ASSEMBLY OF FIRST NATIONS RESOLUTIONS UPDATE REPORT FOR 2012 AGA RESOLUTIONS

Chief Garrison Settee, 1 Missing and Murdered Indigenous Chief Perry Bellegarde, Pimicikamak Okimawin, Women and Girls, 2012 Cross Lake, MB Little Black Bear First Nation, SK

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Make a personal and public declaration to take full responsibility to be violence free and commit to taking all actions available to them to uphold and ensure the rights of Indigenous women and girls.

2. Affirm: a. that further to Resolution 61/2010, the AFN call upon Canada to jointly establish an independent, public commission into missing and murdered Indigenous women in Canada. b. that further to Resolution 02/2011, the AFN call upon Canada to convene a Royal Commission on Violence against Indigenous Girls and Women to make concrete and specific recommendations to end violence against Indigenous girls and women at a national level. c. the direction for the AFN to demand that the Government of Canada support community based- initiatives and national programs that seek to promote public awareness and carry out advocacy and research about violence against Indigenous women; restore funding to the Native Women’s Association of Canada (NWAC) for maintenance of a national database on missing and murdered Indigenous women; and, ensure proper facilities and services are available within communities for those whom are victims or have lost their loved ones through acts of violence. d. the direction to the AFN and the National Chief to strongly advocate for the full protection and safety of First Nations women across Canada. 3. Direct the National Chief and the AFN to engage in and to support the Committee on the Elimination of Discrimination against Women (CEDAW) inquiry procedure regarding disappearances and murders of Aboriginal women and girls in Canada initiated under Article 8 of the Optional Protocol of the Convention on the Elimination of All Forms of Discrimination against Women, and to urge the Committee to visit Canada and to call on the Government of Canada to fully cooperate with all stages of the CEDAW inquiry procedure regarding disappearances and murders of Aboriginal women and girls in Canada. 4. Designate October 4 as an annual National Day of Remembrance on which all First Nation governments and communities will join in Sisters in Spirit Candlelight Vigils and commemorations of missing and murdered Indigenous women and girls and participate in actions in support of the families of missing and murdered Indigenous women and girls. 5. Direct the AFN to convene a National Forum and Special Chiefs Assembly on Justice and Community Safety in 2012-13 in collaboration with NWAC, to include focus on murdered and missing Indigenous women and girls, and broader actions to end violence. 6. Call for a National Day of Action on missing and murdered Indigenous Women and Girls to take place on October 18, 2012 inclusive of national and regional activities. 7. Direct the AFN to call on the Royal Canadian Mounted Police (RCMP) to establish a National Integrated RCMP and Police Task Force on Missing and Murdered Indigenous Women and Girls, in order to coordinate the several specific initiatives being carried out between the RCMP, other police services, First Nations and government officials, including those in Vancouver, the “Highway of Tears” in northern British Columbia, Edmonton, Winnipeg and Whitehorse. UPDATE: AFN has undertaken coordinated efforts to raise awareness and encourage action on violence against Indigenous peoples and the overly high incidences of missing and murdered Indigenous women and girls. At the 2012 Annual General Assembly (AGA), AFN presented: Demanding Justice and Fulfilling Rights: A Strategy to End Violence against Indigenous Women and Girls. The Strategy contains a number of priority activities in awareness raising, parliamentary and international engagement, policy and research and facilitating dialogue to support communities in their efforts to increase safety and end violence. Work to implement the strategy continues. Chiefs and delegates at the AGA signed a banner and made a person pledge to “live violence free and to personally work to achieve safety and security for all Indigenous peoples – women and men, girls and boys”. This pledge is also available online and AFN has actively encouraged all Indigenous citizens and Canadians to sign-on as part of the “i pledge. end violence.” campaign to mark the National Day of Remembrance for Missing and Murdered Indigenous Women (October 4, 2012) and the first National Day of Action on Missing and Murdered Indigenous Women (October 18, 2012). AFN National Chief and AFN Executive attended the Sisters in Spirit rally and candlelight vigil on October 4 in memory of murdered and missing Indigenous women. National Chief Atleo also attended a regional memorial/rally in Edmonton, Alberta on October 6, 2012. On October 18, 2012, AFN and the Native Women’s Association of Canada (NWAC) held a webcast on actions to end violence, which highlighted the need for a National Public Commission of Inquiry. An archive of this webcast can be found on www.afn.ca. With the support of CUPE National, AFN launched a postcard campaign calling for a National Public Commission of Inquiry and National Chief Atleo and Native Women’s Association of Canada (NWAC) President Michèle Audette have written the Prime Minister to take action on this matter. On November 1 – 2, 2012, Manitoba convened the 3rd National Aboriginal Women’s Summit (NAWS III) in Winnipeg, which had special focus on murdered and missing women. Representatives from the AFN National Women’s Council and regional organizations participated in this meeting, however there was very limited opportunity for their engagement. Provinces committed to raise the matter of a national inquiry with their respective premiers and to revisit this at the next meeting of the Council of the Federation Aboriginal Affairs Working Group in April 2013. To respond to closed nature of the NAWS III, the Assembly of Manitoba Chiefs, Southern Chiefs Organization and Manitoba Keewatinowi Okimakinak hosted a NAWS III shadow event called Sounding our Voices. National Chief Atleo and AFN officials fully participated in the shadow event, supporting Manitoba leadership and communities. In April 2013, the AFN co-hosted the National Forum on Community Safety and Ending Violence with the Native Women’s Association of Canada (NWAC) The intent of the Forum was to seek input into the development of National Action Plan to end violence containing concrete and tangible actions for all levels of government and building on successful and innovative initiatives. Key areas of discussion included addressing structural violence and systemic racism; building strong and healthy communities; cultural connections and resiliency; strengthening partnership and awareness; intergovernmental relationships, coordination and accountability. In addition, the Forum featured a number of speakers and participants engaged directly in action planning, providing written recommendations in small groups and on their own. The National Action Plan to End Violence Against Indigenous Women and Girls is being developed incorporating input from the Forum along with direction from Chiefs and previous recommendations. The Plan will be presented at the 2013 AGA. In addition, AFN is being funded by the Department of Justice to provide support to the families of those who are missing or murdered. In December of 2011, the AFN and RCMP signed a work plan on missing and murdered Aboriginal persons. The objective of this work plan was to establish trusting and reciprocal relationships among the parties with the goal of jointly addressing the issue of missing and murdered Aboriginal persons. This includes resolution of historical cases and related issues, prevention of new incidences, and communication with victims, families and the community at the earliest possible opportunity. Implementation of the work plan will be evaluated shortly and an assessment made on how best to further this work. AFN provided a submission to the UN Commission on the Status of Women and the chair of the National Women’s Council attended the 57th session in March 2013, which focused on Elimination and prevention of all forms of violence against women and girls. AFN also was part of a Joint Statement to the United Nations Permanent Forum on Indigenous Issues on the Study on the extent of violence against indigenous women and girls in terms of Article 22 (2) of the UN Declaration on the Rights of Indigenous Peoples, signed on to by 11 other Indigenous and Human Rights organizations, calling for a comprehensive Plan of Action to address violence.

