canada and Ontario
Fish and game laws and other regulations are established which legally supersede our inherent rights and traditional pursuits
1930 - 1945
• Residential school systems are gradually set up forcing our people by law to attend school
• Some First Nations begin to organize politically across Canada
• Canada establishes laws to stop our political organizing and to discourage us from practising our traditional ceremonies
1946 - 1969
• First of the Indian Act revisions take place without much input from our people
• More and more of our people are attending non-residential schools and going on to high school, college and university
• Indian Act revisions are proposed by Canada
• White Paper policy for the extinguishment of the special status of our people is proposed by the federal government through the abolishment of the Indian Act and by dismantling Department of Indian Affairs
• First Nations across Canada organize into provincial, territorial and national political organizations
• Aboriginal organizations in Canada defeat the White Paper by taking a strong position that treaties and land claims have to be resolved first before such proposals as the White Paper can be discussed 2
Canada's status Indians are allowed to vote in federal elections for the fflfc time since Confederation
A number of federal-provincial agreements are signed between Canada and some provinces for status Indians on reserves for certain services such as welfare, health and education
1970- 1979
• Grand Council Treaty #9 and Grand Council Treaty #9 cedes from the Union of Ontario Indians in 1973 since Ontario is too vast to manage from Toronto
• Four organizations (Grand Council Treaty #3, Grand Council Treaty #9, Association of Iroquois and Allied Indian Association, and Union of Ontario Indians) establish and set up Chiefs of Ontario coordinating office in Toronto
• Grand Council Treaty #9 assists in the development of core and administration funding of band administrations with Department of Indian Affairs
• Grand Council Treaty #9 successfully lobbies for a modern telecommunication system with Bell Canada and Ontario at a cost of $22 million; every community in Treaty #9 has access to a modern telephone system
• Highways in the skies concept is lobbied by Grand Council Treaty #9 wherein a plan is adopted by Ontario to establish modern all-weather airstrips for all isolated communities of Treaty #9; every isolated community enjoys a land airstrip today
• The setting up of Wawatay Communications Society is actively supported by Grand Council Treaty #9 Chiefs
• Special program funding for health, education, communications, economic development, housing, social services and drug and alcohol prevention services is lobbied by Grand Council Treaty #9 wherein funding is eventually made available by both Ontario and Canada to various organizations and groups in Ontario
• Special policing services of the far north and funding for our own community policing services is lobbied by Grand Council Treaty #9 successfully - eventually special policing funding is made available by Ontario and Canada Special treaty and rights research funding is lobbied by Grand Council Treaty #9 successfully with other First Nations across Canada
• An Indian claims commission of Ontario is established with a role to promote three party negotiations between Ontario, Canada and Ontario First Nations; Grand Council Treaty #9 was instrumental in setting up this commission and tripartite process
• Royal Commission on the Northern Environment is lobbied by Grand Council Treaty #9 wherein public hearings are conducted throughout the north
• Nishnawbe-Aski Declaration is presented to the Premier and Cabinet of Ontario and to the Prime Minister and Cabinet of Canada which outlines the framework of governance embodying spiritual, cultural, social and economic independence of the Treaty #9 First Nations
1980 - 1992
• Grand Council Treaty #9 is changed to Nishnawbe-Aski Nation (NAN)
• NAN office is briefly re-located to Toronto and eventually to Thunder Bay
• Thunder Bay Pact is adopted by the NAN Chiefs in agreement to work together on common issues of the Treaty #9 people
• Memorandum of Agreement (MOU) is signed between NAN, Ontario and Canada in agreement to negotiate land, resources, environment and self- governance areas
• Interim Measures Agreement (IMA) between NAN, Ontario and Canada is signed which will deal with the immediate issues affecting land, resources and environment matters while the MOU is being negotiated
Community consultations take place to discuss self-governance and other issues
Health Inquiry Panel is established to conduct hearings on health issues of Sioux Lookout and immediate area
Justice Inquiry is held to investigate the justice system and how it affects our people in the Sioux Lookout and immediate area
Declaration of Political Intent (DPI) is signed between NAN and other Native organizations and groups with Ontario and Canada in agreement to deal with a number of education matters 4
• A series of Chiefs-in-Assembly resolutions are adopted on the IWMj process, land, resources, environment governance, social services, policing, education, economic development, health, housing, transportation and other areas
• Tikinagan, Payukotayno and Kunuwanimano Child and Family Services are set up in Sioux Lookout, Timmins and James Bay Areas
• Six Tribal Councils (Keewaytinook Okimakanak, Matawa First Nations, Mushkegowuk Council, Shibogama First Nations, Wabun, Windigo) are set up in a number of centres representing their respective communities
• Six new First Nations (Aroland, Kee-Way-Win, MacDowell, Saugeen, New Slate Falls, WawaKapewin) in northwestern Ontario are established and finally receive a land base and financial support from Canada and Ontario
• Suicide epidemic is rampant in the Sioux Lookout and central area, although some suicides also take place in other NAN areas on a smaller scale
• Canada and Ontario agree to fund the Youth Forum on suicide at the joint amount of $800,000
• For the first time Ontario Hydro agrees that certain damages have occurred in the Osnaburgh First Nation territory - compensation claim negotiations begin between Osnaburgh and Ontario Hydro
• Proposed Framework Agreements on Land, Resources and the Environment and Governance agreement are adopted in principle by NAN Chiefs-in-Assembly for tabling and submission to Ontario and Canada
1993
• Ontario and Canada are requested by the MOU negotiations to indicate their respective positions on the MOU
• MOU community consultations take place
• Kasabonika First Nation secures self government framework agreement with Department of Indian Affairs - first NAN community to do so
• Political meetings are held with NAN and MOU leadership with federal Minister Tom Siddon; Ontario Minister responsible for Native Affairs is also requested for a meeting. These meetings were initiated to clarify the positions of both Ontario and Canada on the draft Framework Agreements on Land, Resources and Environment, Governance and on the revised Interim Measures Agreement A series of Legislative Acts is proposed by Department of Indian Affairs with the support of hand-picked First Nations on: First Nations Chartered Land Act, First Nations Governance Recognition Act, First Nations Forest, Land and Resources Act, First Nations Government Finance Act and First Nations Government Taxation Act ANNEX B
NAN COMPLETED SUICIDES
EIGHT YEAR SUMMARY NISHNAWBE-ASKI NATION COMPLETED SUICIDES
EIGHT-YEAR SUMMARY
AGE 1986 1987 1988 1989 1990 1991 1992 1993 TOTALS RANGES
10 - 14 0 1 0 2 3 0 1 5 12 15 - 20 1 1 4 9 3 3 7 15 43 21 - 25 1 2 1 1 3 0 3 0 11 26 - 30 3 1 0 0 1 2 0 1 8 31 - 40 0 2 1 0 0 0 1 1 5 40 + 0 0 1 0 0 0 0 1 2 METHOD
Hanging 2 6 3 12 8 4 9 19 63 Gunshot 2 1 2 0 2 1 3 4 15 Overdose 1 0 2 0 0 0 0 0 3 SEX
MALES 4 7 6 11 6 3 10 12 59 FEMALES 1 0 1 1 4 2 2 11 22 TOTAL 5 7 7 12 10 5 12 23 81 1993 - COMPLETED SUICIDES ]' MONTH AGE SEX METHOD COMMUNITY
January 17 F Hanging Summer Beaver
February 19 M Hanging Big Trout Lake
February 14 M Hanging Lansdowne House February 14 F Hanging Webequie March 18 M Hanging Pikangikum March 16 F Hanging Wunnumin
March 13 F Hanging Wunnimun
April 17 M Hanging Deer Lake April 18 M Hanging Pikangikum April 34 F Gunshot Poplar Hill
April 18 F Hanging Webequie
April 12 M Hanging Kingfisher
April 16 F Hanging Wunnumin May 20 M Hanging Weagamow
June 44 F Hanging Summer Beaver
June 17 F Hanging Cat Lake June 30 M Gunshot Pikangikum July 18 F Hanging Cat Lake July 20 M Hanging North Spirit Lake July 17 M Gunshot Fort Hope July 12 M Hanging Wunnumin
September 17 M Gunshot Attawapiskat
September 15 F Hanging Wapekeka ANNEX C
SUICIDE PREVENTION
RECOMMENDATIONS SUICIDE PREVENTION
RECOMMENDATIONS
The following are the recommendations resulting from the community training:
1. Need for a long term suicide prevention program for northern communities.
2. Suicide prevention program be relocated to Sioux Lookout under the umbrella of the Sioux Lookout First Nations' Health Authority.
3. Community and resource worker training must be on ongoing process.
4. Community Resource Worker job descriptions must change to reflect the role of teamwork and networking.
5. Parenting training and focus on family unity.
6. Leadership involvement is necessary for community participation and places importance on suicide issues.
7. Each community requires a local support system to decrease the reliance on outside resources.
8. Community awareness is important to participation in training sessions.
9. Resource materials need to be translated and materials available for broad distribution.
10. Regional resource centre on suicide prevention established for the purposes of providing consultation through the use os multidisciplinary personnel.
11. Encourage the use of community initiatives such as the Fort Hope Crisis Team and Muskrat Dam's "Helping Hands" crisis support project.
12. Project was too rushed (to meet government funding deadlines).
13. Community Resource Workers must be encouraged to work together.
14. Caregiver awareness of cultural differences is necessary in dealing with feelings such as guilt, shame, fear and anger in order to assist people dealing with grief issues. Consideration must be given to the cultural factors and beliefs that prolong the denial phase of the grieving process.
16. Recognition be given to the underlying issues to suicide such as sexual assaults, incest, sexual abuse and other forms of family violence.
17. Community models and strategies must be supported financially for each community to deal with the pain of suicide.
18. Each community should be supported in their own definition of traditional methods for healing.
19. Self-confidence is important to stay committed to this work.
20. Counselling is required for individuals and families, especially on long-term basis and stressing the importance of aftercare.
21. Organized youth groups are required to redirect youth energies and promote self-esteem, self-worth and identity.
22. Promotion of healing circles for survivors to talk about suicide, grief reactions, guilt and long term healing.
23. Support for Community Resource Worker healing and dealing with own psychosocial issues and losses.
24. Community education and awareness of local services and resources available in times of need and crisis.
25. Improvement of communication between Spiritual Leaders, youth, Elders, parents, First Nation's Council and resource workers.
26. Encourage use of the school and its resources for awareness of suicidal behaviours, teamwork process and identification of "at-risk" children for suicide.
27. Some communities require more workers (such as Mental Health Workers) and others require training in mental health issues. ANNEX D
"YOUTH HELPING YOUTH"
RECOMMENDATIONS • + "YOUTH HELPING YOUTH"
RECOMMENDATIONS
The youth facilitators listed recommendations which they obtained from their interactions with the participants. The recommendations are as follows:
1. Trained youth helpers require community support and support of community resource workers to continue their work with community youth who are "at-risk" for suicide.
2. Continuation and establishment of Youth-Helping-Youth training programs in communities.
3. Youth must be involved in planning training programs.
4. More visibility for youth in community social and recreation programming.
5. Schools should house the Youth-Helping-Youth program and have a trained adult peer helper to ensure the program receives support and guidance.
6. A youth co-ordinator to work under the umbrella of the Sioux Lookout First Nations' Health Authority.
7. Involvement of the Chief, Councillors, community resource workers and volunteers in sessions so they have interest and understanding of the program.
These recommendations encompass the future training needs for communities as well as what is required for the crisis teams. ANNEX E
RECOMMENDATIONS FOR
MENTAL HEALTH PROGRAM
DEVELOPMENT AND DELIVERY RECOMMENDATIONS FOR MENTAL HEALTH PROGRAM DEVELOPMENT AND DELIVERY
Developing principles prior to program delivery
There is a need to re-establish the community attitude towards spiritual health concerns
There is a need to re-establish the value of traditional values that work together with churches for improving spiritual well-being
People must learn to respect all members within the community and strengthen community relationships
Programs required for Nishnawbe-Aski:
1. COMMUNITY AWARENESS
a) Between Elders and Youth to promote healing relationships and to increase understanding of different values.
b) Increase spiritual understanding between the churches and beliefs as this affects Elders/Adults/Youth/Children.
c) Each religion has own or different views on how things get done in the community and these conflicts cause confusion.
d) Cultural conflicts must be healed between the old ways and the modern ways. There is a need to teach the young spiritual teachings of healing/land/people.
e) Education/Community Awareness programs on early diagnosis, and counselling that includes:
m a rita l/p re-m a rita I psychiatric suicide delinquents/crimes depression grief
2. SCHOOLS
Community Input Programs on language, cultural activities, spiritual advice, self-esteem, historical roots and traditions.
WHO: Band Councils, Spiritual Leaders, Community Workers and Elders Health education aimed at the children:
a) To be informed about sexual abuse, physical abuse and what to do about it.
b) What is mental health? Good mental health/poor mental health awareness.
c) Substance abuse with focus of physical health and effects.
d) Self-esteem programs have to be developed that are specific and appropriate for Native children.
e) Lifeskills for teens and young adults to learn self-awareness and self-confidence. This would be shared by community workers, parents, Elders and peers.
3. SPECIAL EDUCATION NEEDS
a) Physically handicapped:
sensitivity in programming is necessary so they are not grouped with developmentally delayed
need for culturally sensitive development tests
WHO: School Committee, working closely with schools and Education Authority
b) Developmentally delayed/mentally handicapped
there needs to be sufficient academic resources and Special Education Teachers
special needs individuals must be integrated into schools sensitively and not treated as outcasts
4. PRIMARY PREVENTION AT COMMUNITY LEVEL
a) cultural awareness in the homes from infancy
b) parenting skills focusing on discipline, communication, respect for children, control negative influences from television
c) parent support groups
d) early childhood development
e) audiovisual aids geared for Natives and developed by Natives
f) youth groups (boys and girls) with volunteers who are trained and supported ^ relationships training (sexual, marriage) to be incorporated at all program levels
WHO: Family service workers, Elders, men and women to be equally involved in the training of their children.
COMMUNITY DEVELOPMENT
a) how Band Councils can be resourceful
b) cycle of dependency to be broken
c) volunteerism to be encouraged
d) take responsibility for suicide prevention
HEALTH CAREER TRAINING
a) requirements for professionals such as doctors, nurses, counsellors, social workers
b) education must encourage retention of Native values and cultural identity
LIFE SKILLS TRAINING a) teaching community members employment and job responsibilities
b) training for budgeting and financial planning c) assertiveness training
WHO: Workers with successful and good job records
ORGANIZED SPORTS AND RECREATION a) Band Council support for programs b) facilities required in the community c) inter-community competitions and games 9. SUFFICIENT OPERATING DOLLARS FOR PROGRAMS
PROBLEM: No funding for prevention and promotion programs
a) train people how to access financial resources through proposal writing and negotiations
b) six (6) Health educators are required to help communities build community mental health programs
10. IDENTIFY YOUTH CONCERNS
a) get input on youth needs directly from community youth
b) youth councils funded to promote self-esteem and act as peer counsellors and role models
11. CRISIS CENTRES OR REHABILITATION CENTRES
a) to be built in Nishnawbe-Aski area so people don't have to travel to outside centres
b) counselling services available to men usually have only female counsellors
c) pre-marital counselling required
12. ADDICTIONS
a) develop self-help groups
b) establish a treatment facility for gas sniffers in Northwestern Ontario
c) increase awareness of the role of the Poison Control Centre and how to access •
d) increase awareness of, and how to access treatment centres, create alternate treat- --t models
e) establish a Detox Centre run by First Nations, funded by Ontario and Fe:-• ii Governments in a traditional setting adjacent to populated reserves.
f) better training for N.N.A.D.A.P. Counsellors, with specialized training to dea n solvent abuse
g) develop specialized education material in syllabics and correct dialects and en- r e use of local media 5
develop Native Healers Program to work with those requiring help (guidance, counselling, healing)
0 develop recreational and social activities (creative leisure) which build self-esteem, diversion/alternative activities for all age groups
j) involve parents and older adults in programming
k) joint activities between age groups and sexes
I) need more community facilities
m) develop locally-based aftercare programs (half-way and three-quarter way houses)
develop and strengthen Alcoholics Anonymous, Ala-Teen, Al-Anon, Narcotics n) Anonymous
strengthen groups which build self-esteem among youth (girl guides and boy scouts) o) to encourage alternate lifestyles
13. PSYCHIATRICALLY ILL
a) establish more co-odinated discharge planning for the psychiatrically ill so that nurses, C.H.R's and families are informed of discharge plans
b) educate the family and community on the types of illnesses to overcome their fears
c) establish programs for the families for those who are psychiatrically ill such as self-help groups and counselling
d) community support through employment, assistance and integrate into the community so they don't feel isolated
e) need more visits by professionals and psychiatrists
14. TERMINALLY ILL, DISABLED, ELDERLY
a) develop programs to maintain the terminally ill in their home (hospice care)
b) support to the families (household help, moral support, relief coverage)
c) teach families and helpers to provide client assistance (medications, dressings)
d) train more homemakers
e) provide more home care programs f) hold more social gatherings for the Elderly and disabled
g) increase disabled persons access to facilities on-reserve to promote mobility and activity within the community
h) honour Elders for their contributions (i.e. name facilities after them)
i) develop programs to help people adjust to their disability and aging by providing counselling, friendly visitors and enhance coping skills
j) support to Grandparents raising grandchildren, and caring for disabled persons (respite care)
k) examination of current policies related to transportation and client escort, also services are currently "emergency based" rather than for prevention of crisis and early detection
15. SURVIVORS OF SUICIDE
a) grief counselling and support to families and peers (men need help to show grief and heal
b) establish self-help groups as support required as potentially high-risk and need to educate the community
c) peer counselling for young people and families
d) establish self-awareness and develop training
e) establish life-skills programs
f) develop community response plans outlining roles and action to be taken in time of crisis
g) involve Elders in the grieving period to support the family
h) need a "crisis team" to go in to stabilize and mobilize the community like "Helping Hands" that are appropriate to the situation
16. PROGRAMS FOR ABUSED/ABUSERS
a) establish counselling and treatment programs
b) develop awareness workshops for early detection and abuse prevention
c) rape counselling 7
treatment programs for abusers
e) counselling for step-families
f) counselling for victims involved in court cases and what to expect from legal proceedings (courts should give victim sense of safety)
g) establishment of "safe homes" in the community
17. FAMILIES MOVING TO URBAN CENTRES
a) develop transition programs to explain city services, Native agencies, "buddy system", budgeting/money management and how to deal with city "vices" so people don't return to the community feeling like failures (low self-esteem)
b) teach people their rights and where to get help if they are violated, such as discrimination, tenant rights, employment discrimination
c) coping with adjustment
d) "street-wising" children
e) city by-laws such as curfews for children, legal age for babysitting
f) racial discrimination
g) more support from Band Council and band workers
18. PEER COUNSELLING PROGRAMS (AGES 15 TO 17 YEARS)
As young people readily turn to each other for support and counselling, peer counselling programs should be recognized as an important component of a community mental health program.
Those serving or willing to serve as peer counsellors require training. This could be done in the form of a four (4) day training workshop held in the community. Training needs are: counselling skills problems specific to adolescents (drugs, sexuality, family problems) case management (i.e. when to refer to formal workers like C.H.R.'s, nurses, mental health workers, families, older community members).
Major stress factors are:
family/acquaintances committing suicide having to leave family/community for ten months of the year to attend high school 8
19. INTER-COMMUNITY ACTIVITIES
Youths from different communities should be brought together once or twice a year for health promotion activities. These could take place on-reserve or in the wilderness setting. Communities can take turns hosting these events. Funding at the community and government level should assist this activity.
20. ALTERNATE EDUCATION SYSTEMS
Programs such as WAHSA Distance Education Should be supported as they allow students to remain in their community to obtain secondary education credits until they are emotionally mature to cope with leaving home and families.
21. CO-ORDINATE COMMUNITY-BASED WORKERS
There are many community workers who have various roles and job descriptions that overlap in activity and client groups. A co-ordinated effort should be made in each community to bring these workers together and to be trained to act as "community mental health workers" when dealing with clients. This will lessen the confusion felt by community members when they seek help and receive different advice and assistance from different workers. ANNEX F
COMMUNITY CONSULTATION SUMMARY:
RECOMMENDATIONS FOR COMMUNITY ACTION TO
ADDRESS FAMILY VIOLENCE COMMUNITY CONSULTATION SUMMARY
RECOMMENDATIONS FOR COMMUNITY ACTION TO ADDRESS FAMILY VIOLENCE ISSUES
The complex nature of social and emotional issues that give rise to family violence in Nishnawbe-Aski require a comprehensive community effort that is supported and sustained by all levels of government.
These recommendations are obtained from data collected from Nishnawbe-Aski members. Implementation of these recommendations requires community participation and involvement in planning and development.
1. PROMOTIVE CARE - COMMUNITY AWARENESS
(a) Community awareness workshops that include:
child development impact of violence upon children life cycle teaching results of family violence respect of self coping with grief legal aspects of child abuse teenage pregnancy and family planning child sexual abuse, and parenting
(b) Social development day to promote healthy relationships/unity between all community members.
(c) Availability of sufficient resource materials that are accessible, in the appropriate dialects and including basic equipment for workshop presentations.
(d) Resource centre for provision of materials and co-ordination of services and programs, within each community. This would include background documents, legislation, teaching materials, etc. Be responsible for arranging production of resources such as videos and audio cassettes to meet community needs. Co-ordinate the use of media such as Wawatay to increase community awareness of family violence. Produce and up- date a resource directory which lists services and programs available for NAN communities to access.
(e) Parenting programs to assist community members to gain and enhance skills in providing a healthy supportive home for their children.
(f) Self-awareness, self-confidence, healthy relationships, how to recognize and deal with abusive situations and how to make decisions about healthy sexual activity are to be included in structured programs within the schools.
(g) Training for all school personnel to identify high risk individuals.
(h) Development of co-ordinated positive recreational programming.
(i) Access to information about substance abuse and how to live without addictions.
(j) All Chiefs and Councils have awareness of the issues relating to family violence including causes and effects and be continually involved in dealing with these issues.
(k) Identify Youth concerns by obtaining input on youth needs directly from community youth. Youth Councils funded to promote self-esteem, self- awareness and to develop leadership skills to reduce the incidence of family violence in the future.
(I) Traditional ways are fundamental in restoring wholistic balance to the lives of children and young people ensuring a healthy future. There is a need to instill traditional and cultural beliefs, values and concepts to present generations.
(m) Cultural conflicts must be healed between the old ways and the modern ways. There is a need to teach the young spiritual teachings of healing/land/people. Increased spiritual understanding between the churches and beliefs as this affects Elders/Adults/Youth/Children.
(n) Establishment of wilderness camps for Youth/Children.
2. PREVENTIVE CARE
(a) Availability of facilities for child care services and programs to provide an opportunity for consistent child care in a safe environment. Clarify the roles and responsibilities of Community Resource Workers; • • define how to provide support for the Community Resource Workers.
(C) Clarify the roles and responsibilities of the Chief and Council and Elders in dealing with family violence.
(d) Provide training workshops which enhance team building and promote attitudes helpful in dealing with family violence.
(e) Establish a network for sharing ideas amongst communities in the area, utilizing strategies such as teleconferencing.
(f) Assist each community to establish a committee which will assume responsibility, on behalf of the community, for taking action to deal with and reduce family violence.
(9) Assist the community committee to develop a workplan to deal with family violence.
(h) That safe homes be readily accessible for people in crisis.
3. CURATIVE CARE
(a) Define a role for Elders in treatment programs in treatment centres, counselling services and social service agencies.
(b) Treatment centres to be established to deal with all types of abuse associated with family violence. That these centres be family-oriented and community-based.
(c) Treatment programs which focus on the healing of the abusers and perpetrators within the context of the Nishnawbe-Aski area.
(d) Services and programs be established to deal effectively with substance abuse. They are to be family-orientated, community-based, accessible to everyone and culturally relevant.
(e) Counselling services to be available for all types of abusive situations. This should include individual counselling, group counselling, family counselling and the development of Traditional Healers' Programs. (f) Marriage counselling is seen as being of major importance. Therms ^ need for pre-marital as well as marital counselling.
(g) Each community develop its own Crisis Intervention Team which would be able to deal with all family violence situations. These teams would establish first contact with any individual or family in crisis and be responsible for assessment and management of the crisis. The team would be involved in assisting the family to access ongoing help for treatment and counselling.
(h) Establishment of community telephone crisis lines especially for evenings, nights and weekends.
(i) Assist communities in establishment of Volunteer Crisis Teams. Volunteers need adequate training to ensure their skills to be effective and require financial support for travel and lodging.
4. SUPPORTIVE CARE
(a) The policies of all the governments must be supportive of the initiatives undertaken by the communities.
(b) Funding must be identified to allow for the development of innovative ideas and approaches that are most suitable for northern and isolated First Nation communities.
(c) Funding must be sufficient with an ongoing commitment that supports long-term planning of programs and services.
(d) Facilities to support the programs and services which will be developing in each community.
(e) Facilities for crisis intervention and safe environments should be available in communities that identify it as a need.
(f) Treatment centres, drop-in centres, recreation centres and child care facilities will be needed.
(g) Increase in the numbers of Community Resource Workers so that each community has sufficient personnel to meet their own needs.
(h) Provide training that includes: building community team-work and skills in community planning skills needed by community crisis intervention teams, including assessment and intervention Stress management for Community Resource Workers Family Violence retraining of existing Community Resource Workers and their ongoing professional development training of newly hired Community Resource Workers in Family Violence, and training of Non-First Nation care providers to increase their cultural knowledge and awareness.
(i) Establish contracts with professional resources
(j) Support the initiatives of communities to deal with issues of family violence through a First Nation Justice System
5. REHABILITATIVE CARE
(a) Services to assist in the rehabilitation of both victims and perpetrators of family violence
(b) Healing Circles that re-introduce traditional concepts
(c) The following support groups are required:
Women's Groups Men's Groups Support Groups for Victims Support Groups for Abusers Support Groups for Sexual Abuse Perpetrators Youth Support Groups Support Groups for Single Parents, and Provision of help to individuals who are out of the community in jail. ANNEX G
MEDICAL SERVICES BRANCH -
POLICY REGARDING TRADITIONAL HEALERS
(APRIL 5, 1991) ScNT 3Y: XE32X Te! «cop: e^ 7;n; 7-<2-33 ; 12:': 3 0 77 373 1 33- \13hNAwS=-A5KI !» 2
Government Gouverner-tn: ol Canaoa du Canaca MEMORANDUM NOTE DE SERVICE
»«cuwrv. cujfc»CAT!CN • oi sicuKrri All Regional Director» ~ 1 1 71 Médical Servie«» Branch/ ' i" T , t Tous las directeur» régionaux üf.tii - N / _ Direction régionale des;services m&diq&ux J 91-011874 H Assistant Deputy Minister;. I : Ivoun Medical Service» Branchf— Sous-ministre adjoint ; -t-to Direction générale des isrviceà'ïéâlcaux j5*tT
SWT MSB POLICY MflttPIllfl fQLITIQCT B1 u faXDlTIOM^I, MALMS eoMenmurr LBS Qntaissms TUMITlOMlflTil This memorandum is to provide La présente note de service & you with information on MSB's pour but de voue informer sur position regarding ths above. la position de la D<2SM concernant le sujet en rubrique.
MSB will provide transpor- La DGSM assumera lee frais de tation, meals and accom- transport, de logement et des modation assistancs to repas, de ceux qui se eligible clients while in déplaceront pour obtenir de» transit to a traditional services de guérisseur» healer, if &U of the traditionnel», sou» réserve de following criteria are met: Îûill lss critère» suivants:
a) the traditional healer is a) le guérisssur traditionnsl recognized as such by the est reconnu comme tel par la local Band or Tribal Council; Bande de la région ou le Conseil d'une tribu;
b) the traditional healer is b) le guérisseur traditionnel located in the home region of habite la même région que the client; celle du client;
v c) a piwsician has rji«rred c) un médecin a dirigé le the cliiïrt^fer t£±tfservic« client vers ce servies après after it h^Mln determined avoir déterminé que le client that the^atlenteswas unable to ne pouvait obtenir d'autre» benefjrfrroa reco^qixed services de santé reconnus par pjprtincial health sfervicss; la province;
d) the client is in s medical d) ls client est sn mesure d» condition to travel; and voyager; et . . . /2
op ac m T Y: X£=OX Te eCIDiS- 73' 7-12-33 357' 37 31 3S— 5-N.Awa=-A3K; ;s 3
- 2 -
a) transportation is prior a) la transport a été approved, schadulad and approuvé, prévu at coordonné coordinatad as par "Diractiva salon la "Diractiva 1/3 - 1/3 - Madical Transportation", Transport aédical".
MSB will not pay faaa for th^ La osSN na payara pas pour las sarvicaa providad by tha aarvicaa offarta par la traditional haalar. guérissaur traditionnal.
Rations will aatablish a data Las régions doivant établir un tracking systaa, ragarding aystésa collactif d'informa- this policy, so that in tion portant aur catta futura, if raquirad, ragions politiqua pour qu'à un taapa can provida this information futur, si nécassaira, las to MSB Haadquartara for régions saront an aasura da purposas of analysis. fournir catta docunantation & la DGSM A fin d'analysa.
Plaaaa anaura that your ataff Vauillaz vous assurar qua vos is inforaad on this policy. axployé(a)m sont au courant da catta politiqua.
Any quaationa about this Touta daaanda da ranaaigna- policy should ba addraasad to manta au aujat da la présanta Nalaon P. Chadora at (613) davra ètra adraaséa & Nalaon 954-8835 or Judith Roas at P. Chadora au (413) 954-8835 957-3439. pu Judith Ross au 957-3439.
c.c. NIHB Managara Gaationnairas daa SSNA ANNEX H
NAN RESOLUTION 93/04 NISHNAWBEASKI NATION Box 1755 , Stn. F (807) 623-8228 ##^^^ m Reserve (807) 623-7730 FAX WRWr. . wwWbWMission Road C Thunder Bay, ON z P7C 4W6 J.
SIOUX LOOKOUT AREA NISHNAWBE-ASKI CHIEFS' RESOLUTION 93/04
ROLES AND TRAINING FOR NORTHERN NURSES
WHEREAS Medical Services Branch has a policy that all nurses hired to work in the north have training in clinical skills and the length of these training programs is from four (4) months to fourteen (14) months;
WHEREAS the First Nation Chiefs and Councils have no input into the hiring and training requirements of nurses working in their communities and have no control of the timing when nurses leave the community to attend training;
WHEREAS there is a need for the community to be involved in defining the role of nurses that not only includes being proficient in clinical skills but also must function in the area of community health education, crisis intervention and counselling;
WHEREAS there is a requirement for the Sioux Lookout Health Authority to be actively involved in nurse training, recruitment, retention and performance appraisals;
THEREFORE BE IT RESOLVED THAT the Executive Council be mandated work with the Health Authority to ensure that First Nations are involved in the hiring, training and role definition of nurses working in the north;
FURTHER BE IT RESOLVED THAT the Executive Council be directed to establish a Working Group to include Medical Services Branch, Sioux Lookout First Nations' Health Authority and community members for a specific training, recruitment, retention program for nurses in Sioux Lookout First Nation communities.