2 Fully Supporting the Role of the AFN Noel Joe, Proxy, Lennard Joe, Proxy, Tri-Council Miawpukek First Nation, Shackan First Nation, NF BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Affirm their ongoing and strong support for the AFN Tri-Council. 2. Direct the AFN Secretariat to ensure ongoing meaningful involvement of the Tri-Council in development of policies and priorities and in National Gatherings. 3. Direct the AFN Secretariat to examine its operating and planning practices, including budget allocations, to ensure these fully incorporate involvement from the councils.

UPDATE: Steps have been taken to ensure the AFN Tri-Council (National Women’s Council, Elders Council and Youth Council) are supported through improved communication and central coordination. The Tri-Council was actively involved in the Chiefs Assembly on Education; participated in the joint AFN-NWAC National Forum on Community Safety and Ending Violence and the Women’s Council was invited to make up AFN’s delegation to the 3rd National Aboriginal Women’s Summit.

The A/Chief Executive Officer has monthly calls with tri-council representatives to keep them apprised of work underway within the AFN and ensure they can have meaningful input. In addition there is work underway with in the Secretariat host Tri-Council specific fundraisers to support their work.

3 Support for Blood Tribe Class Action Chief Charles Chief Norma Johnstone, Weaselhead, Blood Mistawasis First Nation, Tribe, AB SK

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to fully support the Blood Tribe to file a class action against David Blott Professional Corporation, Blott & Co., David Blott, Honor Walk Ltd., Funds Now Inc., Residential School Healing Society of Canada, David Hamm, Thom Dennome, Bridgepoint Financial Services Inc., and Settlement Lenders of Canada Inc. 2. Direct the AFN to provide a list of lawyers to the Blood Tribe that have experience with class actions. 3. Direct the AFN to support the Blood Tribe in their request for reasonable legal costs and disbursements in efforts to protect the interests of IAP claimants. 4. Direct the AFN to support former Blott & Co claimants who wish to re-open their claims who have received settlements or claims that were rejected due to inadequate preparation, denial of interpreters and lack of follow up, as their claims may have been compromised and claimants require a fair hearing based on accurate information. 5. Direct the AFN to urge Health Canada to fully support the need for adequate health supports as the claimants impacted through this investigation are experiencing extreme frustration and that the risk of further damage be considered central in following up to this important issue.

UPDATE: The AFN continues to stand in full support of claimants impacted by Blott & Co. A list of lawyers with class action experience was provided to the Blood Tribe to advance legal action to protect the interests of IAP claimants impacted by Blott & Co. AFN facilitated a briefing with Vice Chief Lerat of the Federation of Saskatchewan Indian Nations as there are many claimants from Saskatchewan. The Blood Tribe will commence their class action on behalf of all Blott and Co. claimants.

4 Sustainability and Integration of First Chief Perry Bellegarde, Chief Marianna Nations Health Little Black Bear First Couchie, Nippissing Nation, SK First Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Reaffirm Resolution 04-2011 and mandate the National Chief to make First Nations health a priority at all levels, and for all stakeholders. 2. Mandate the AFN to advocate and ensure the Government of Canada respects and meets it obligations to First Nations with regard to health and the 2004 Health Accord and its renewal in 2014; and further include a parallel commitment for a First Nations Health Transfer. 3. Mandate the AFN to explore overarching health issues, including examining the Indian health envelope, addressing address transfers and sustainability, an Indian health policy review and, legislative options. 4. Direct the AFN to assist in addressing jurisdictional gaps and inequities through engaging tripartite stakeholders (federal, provincial, territorial and First Nation governments) for a collaborative First Nations-controlled health care system, as referenced by the BC process, including concepts of sustainability and integration at the center. 5. Direct the AFN to continue advocating for and implementing the AFN Chiefs Leadership Action Plan on Health after the confirmation of support provided at the 2011 AFN Health Forum.

UPDATE: The AFN continues to call for the development of sustainable, integrated First Nations controlled health systems. In support of this advocacy work, a review and analysis of the legislative landscape related to health funding including a joint review of the NIHB program and a review of the 1979 Indian Health Policy is underway. The AFN is also working with Health Canada to ensure that they are implementing their Strategic Action Plan which outlines that Health Canada is to work with First Nations to develop and implement health services and programs.

AFN officials have met with numerous senior Health Canada staff seeking clarity and movement on a number of priority issues. The AFN has pushed for a joint review on funding integrity, particularly for NIHB with both Senior Assistant Deputy Minister Michel Roy, and Minister Aglukkaq’s Directory of Policy. The AFN sent correspondence to Minister Aglukkaq on several health issues. The responses received to date from the Minister have not addressed the concerns that the AFN outlined and advocacy for action will continue.

5 Unacceptable Funding Cuts to First Chief Maureen Chief Albert Gerow, Nation Organizations Chapman, Skawahlook Burns Lake First Nation, First Nation, BC BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the Chiefs of the Mi’kmaq Maliseet Atlantic Health Board (MMAHB) in demanding that funding cuts to theirs and any other First Nation organizations be stopped immediately and that First Nations health funding be exempt from any further funding cuts. This includes funding to Tribal Councils and provincial and territorial organizations (PTOs) that provide invaluable services to their member communities. 2. Direct the AFN to advocate on behalf of First Nation Tribal Organizations and PTOs who provide valuable services to the communities they represent. 3. Direct the AFN to investigate why the funding cuts were not communicated in a transparent manner by the federal government. 4. Direct the AFN to work with Tribal Organizations and PTOs on educating the federal government about the importance of the work done by these organizations and understanding the impact these cuts will have on our First Nations communities. 5. Direct the AFN to challenge how the federal government can justify violating their own Indian Health Policy 1979 and their recent commitment to work with First Nations at the January 2012 Crown Gathering.

UPDATE: The AFN continues to advocate for adequate and predictable funding for First Nations, Tribal Organizations and PTOs. The AFN is pushing the First Nations and Inuit Health Branch of Health Canada to re-evaluate its funding model and augment funds to, at minimum, parity with mainstream health systems. The AFN continues to advocate for ongoing and increased funding of existing program funding and renewal of funding for Upstream Investment programs that is up for renewal in 2015. AFN has also iniated coordination among organizations dealing with cuts through our bi-weekly PTO calls as well as calls among Executive Directors to establish coordinated information sharing and response

6 Renewal of eHealth, Accreditation and Chief R. Don Maracle, Chief Maureen Nursing Innovation Programs Mohawks of the Bay of Chapman, Skawahlook Quinte, ON First Nation, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Reaffirm Resolution 04/2012 in mandating the National Chief to make First Nations health a priority. 2. Direct the AFN to advocate for participation in developing the business case for the renewal of First Nation and Inuit Health Branch’s (FNIHB) eHealth Infostructure program including Panorama, the First Nations and Inuit Health Services Accreditation Program and the Nursing Innovation funding. 3. Mandate the National Chief to call for the renewal of FNIHB’s eHealth Infostructure Program including Panorama, the First Nations and Inuit Health Services Accreditation Program and the Nursing Innovation funding. UPDATE: The AFN has contributed to FNIHB’s business case for the renewal of the eHealth Infostructure program including Panorama, the First Nations and Inuit Health Services Accreditation Program and the Nursing Innovation funding through: participation on the Evaluation Project Executive Team; facilitating information- sharing between those building the business case and First Nations eHealth technicians and experts through the National eHealth Advisory Committee (NeHAC); as well as reviewing and providing input on numerous aspects of the business case development.

The AFN advocated for renewal in a presentation to the House of Standing Committee on Health (HESA).

In addition, on October 17, 2012 the National Chief sent a letter to Health Minister Aglukkaq informing her of this direction form Chiefs-in-Assembly and encouraging the renewal of these essential programs.

7 Support for Atlantic Region First Chief George Ginnish, Chief Joanna Bernard, Nations' Struggle Against Cuts to Social Eel Ground First Nation, Madawaska First Welfare NB Nation, NB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to challenge the Government of Canada's proposed cuts to social welfare rates for Atlantic Canadian First Nations and in other regions where social welfare cuts are negatively impacting First Nations. 2. Further call upon the AFN to urge the Government of Canada to engage in meaningful, good-faith consultation with First Nations governments in the Atlantic Region to design programs aimed at alleviating poverty based upon the real and unique needs of First Nations people and communities.

UPDATE: The AFN continues to monitor the situation and provide support when and where requested.

8 Federal Government of Canada Failing Chief Nelson Genaille, Chief Marcel Head, to provide Mental Health Services Sapotaweyak Cree Shoal Lake First Nation, Nation, MB SK

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations to continue a proactive process to engage the federal government in resolving the lack of Mental Health Services for all First Nations across Canada. 2. Direct the Assembly of First Nations to begin discussions with all First Nations to address community- based issues about Mental Health and addressing Mental Health issues in First Nation communities. 3. Direct the Assembly of First Nations to advocate that Canada provide adequate and sustainable Mental Health funding to First Nations. UPDATE: AFN has begun work with key partners to design a process to describe a coordinated continuum of mental wellness, specifically with respect to Health Canada’s (HC) mental health and addictions programming for First Nations. Taking into account the social determinants of health and guided by an external advisory committee, the work will include regional and federal engagement processes to draw upon the expertise and knowledge of communities, as well as relevant partners and stakeholders. This engagement will build from the work already completed in the area of mental wellness, with regards to information gathering and act as a “next step” in the process with the development of a mental wellness continuum framework, similar to that of the National Native Alcohol and Drug Abuse Program (NNADAP) Renewal Framework.

To date, the Advisory Committee (AC) has had three face-to-face meetings and four teleconferences. The AC has provided guidance on newly drafted regional discussions guidelines, as well as next steps throughout the planning process. Regional discussion sessions began in November 2012 and will be wrapped up by June 2013. A National Gathering to discuss the regional sessions and develop key themes and forward planning is set for June 2013. Following that meeting, a summary document will be created. In September 2013, the partners hope to host a federal discussion session with key federal departments. The summary document will play a guiding role and will move the discussion forward. A final Framework is expected in December 2013/January 2014.

9 Support for the Tsilhqot’in Nation in Chief Joe Alphonse, Chief Marilyn Baptiste, Asserting Title Tl’etinqox-t’in, BC Xeni Gwet’in First Nation, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Fully support the efforts of the Tsilhqot’in Nation to protect their rights and title from infringement or adverse effects as a result of the BC Court of Appeal’s interpretation of Aboriginal title. 2. Call upon the Assembly of First Nations and the National Chief to support the Tsilhqot’in by educating the public, politicians and courts, including the Supreme Court of Canada, that the full recognition of Aboriginal title is the only path to lasting reconciliation. 3. Declare that the British Columbia Court of Appeal’s limited definition of Aboriginal title is a huge and potentially disastrous step backwards for Crown-Aboriginal relations that will never be accepted in any way by First Nations across Canada and will only heighten conflict and uncertainty. 4. Direct the National Chief and the Assembly of First Nations to advocate on behalf of the Tsilhqot’in Nation and to communicate the clear support of the Chiefs-in-Assembly to the Government of Canada.

UPDATE: The AFN and the National Chief have continued efforts to educate the public and parliamentarians on the importance of the full recognition of Aboriginal title and implementation of Treaties, through presentations to House of Commons and Senate Committees, briefings with Members of Parliament and high profile public speaking engagements. This advocacy will be ongoing.

The AFN has retained Legal Counsel to apply for leave to intervene in the William case now before the Supreme Court of Canada. The AFN has assisted in coordination and participated in a number of conference calls with Counsel for the Tsilhoqt’in and other potential intervenes to determine how best to support their appeal.

National Chief met with Tsilhqot’in leadership in March and a joint statement was issued expressing support and advancing advocacy and engagement of others in this legal challenge. Next steps include a presentation at AGA followed with continued advocacy efforts prior to the anticipated SCC hearing possible November 2013.