DATED AT SIOUX LOOKOUT, ONTARIO THIS 12TH DAY OF MARCH, 1993
MOVED BY: David Mathews, proxy Fort Severn First Nation
SECONDED BY: Chief Frank Beardy Muskrat Dam First Nation CARRIED.
Grand Chie/ ANNEX I
RECOMMENDATIONS FROM
NISHNAWBE-ASKI CONSULTATIONS
ABORIGINAL HEALTH POLICY RECOMMENDATIONS FROM NISHNAWBE-ASKI CONSULTATIONS ABORIGINAL HEALTH POLICY
1. Community members reflect varying perspectives about future control by their community of their health services. Community members indicate that the provision of adequate training is essential for the leadership, health boards or committees that are established. They also indicate that there must be an efficient management system for programs and funding with accountability to community members. Community members must be trained and hired as community health administrators.
2. Nishnawbe-Aski area must have access to the equivalent services that are available to all citizens of Ontario and not be limited by jurisdictional confusion, costs or other bureaucratic priorities.
3. Skin infections, otitis media, gastro-enteritis, pneumonia, influenza and streptococcal infections remain the common illnesses of children. The re- emergence of tuberculosis in some communities in the past year focuses attention again upon the inadequacy of living conditions that have been accepted as the norm within northern communities. The provision of safe water would facilitate the fluoridation of drinking water and help to reduce significantly the number of dental caries, again, a major health problem in the communities.
4. The need for adequate community infrastructures must be recognized and placed as high priority by both federal and provincial governments. Otherwise, the health and well-being of Nishnawbe-Aski members will continue to fall behind that which other Canadians take for granted.
5. Community members identify the need for child care facilities to be available within their communities so that their children can be looked after with safety and security. Child care was also identified as being a factor in helping people who provide child care at home to access appointments for doctors and dentists in their community and to allow them to leave to go to hospital when necessary.
6. Other community facilities are identified as being important to encouraging health within the communities. They include provision of community halls, drop-in-centres for youth, recreation centres and arenas for physical activities and community laundromats.
7. Facilities and programs for healthy recreation are identified as a fundamental requirement to enable people to enjoy a healthy life style. This is important both for physical fitness and for emotional well-being. It is an essential part of a balanced life for people of all ages whether youth or Elders. 8. Communities must have the resources to enable them to develop and administer programs to provide appropriate recreation for their mern^ps.^
9. There must be an effective cross-cultural training program in place to reduce the consequences of misunderstandings and mistrust that occurs when health professionals work with other cultures.
10. Members of Nishnawbe-Aski First Nations must have an opportunity to become involved in providing cross-cultural learning for their transient health care staff so that they understand the community in which they are working, feel a part of the community and respect the customs and values of the people.
11. Translation of medical terminology and concepts of health and well-being from one language to another requires well trained personnel who are highly skilled. It is extremely challenging linguistically and requires a considerable knowledge of medical terminology including anatomy.
12. Professionally trained interpreters must be available in all health facilities and accessible for all emergency situations. They must be fluent in the First Nation language as well as in English and should be trained to interpret medical terminology.
13. Escort services are identified as being especially necessary for Elders and children and should be available for anybody who feels uncertain about their ability to cope with arrangements involving travel to another location. It is also identified as essential that escorts be persons who are reliable and who are prepared to remain with the patient and provide the help they need. They should be trained and receive payment for the services they provide. Escorts should be selected by the patient, as in family members, or by others such as Chief and Council. They must be free of any substance addiction or abuse.
14. There must be adequate vehicles used for transportation of emergency cases within the communities. Not all communities have adequate vehicles for the transportation of emergency cases within the community or to the airport for evacuation. There are insufficient ambulances or other vehicles properly equipped to carry stretchers and wheelchairs with safety and comfort.
15. Community members such as Grandmothers should be asked to participate in teaching to young families so that there is integration of traditional and cultural ways into the health care system. Workshops are required for community education in the identified areas of: sexually transmitted diseases, AIDS, nutrition, food preparation, water treatment, care of children, teen pregnancies, prenatal care, immunization, diabetes, fluoride rinses and dental care for children, hygiene, childhood diseases, first aid, CPR and fitness classes. The additional areas for education were identified in the Scott, McKay, Bain Health Panel report included: accidents and injuries, alcohol and substance abuse, suicide, family violence, obesity, smoking, opportunities for young people to pursue health careers, role models for young people including pride in cultural traditions and self-esteem.
17. Teaching should utilize both English and First Nation languages and should include traditional practices and teachings.
18. There needs to be an increased number of Community Resource Workers to provide community-based services and provide more effective health promotion and education services to their people. This involves increasing the number of CHRs, Mental Health workers, NNADAP workers, Home- makers and Home Support Workers to assist the Elders.
19. All Community Resource Workers need to have reasonable working conditions that provide adequate compensation for worktime, overtime, pension and benefits, relief workers during sickness, holidays and liability coverage. Their job descriptions and duties should be clearly defined and understood by the workers and by the community members.
20. All Community Resource Workers should have access to adequate training which enables them to carry out their job responsibilities effectively and which assists them to develop professionally.
21. Effective strategies must be developed which encourage First Nation community members to consider careers in health and which assist them to access programs. A comprehensive approach to encourage young people to enter health careers should include career counselling in elementary and secondary schools, role modelling, provision of summer or part-time jobs in health care for students, provision of scholarships and supportive programming by local media.
22. Programs which already exist to assist First Nation members to access health careers should continue with secured funding. Other programs should be developed with the Educational Institutions to provide education and training in the areas which are identified as being deficient. 23. Community people clearly express their needs for there to be sufMent^ ^urses in the nursing stations, health clinics and hospitals to cope wiffhe™ workload. They need to display compassion, be properly trained and qualified and provide continuity of service by remaining in the community for a reasonable period of time. Nurses should also provide more home visits. Community members indicate that the nurses should have proper salaries and benefits and should receive support from the communities themselves.
24. It is also necessary to enhance the provision of Dental Hygienist services.
25. There is an identified need for increased services to be provided by Optometrists, Physical Therapists and Pediatricians. There is also a need for service from audiologists and speech pathologists.
26. The Equay-wuk (women's) group in Sioux Lookout have made the following recommendations: formal recognition of aboriginal midwifery practices and the present capability of First Nation communities to provide midwives; aboriginal birthing centres staffed by aboriginal midwives; accreditation, education and training of First Nations in the remote north; that legislation, regulation and education of midwifery in Ontario does nor obstruct existing traditional midwifery practice.
27. A need identified by community members for increased co-operation and co-ordination of resources within each community. Community members identify the need for networking amongst Community Resource Workers and other health care workers.
28. There is clearly a need for patient advocacy services to be provided to assist community members approach and resolve their concerns and problems satisfactorily.
29. Nursing stations must be adequate in size and have adequate facilities for all the services and programs available. Some communities feel their nursing stations are not adequate or are not properly maintained.
30. A need for health centres and clinic facilities to be sufficient and require up-grading of facilities immediately.
31. A need for adequate hostel facilities be provided. Community members also indicate that the hostel needs to co-ordinate more activities for the people staying there. 32. There should be an opportunity to access traditional healing more readily. A V Elders should be involved in more aspects of the health care system, teaching about the use of plants and medicines, presenting to youth about how health problems were dealt with in earlier days and participating in sweat lodges and ceremonies.
33. Community members identify one of the major health problems in their communities as being that related to addictions including alcohol, drugs and solvent abuse.
Their comments encompass the whole range of services and programs required to deal with these issues, such as:
* community-base preventative programs increased personnel in the communities to deal with these problems increased access to mental health programs and counselling * programs specifically focusing on gas sniffing and solvent abuse * rehabilitation services in the community, and * detox centres and treatment centres available in the communities. ANNEX J
NAN RESOLUTION 93/83 TOH NAWBE-ASKI NATION P.O. Box 755, Stn. F (807) 623-8228 ^fertV^^fcn Reserve (807) 623-7730 FAX WR. i^^isston Road Thunder Bay, ON P7C 4W6
RESOLUTION 93/83 HOUSING CRISIS
WHEREAS the Nishnawbe-Aski Nation is experiencing housing shortages in their communities;
WHEREAS the current housing situation on reserves do not meet the basic requirements such as housing codes, electrical and environmental safety; and are sub- standard;
WHEREAS the housing studies undertaken by individual First Nations clearly demonstrate that there is a housing crisis in the Nishnawbe-Aski territory;
WHEREAS the housing programs available to First Nations have not met or served the basic needs of the Nishnawbe-Aski people, comparable to housing services enjoyed by other Canadians;
WHEREAS the Government of Canada and the Province of Ontario have been conducting housing reviews for many years and have not come up with a satisfactory solution to address the housing crisis;
WHEREAS the Nishnawbe-Aski Nation is determined to improve the quality of life of its people;
THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly at the 1993 Keewaywm Conference declare the Nishnawbe-Aski housing needs as a disastrous situation;
FURTHER BE IT RESOLVED that the Chiefs-in-Assembly call upon the Government r Canada afA Ontario to declare the Nishnawbe-Aski housing needs as a disastrous situation tftKfiquires emergency attention and immediately take action to rectify the situation.
FINALLY BE IT RESOLVED that the Executive Council be mandated to work on th s matter as expeditiously as possible. DATED AT SANDY LAKE FIRST NATION TRADITIONAL TERRITORY THIS 16th DAY OF JULY, 1993.
MOVED BY: Chief Ignace Gull Attawapiskat First Nation
SECONDED BY: Stan Louttit, Proxy Kashechewan First Nation
CARRIED.
~< . . / / ••'< yq ynoi - - .i ( <• t C /y. Grand Chief ' Deputy Grand Chief ANNEX K
RECOMMENDATIONS TO THE
MINISTRY OF CORRECTIONS:
MEMORANDUM OF AGREEMENT NfSHNAWBE-ASKI NATION CORRECTIONS MEMORANDUM OF AGREEMENT AJQfJAL REPORT-JULY, 1993
I INTRODUCTION AND BACKGROUND
THE MINISTRY OF THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES
(MSGCS) WANT TO SIGN AN AGREEMENT WITH NISHNAWBE ASKI NATION (NAN)
TO TRANSFER THE DELIVERY OF SERVICES, COMMUNITY SUPERVISION AND
REHABILITATIVE FUNCTIONS OF THE MINISTRY WITHIN THE NAN AREA TO NAN
CONTROLLED BODIES. THIS TRANSFER WILL TAKE PLACE OVER A FIVE (5) YEAR
PERIOD.
NAN HAS HAD A DIALOGUE PROCESS WITH THE MINISTRY OF CORRECTIONAL
SERVICES SINCE THEY SIGNED THE MEMORANDUM OF INTENT ON AUGUST 29,
1990, TO BEGIN DISCUSSING JUSTICE AND RELATED ISSUES. THE DIALOGUE
WOULD ULTIMATELY LEAD TO A MEMORANDUM OF AGREEMENT (MOA) FOR THE
TRANSFER OF SERVICES. THE NAN CHIEFS WANTED MORE INFORMATION ON THE
PROPOSED MEMORANDUM OF AGREEMENT, MORE SPECIFICALLY, THE TYPE OF
PROGRAMS AND SERVICES THAT COULD BE TRANSFERRED.
ON JANUARY 23, 1992, THE CHIEFS-IN-ASSEMBLY PASSED RESOLUTION 92/11
MANDATING A THOROUGH CONSULTATION WITH THE NAN MEMBERSHIP ON THE
CONTENTS OF THE PROPOSED MEMORANDUM OF AGREEMENT AND THE
PROGRAMS AND SERVICES OF THE MINISTRY. PRESENTATIONS AT THE TRIBAL
COUNCIL LEVEL WERE COMPLETE IN THE FALL OF 1992 AND AN UPDATE WAS CORRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993
PROVIDED AT THE KEEWAYWIN CONFERENCE AT MATTAGAMI FIRST NATION.
ON SEPTEMBER 17TH 1992, AT THE CHIEFS ASSEMBLY IN MATTAGAMI,
RESOLUTION 92/75 WAS PASSED. RESOLUTION 92/75 MANDATED THE
CORRECTIONS CONSULTATION CONTINUE AT THE COMMUNITY LEVEL AND THAT
ANY FEEDBACK FORM THE BASIS OF A REVISED MEMORANDUM OF AGREEMENT
THAT WILL BE ACCEPTABLE TO BOTH PARTIES.
THE SEVEN (7) TRIBAL COUNCILS AND TWENTY SIX (26) OF THE 46 COMMUNITIES
THAT MAKE UP THE POLITICAL STRUCTURE OF NAN WERE CONSULTED. THE
FEEDBACK FROM THE CONSULTATIONS REFLECTS A CROSS-SECTION OF
COMMUNITY INPUT. THE FEEDBACK FROM THE COMMUNITIES THAT WERE
CONSULTED IS INSTRUMENTAL IN THE DRAFTING OF THIS RESPONSE TO THE
MEMORANDUM OF AGREEMENT.
THE CONSULTATION PROCESS SUGGESTS THAT THE CORRECTIONS INITIATIVE
SHOULD COME UNDER THE UMBRELLA OF THE MEMORANDUM OF
UNDERSTANDING (MOU). THIS WOULD ALLOW FOR AN INTEGRATED APPROACH
FOR NEGOTIATIONS WITH ONTARIO AND CANADA. AT A RECENT CHIEFS
NEGOTIATING COMMITTEE MEETING, MAJOR REVISIONS TO THE MOU PROCESS
WERE RECOMMENDED. WHETHER THESE RECOMMENDATIONS TO THE
GOVERNANCE FRAMEWORK AGREEMENTS ARE RATIFIED OR NOT, THERE IS STILL
A NEED FOR CORRECTIONS TO BE NEGOTIATED IN TANDEM WITH OTHER
SECTORS. CORRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 3.
II METHODOLOGY
A. PRINCIPAL CONSULTANT
THE COMMUNITY CONSULTATION PROCESS WAS COORDINATED BY JOHN
CUTFEET, WHO WAS HIRED ON MAY 19, 1992, AS THE PRINCIPAL
CONSULTANT IN THE COLLECTION OF INFORMATION FOR THIS REPORT.
B. PRESENTATION
THE CONSULTATION MATERIALS THAT WERE DEVELOPED WERE
TRANSLATED, DISTRIBUTED AND ARE ATTACHED AS APPENDIX "A".
MEETINGS WERE INITIATED WITH THE NAN MEMBERSHIP FOR THE
PURPOSE OF REVIEWING THE PROGRAMS AND SERVICES OF THE MINISTRY
AND THE PROPOSED MEMORANDUM OF AGREEMENT.