10 Support for the Tsilhqot’in Nation in Chief Joe Alphonse, Chief Marilyn Baptiste, Opposing the New Prosperity Mine Tl’etinqox-t’in, BC Xeni Gwet’in First Nation, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Continue to fully support the efforts of the Tsilhqot’in Nation to protect their lands, waters, and rights from the proposed New Prosperity Gold-Copper Mine. 2. Call upon the Government of Canada to interpret the new Canadian Environmental Assessment Act and the amendments within Bill C-38 in such a way as to promote the continued protection of lands, waters and First Nations rights and title to the fullest extent. 3. Call upon the Government of Canada to maintain its honor and integrity by rejecting the New Prosperity Project with prejudice and recognize the project as an example of irresponsible development. UPDATE: The AFN continues to monitor the situation and stands ready to support the Tsihlqot’in Nations upon request. The AFN has continued to demand the government of Canada engage with First Nations in a First Nations-driven process on implementation of CEAA 2012 in a way which respects First Nation rights and interests. Work is underway with First Nations, Treaty and regional organizations on a legal strategy with respect to Bill C-38. National Chief continues to advocate for TNG on this matter through press releases and other speaking enaggements

11 Support for Mentorship for Young First Chief Maureen Ovide Mercredi, Proxy, Nations Women Chapman, Skawahlook Acho Dene Koe First First Nation, BC Nation, NT

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the development of a collaborative initiative to promote and mentor young First Nations women, thereby assisting and preparing them to assume positions of leadership. 2. Direct the AFN and AFN Women’s Council to support research partnerships to further understand how engagement of young Indigenous women in mentoring initiatives may positively impact their overall self-perception of health and well-being.

UPDATE: The AFN Women’s Council has had an exploratory discussion at a meeting preceding the December 2012 Special Chiefs Assembly, to identify potential partners to conduct the necessary research to develop an initiative to promote and mentor young First Nations women and understand the impact of mentorship in young indigenous women’s self-perception of health and wellbeing.

12 Support for an expansion of the Chief Roy Michano, Chief Joe Buckell, mandate of ecoEnergy and other federal Ojibways of the Pic River Michipicoten First energy-related funding mechanisms to First Nation, ON Nation, ON include transmission

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to encourage ecoEnergy and other federal, provincial, and municipal funding agencies to expand their funding mandate to include funding for transmission projects. 2. Mandate the AFN to encourage relevant agencies to support First Nation commercial participation in energy transmission projects, such as the East-West Tie project.

UPDATE: The AFN has raised the issue with expanding ecoEnergy mandate in meetings with Parliamentarians during advocacy with Climate Action Network and will continue to encourage funding agencies to support funding for transmission projects.

13 Support for Recognizing Archaeology Chief Gayle Strikes With Chief Fred Rabbit Day A Gun, Piikani First Carrier, Siksika First Nation, Treaty 7, AB Nation, Treaty 7, AB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Recognize August 9 as Archaeology Day to be observed annually in an effort to raise awareness about the heritage of First Nation peoples and cultures present in the archaeological record and in archaeological sites across Canada.

UPDATE: Initial consideration has taken place on how to best achieve the outcomes of this resolution. A communications and action plan broadly to address the treatment of First Nations in museums and historical sites and archaeological sites is being developed and will be communicated to the Minister of Canadian Heritage in summer 2013 to support increased awareness and profile.

14 Support for Cowichan Tribes – Chief Maureen Chief Jonathan Kruger, Restorative Budget and Nominal Roll Chapman, Skawahlook Penticton Indian Band, Initiative First Nation, BC BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Join the Cowichan Tribes in their support for School District #79 Restorative Budget. 2. Support Cowichan Tribes and British Columbia First Nations generally in pursuing federal funding for the purpose of tuition for children-in-care living off reserve.

UPDATE: Each AANDC regional office education department has, until recently, had a different approach to defining “ordinarily resident on reserve” when a First Nations child is placed in care off-reserve. The recently released 2012-13 Elementary-Secondary National Program Guidelines now state that “In the case of a child in the care of a Family and Child Services Agency, the residency of the child is determined by the residency of the family with whom the child is placed.”

AFN has established contact with Cowichan Tribes to determine how best to provide continued support on this issue, and will provide correspondence to support Cowichan Tribes in their dealing with the School District #79 Restorative Budget.

15 Support for exploring a proposed Chief Dennis Cameron, Chief Eli Mandamin, Canadian Aboriginal Human Resource Tootinaowaziibeeng First Shoal Lake First Nation, Management Association (CAHRMA) Nation, MB MB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support and promote First Nation-led initiatives that will strengthen and unite First Nation governance, and efforts to enable leaders and Human Resource Practitioners to enhance and empower their communities with the knowledge that will assist in the enhancement of their business acumen and value-added services to their organizations and communities. 2. Recommend that the Canadian Aboriginal Human Resource Management Association (CAHRMA) provide a business plan and background information to First Nation leaders, communities and regional technical support. 3. Recommend that CAHRMA representatives meet with the First Nation Technical Working Group on Human Resources Development and the respective First Nation networks to discuss this initiative and report to the Chiefs-in-Assembly on recommended services and next steps.

UPDATE: The Canadian Aboriginal Human Resource Management Association (CAHRMA) held its first conference November 21-23 in Winnipeg, MB. The AFN anticipates there will be further direction on the future of CAHRMA as a result of the conference, and is awaiting a progress update from the organizers on presenting a business plan and background information to First Nation leaders. Once information is available on CAHRMA’s proposed work, the First Nation Technical Working Group on Human Resources Development will be briefed and will develop recommended next steps. CAHRMA is to be invited to present its work to the technical working group, as required.

16 Call for Support to Increase Wellness Chief William Montour, Ovide Mercredi, Proxy, through Sport & Physical Activity Six Nations of the Grand Acho Dene Koe First River, ON Nation, NT

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to seek resources to support the planning and delivery of a National Indigenous Sport, Physical Activity, Wellness and Recreation Forum to review the recommendations in the IndigenACTION Roundtable Report and explore the development of a strategic plan through the establishment of a Partners Council. 2. Direct the AFN to support the efforts to restructure the Aboriginal Sport Circle to build its organizational capacity and for the Aboriginal Sport Circle to provide a plan to Chiefs-in-Assembly at the December 2012 Special Chiefs Assembly. 3. Direct the AFN to seek resources to support the formalization of an ambassador / commissioner of Indigenous Sport, Physical Activity, Wellness and Recreation whom will be an advocate, facilitator and ensures accountability back to chiefs in assembly. 4. Direct the National Chief to urge the federal government to keep First Nations sport, physical activity, recreation, and wellness a key priority in federal, provincial/territorial policy and political priorities including funding for national, provincial and community based programs. UPDATE: The AFN participated in the first annual National Aboriginal Physical Activity Conference in February 2013 to review the recommendations of the IndigenACTION Roundtable Report.