C. COMMUNITY VISITS
AFTER THE TRIBAL COUNCIL LEVEL CONSULTATION, AN UPDATE WAS
PROVIDED TO THE CHIEFS AT THE KEEWAYWIN CONFERENCE AT
MATTAGAMI FIRST NATION. ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
IN RESPONSE, THE CHIEFS PASSED RESOLUTION 92/75, DIRECTING THE
CONSULTATION TO THE COMMUNITY LEVEL RESOLUTION 92/75 IS
ATTACHED AS APPENDIX "B".
i) COMMUNITY EDUCATION
RESOLUTION 92/75 MANDATED THE CONSULTATION AND COMMUNITY
AWARENESS ON CORRECTIONS AND RELATED ISSUES CONTINUE AT
THE COMMUNITY LEVEL THIS PROCESS REQUIRED GOING TO THE
INDIVIDUAL COMMUNITIES FOR THE FOLLOWING REASONS:
a) PROVIDE COMMUNITY AWARENESS ON THE PARTICULAR
FUNCTIONS OF THE MINISTRY OF CORRECTIONAL SERVICES.
b) PROVIDE COMMUNITY AWARENESS ON THE MINISTRY'S
PROPOSED TRANSFER OF ITS COMMUNITY SUPERVISORY AND
REHABILITATIVE FUNCTIONS OVER TO THE NISHNAWBE-ASKI
MEMBERSHIP.
c) PROVIDE COMMUNITIES WITH AN OPPORTUNITY TO GIVE
FEEDBACK ON THE PROPOSED MEMORANDUM OF
AGREEMENT. CORRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993
ii) FEEDBACK
SINCE THE PROPOSED MEMORANDUM OF AGREEMENT WAS NOT
RATIFIED IN ITS PRESENT FORM; RESOLUTION 92/75 PROVIDED THAT
ANY INPUT PROVIDED BY THE MEMBERSHIP BE THE BASIS OF A
REVISED PROPOSAL THIS CONSULTATION DID NOT UTIUZE THE
MORE CONVENTIONAL METHOD OF QUESTIONNAIRES. THIS WAS TO
ALLOW PEOPLE TO THINK ABOUT THE SUBJECT MATTER AND TO
ENABLE THEM TO RESPOND FREELY. INSTEAD THE INFORMATION
WAS PRESENTED IN THE FOLLOWING FORMS:
a) THE WAWATAY RADIO NETWORK (WRN) WAS UTIUZED QUITE
EXTENSIVELY THROUGH LIVE INTERVIEWS, UPDATES AND LIVE
RADIO PHONE-IN PROGRAMS. WAWATAY RADIO NETWORK IS
A REGIONAL BROADCASTER THAT UNKS UP A MAJORITY OF
THE NISHNAWBE-ASKI COMMUNITIES, COVERING MOST OF
NORTHERN ONTARIO.
b) COMMUNITY RADIO IS AN IMPORTANT INFORMATION SOURCE
FOR PEOPLE AT THE COMMUNITY LEVEL AND MOST
IMPORTANTLY, IT IS IN THE NATIVE LANGUAGE ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
c) COMMUNITY MEETINGS PLAYED A VITAL ROLE BECAUSE OF ITS
ALLOWANCE FOR AN INTERACTIVE PROCESS WITH THE
PRESENTATION THAT UTILIZED TRANSPARENCIES IN BOTH OJI-
CREE AND ENGLISH. THIS IS THE MOST CRUCIAL PART OF THE
CONSULTATION AND THE FEEDBACK FROM THESE SESSIONS
ARE RECORDED AND TRANSCRIBED FOR COMPLETE AND
ACCURATE INTERPRETATION. THE MINUTES OF TRIBAL
COUNCIL AND COMMUNITY MEETINGS ARE APPENDED AT THE
END OF THIS REPORT. (APPENDIX "C")
D. ANALYSIS
MR. RAY AUGER WAS HIRED TO ASSIST IN THE ANALYSIS AND WRITING OF
THE CONSULTATION FINDINGS. MR. AUGER WORKS FOR THE MINISTRY OF
THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES IN PROBATION
AND PAROLE AT WALKERTON, ONTARIO. MR. AUGER WAS HIRED ON A
CONTRACT BASIS TO PERFORM THESE SPECIFIC FUNCTIONS. ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
III. MAJOR CONSULTATION FINDINGS
A. CULTURAL APPROPRIATENESS
THE CONSENSUS VIEW OF THE CONSULTATION PROCESS WAS THAT THIS
AREA WAS THE MOST IMPORTANT. CULTURAL COMPONENTS WHICH WERE
SPECIFICALLY MENTIONED WERE TRADITIONAL HEALING, THE ROLE OF
ELDERS, SWEAT LODGES, AND LANGUAGE. WILDERNESS CAMPS, WHERE
ABORIGINAL PEOPLE COULD BE TAUGHT TRADITIONAL LIFESTYLE, WERE
HIGHLIGHTED MORE THAN ONCE. MUCH FOCUS WAS PUT ON HEAUNG IN
TERMS OF REINTEGRATING THE FIRST NATIONS PERSON INTO THE
COMMUNITY, RATHER THAN REMOVING HIM OR HER TO A PLACE OF
INCARCERATION IN THE SOUTH.
CULTURALLY SPECIFIC PROGRAMS WOULD SERVE TO HIGHLIGHT
ABORIGINAL PEOPLES SPECIAL RELATIONSHIP WITH THE CREATOR AND
WITH THE LAND AND PUT MORE FOCUS ON THE VALUES OF TRADITIONAL
FAMILY LIFE.
TRADITIONAL HEAUNG PATHS AND HEAUNG CIRCLES WOULD HIGHLIGHT
FIRST NATIONS VALUES OF THE FAMILY, THE INDIVIDUAL AND THE
INDIVIDUAL WITHIN THE COLLECTIVE. REINTEGRATION, THROUGH HEAUNG,
WOULD BE THE FOCUS OF THESE CULTURALLY SPECIFIC AND
APPROPRIATE PROGRAMS. ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
B. LEGISLATIVE REFORM VERSUS PROGRAM TRANSFER
ANOTHER FINDING IS THE NEED FOR LEGISLATIVE REFORM AS OPPOSED
TO A STRAIGHT TRANSFER OF EXISTING PROGRAMS. THIS OPTION WOULD
ENSURE THAT FIRST NATIONS PEOPLES COULD EXERCISE REAL AUTHORITY
AND CONTROL AT THE LOCAL LEVEL.
IT WAS FELT THAT SUBSCRIBING TO THE PROPOSED MEMORANDUM OF
AGREEMENT WOULD BE SEEN AS ENDORSING FEDERAL AND PROVINCIAL
LEGISLATION AND THE ASSOCIATED REGULATIONS. MANY PEOPLE AND
COMMUNITIES CONSULTED PREFERRED TO EXERCISE THEIR OWN LAW
MAKING ABILITIES TO DEAL WITH PROBLEMS OF DISORDER.
IN TERMS OF THE RELATIONSHIP BETWEEN NAN, ONTARIO AND CANADA,
IN RELATION TO CORRECTIONS, IT WAS CLEAR THAT THE COMMUNITIES
REQUIRE LEGISLATIVE REFORM TO ACKNOWLEDGE CULTURAL
DIFFERENCES AS WELL AS THE INHERENT RIGHT TO SELF GOVERNANCE.
C. COORDINATION
I) WITH OTHER JUSTICE INITIATIVES
ANOTHER COMMON ELEMENT OF THE CONSULTATION PROCESS
WAS THE NEED FOR AN INTEGRATED AND COOPERATIVE APPROACH CORRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 9.
TO CORRECTIONS. THIS WOULD BE BOTH AT THE LEVEL OF
DEALINGS WITH OTHER JUSTICE RELATED PROGRAMS AS WELL AS
AT THE COMMUNITY LEVEL.
A CLEAR NEED TO COMMUNICATE AND COOPERATE WITH THE
POLICE, COURTS, CROWN ATTORNEYS AND THE DEFENCE BAR WAS
UNDERSCORED. THE CORRECTIONS MEMORANDUM OF AGREEMENT
AS IT STANDS SEEMS TO OPERATE IN A VACUUM. CONSULTATIONS
SHOW THAT THERE MIGHT BE SOME POSSIBILITY TO INTERVENE
WITH THE POLICE WHO LAY CHARGES OR WITH THE CROWN
ATTORNEY(S) WHO PROSECUTE CHARGES IN A WAY THAT WOULD BE
PRODUCTIVE TO INDIVIDUALS FROM THE NAN COMMUNITIES. THIS
COULD BE IN THE AREA OF DIVERSION AND ALTERNATIVE MEASURES
AND OTHER PROGRAMS OF A SIMILAR NATURE.
ii) WITH FIRST NATIONS COMMUNITY RESOURCES
MANY OF THOSE CONSULTED EXPRESSED FRUSTRATION AT BEING
LEFT OUT OF THE JUSTICE PROCESS UNTIL AFTER SENTENCE HAD
BEEN PASSED. THE NEED AND DESIRE TO BE CONSULTED ABOUT
HOW THE COMMUNITY MIGHT ASSIST A PERSON IN CONFUCT WITH
THE LAW WAS EXPRESSED. COMMUNITY INVOLVEMENT IN THE
JUSTICE/CORRECTIONS PROCESS WOULD ENSURE THAT ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
SENTENCING REFLECTED COMMUNITY VALUES AND WOULD ALSO
KELP IN ADDRESSING THE NEEDS OF THE COMMUNITY AND THE
INDIVIDUAL
COORDINATION WITH OTHER JUSTICE AREAS WOULD ENSURE THAT
DISPOSITIONS AND SENTENCES WERE ACHIEVABLE AND REAUSTIC
IN TERMS OF THE COMMUNITY IN WHICH AN OFFENDER LIVED.
D. STRUCTURES
SOME FORM OF SERVICE AND PROGRAM DEUVERY MECHANISM IS
REQUIRED. CAUTION WAS EXPRESSED THROUGH THE CONSULTATION
PROCESS. ANY STRUCTURE ESTABLISHED TO DEUVER CORRECTIONS
WOULD BE SUBJECT TO THE FUTURE REGIONAL GOVERNANCE
FRAMEWORK.
THE CONSULTATION PROCESS UNDERLINED THE NEED FOR A STRUCTURE
WHICH WOULD BE RESPONSIVE TO THE NEEDS OF INDIVIDUAL TRIBAL
COUNCILS AND THEIR MEMBER COMMUNITIES.
WHATEVER INFRASTRUCTURE IS DECIDED ON, IT SHOULD HAVE BOTH
ADEQUATE FINANCIAL AND PERSONNEL RESOURCING AVAILABLE ON AN
ONGOING BASIS. ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
THE STRUCTURE MUST CLEARLY REFLECT FIRST NATIONS VALUES AND BE
INDEPENDENT FROM GOVERNMENT (ONTARIO AND CANADA) CONTROL
CONSULTATION HAS MADE IT CLEAR THAT NAN CORRECTIONS INITIATIVES
MUST BE MORE THAN AN ADMINISTRATIVE EXTENSION OF THE MINISTRY OF
THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES.
E. FEDERAL GOVERNMENT RESPONSIBILITIES
THE ROLE OF THE FEDERAL GOVERNMENT WAS REFERRED TO IN SEVERAL
CONSULTATIONS. THE AREAS OF CONCERN GENERALLY SPEAK TO THE
ISSUES OF FISCAL AND TREATY OBUGATIONS. THE FIRST AREA RELATES
TO THE FEDERAL OBLIGATION UNDER THE TREATIES. MANY OF THE
CHIEFS AND ELDERS FELT THAT THERE WAS SOME RESPONSIBILITY UNDER
THE TREATIES FOR CANADA TO BE INVOLVED IN A TRIPARTITE PROCESS IN
RELATION TO CORRECTIONAL SERVICES.
CANADA SHOULD BE INVOLVED DUE TO THE FACT THAT THE TREATIES
EXIST AND ABORIGINAL PEOPLE ARE A FEDERAL RESPONSIBILITY. IN
ADDITION, THE FEDERAL GOVERNMENT SHOULD BE PROVIDING FINANCIAL
RESOURCES ON A COST SHARING BASIS WITH ONTARIO. CANADA MAY
ALSO BE REQUIRED TO INVOLVE ITSELF IN THE LEGISLATIVE REFORM
PROPOSALS AS MANY OF THE LAWS ARE FEDERAL ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
RECOMMENDATIONS:
IN VIEW OF THE CURRENT STATUS OF THE MEMORANDUM OF
UNDERSTANDING NEGOTIATIONS AND THE REQUIREMENT OF ADDITIONAL
WORK AS SUGGESTED BY THE CONSULTATION WE MAKE THE FOLLOWING
RECOMMENDATION:
1. NAN BE GIVEN THE MANDATE TO BEGIN NEGOTIATIONS ON
CORRECTIONS UNDER THE PROPOSED GOVERNANCE
NEGOTIATING SECRETARIAT WITH THE FOLLOWING
CONDITIONS:
A. CULTURALLY APPROPRIATE SERVICES
B. LEGISLATIVE REFORM VS PROGRAM TRANSFER
C. COORDINATION WITH OTHER JUSTICE AND COMMUNITY
RESOURCES
D. STRUCTURES
E. FEDERAL GOVERNMENT RESPONSIBILITIES
F. OTHER RELATED ISSUES CORRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 13.
IV OTHER FINDINGS
A. SUPPORT SERVICES
SUPPORT SERVICES ARE REQUIRED BY CHIEF AND COUNCILS TO
REHABILITATE THEIR PEOPLE AFTER THE COURTS HAVE PASSED
SENTENCE. COMMUNITY BASED PROGRAMS THAT ALLOW PARENTAL
INVOLVEMENT IN DEAUNG WITH YOUTH REQUIRES DEVELOPMENT SO THAT
AN ADEQUATE FOLLOW UP IS DONE ON DISPOSITIONS. THE TYPE OF
SUPPORT SERVICES WOULD BE IDENTIFIED BY THE COMMUNITIES.
"This proposed agreement is a good start towards what should be a goal to work towards. I have been ordered by the court countless times through having my people thrown at me after they have been In court. To date, / haven't received any resources to deal with or to try and help the offender"
"When you try to treat the youth in isolation, you are only dealing with part of the problem. If these sen/ices were set up properly you would include the parents in the treatment of the child. So they cannot only look at what they think is the cause, but they would have to take responsibility for their share of the problem. That's why the approach taken should be more comprehensive."
"A lot of times the government of Ontario defines these services themselves instead of finding out from the communities. There are a lot of differences, like religious differences; the same with culture. When you say culture, a lot of the communities define culture in a different way. There's people that have traditional activities like sweatlodges who feel right about it. That can't be overlooked!" ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
RECOMMENDATION:
ADEQUATE RESOURCING BE PROVIDED FOR EXISTING SERVICES.
DEVELOPMENT OF COMMUNITY DEFINED AND IDENTIFIED SUPPORT
SERVICES.
B. TRAINING
TRAINING WAS IDENTIFIED AS A REQUIREMENT IN THE FOLLOWING AREAS:
i) MINISTRY OF CORRECTIONAL SERVICES PROGRAMS AND
SERVICES.
ALTHOUGH THERE WAS INFORMATION ON THE MINISTRY OF
CORRECTIONAL SERVICES PROVIDED AS PART OF THE CONSULTATION; THE
COMMUNITIES IDENTIFIED THE NEED FOR AN ON-GOING EDUCATIONAL
AWARENESS CAMPAIGN ON THE MINISTRY1 PROGRAMS AND SERVICES.
7 think that is what the Chiefs mean when they say, lets take it slow. Lets get an understanding. Give the information to the Chiefs and they can give us the information. As many times as possible. So people at the reserve level can understand exactly what is being proposed. A person needs to go to the communities to explain what this information means. For example, a lot of people don't understand things immediately. Especially something like this. If something is thrown together in a hurry, it doesn't work out the way it was intended.' CORRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 15.
RECOMMENDATION:
ONGOING COMMUNITY AWARENESS CAMPAIGN ON MINISTRY PROGRAMS
AND SERVICES TO FACILITATE A GREATER UNDERSTANDING.
ii) LEGISLATION
FURTHER AWARENESS AND EDUCATION IS REQUIRED FOR THE
LEGISLATION AUTHORIZING THE MINISTRY OF CORRECTIONAL SERVICES AS
OUTLINED IN THE PROPOSAL
"In item 5 of the document relating to the legislation: my view is that these Acts need to be analyzed. The law of the people have to be included because they come from the Creator."
MThis agreement has to include education on the applicable legislation throughout the land. We lose our young people to the laws that the governments impose on our people and bring into our communities. We have to look into this situation.'