The AFN continues to support the restructuring efforts of the Aboriginal Sport Circle and awaits a plan from them in regards to their organizational capacity and plan moving forward. The AFN continues to explore the option of resources to support the formalization of an ambassador/commissioner of Indigenous Sport, Physical Activity, Wellness and Recreation. The AFN continues advocacy for the federal government to keep First Nation sport, physical activity, recreation and wellness a key priority including the promotion of physical activity through the Just Move it initiative and chronic disease issues.

17 Chiefs Task Force on Child and Family Chief Maureen Kukpi7 Wayne Christian, Services Chapman, Skawahlook Splatsin First Nation, BC First Nation, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Re-affirm that First Nations leadership does not require any guiding federal or provincial policy to move forward on the basis of our Constitutional and internationally protected inherent rights and responsibilities over all First Nations, regardless of residency or “Indian Act status”. 2. Support the re-establishment of the Chiefs Task Force on First Nations Child and Family Services (AFN Resolutions 23/2004 and 17/2009), with the aim of coordinating and implementing a national strategy on issues relating to all First Nations child and family wellness, regardless of status or residency, including but not limited to: a. Asserting that any changes to child wellness policies and programming must be done in full consultation with First Nations, to ensure that policies are responsive to the needs of families living on-reserve and accommodate the unique circumstances in each First Nation, and must contain adequate resources to ensure that First Nations have capacity to enable full participation at the policy and implementation levels and to carry out the needed work; b. Assessing the actual disparity of funding formulas and services provided across every region in Canada. c. Calling upon the Government to immediately commit to additional funding to support CFS in First Nations communities and to disperse prevention enhancement funding equitably to all First Nations communities d. Making recommendations, in a fiscal arrangement with the Government of Canada, on the outstanding issues of the First Nations Child, Youth and Family legislation to build healthy Nations and preserve First Nations families; e. Calling upon AANDC, in consultation with First Nations, to ensure that its funding formula for First Nations agencies reflects the full range of child wellness provisions, taking into account varying populations, remoteness, cost of living and needs of First Nations communities; f. Calling upon AANDC to engage in fair and transparent negotiations to prevent the inclusion of counter-productive elements in funding for First Nations CFS. g. Bearing witness and providing political advocacy and communications support to the Assembly of First Nations, First Nations Caring Society of Canada, Chiefs of Ontario, and Amnesty International in the Canadian Human Rights Tribunal. h. To include cross-border child welfare matters. 3. Direct the AFN Executive to identify their regional representatives and seek and resources for the Chiefs Task Force to meet.

UPDATE: The terms of reference for the pre-existing Chiefs Task Force are being reviewed and regional representation for this and the former First Nations National Advisory Committee is being finalized. Once task force and committee members are confirmed, funding will be sought.

Discussions with AANDC are ongoing regarding the success and challenges of the roll-out of Enhanced Prevention Focused Approach (EPFA) for the First Nations Child and Family Services (FNCFS) Program. Currently EPFA has been rolled-out in Alberta, Saskatchewan, Nova Scotia, Manitoba, Quebec and PEI.

The AFN and the First Nations Child and Family Caring Society (FNCFCS) filed a human rights complaint on February 5, 2007, arguing that the Federal Government is discriminating against First Nations children by failing to provide equitable and culturally based services on-reserve. Continued involvement in the Human Rights Complaint remains a priority for the AFN. The case is currently before the Canadian Human Rights Tribunal. Recently, it was divulged that the Government of Canada withheld tens of thousands of documents that it was obligated to disclose to the lawyers representing the AFN and the FNCFCS under the human-rights commission rules. The Government of Canada attempted to use this failure to disclose documentation as a delay tactic and requested that the proceedings be put on hold while they gather the more than 50,000 documents. The case is currently adjourned until July 15, 2013. Discussions are underway on how to proceed given these recent revelations and the AFN will continue to provide updates to the regions on the case as events continue to unfold.

18 Support for reconciliation and the Chief Greg Peters, Chief Aaron Sock, continuation of healing programs under Delaware Nation Elsipogtog First Nation, the Aboriginal Healing Foundation (Moravian of the NB Thames), ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call upon the National Chief and the Executive to address this matter directly with the Prime Minister as a substantive measure of reconciliation. 2. Direct the AFN to demand that funding to the Aboriginal Healing Foundation (AHF) be continued until the needs related to the rebuilding of our families and communities have been met. 3. Direct the National Chief to provide political action in aiding the Healing Centre Task Force to develop and implement a strategy to secure additional funding through the Churches to achieve sustainable funding for essential healing services for our communities.

UPDATE: An AFN representative met with the Treatment Center Healing Task Force in October 2012 to discuss strategies to achieve sustainable funding for essential healing services in the various regions. The AFN has requested an update from the AHF regarding outstanding payments from the Catholic Entities as per the Indian Residential School Settlement Agreement that may be a potential source of ongoing funding for the healing centers. The AFN coordinated a meeting with IRS Adjudication Secretariat to discuss potential services that could be provided by the Healing Centers to Independent Assessment Process claimants. A letter in full support will be provided by the National Chief to the Healing Center Task Force in their efforts to continue much needed services.

19 Development of a National First Nation Chief William Montour, Chief Madeleine Paul, Housing Strategy Six Nations of the Grand Eagle Village First River Territory, ON Nation, QC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Commit to focused dialogue and priority setting through regional assemblies to contribute to the development of a National First Nation Strategy on Housing. 2. Direct AFN to facilitate the development of this strategy and provide technical support for regional dialogue where requested. 3. Direct the AFN to urge the federal government to invest directly into a new approach that supports First Nation control, management and administration over all matters of First Nation Housing. 4. Direct that regional perspectives and priorities be incorporated into a draft National First Nation Housing Strategy, for further deliberation and endorsement at the 2012 Special Chiefs Assembly.

UPDATE: The National First Nations Housing Strategy is being refined with input from the Chiefs Committee on Housing and Infrastructure (CCoHI) and Regional Housing Technicians Working Group for comment. The rights-based strategy focuses on increasing the amount of housing units available for First Nations citizens, while addressing the continuum of need; returning to our culture and traditions, using local materials, limiting energy consumption and building in an environmentally friendly way to the highest of standards; providing capacity development, knowledge transfer and resource management for First Nations, to ensure well informed decisions are made with respect to housing; accessing and understanding all available options of financing, whether existing or through innovative models; while promoting a higher quality of life for our people, through healthy, safe and sound practices. It also contains recommendations to support ongoing work such as the AFN-Atikameksheng Anishnawbek-Holmes Foundation pilot project, fostering partnerships with organizations such as Habitat for Humanity, and to investigate new approaches for First Nation management and administration of housing. The CCoHI will seek ratification of the strategy at the July 2013 AGA in Whitehorse.