RECOMMENDATION:
COMMUNITY AWARENESS AND EDUCATION SESSIONS OCCUR IN THE NAN
COMMUNITIES ON THE APPLICABLE LEGISLATION OUTUNED IN THE
PROPOSAL. ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
iii) PREVENTATIVE MEASURES
CRIME PREVENTION PROGRAMMING AND THE USE OF FORMER INMATES
FOR THIS PURPOSE IS SUGGESTED.
"NAN communities also require crime prevention programs so that NAN citizens can be aware of issues that can cause problems." "I have a brother who is currently serving time. I have always tried to inform him about the consequences that come with his way of thinking. He has been calling me quite a bit lately about his problems. I hear he has also been phoning his friends and letting them know the consequences of breaking the law. I think I might be able to use him upon his release. I think when you show a person an actual case as opposed to telling them, they tend to understand better
RECOMMENDATION:
ESTABLISH AND DEVELOP CRIME PREVENTION PROGRAMMINO IN NAN
COMMUNITIES BY INCLUDING FORMER INMATES AS MUCH AS POSSIBLE.
iv) COURT PROCESS
A NEED FOR A CLEAR UNDERSTANDING OF THE COURT PROCESS WAS
IDENTIFIED.
"We also know this work is sacred because we are trying to save lives. It is important that we are aware of the legal system and how we can help our people. There is a lot to consider in this work. You have to find out and understand the nature of the work that you do." ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
RECOMMENDATION:
LEGAL AWARENESS SESSIONS OCCUR IN NAN COMMUNITIES.
DEVELOPMENT OF ALTERNATIVE SENTENCING
THE NEED FOR SENTENCING TO REFLECT COMMUNITY INPUT THROUGH THE USE
OF COMMUNITY RESOURCES WAS IDENTIFIED.
"Some of the areas that could be covered under these correctional sen/ices are the different ways of sentencing. I.E. Alternative sentencing."
"If they sent you for community work, they should sentence you to work with someone outside the community. Whether it is on traplines or that type of environment . It would be with whoever is out of the community. You could spend some time with that person and deal with the problem. That is the type of sentencing they were looking at. That type of sentencing hasn't been carried out yet. That is an area that could be improved.
RECOMMENDATION:
ALTERNATIVE FORMS OF SENTENCING BE DEVELOPED BY THE
COMMUNITIES SO COMMUNITY RESOURCES CAN BE UTILIZED TO THE
MAXIMUM IN REHABILITATION EFFORTS. ^JRRECTIONS MEMORANDUM OF AGREEMENT ANNUAL REPORT-JULY, 1993 11.
DEVELOPMENT OF COMMUNITY BASED COURT SYSTEMS
A COMMUNITY COURT SYSTEM THAT PROMOTES REHABILITATION REQUIRES
DEVELOPING.
"A community court system that rehabilitates people should be included in the proposal if they want us to look after community supervision and rehabilitation. A community court system would need to be designed."
RECOMMENDATION:
BEGIN RESEARCH AND DEVELOPMENT OF A COMMUNITY COURT SYSTEM
FOCUSING ON REHABILITATION.
DEVELOPMENT OF TRADITIONAL HEAUNG SYSTEM
A TRADITIONAL HEAUNG SYSTEM WAS SEEN AS A REQUIREMENT IN THE
PROPOSAL.
" A traditional healing system needs to be included that will enable us to use our peoples healing methods and problem solving practices. They have to be in the Agreement so that the people in conflict with the law have every opportunity to receive the help they need.'
RECOMMENDATION:
BEGIN RESEARCH AND DEVELOPMENT OF TRADITIONAL
HEAUNG AND PROBLEM SOLVING METHODS. ^JRRECTIONS MEMORANDUM OF AGREEMENT
ANNUAL REPORT-JULY, 1993 11.
SUMMARY:
THE OTHER FINDINGS SECTION ARE AREAS THAT CAN BE EXPLORED TO THE
EXTENT OF ADDRESSING IN THE ABSENCE OF AN AGREEMENT. THE
RECOMMENDATIONS WILL REQUIRE THE CO-OPERATION OF THE POLICE, COURTS
AND CORRECTIONAL SERVICES. THE MEMORANDUM OF INTENT SIGNED IN
AUGUST OF 1990 DID INDICATE THAT DISCUSSIONS WILL BEGIN ON "JUSTICE AND
RELATED ISSUES." THE DIALOGUE FROM THESE DISCUSSIONS WOULD LEAD TO
A MEMORANDUM OF AGREEMENT. THE CONSULTATION FINDINGS WOULD
PROVIDE THE BASIS FOR A REVISED AGREEMENT. A FIRST DRAFT OF A REVISED
AGREEMENT THAT INCLUDES THE ABOVE RECOMMENDATIONS IS ATTACHED AS
APPENDIX "D".
THIS IS AN INTERIM REPORT AND A FULL REPORT WILL BE WRITTEN ONCE ALL
CONSULTATION FINDINGS HAVE UNDERGONE A MORE THOROUGH ANALYSIS.
THERE IS ENOUGH INFORMATION TO PROCEED WITH THE FIRST MAJOR
RECOMMENDATION. ANNEX L
FRAMEWORK AGREEMENT ON
LAND, RESOURCES AND THE ENVIRONMENT
(DRAFT) - 3 -
While the Chief Ontario Negotiator recognizes that the inherent right to self-government may not have been relinquished in the treaties, he considers that the treaties did affect the application of the right.
E) AND WHEREAS Nishnawbe-Aski land use and care for the land reflects the unity of people and nature and emphasizes balance and sustainability of all communities of life;
F) AND WHEREAS the Nishnawbe-Aski First Nations and the Governments of Canada and Ontario desire to implement their Nation-to-Nation and Nation-to-Government relationship by clarifying what Nishnawbe-Aski respective jurisdictions and legislative authorities for their traditional and customary lands and resources will be;
See comments in Q. This is not consistent with the SPR.
G) AND WHEREAS the Nishnawbe-Aski Nation, Canada and Ontario have entered into a Memorandum of Understanding in 1986 and an Addendum thereto in 1989, providing for the negotiation of various matters, including those related to land, resources, and the environment.
There is a need for additional whereas clauses which respect historical relationships and acknowledge Ontario's jurisdiction and managment authority.
Another Whereas clause required that the parties acknowledge that divergent views exist on the limits to Self-government.
NOW THEREFORE the parties agree as follows:
1 PURPOSE
The purpose of this agreement is to establish a framework of principles, powers and procedures for negotiations between the parties concerning traditional and customary lands and resources. Specific negotiations will be conducted by individual First Nations, or if mandated by First Nations, groupings of First Nations, or the Nishnawbe-Aski Nation. The provisions of the agreements reached with respect to traditional and customary lands and resources will be consistent with the provisions of specific governance agreements to be concluded pursuant to a general framework agreement on governance to be entered into by the parties hereto.
The Chief Ontario Negotiator is seeking an articulation of NAN's role in coordinating any regional groupings of First Nations and in the post-framework regional and community negotiations. - 4 -
The Chief Ontario Negotiator observes that, to the extent that an inherent right to self- government exists, it resides at the First Nation level. He considers that a fundamental premise of Ontario's participation in the NAN MOV negotiations is that the NAN First Nations have provided a mandate to NAN to negotiate a framework for self-government on their behalf. Ontario raises the question of how the parties will operationalize a process involving the NAN, regional and community level negotiations. The Chief Ontario Negotiator expects that following the ratification offramework agreements with NAN, NAN will provide technical advice to First Nations and regional groupings in their negotiations. Good will requires that the NAN Chiefs continue to endorse the NAN MOU process and define the role of NAN. The Chief Ontario Negotiator concerned that the NAN Chiefs' commitment to the MOU process is limited, in that they respect the NAN MOU process, while at the same time reserving their right to seek their own agreement with Ontario free of the agreement made with NAN.
Related sections of these NAN draft agreements propose that First Nations could "opt out" of the frameworks. The Chief Ontario Negotiator questions the benefits of negotiating tripartite framework agreements with NAN if in the end we are still required to negotiate with communities without the benefit of the frameworks. It must be clear that if a First Nation opts out of a NAN framework agreement, it will be "opting back" to the current system of management in the NAN territory. Perhaps a more positive approach would have First Nations "opt in " to the frameworks from the current system of management.
2 PRINCIPLES TO GUIDE THE NEGOTIATIONS
The parties involved in any negotiations pursuant to this agreement the will use their best efforts to negotiate expeditiously and in good faith, recognizing the following principles:
2.1 to 2.7 While Ontario politically recognizes that the inherent right to self-government may not have been relinquished in the treaties, the Chief Ontario Negotiator considers that the treaties did affect the application of the right.
The Chief Ontario Negotiator is willing to discuss Aboriginal management and co- management of natural resources. It will be necessary to define the relationship between each First Nation and their neighbouring community lands.
2.1 The Nishnawbe-Aski are one with their traditional and customary lands and resources, which nourish and sustain their entire way of life.
It is critical that we clarify what NAN is specifically referring to by traditional and customary landsThe Chief Ontario Negotiator seeks to identify community lands, and is willing to consider models which would recognize various roles for First Nations in the managment of these community lands.
2.2 The Nishnawbe-Aski have the inherent right of governance including the right to govern their traditional and customary lands and resources including access thereto.
As stated earlier, while Ontario politically recognizes that the inherent right to self-government may not have been relinquished in the treaties, • % DRAFT
FOR DISCUSSION PURPOSES ONLY
drafted by Nishnawbe-Aski Nation, with annotation by the Chief Ontario Negotiator
FRAMEWORK AGREEMENT ON LAND, RESOURCES, AND THE ENVIRONMENT UNDER THE MEMORANDUM OF UNDERSTANDING OF 1986
BETWEEN:
THE NISHNAWBE-ASKI NATION
and
THE GOVERNMENT OF CANADA
and
THE GOVERNMENT OF ONTARIO
Note: What follows is NAN's draft proposed agreement and some initial perspectives from Ontario's Chief Negotiator. Such perspectives should be considered elaborations and not formal Ontario responses to NAN's documents. The One} Ontario negotiator will be formulating official positions on behalf of the Ontario government based in part on the response to these papers from interest groups and other parties through the consultations conducted by Ontario.
NAN draft: August 26, 1992; Ontario annotations June 18, 1993 - 2 -
PREAMBLE
A) WHEREAS the aboriginal rights and responsibilities of the Nishnawbe-Aski are inherent and flow from the Creator;
The Government of Ontario was the first jurisdiction in Canada to politically recognize the inherent right when it signed the Statement of Political Relationship (SPR) with the leadership of the First Nations on August 6, 1991 (attached). Section 1 of the SPR reads: "The inherent right to self-government of the First Nations flows from the Creator and from the First Nations' original occupation of the land. "
While Ontario politically recognizes that the inherent right to self-government may not have been relinquished in the treaties, the Chief Ontario Negotiator considers that the treaties did affect the application of the right.
B) AND WHEREAS the Nishnawbe-Aski have always been and continue to be self-governing peoples with their own distinctive economies, cultures and institutions based upon their relationship with their traditional and customary lands and resources;
The Chief Ontario Negotiator requires clarification of the meaning of the phrase "have always been and continue to be self-governingWhile the Chief Ontario Negotiator agrees on the origin of the right to self-government, he considers that Treaty 9 and 5 did affect the governance of the Nishnawbe-Aski people and their traditional and customary lands, and the Chief Ontario Negotiator probably disagrees with NAN on the effect of the treaties. The Chief Ontario Negotiator seeks in these negotiations to clarify the treaty relationship through supplemental agreements, not a renegotiation of the treaty.
C) AND WHEREAS Treaties 5 and 9 established a Nation-to-Nation relationship between the Nishnawbe-Aski First Nations and Canada, and a Nation-to-Government relationship between the Nishnawbe-Aski and Ontario in relation to Treaty #9;
The SPR which NAN and Ontario are signatories to politically recognizes a government-to- government relationship between Ontario and the First Nations within the Canadian constitutional framework. "Nation-to-nation" and "Nation-to-government" imply sorertignty and sovereignty association, respectively, which the Chief Ontario Negotiator considers is inconsistent with the SPR, and beyond his mandate to negotiate. The Chief Ontario Negotiator requires an explanation for NAN's distinction between Treaty 9 and Treaty 5 territories; it would seem that the province's jurisdiction in the Treaty 5 territory is the same as it is the Treaty 9 territory.
D) AND WHEREAS the Nishnawbe-Aski First Nations through Treaties 5 and 9 agreed to share their land and resources with the non-aboriginal peoples of Canada, but have never relinquished their inherent jurisdiction and management responsibilities over their traditional and customary lands and resources; - 5 -
the Chief Ontario Negotiator considers that the treaties did affect the application of the right.
2.3 First Nations exercise jurisdiction and governance over First Nations' traditional and customary lands and resources consistent with their principles of traditional and customary land use and care for the land.
See comments on 2.2
2.4 Resource development activities in Nishnawbe-Aski territory require the consent of any affected First Nation or affected First Nations.
NAN needs to clarify what it means by "resource development activities'1 and what constitutes "consent". The Chief Ontario Negotiator considers it may be productive for the parties to establish consensus seeking and dispute resolution mechanisms. The January 92 NAN north/south model included such mechanisms (see NAN Update f3 published by the Chief Ontario Negotiator).
2.5 Each First Nation respects the decisions of other First Nations related to their traditional and customary land and resources.
There must be a process for resolving disputes between First Nations.
2.6 The Nishnawbe-Aski must benefit equitably from the past, present, and future use of their traditional and customary land and resources.
The Chief Ontario Negotiator is prepared to discuss future use of lands and resources in the MOV negotiations. The private sector, especially the mining sector, consider that they art already being taxed out of a globally competitive position, that they could not accept a self- government system that added another layer of taxation, and that they could accept a system in which the taxation costs are no greater than existing taxation costs.
2.7 Each First Nation has the inherent right to its traditional and customary land and resources and the benefits therefrom to enable social, cultural, and economic self- sufficiency, so that First Nations may continue to develop according to their own values and priorities, and ensure the integrity of their societies.
See comments 2.1, 2.2 and 2.3. CONTEXT FOR NEGOTIATIONS
The following constitute the context for negotiations:
3.1 to 3.7 The wording of these sections implies a claim to sovereignty and exclusive jurisdiction. The Chief Ontario Negotiator considers the context of these negotiations is more appropriately the treaty relationship, and the Statement of Political Relationship. The SPR, which NAN and Ontario are signatories to, politically recognizes a government-to- government relationship between Ontario and the First Nations within the Canadian constitutional framework. "Nation-to-nation" and "Nation-to-government" imply sovereignty and sovereignty association, respectively, which the Chief Ontario Negotiator considers is inconsistent with the SPR, and beyond his mandate to negotiate. The Chief Ontario Negotiator requires an explanation for NAN's distinction between Treaty 9 and Treaty 5 territories; it would seem that the province's jurisdiction in the Treaty 5 territory is the same as it is the Treaty 9 territory.
There is a need to reconcile the two positions put forward by NAN in these sections: a) jurisdiction residing at the First Nation level, and b) jurisdiction being exercised as sanctioning authority over traditional and customary lands across the NAN territory. The Chief Ontario Negotiator is prepared to discuss a range of options including shared management which would provide for mechanisms to protect the interests of all parties in the NAN area. The Chief Ontario Negotiator has concerns with the magnitude of infrastructure costs and the potential for duplication of effort, particularly if the respective role of NAN and individual and grouping of First Nations are not more clearly defined.
3.1 First Nations' jurisdiction over and governance of their traditional and customary land and resources is recognized. Jurisdiction includes legislative authority to be exercised either by individual First Nations, or if mandated by groupings of First Nations or by Nishnawbe-Aski Nation. The legislative authority includes sanctioning authority over the current and proposed activities of individuals, public and private companies and organizations and governments which concern or affect land use within Nishnawbe-Aski traditional and customary land.