20 National First Nations Water Strategy Chief Byron Louis, Chief Joe Noganosh, Okanagan First Nation, Magnetawan First BC Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to further development of a National First Nations Water Strategy. 2. Direct the AFN to facilitate dialogue and seek input from First Nations and technical working groups to develop the comprehensive First Nations Water Strategy. 3. Direct the AFN to report to the Chiefs in Assembly at the December 2012 Special Chiefs Assembly on a National First Nations Water Strategy for ratification and direction on implementation. 4. Call upon the AFN to engage with all levels of government to ensure that First Nations engagement, accommodation and consultation processes are accountable, respectful and appropriate prior to the implementation of any legislation, policies, and regulations that may impact Aboriginal and treaty rights, First Nations governance authorities or stewardship of watersheds in or near their traditional territories. 5. Insist that all work on this most sacred of issues consider and employ all necessary protocols and ceremonies pertaining to water as it relates to First Nations across Turtle Island.

UPDATE: A draft National First Nations Water Strategy has been developed and provided to the Chiefs Committee on Housing and Infrastructure (CCHI) and the AFN First Nation Water Technical Advisory Group (FNTWAG) technicians for review and feedback. The strategy contains recommendations to support ongoing work and communications in three main areas: Water Rights, Watershed Management, and Water Management. The CCHI and the Fisheries Committee will seek endorsement of the strategy and to continue work on refining the strategy in collaboration with regional organizations.

21 Opposition to Derogation Clause in Bill Grand Chief Mike Chief Ko’waintco Michel, S-8: Safe Drinking Water for First Kanentakeron Mitchell, Nooaitch Indian Band, Nations Act Mohawks of Akwesasne, BC ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Vehemently oppose the inclusion of Section 3 of Bill S-8, Safe Drinking Water for First Nations Act, as this permits the abrogation and derogation from constitutionally protected Aboriginal and treaty rights. 2. Insist that a non-derogation clause be included in Bill S-8. 3. Direct the National Chief to appear before the House of Commons Standing Committee on Aboriginal Peoples to deliver our opposition to Section 3 of Bill S-8 and insist that it be replaced with the following clause: “For greater certainty, nothing in this Act or the regulations is to be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.”

UPDATE: The AFN provided a further written submission to the House of Commons Standing Committee on Aboriginal Peoples and Northern Development, which included opposition to Section 3 of Bill S-8 and provided appropriate replacement language. While this was moved as an amendment from opposition MPs, it was not accepted and Bill S-8 received Royal Assent on June 19, 2013 with this clause unchanged. Numerous legal scholars and law societies have publicly stated that this clause makes the law subject to legal challenge due to its inconsistency with section 35 of the Constitution Act, 1982.

22 Support for a study of the impact of Chief Byron Louis, Chief Isadore Day, resource development on First Nation Okanagan Indian Band, Serpent River First community well-being and customary BC Nation, ON and contemporary economies

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call for a study on the impacts of resource development on First Nation community well-being and the impacts on our traditional, customary and contemporary economies. 2. Mandate the Assembly of First Nations to seek funding to support the research and data collection needed to document the impacts of resource development. 3. Direct the AFN to conduct case studies across the country to gather an accurate profile of the specific regional and local impacts that can be observed. 4. Call on the AFN to advocate for support of this study by relevant federal departments, including Environment Canada, Natural Resources Canada, Health Canada, and other federal departments, and/or provincial/territorial departments, as may be identified. 5. Direct the AFN to report back to the Chiefs-in-Assembly on the progress of this initiative in July 2013.

UPDATE: The AFN has suggested including sector data as part of the First Nation Information Governance Centre’s surveys to get a better picture of economic matters in First Nations. The AFN is participating in a project that brings together volunteer communities, academics, and researchers to facilitate community development planning that impacts First Nation health and economies. To examine a potential option, the AFN has shared the resolution with the research project lead and will discuss whether there is an opportunity to include these elements within the community-led research efforts.

AFN has also shared the resolution with the Council for the Advancement of Native Development Officers to seek assistance and explore other options for follow up.

23 Support for Ring of Fire Moratorium Chris Moonias, Proxy, Bobby Narcisse, Proxy, Neskantaga First Nation, Aroland First Nation, ON ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the free, prior and informed consent (FPIC) position taken by the Matawa First Nations on the moratorium and the eviction of mining companies in the area known as the Ring of Fire. 2. Demand that Canada, Ontario and industry engage the Matawa First Nations in a process that is grounded on the rights to provide FPIC prior to any further development in the area known as the Ring of Fire. 3. Direct the AFN Executive Committee to support the Matawa First Nations where requested and to provide a report at the next AFN Annual General Assembly to determine if other support and / or action is needed.

UPDATE: Ontario Regional Chief Stan Beardy has been leading liaison with the community. AFN will provide support as requested.

24 Consultation and Engagement on Chief Byron Louis, Chief Isadore Day, Amendments to the Fisheries Act Okanagan First Nation, Serpent River First BC Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the National Chief to call upon the Minister of Fisheries and Oceans and the Minister of Finance to allocate new funding sources for the purpose of engaging, consulting and accommodating First Nations affected by new policies and regulations. 2. Direct the National Chief to emphasize to the Minister of Fisheries and Oceans and the Minister of Finance that funding for engagement, consultation and accommodation must not come from existing Aboriginal fisheries programs since these programs provide seed funding for important economic activities. 3. Direct the AFN to work directly with the Department of Fisheries and Oceans to ensure that engagement and consultation processes are robust, thorough, accountable, respectful and appropriate prior to the implementation of these processes. 4. Direct the AFN to notify the Crown that it has failed to fulfill its fiduciary duty to First Nations and condemn the Government of Canada for failing to fully brief, engage, consult and accommodate First Nations during the legislative process for Bill C-38: Jobs, Growth & Long-term Prosperity Act, including the amendment process for the Fisheries Act.

UPDATE: National Chief Atleo wrote Minister Keith Ashfield, Department of Fisheries and Oceans (DFO) on August 8, 2012 stressing the urgency to undertake engagement with First Nations. AFN has only received two brief verbal technical briefings with DFO on changes in Bill C-38 and officials have noted they were unable to provide any concrete answers or written materials. AFN posed 16 questions to DFO on Bill C-38 in April 2012 and these were posted on the Order Paper by Member of Parliament Philip Toone (Gaspésie—Îles- de-la-Madeleine). An answer was provided on September 17 2012 in Parliament.