As stated above, tilt Chief Ontario Negotiator is prepared to discuss a range of management options. Legislative authority as interpreted above seems to reflect nationhood, and goes beyond the scope of the NAN MOV process. Any management option would have to relate to provincial legislation, and be politically consistent with the SPR.
3.1.1 First Nations have legislative authority including the power to delegate administration and enforcement in relation to their traditional and customary land and resources including, but not limited to, authority for land and resource planning, allocation decisions, environmental assessment and protection permitting, licensing, royalties, compensation, and sanctioning.1
See comments above. - 7 -
3.1.2 First Nations may establish land and resource institutions and determine whether their scope of authority will be local, regional or Nishnawbe-Aski wide.
NAN First Nations must consider the economies of scale when building institutions for the exercise of self-government in the NAN territory. The Chief Ontario Negotiator has concerns with infrastructure and the costs of duplication. The Chief Ontario Negotiator advises that the limited resources that are available will be most effective if directed at regional and NAN-wide institutions.
3.1.3 Land and resource institutions may be entirely composed of First Nation representatives.
The Chief Ontario Negotiator needs clarification of the intent of this section. Who would represent non-native interests and municipalities?
3.1.4 By agreement of the parties to specific negotiations, land and resource institutions may be created through which First Nations share the management of their land and resources with Ontario and/or Canada.
The Chief Ontario Negotiator represents the interests of all non-NAN people residing in the NAN territory as well as the provincial interests in Ontario's responsibilities for management and development of lands and resources and for environmental protection. As above, the Chief Ontario Negotiator's position will depend on the definition of"traditional and customary lands". Any public bodies managing lands, resources and the environment in the NAN territory should reflect the area involved and the interests present. The body managing administering a First Nation's neighbouring community lands where there are no permanent non-native settlements or significant private investment will likely be different than the composition of a body administering a First Nation's neighbouring community lands where there are non-native settlements and commitments to private interests, since these other interests must be represented. Any NAN- wide board would be expected to have non-native and provincial representation.
3.1.5 The principles of the Nishnawbe-Aski for land use and care for the land will guide the use of traditional and customary land and resources.
The principles will need to be clarified and agreed to. As noted earlier, "traditional and customary lands and resources" will need to be defined in terms of neighbouring community lands. - 8 -
3.2 At the request of the First Nation(s) affected, there shall be re-negotiation land and resources agreements in the Nishnawbe-Aski traditional territory (e.g., forest management, mining and hydro agreement in relation to transmission and generation of power) to ensure the Nishnawbe-Aski full financial and other benefits from their resources. The re-negotiated agreements must also ensure the protection, conservation, and wise management of such land and resources, protect and promote traditional activities and land use, and provide income support programs for harvesters.
The Chief Ontario Negotiator considers that these NAN MOV negotiations are for the purpose of creating more appropriate management of the NAN territory in the future, and is not the proper forum for resolving any grievances regarding past resource use or land claims. NAN's concerns with existing agreements can be addressed when the agreements come up for renewal. The Chief Ontario Negotiator is committed to honouring existing third party agreements. As well as legal questions, any reconsideration of agreements will need to take into account investments third parties have made in good faith, and the fact that it is unlikely Ontario will enter arrangements that would require the payment of compensation to displace third parties. First right of refusal for non-renewed leases that become available could be considered. The spirit with which the Chief Ontario Negotiator engages in these negotiations is to ensure more direct economic participation and benefit by First Nations in the future.
3.3 Within the Nishnawbe-Aski territory, the traditional territories of specific First Nations are recognized and guaranteed.
The Chief Ontario Negotiator considers that First Nation's neighbouring community lands cannot be recognized until specific mapping and negotiation activities are completed with each community. The Chief Ontario Negotiator assumes that the use of the term "territory " in these documents is politically consistent with the SPR to which Ontario and NAN are signatories.
3.4 Equitable settlements shall be entered into with the Nishnawbe-Aski for past encroachments on Nishnawbe-Aski traditional and customary land and resources including compensation to harvesters tor past, present, and future interference with traditional activities, and rehabilitation ot lands and resources.
See the comments on 3.2
3.5 A dispute-resolution process shall be established.
Agreed. Specifics, obviously, are required. - 9 -
^1.6 A secretariat shall be established to assist a First Nation or First Nations upon request in specific negotiations.
The Chief Ontario Negotiator considers that it is important to provide NAN with the infrastructure support necessary to assist First Nations and regional groupings in subsequent negotiations. It would be most effective if this were done through a multi-year funding understanding, with year-to-year approval. Caution must be observed with respect to the total financial support available considering the current economic restructuring taking place in Ontario. Ontario expects Canada to share the costs of building the institutions of Aboriginal self-government.
3.7 First Nations shall share in resource revenue, transfer payments, and royalties adequate to enable First Nations to provide infrastructure, programs and services to their citizens which are reasonably comparable to those provided to non-aboriginal Canadians.
THE IMPLEMENTATION PROCESS
4.1 First Nations may choose to exercise their rights under this agreement in coalitions, groupings or associations.
The NAN MOU process was to expedite self-government in the NAN territory by not requiring 46 community agreements. The Chief Ontario Negotiator does not see a need for First Nation delegation of control to NAN, but is interested in defining a coordinating role for NAN.
4.2 Schedule
The parties will begin implementation of this framework agreement forthwith, and will conclude the agreements to be negotiated pursuant to this agreement within 3 years of signing. The parties will negotiate in good faith with this schedule in mind, but may extend the times by mutual agreement.
It would seem that three years may be optimistic but the Chief Ontario Negotiator feels that the work should be completed as soon as possible.
4.3 Mediation
Where the parties to negotiations pursuant to this agreement, agree that negotiations ha\ e broken down or are not progressing, the parties may appoint a mediator and set the terms of reference for the mediation. - 10 -
Agreed. There is a need to define the terms of reference for such mediators.
5 FUNDING THE NEGOTIATIONS
5.1 Canada and Ontario shall provide adequate funding for First Nations, groupings of First Nations, and the Nishnawbe-Aski Nation to participate effectively in the negotiations. Funding will be provided by way of a multi-year (3) funding agreement. Disputes about the level of funding or disruption in funding shall be submitted to mediation pursuant to 4.3.
The Chief Ontario Negotiator would like to see longer term funding agreements if possible.
5.2 Canada and Ontario shall provide adequate funding forthwith for traditional and customary land and resource usage mapping and studies to support:
The Chief Ontario Negotiator feels strongly that, subject to equal participation by Canada, a major project for mapping of First Nation's neighbouring community lands using GIS technology in order to prepare for post-framework regional and community negotiations. This commitment is of course subject to the necessary project definition, approval and funding availability.
5.2.1 the recognition of the extent of traditional territories;
5.2.2 the determination of appropriate measures for the protection of traditional activities and resources; and
5.2.3 future land use planning.
6 OPTING IN AND OUT
The Chief Ontario Negotiator has difficulty understanding how a system of government with communities opting in and out could function with any stability. The Chief Ontario Negotiator prefers to negotiate framework agreements which a great majority of NAN First Nations will support, and provide opting in procedures, whereby those First Nations which decide to remain with the existing system may later opt in to the framework for NAN self- government. Opting in to the NAN frameworks should be for a significant period (i.e. 10 years). Opting out of the NAN framework would imply opting back to the current management system.
6.1 Opting out by a First Nation -11 -
A First Nation which is part of the Nishnawbe-Aski Nation may opt out of this agreement in accord with the customary procedure of that First Nation.
As stated earlier, the Chief Ontario Negotiator feels that such a system would be unworkable, and would prefer to see an "opting in " type of arrangement.
6.2 Opting In by a New First Nation
A First Nation which, through a reorganization among the Nishnawbe-Aski people, comes into existence, affiliates with, and is recognized by the Nishnawbe-Aski Nation after this agreement has been signed, may opt into this agreement, and thus have the rights which any other First Nation has under this agreement.
Agreed, subject to defining in the Framework Agreements what will be deemed to be a First Nation and the process for recognition and funding. The criteria for First Nation acceptance we would expect to be elaborated on in this section.
7 GENERAL
7.1 No effects on First Nations not Parties.
This agreement shall be without prejudice to the rights of First Nations which opt out of it.
It would be assumed by the Chief Ontario Negotiator that First Nations which do not "opt in" to the NAN frameworks would continue to be subject to the current legislative, regulatory and management regime.
7.2 Non-derogation from Aboriginal or Treaty Rights
Nothing in this agreement shall derogate from the aboriginal or treaty rights of any First Nation or First Nation Citizen.
Subject to further review.
8 TRANSITIONAL MEASURES
8.1 Pending the establishment of the Land and Resource Institutions contemplated by this agreement, individual First Nations may exercise licensing authority over all land and resources within their traditional territory, and environmental protection and assessment authority over their traditional territory. Canada and Ontario will provide adequate funding for First Nations to exercise these powers. - 12 -
A transition process will be required to enable NAN and the First Nations to develop capacity and assume responsibility and management of identified community lands. An agreement an the process, how # • quickly it will proceed, and the powers to be exercized during the transition will beed to be negotiated.
8.2 An environmental research secretariat shall be established and adequately funded forthwith to serve as a resource to First Nations exercising authority pursuant to 8.1.
The Chief Ontario Negotiator supports the ERS concepts as shown with Ontario funding commitments to the Interim Environmental Support Group. Ontario is not in a position to discuss implementation of NAN's March, 1992 ERS proposal until Canada makes a financial commitment. Subsequently, project definition and budget can be determined.
DEFINITIONS
Nishnawbe-Aski -
Nishnawbe-Aski Nation -
First Nation -
Traditional and Customary Lands and Resources - Includes lands, seas, waters, resources, airspace and environment historically used by the Nishnawbe-Aski for traditional activities and religious and cultural practices.
The Chief Ontario Negotiator is willing to discuss Aboriginal management and co-management of natural resources. It will be necessary to define "traditional and customary lands" in terms of the relationship between each First Nation and their neighbouring community lands.
1. What each First Nation or the institution established by them actually deals with depends on the model chosen for integrating overall, regional, and local authorities. ANNEX M
FRAMEWORK AGREEMENT ON
GOVERNANCE
(DRAFT) DRAFT
FOR DISCUSSION PURPOSES ONLY
drafted by Nishnawbe-Aski Nation, with annotation by the Chief Ontario Negotiator
FRAMEWORK AGREEMENT ON GOVERNANCE UNDER THE MEMORANDUM OF UNDERSTANDING OF 1986
BETWEEN:
THE NISHNAWBE-ASKI NATION
and
THE GOVERNMENT OF CANADA
and
THE GOVERNMENT OF ONTARIO
Note: What follows is NAN's draft proposed agreement and some initial perspectives from Ontario's Chief Negotiator Such perspectives should be considered elaborations and not formal Ontario responses to NAN's documents. The Chic! Ontario negotiator will be formulating official positions on behalf of the Ontario government based in part on the response to these papers from interest groups and other parties through the consultations conducted by Ontario.
NAN draft: August 26, 1992; Ontario annotations June 18, 1993 - 2 -
PREAMBLE % ®
A) WHEREAS the aboriginal rights and responsibilities of the Nishnawbe-Aski are inherent and flow from the Creator;
The Government of Ontario was the first jurisdiction in Canada to politically recognize the inherent right when it signed the Statement of Political Relationship (SPR) with the leadership of the First Nations on August 6, 1991 (attached). Section 1 of the SPR reads: "The inherent right to self-government of the First Nations flows from the Creator and from the First Nations' original occupation of the land. "
While Ontario politically recognizes that the inherent right to self-government may not have been relinquished in the treaties, the Chief Ontario Negotiator considers that the treaties did affect the application of the right.
B) AND WHEREAS the Nishnawbe-Aski have always been and continue to be self-governing peoples with their own distinctive economies, cultures and institutions based upon their relationship with their traditional and customary lands and resources.
The Chief Ontario Negotiator requires clarification of the meaning of the phrase "have always been and continue to be self-governing". While the Chief Ontario Negotiator agrees on the origin of the right to self-government, he considers that Treaty 9 and 5 did effect the governance of the Nishnawbe-Aski people and their traditional and customary lands, and probably disagrees with NAN on the affect of the treaties. The Chief Ontario Negotiator seeks in these negotiations to clarify the treaty relationship through supplemental agreements, not a renegotiation of the treaty.
C) AND WHEREAS Treaties 5 and 9 established a Nation-to-Nation relationship between the Nishnawbe-Aski First Nations and Canada and a Nation-to-Government relationship between the Nishnawbe-Aski and Ontario in relation to Treaty 9;
The SPR, which NAN and Ontario are signatories to, politically recognizes a government- to-government relationship between Ontario and the First Nations within the Canadian constitutional framework. "Nation-to-nation" and "Nation-to-government* imply sovereignty and sovereignty association, respectively, which the Chief Ontario Negotiator considers is inconsistent with the SPR, and beyond his mandate to negotiate. The Chief Ontario Negotiator requires an explanation for SAN's distinction between Treaty 9 and Treaty 5 territories; it would seem that the province's jurisdiction in the Treaty 5 territory is the same as it is the Treaty 9 territory.
AND WHEREAS the Nishnawbe-Aski First Nations through Treaties 5 and 9 agreed to share their land and resources with the non-aboriginal peoples of Canada, but have never relinquished their inherent right of governance;
While Ontario politically recognizes that the inherent right to self-government may not have been relinquished in the treaties, the Chief Ontario Negotiator considers that the treaties did affect the application of the right. - 3 -
WHEREAS the Nishnawbe-Aski First Nations exist as distinct nations, with their governments, cultures, languages, traditions, customs and territories;
This appears to be consistent with the SPR.
E) AND WHEREAS the Nishnawbe-Aski Nation, Canada and Ontario have entered into a Memorandum of Understanding in 1986 and an Addendum thereto in 1989, providing for the negotiation of various matters, including those related to Nishnawbe-Aski governance.
F) AND WHEREAS Ontario and the Nishnawbe-Aski Nation have, in the signing of the Statement of Political Relationship, on August 6, 1991, recognized the need for a mutual understanding of the government-to-government relationship between them and committed themselves to facilitating the articulation, exercise and implementation of the inherent right to First Nation governance, by various means including agreements acceptable to the First Nations and constitutional and legislative reform.
See our comments on C above.
G) AND WHEREAS in the Statement of Political Relationship the Government of Ontario recognizes that its relationships with the First Nations are to be based on the aboriginal rights, including aboriginal title and treaty rights, of the First Nations historically recognized and affirmed by Treaties and other agreements, the Royal Proclamation of 1763, and by the Constitution Act. 1982:
This appears to be consistent with the SPR.
H) AND WHEREAS the Nishnawbe-Aski First Nations and the Governments of Canada and Ontario desire to further implement their Nation-to-Nation and Nation-to-Government relationship, among other means, by concluding a framework agreement(s) for matters relating to Nishnawbe-Aski governance.;
See comments on Q and G).
Additional Whereas clause required: it is agreed thai the parties acknowledge that divergent views exist on the limits to self-government; - 4
NOW THEREFORE the parties agree as follows:
1 PURPOSE
The purpose of this agreement is to establish a general framework of principles, powers and procedures for specific negotiations on governance. Specific negotiations will be conducted by yon vt /v*^ First Nationsyor if so mandated by First Nations, groupings of First Nations-«^ the-Nishnawbe.- AskiJkfatierfTihe provisions of the agreements reached with respect tc/governance, will be consistent with the provisions of specific agreements regarding lands, resources and environment concluded pursuant to a general framework agreement on those matters to be entered into by the parties hereto.
The Chief Ontario Negotiator observes that, to the extent that an inherent right to self- government exists, it resides at the First Nation level. He considers that a fundamental premise of Ontario's participation in the NAN MOV negotiations is that the NAN First Nations have provided a mandate to NAN to negotiate a framework for self-government on their behalf. Ontario raises the question of how the parties will operationalize a process involving the NAN, regional and community level negotiations. The Chief Ontario Negotiator expects that, following the ratification of framework agreements with NAN, NAN will provide technical advice to First Nations and regional groupings in their negotiations. Good will requires that the NAN Chiefs continue to endorse the NAN MOV process and define the role of NAN. The Chief Ontario Negotiator is concerned that the NAN Chiefs' commitment to the MOV process is limited, in that they respect the NAN MOV process, while at the same time reserving their right to seek their own agreement with Ontario free of the agreement made with NAN.
Related sections of the NAN draft agreements propose that First Nations could "opt out" of the frameworks. The Chief Ontario Negotiator questions the benefits of negotiating tripartite framework agreements with NAN if in the end we are still required to negotiate with communities without the benefit of the frameworks. It must be clear that if a First Nation opts out of a NAN framework agreement, it will be "opting back " to the current system of management in the NAN territory. Perhaps a more positive approach would have First Nations "opt in" to the frameworks from the current system of management.
2 PRINCIPLES TO GUIDE THE NEGOTIATIONS
The parties to the specific negotiations will use their best efforts to negotiate expeditiously and in good faith, recognizing the following principles.
2.1 Principles of Nishnawbe-Aski Governance
The Nishnawbe-Aski have the inherent right of governance which was given to them by the Creator and has never been given up or diminished.
The phrase "never been given up or diminished" begs the question "what affect did the treaty have ?", and points to the need to clarify the treaty relationship. - 5 -
2 All Nishnawbe-Aski people, regardless of their place of residence, have equal rights and responsibilities with respect to the provisions of this agreement and agreements concluded hereto.
This section raises questions regarding the membership and representation of Nishnawbe-Aski Nation: does NAN represent urban, non-status and metis Aboriginal people? Who represents NAN people not living on NAN lands, and what benefits are they entitled to from the MOV process? What is the status non-treaty Indians, such as the MoCreebec? NAN says it respects the community definitions of membership, but how will this be operationalized? Ontario seeks direction from NAN and Canada in these matters.
3 The Nishnawbe-Aski have the sacred responsibility and the right to exercise their inherent right to governance in order to respect, preserve and promote their relationship with their land, resources, cultural identity, language and their entire way of life, so as to live in peace and dignity.
Ontario questions whether this section is necessary.
4 The exercise of the right of Nishnawbe-Aski governance includes legislative authority:
2.4.1 to safeguard and develop their languages, cultures, economies, identities, institutions and traditions; and
2.4.2 to develop, maintain and strengthen their relationship with their lands, seas, waters, airspace, resources and environment.
so as to determine and control their development as peoples according to their our values and priorities, and to ensure the integrity of their societies.
NAN's position appears to be consistent with the SPR, but some clarification is required, such as the requirement that any NAN framework for self-government must be within the current Canadian constitutional framework. The approach in these negotiations regarding how a NAN self-government agreement will be implemented and how NAN authority will be exercised has changed over time. Initially, we spoke of federal and provincial delegated authority via enabling legislation which recognized NAN authority to pass laws. We then moved towards management and co-management approaches within existing legislation. This issue begs the question of the source of NAN authority. The establishment of an authority for Aboriginal governments to make laws and to compel compliance with those laws is beyond the constitutional competence of Ontario acting alone. - 6 -
2.5 The First Nations shall develop a Nishnawbe-Aski charter of collective and individual rights and freedoms to replace the Canadian Charter of Rights & Freedoms. 4P
The Chief Ontario Negotiator is willing to discuss a NAN Charter of collective and individual rights and freedoms which augments the Canadian Charter and enhances the rights of individuals under the Canadian Charter, but could not support a NAN Charter that would limit rights of individuals. The Chief Ontario Negotiator would want to ensure the rights of Aboriginal women, for example, continue to be protected by the Canadian Charter. NAN indicated that one of the community concerns which give rise to interest in a NAN charter was the interference with enforcement of community drug and alcohol laws by arguments that searches violate Canadian Charter rights. It would seem that this specific concern could be dealt with without replacing the Canadian Charter.
2.6 The parties agree that Ontario and Canada will vacate jurisdiction that was improperly assumed over the Nishnawbe-Aski and their lands and resources, including jurisdiction with respect to the heads of power set out in sections 91, 92, 92(a), 93 and 109 of the Constitution Act 1867. to allow for the re-emergence of First Nations inherent jurisdiction.
Ontario is prepared to discuss the First Nations assuming jurisdiction in certain areas important to their aspirations, but is not prepared to vacate jurisdiction in the wholesale manner suggested in this section.
2.7 The Parties accept Nishnawbe-Aski jurisdiction as an existing and independent source of authority and as the inherent right of First Nations. The Parties agree that jurisdictional co-existence, including exclusive and joint jurisdiction, is the preferred method of inter- governmental relations.
The above politicai statement on the source of SAN authority appears to be consistent with the SPR. In terms of a preferred method of jurisdictional co-management, the Chief Ontario Negotiator is prepared to discuss a range of options including co-management which would provide for mechanisms to protect the interests of all parties in the NAN area.
2.8 The First Nation is the primary unit of Nishnawbe-Aski government structure.
Agreed.
2.9 Nishnawbe-Aski First Nations may choose to delegate the exercise of their powers to groupings of First Nations, to the Nishnawbe-Aski Nation, or to institutions established by any of them, so that those delegated powers may be exercised collectively with other Nishnawbe-Aski First Nations; - 7 -
Agreed. A process for delegation of authority by First Nations should be provided for in the NAN frameworks. The Chief Ontario Negotiator considers that First Nation delegation of authority to regional groupings and NAN should be for an extended period of time (i.e. 10 years) to provide stability and certainty to management in the NAN territory.
10 General Principles of Social Development (Health/Education/Social Services/Housing/Community Development)
The general principles are illustrative and not exhaustive. Specific principles for sectors such as social development, economic development, justice and the administration of justice will be included in agreements concluded pursuant to this agreement.
Experience with the Interim Measures Agreement suggests that illustrative and non-exhaustive lists can cause disputes, and the Chief Ontario Negotiator suggests the framework agreements need to be more definitive.
11 All Nishnawbe-Aski have the right to effective access to education at all levels and to have a safe and healthy environment to improve their quality of life.
Education is subject to separate discussions pursuant to the 1985 Declaration of Political Intent.
12 Social, health, education, housing and overall community infrastructure and development shall be controlled by First Nations.
Ontario believes these are important areas in the governance of First Nations. Further clarification of issues and relationships with non- Aboriginal communities in the vicinity of First Nations is required.
13 The level of social, health, education, housing and overall community infrastructure and services available to the Nishnawbe-Aski must be immediately improved to and maintained at levels and standards at least comparable to those in Ontario communities.
With regard to the level of human services available in NAM communities, the Chief Ontario Negotiator expects that self-government will result in NAN or First Nations exercising responsibilities for determining priorities and allocating available resources. There is benefits in considering the experience of Greenland with Aboriginal community infrastructure, where the communities themselves determine the appropriate level of community service and infrastructure. The Chief Ontario Negotiator considers the objective should be to raise the standards of community infrastructure and service in NAN communities to at least the level present in non-NAN communities of similar size and location in Ontario. Ontario will need to ensure that minimum standards are maintained, such as in the case of public health, and that NAN - 8 -
services and institutions will relate appropriately with the provincial system.
2.14 Social, health, education, housing and overall community development must be culturally appropriate.
Agreed; reference should perhaps be "should be ".
2.15 The Nishnawbe-Aski shall determine appropriate training for social, health, education, housing and other community workers.
See comments for 2.11, 2.12, 2.13
2.16 General Principles of Economic Development
First Nations shall control economic development.
2.16 to 2.18 There is a need to define "control" and "economic development" in this section. The Chief Ontario Negotiator is willing to discuss First Nation management of community development within a framework which provides NAM dispute resolution mechanisms. The Chief Ontario Negotiator suggests there are opportunities for NAN-wide institutions for economic development and training initiatives. A significant issue here for NAN is going to be the degree of responsibility NAN First Nations are likely to delegate to NAN and/or regional institutions. At least initially, it is expected that NAN and NAN First Nations will be relying on the injection of new capital to Aboriginal economies from the provincial and federal governments. Decisions concerning the extent to which Ontario is prepared to provide such capital must be left with Ontario.
2.17 Economic development shall contribute to the economic, cultural, social and political well-being and self-sufficiency of Nishnawbe-Aski peoples and First Nations.
2.18 The Nishnawbe-Aski shall determine appropriate training for economic development workers.
2.19 General Principles of Justice and the Administration of Justice
The Nishnawbe-Aski have their own values, traditions, customs, laws remedies and dispute resolution mechanisms. The justice system available in the communities must reflect this.
2.19 to 2.25 Ontario is involved in a number of justice initiatives in the NAN territory, included tripartite self-government negotiations pursuant to the MOV, and this section may be in conflict with those discussions, especially regarding NAN institutions vs. First Nation control. The Chief Ontario Negotiator would be concerned with First Nations opting out of justice arrangements. NAN needs to define "values and traditions" (2.19) and "culturally appropriate'' (2.22). How does NAN reconcile claiming it retains a traditional system (2.19), while at the same time seeking access to all legal services (2.24)? Ontario will need to be involved in initiates it is funding.
2.20 Control of the justice system, as it applies to Nishnawbe-Aski, must rest first and foremost with First Nations.
2.21 Traditional and other means of dispute resolution may be implemented by the Nishnawbe- Aski.
2.22 Sentencing must be culturally appropriate.
2.23 The administration of justice must be fair and timely for both accused and victim.
2.24 The Nishnawbe-Aski must have improved access to all legal services.
2.25 The Nishnawbe-Aski shall determine appropriate training for justice workers.
JURISDICTION
It is recognized that First Nations' governance includes the jurisdiction of each First Nation over all such matters which are necessary or appropriate for the good government of that First Nation, including but not limited to the following matters:
3.1 to 3.42 [As a general statement for this section, the Chief Ontario Negotiator will seek to ensure an orderly transition to self-government occurs so that the services that communities expect will continue to be delivered. Ontario takes the position that some of the matters listed below should remain within the current federal and/or provincial jurisdiction, such as banking and paper money, while others, such as health care, child and family services and training, Aboriginal jurisdiction needs to be recognized. Where we agree that current federal and/or provincial jurisdictions should be adjusted, the Ontario Chief Negotiator will seek agreements for co-management and cooperation which provide minimum standards and protect the interests of non-Aboriginal communities. In some areas, such as community administration of justice, Ontario is already supporting Aboriginal initiatives in the NAN area.
3.1 The adoption, repeal or amendment of appropriate provisions for the exercise of governance, such as a First Nation Constitution.
3.2 Dispute resolution.
There is a need to clarify the context of this section. Mechanisms for dispute resolution must be achieved through consensual means involving the parties to the potential disputes.
3.3 Inter-govemmental relations with other aboriginal and non-aboriginal governments. - 10 -
This is acceptable in the context of other governments in Canada; the right to enter into agreements with foreign governments should remain the exclusive jurisdiction of the federal government.
3.4 Delegation of the exercise of governance to groupings of First Nations, to Nishnawbe- Aski Nation, and to institutions established by any of them.
3.5 Membership, voting and other rights of First Nation members including rights guaranteed by a Nishnawbe-Aski charter of collective and individual rights and freedoms.
NAN residents are also Ontario residents, with the right to vote in provincial elections.
3.6 Rights and activities of non-members, including individuals, corporations and municipal organizations, living on or using the First Nation's traditional lands.
As in the IMA, it would be the Chief Ontario Negotiator's position that this agreement would exclude private and municipal lands. This agreement will not alter the relationship between the provincial and municipal governments. We expect that self-government in the NAN area would ensure that NAN members have the capacity to govern their own affairs while minimizing the impact of management processes for non-members.
Other interested parties that the Chief Ontario Negotiator is consulting with seek continuing and enhanced access to the lands and resources of the NAN territory. NOTO for example is seeking partnerships with NAN to enhance tourism opportunities in the territory. The Chief Ontario Negotiator is seeking no further restriction on development except where necessary to protect culturally and environmentally significant sites. The Chief Ontario Negotiator is seriously concerned with the present feeling that investment in the NAN area is being seriously hampered by the current uncertainty regarding self-government discussions, and that until these framework agreements can be achieved, the NAN First Nations may be missing economic development opportunities.
3.7 Access to and residence on the First Nation's traditional lands.
The Chief Ontario Negotiator's response will depend on the definition of First Nation's community lands.
3.8 Land tenure.
The Chief Ontario Negotiator can accept this with regard to reserve lands only.
3.9 Expropriation for community purposes. -11 -
The Chief Ontario Negotiator can accept this with regard to reserve lands only.
3.10 Zoning and land-use planning in respect of the First Nation's traditional lands.
The Chief Ontario Negotiator consider zoning and planning of off- reserve land use would be appropriate within co-management arrangements
3.11 Parks and recreation on the First Nation's traditional lands.
3.12 Public and private works including, but not limited to airports, railways, power generation and transmission, oil and gas pipelines, roads, communication towers, postal service, docks, dykes, ferries, canals, dams, sewers, storm drains, bridges, waste disposal and storage of toxic waste and substances.
3.13 Transportation.
Ontario can accept this with regard to reserve lands only, and with an exception to pipelines and provincial highways passing through reserve lands.
3.14 Cemeteries, sacred sites and burial grounds.
3.15 Rites upon death.
3.16 Fire protection.
The Chief Ontario Negotiator is interested in ensuring off-reserve arrangements will protect minimum standards and involve neighbouring non-NAN communities in cooperative arrangements.
3.17 Communications including telecommunications.
These are matters that should remain the jurisdiction of the federal government.
3.18 Education and training at all levels including post-secondary .
These are matters for which Ontario will seek agreements that help ensure cooperation so that students from NAN schools can enter Ontario institutions.
3.19 Social development and assistance.
3.20 Child and family services, including adoption.
3.21 Health, including public health, nutrition, and hygiene. - 12 -
These are matters that Ontario can likely accept within Aboriginal jurisdiction, but would seek agreements to ensure minimum standards in some areas, such as public health.
3.22 Culture, tradition and languages.
3.23 Marriage and divorce, including division of property.
3.24 Succession of property on death.
3.25 Justice, including traditional justice and correctional regimes, civil and criminal law.
Ontario expects that the Criminal Code of Canada will continue to apply in the NAN territory.
3.26 Administration of justice, including establishment of courts and tribunals.
Ontario is currently supporting a number initiatives in these matters with a number of NAN First Nations.
3.27 Policing, peace keeping, public order, and safety on the First Nation's traditional lands.
There are separate negotiations on these matters currently on-going in the context of a provincial framework.
3.28 Penalties for the contravention of any law made by the First Nation.
This is acceptable where the laws are within the jurisdiction of the First Nation.
3.29 The raising of revenue for local purposes, including, but not limited to the issuance of debentures, assessment, taxation, collection and enforcement procedures and appeals relating thereto.
3.30 Provisions for financial arrangements, including the sharing of Federal and Provincial income taxes; the sharing of Federal and Provincial sales tax and other revenues; federal and provincial block funding, equalization and transfer payments; direct and indirect taxation; program administration funds; special purpose grants; profits derived from special ventures, utilities and enterprises; royalties; and fees, fines and other levies.
There art currently discussions between Canada, Ontario and certain Aboriginal governments regarding a pilot project on financial arrangements. This work should be useful for these negotiations.
3.31 Economic development and employment.
3.32 Savings banks and other financial institutions. - 13 -
0.33 Banking, the incorporation of banks, and the issue of paper money.
These are matters thai should remain within the current jurisdictions.