To ensure clear information sharing with First Nations, AFN has provided updates on conference calls, and developed Technical Overview document from the information received to date which was distributed widely and posted on AFN website. DFO finally posted materials regarding changes to the Fisheries Act on November 20, 2012.

AFN continues to pressure DFO to provide materials and engage with First Nations on proposed changes to Bill C-38 and now the recent Bill C-45. DFO has indicated they will not provide any new resources for consultation.

25 First Nations Right to Determine Grand Chief Derek Chief William Montour, Citizenship Nepinak, Proxy, Buffalo Six Nations of the Grand Point First Nation, MB River Territory, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Affirm and re-assert First Nations’ sovereign and inherent right to exercise jurisdiction to self-determine who are citizens are, through our own laws, reflective of our right to self-determination and exercise of our inherent right to self-government as expressed through our traditional governing structures and Treaties. 2. Acknowledge among ourselves that there is considerable diversity among First Nations in Canada and that we each have our own systems for recognizing and gaining citizenship within our respective Nations. 3. Continue to assert that First Nations’ consent is required to any amendments to the Indian Act which impact on First Nations’ jurisdiction over citizenship. 4. Assert and insist that Canada recognize all citizens as defined by First Nations and that First Nations negotiate with Canada to ensure fiscal transfers for the provision of services to our citizens. 5. Direct the Assembly of First Nations to work with Treaty, regional and provincial organizations and individual First Nations, and encourage them to share the results and recommendations of their exploratory discussions on Indian registration, membership and First Nation citizenship, and support the furtherance of these recommendations. 6. Direct the Assembly of First Nations to continue research on considerations and mechanisms to fully implement First Nation jurisdiction over citizenship, and that a comprehensive update and strategy be provided at the 2012 Special Chiefs Assembly.

UPDATE: AFN has continued sharing information with Treaty, regional and provincial organizations and First Nations regarding the exploratory discussion and maintains a web portal to facilitate access and awareness of materials.

Aboriginal Affairs and Northern Development officials are continuing review of the results of First Nation reports and input as part of the exploratory process. AFN continues to urge the public posting and sharing of all submissions by AANDC. As well, AFN continues to work to support First Nations in the development of their own citizenship laws and constitutions.

Work will continue on a strategy to support First Nations’ re-asserting and assuming their jurisdiction, including clear advocacy for the needed capacity and institutional supports.

27 Target Date for Ending Inequality for Grand Chief Mike Kukpi7 Wayne Christian, First Nations Children and Youth Kanentakeron Mitchell, Splatsin First Nation, BC Mohawks of Akwesasne, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call on the Prime Minister of Canada to recognize the seriousness of the state of crisis for First Nations children and set a target date of no later than 2015 to address the inequalities in child welfare, education and health experienced by First Nations children and young people. 2. Call on the Prime Minister to report annually to the public on progress being made to meet the end of inequity target date. 3. Set 2015 as a target date to eradicate the inequality in child welfare, education and health for First Nations children, irrespective of the will of the Government of Canada, and report publically on the government’s progress in achieving this target date.

UPDATE: A letter has been sent to the Prime Minister noting 2015 as the target date to end inequality for First Nation children and youth as well as requiring a report on the government’s progress. The AFN is continuing to strategize how to eradicate the inequality in child welfare, education and health for First Nations children, irrespective of the will of the Government of Canada, and report publically on the government’s progress in achieving this target date.

26 Additions to Reserve Policy and Chief Joe Miskokomon, Chief Nelson Genaille, Process Reform Chippewas of the Sapotaweyak Cree Thames First Nation, ON Nation, MB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the continuation of the joint AFN / Canada technical working group (JWG) work to obtain positive changes to the Additions to Reserves (ATR) policy and process on issues that would include, but not be limited to: A renovation of the existing ATR policy and “Chapter 10” of Aboriginal Affairs and Northern Development Canada’s Lands Manual to make this policy and process more efficient, effective and transparent; A revised ATR process that would ensure that the implementation all settlements agreements that include ATR commitments take precedence over other interests (e.g. municipal tax loss, etc.) and uphold the Honour of the Crown and respect the constitutional status of FN Aboriginal and Treaty rights The cooperative examination of legislation, in accordance with the standard of Free, Prior and Informed Consent, that would both expand the current legislative models available in Saskatchewan, Alberta and Manitoba to First Nations in other provinces and territories, and include other legislative measures that, in conjunction with the revised ATR policy, make the process more efficient, effective and transparent. 2. Call on the CCoC to continue to report back to the Chiefs-in-Assembly as progress is made by the JWG. UPDATE: The AFN / Canada technical Joint Working Group (JWG) has continued to meet, in coordination with meetings of the Chiefs Committee on Claims (CCoC) and has developed a revised ATR policy consistent with this resolution.

The potential examination of national ATR legislation is expected to begin in 2013-14.

28 Special Assembly on First Nations Chief William K. Chief Gilbert Whiteduck, Education Montour, Six Nations of Kitigan Zibi the Grand River Anishinabeg, QC Territory, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations to host a Special Assembly on First Nations education by October, 2012. 2. Direct the Chiefs Committee on Education (CCOE) and the National Indian Education Council (NIEC) to immediately begin planning for the special assembly. 3. Request that the National Executive members ensure full representation and participation at the CCOE and NIEC.

UPDATE: The federal government’s intention to proceed with the development of education legislation to replace the existing education sections (s. 114-122) of the Indian Act has generated considerable concern among First Nations.

A Chiefs Assembly on Education was held on October 3-5, 2012, where a motion was passed declaring that the Chiefs-in-Assembly reject the unilateral development of a First Nation Education Act as announced in the federal budget 2012, and demand that the federal government uphold the honour of the Crown and fulfill its obligation to First Nations by providing needs-based, sustainable education funding that supports First Nations lifelong learning.

The AFN Chiefs Committee on Education (CCOE) has been tasked with developing a National Action Plan for the consideration of the Chiefs at the Special Chiefs Assembly in December, 2012. The CCOE and National Indian Education Council (NIEC) developed a draft “Elements to Move Forward First Nations Education” Action Plan for the Special Assembly. It continues to be a draft document.