3.34 Bankruptcy and insolvency.
3.35 Licensing and regulations regarding the use or prohibition of, or the sale, barter, supply and manufacture, or possession of intoxicants and controlled substances on the First Nation's traditional lands.
This seems acceptable where minimum standards are maintained. With regard to intoxicants and controlled substances, for example, more rigorous community standards could augment the provincial standards and controls.
3.36 Licensing and regulation of businesses, professions, and trades on the First Nation's traditional lands.
3.37 Building regulations and codes.
3.38 Gaming.
Ontario is prepared to negotiate the licensing of gaming for charitable purposes under the Criminal Code, and is currently negotiating this matter with a number of First Nations in Ontario. Gaming for profit, including casinos and electronic gaming machines, is a matter delegated from the federal government to the province, is not therefore a matter Ontario can delegate further to the First Nations, and is a matter which Ontario is not prepared to seek changes to.
3.39 Barter.
3.40 Administration and management of property belonging to the First Nation, including the First Nation's monies. For greater clarity, arrangements may be made among First Nations for the handling of revenues and other monies.
3.41 Administration of the First Nation's at fairs and internal management.
3.42 Generally, all matters that affect the First Nation.
THE EXERCISE OF FIRST NATION JURISDICTION
4.1 Delegation of Powers
First Nations may delegate the exercise of any of their powers to groupings of First Nations, to the Nishnawbe-Aski Nation, or to institutions established by any of them, and to set terms and conditions governing the delegation. - 14
See comments for 2.9
4.2 Concurrent Effect of Powers
Legislative provisions made by First Nations, by groupings of First Nations, or by the Nishnawbe-Aski Nation shall have concurrent effect, unless there is a conflict between them.
4.3 Local Paramountcy
In the event of conflicting legislative provisions passed by different levels of Nishnawbe- Aski First Nations Governments, a legislative provision made by a First Nation shall prevail over all others. A legislative provision made by a grouping of First Nations shall prevail over one made by the Nishnawbe-Aski Nation.
The Chief Ontario Negotiator has significant concerns with how one would maintain stability for any management structures, guidelines, protocols, etc. that will be required when one reviews the implications of this section. One would also question in the extremes the usefulness of a NAN approach if so much flexibility is to be present at the First Nation level. It may be necessary for the First Nations to voluntarily limit exercising their flexibility in order to maximize the benefits of a NAN- wide or regionally coordinated system.
5 NEGOTIATIONS
5.1 Individual First Nation negotiations for specific implementation of the jurisdictions recognized herein will take place forthwith, upon initiation by the First Nation.
5.1-5.2 These section raises two important and distinct issues: how quickly post-framework negotiations with individual First Nations and groupings of First Nations will take place, and how they wBl they be initiated. It is the Chief Ontario Negotiator's view that authority for both should rest with the First Nations, but coordinated at the NAN level. Once a framework is established, the three parties will have to determine an a cooperative manner the resources that will be available for post' framework negotiations, and establish if possible a multi-year funding commitment, the Chief Ontario Negotiator proposes that it would then be the NAN Chiefs, acting through NAN as the coordinating agency, which would determine the schedule of subsequent First Nation and/or regional negotiations, based on the resources available and the collective priorities of the NAN Chiefs.
5.2 Based on the results of delegations of power by First Nations to groupings of First Nations or to the Nishnawbe-Aski Nation levels, negotiations by groupings of First - 15 -
Nations or at the NAN level for the specific implementation of powers delegated to these levels will take place forthwith, upon initiation by the grouping of First Nations or NAN.
5.3 During the course of negotiations, First Nations may choose to delegate powers being negotiated on an individual First Nation basis to groupings of First Nations or to NAN, or may choose to re-assume powers that have been delegated, if the First Nation determines that it wishes to exercise these powers itself.
See comments on 4.3
5.4 The Nishnawbe-Aski Intergovernmental Forum
Canada, Ontario and the Nishnawbe-Aski Nation agree to establish the Nishnawbe-Aski Intergovernmental Forum (NAIF). The NAIF will, at their request, assist First Nations, groupings of First Nations or NAN in their substantive negotiations to implement the provisions of this framework agreement, and without limiting the options of First Nations, groupings of First Nations or NAN to resolve issues arising during negotiations.
The NAIF is an interesting concept which the Chief Ontario Negotiator would be willing to explore further when their is a better idea of the direction the framework agreements will take. However, depending on the model ultimately arrived at, the NAIF as described could be cumbersome and time consuming. Perhaps the parties should return to this section later in these negotiations.
5.4.1 The NAIF shall regularly report directly to the Canadian and Ontario Parliaments and to the Nishnawbe-Aski Assembly of Chiefs.
5.4.2 The NAIF shall be composed of an equal number of representatives from NAN and Canada and Ontario combined; including the Premier, the Minister Responsible for Native Affairs, other key Ontario and Federal cabinet members from time to time as relevant to a particular issue, and leaders of NAN F r v Nations.
5.4.3 The NAIF shall be available, to conduct, upon request by First Natu.r groupings of First Nations, or NAN, political negotiations to resolve disputes ir\; arise during negotiations.
5.4.4 The NAIF shall determine appropriate technical mechanisms and assistance . required to assist it in the resolution of the disputes.
FUNDING
6.1 Canada and Ontario shall provide adequate funding to First Nations and whe- appropriate to groupings of First Nations and the Nishnawbe-Aski Nation, to cond ^ - 16 -
specific governance negotiations. Disputes about the level of funding or dis^iion^M funding shall be submitted to a mediator to be jointly appointed by the parW tow dispute.
The Chief Ontario Negotiator feels that year to year budgeting is an annoyance to the current process and we would favour a longer-term fiscal arrangement, perhaps 5 to 10 years with a annual report to the Legislature. Whether they are short or long term, budgets would have to be negotiated. The Chief Ontario Negotiator would see NAN as responsible for establishing the structures and mechanisms required at the NAN level for determining internal work plans, priorities and allocations. Ontario approves budgets on a year-to-year basis, but the Ontario Chief Negotiator would be willing to initiate discussions on a long term commitment, subject to yearly allocations from the Legislature.
6.2 Canada and Ontario shall provide adequate funding for the NAIF including the participation of First Nations.
See comments on 5.4
7 GENERAL PROVISIONS
7.1 Constitutional Protection
First Nations powers as recognized by or under this Agreement are recognized and protected under s. 35 of the Canadian Constitution.
Comments on this section must await completion of a legal review.
7.2 Opting out by a First Nation
A First Nation which is part of the Nishnawbe-Aski Nation may opt out of this agreement in accord with the customary procedure of that First Nation.
As stated earlier, the Chief Ontario Segotuuor feels that such a system would be unworkable, and would prefer to see an "opting in" type of arrangement.
7.3 Opting In by a new First Nation
A First Nation which, through a reorganization among the Nishnawbe-Aski, comes into existence, affiliates with, and is recognized by the Nishnawbe-Aski Nation after this agreement has been signed, may opt into this agreement, and thus have the rights which any other First Nation has pursuant to this agreement. - 17 -
Agreed, subject to defining at the community level what will be deemed to be the criteria for First Nation acceptance, which we would expect to be elaborated in this section.
.4 No effects on First Nations not Party to This Agreement
This agreement shall be without prejudice to the rights of First Nations which opt out of it.
It would be assumed by the Chief Ontario Negotiator that First Nations which do not "opt in " to the NAN frameworks would continue to be subject to the current legislative, regulatory and management regime.
.5 Non-derogation from Aboriginal or Treaty Rights
Nothing in this agreement shall derogate from the aboriginal or treaty rights of any First Nation or First Nation Citizen.
Subject to further review. ANNEX N
NAN RESOLUTION 93/70 r^HNAWBE ASKI NATION (807) 623-8228 (807) 623-7730 FAX
P7C 4W6
RESOLUTION 93/70 ° LAND, RESOURCES AND ENVIRONMENT COMMISSION (LREC)
WHEREAS Nishnawbe-Aski Nation and its Allied Treaty First Nations have continuously made it clear that they have a right to manage their lands, water, resources and environment;
WHEREAS developments licensed by Ontario continue to devastate our lands and resources;
WHEREAS a framework is required to develop and establish appropriate land, resources and environment management regimes;
WHEREAS Ontario and Canada are not prepared to discuss significant proposals, our community-based regime for the management of lands, resources and environment must be established as soon as possible to reflect our serious commitment to environmental protection and conservation of our traditional territories;
THEREFORE BE IT RESOLVED that a land, resources and environment commission be established to exercise jurisdictional control over and to manage the land, resources and environment in Treaty #9 and Treaty #5 Nishnawbe-Aski Nation traditional territory as follows:
1. The Commission is to be composed of 11 members, one each .from eight (8) traditional areas, one (1) for Nishnawte-Aski Nation urban residents, one (1) for Canada and one (1) for Ontario as srown m the attached map describing this management structure;
2. In addition to its other duties the C ssion will determine which Ontario and Canadian laws are contradictory ces tions of Nishnawbe-Aski Nation and its Allied Treaty First Nations and /.r,a: needs to be done to reconcile these conflicts;
3. The transfer of governing regimes from Ontario to the Commission will be negotiated with Ontario and where applicable and appropriate with Canada;
4. This Resolution will be in effect upon adoption; RESOLUTION 93/70 (cont) 2.
5. The Commission's composition, function and operation will be presented to the Chiefs-in-Assembly for ratification.
DATED AT SANDY LAKE FIRST NATION TRADITIONAL TERRITORY THIS 16th DAY OF JULY, 1993.
MOVED BY: Andrew Rickard, Proxy New Osnaburgh First Nation
SECONDED BY: Chief Stanley Stephens Constance Lake First Nation
CARRIED.
Grand Chief ANNEX O
NAN RESOLUTION 93/69 hÎHNAWBE-ASKI NATION P.O. Box 755, Stn. F (807) 623-8228 jçrt ^jjam Reserve (807) 623-7730 FAX •R.flB Mission Road C (0 Tnunaer Bay, ON z ' c/) P7C 4W6 Ui o
RESOLUTION 93/69 GOVERNANCE NEGOTIATIONS SECRETARIAT (GNS)
WHEREAS in order for productive negotiations to be achieved under the Memorandum of Understanding (MOU) on Governance, and on Land, Resources and Environment including policing, education, social services, correctional services and other sectorial areas we will require better communications and co-ordination;
WHEREAS a more integrated negotiating system is also required in view of the refusal of both Ontario and Canada to negotiate the significant aspects of jurisdiction set out in the draft framework agreements of Lands, Resources and Environment and Governance;
WHEREAS Nishnawbe-Aski Nation (NAN) and its Allied Treaty First Nations are determined to establish a more functionally productive Memorandum of Understanding (MOU) negotiating process to significantly enhance the results of our negotiating initiatives to promote community-based control of governance and management of our lands and resources;
THEREFORE BE IT RESOLVED that a Governance Negotiations Secretariat be established for the Memorandum of Understanding negotiations, including negotiations on jurisdiction as it relates to land, resources, environment, governance, policing, education, social services, correctional services and other areas while each sectorial area will have its own sub-mandate for its own specialized negotiations;
FURTHER BE IT RESOLVED that this Secretariat would operate under the auspices of the Nishnawbe-Aski Nation (NAN) administration and would be structured as outlines in the attached organization chart;
FURTHER BE IT RESOLVED that the Negotiations Secretariat would be managea cy the Chiefs Negotiating Team (CNT) and would consist of Chiefs of: Shibogama Firs: Nations Council, Windigo First Nations Council, Wabun Tribal Council, Keewaytinoc* Okimakanak, Matawa First Nations, Mushkegowuk Council, Independent First Nations Alliance and Independent Bands; the Nishnawbe-Aski Nation (NAN) Executive would be represented by the Grand Chief, in addition two (2) Elders and the Chief Governance Negotiator would make up the Chiefs' Negotiating Team of twelve (12) people. Eacn area would also appoint a Chief or other designate as alternate representatives; 1 RESOLUTION 93/69 (cont.)
FINALLY BE IT RESOLVED that the Chiefs Negotiating Team is hereby mandated to advance the governance and the land, resources and environment initiatives and other sectorial negotiations with Ontario and Canada and to conduct the negotiations under a basic strategic plan of negotiations as attached without prejudicing other First Nation initiatives. This plan will be detailed further once appropriate mandates have been established by the Chiefs.
DATED AT SANDY LAKE FIRST NATION TRADITIONAL TERRITORY THIS 16th DAY OF JULY, 1993.
MOVED BY: Chief Ernest Beck Moose First Nation
SECONDED BY: Chief Stanley Stephens Constance Lake First Nation
CARRIED.
•ci^ru . Grand Chief/ Dedi Grand Chie ANNEX P
NAN RESOLUTION 93/79 hJ&HNAWBE ASKI NATION
P.O. Box 755, Stn. F' (807) 623-8228 J^ WJtoi Reserve (807) 623-7730 FAX WÊ. rf^P^ission Road Thunder Bay, ON P7C 4W6
RESOLUTION 93/79 ^ A/ nV COMMUNITY-BASED MANDATE AND PROTOCOL
WHEREAS the People of Nishnawbe-Aski Nation (NAN) and its Allied Treaty First Nations of Treaty #9 and parts of Treaty #5 of Northwestern Ontario are committed to the spiritual, cultural, social and economic well being of our people and to safeguard and protect the lands and resources belonging to the custodian care of our people;
WHEREAS our people are also committed to community-based governance and local management of our lands and resources;
WHEREAS the people of Treaty #9 and parts of Treaty #5 of Northwestern Ontario wish to mandate the Leadership of Nishnawbe-Aski Nation and its Allied Treaty First Nations to collectively work together to achieve our socio-economic objectives for a better standard of living;
THEREFORE BE IT RESOLVED that we, the Chiefs-in-Assembly gathered here in Sandy Lake First Nation territory, hereby direct Nishnawbe-Aski Nation and its Allied Treaty First Nations to implement the following mandate and protocol:
1. To assert our inherents of sovereignty in our communities and on our traditional lands as outlined in our Declaration on July, 1977;
2. To reaffirm a commitment of our communities for a common position that ensures the integrity and solidarity of our objective to our sovereignty affirmation;
3. To continue to press for constitutional change that recognizes and establishes our legislative governance authority in our communities and on our traditional lands
4. To affirm that Nishnawbe-Aski sovereignty in our communities and on our lands which will recognize and respect the needs and aspirations of our people and to safeguard the healthy interests of the general Canadian public;
5. To develop terms and conditions that will be democratic which will define and outline how community-based governance systems will work in the Nishnawbe- Aski territory; JsRESOLUTIO N 93/79 (cont.) 2. 6. To demand and hold Ontario and the federal government accountable to the promises that were made to the people in the Treaty #9 and parts of Treaty #5 of Northwestern Ontario;
7. To implement the intent and spirit of the treaties which would reflect our Elders' understanding of the said treaties;
8. To immediately negotiate the establishment of revenue sharing agreements for the exploitation of our Land, Water and Natural Resources with Ontario, and as appropriate, Canada in which the use of the financial resources from such revenue sharing agreements may be used for community and economic developments as decided and priorized by our local governing councils:
9. To set up an Elders Council of at least nine (9) Elders from across the Nishnawbe-Aski territory who shall be empowered to hear discussion and positions on conflicts that may occur on certain matters and make a final ruling on any disputed area affected;
10. To request this mandate to be confirmed by referendum of mandate and by Band Council Resolution of each community of Nishnawbe-Aski Nation and its Allied Treaty First Nations and to be submitted to Nishnawbe-Aski Nation and its Allied Treaty First Nations.
DATED AT SANDY LAKE FIRST NATION TRADITIONAL TERRITORY THIS 16th DAY OF JULY, 1993.
MOVED BY: Chief Edmund Metatawabin Fort Albany First Nation
SECONDED BY: Chief Roy Spence Webequie First Nation