29 Aboriginal Skills and Employment Chief Joel Abram, Oneida Chief Marianna Couchie, Strategy – Development of an Advocacy Nation of the Thames, ON Nipissing First Nation, Strategy ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call on Canada to work with First Nation governments, the Assembly of First Nations (AFN) and the Aboriginal Skills, Employment and Training Strategy Agreement (ASETA) holders to develop a negotiation framework that respects First Nation jurisdiction over decision making regarding the implementation of the First Nation mandated ASETA. 2. Direct that the First Nation ASETA holders, in conjunction with the AFN, develop an advocacy strategy to ensure that First Nation jurisdiction is upheld and respects the autonomy of each ASETA holder and First Nation government. 3. Commit to this advocacy strategy to improve the current working relationship with Human Resources and Skills Development Canada and Service Canada and addresses immediate and critical issues facing each ASETA holder and First Nation government with respect to their human resource development. 4. Call on Canada to develop the appropriate mechanisms to address in this current year the national funding formula, the Childcare Allocation (Halifax Formula), and other funding increases that are needed. 5. Recognize that the proposed work does not limit or preclude First Nation governments from seeking and/or entering into new ASETAs or other agreements.

UPDATE: AFN informed Human Resources Skills Development Canada federal officials of the resolution. The First NationTechnical Working Group on Human Resources Development (TWG) met in October 2012. They were informed of the resolution and asked to consider options forward. The TWG has in past discussions recommended initiating planning for the next five year human resources, employment, and training strategy as soon as possible. Federal officials have indicated their interest to begin this discussion for the next strategy.

30 Support for Embracing Life in Cowichan Chief Harvey Alphonse, Chief Richard Thomas, Tribes Cowichan Tribes, BC Lyackson First Nation, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support Cowichan Tribes in the declaration of their State of Emergency aimed at addressing the high number of suicide “alerts” documented this year and over the past five years. 2. Call on the Minister of Health for British Columbia and the Federal Minister of Aboriginal Affairs and Minister of Health to take immediate steps to address and alleviate the effects of this emergency consistent with the Cowichan Tribes’ Declaration.

UPDATE: AFN will continue to support the Cowichan Tribes as they aim to address the high number of suicide alerts within their communities.

As the AFN works with Health Canada on the development of a coordinated continuum of mental wellness services, special attention will be paid to suicide prevention and intervention with specific references made to each throughout the document. The document will take into account the social determinants of health and will be guided by an external advisory committee. The work will yield regional and federal engagement processes that will draw upon the expertise and knowledge of communities, as well as relevant partners and stakeholders.

In addition, the AFN will be meeting with the Public Health Agency of Canada, the Mental Health Commission of Canada (MHCC) and other mental health organizations to discuss Bill C-300, and the develop of a National Suicide Prevention Strategy. The AFN will continue to advocate for a process that is not pan-Canadian but one that is reflective of the unique and distinct needs of First Nations.

31 Support for Wahgoshig First Nation in Chief Keeter (Keith) Chief Alex Batisse, Defending its Rights and Traditional Corston, Chapleau Cree Matachewan First Territory First Nation, ON Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support Wahgoshig First Nation in the protection of its traditional territory from the unilateral exploration and development of its lands by mining companies. 2. Call on all governments across Canada to legislate mandatory free, prior, and informed consent provisions for any exploration or resource development projects affecting First Nation territories. 3. Condemn any mining companies that fail to consult and accommodate First Nations and call on all mining companies to acknowledge and respect Aboriginal and Treaty rights and to work with First Nations for mutually beneficial and responsible mining exploration and resource development.

UPDATE: AFN has continued its work to support the mandatory requirement for free, prior and informed consent, and to condemn any resource project that does not begin with an acknowledgement of Aboriginal and Treaty rights.

32 Challenging Canada’s “Surrender” Chief Joe Miskokomon, Chief Marianna Couchie, Requirement in Settlement Agreements Chippewas of the Thames Nippissing First Nation, First Nation, ON ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Chiefs Committee on Claims (CCoC) to examine Canada’s requirement for a “surrender” within settlement agreements in an effort to advance alternatives that can be used in advocacy efforts aimed at the federal government. 2. Direct the CCoC to report back to the Chiefs-in-Assembly as progress is made.

UPDATE: This resolution has been brought to the CCoC for their preliminary consideration. Consideration is also being given to the work of AFN’s Comprehensive Claims Policy Working Group (CCPWG) which is advancing a strategy to support “recognition” as a starting point for engagement, rather than the denial of rights. Efforts to do so are now the subject of discussion with Canada at the Comprehensive Claims Senior Oversight Committee (CCSOC) following the January 11, 2013, meeting with the Prime Minister. Ongoing reporting will take place as progress is made.

33 Support for Feasibility Study on Cora Voyageur, proxy, Matt Vickers, proxy, Proposed Rail Link to Transport Oil Fort McMurray #468 Heiltsuk First Nation, Products from Alberta to Alaska First Nation, Alberta British Columbia

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the objectives of Generating for Seven Generations (G7G) with respect to developing a feasibility study for this rail project and request the financial contribution of the respective provincial, territorial and federal governments to this end. 2. Support the need to advocate for provincial, territorial and federal funding that is dedicated specifically for ongoing infrastructure operations that will serve the needs of First Nation communities and facilitate the delivery of the oil sands product to Pacific tidewater in an environmentally friendly manner, while creating the maximum amount of permanent jobs and benefit sharing with First Nation communities.

UPDATE: AFN has discussed specific requests to facilitate support for the feasibility study with representatives from G7G. Letters of support for a feasibility study were sent from the National Chief to the Prime Minister and western Premiers.

34 Support for Kwakiutl First Nation Kyra Mason, proxy, Chief Bob Chamberlin, Kwakiutl Band Council, Kwikwasu’tinuxw BC Haxwa’mis First Nation, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call upon the Province of British Columbia to rescind Order in Council (OIC) 674/2009 and replace it with a new OIC that is conducive to the Additions to Reserve process, which will inevitably result in the building of a new school facility for the incalculable benefit and use of Kwakiutl Nation’s children and youth. 2. Urge the Province of British Columbia to draft a new OIC using Section 31(2) of the Land Act, R.S.B.C. 1996. 3. Call on the National Chief to intercede on behalf of the children and youth of Kwakiutl First Nation in order to remind Her Majesty the Queen in Right of Canada and the Province of British Columbia that any further delay will compromise and is inconsistent with Articles 14, 26 and 27 of the United Nations Declaration on the Rights of Indigenous Peoples.

UPDATE: The National Chief and AFN officials have been in contact with the Kwakiutl First Nation and are awaiting further information on how best to support Kwakiutl objectives with respect to the OIC / ATR relating to building a new school facility.

35 Assertion of Inherent and Treaty Rights Chief Craig Makinaw, Anne Marie Sam, Proxy, to Lands, Traditional Territories and Ermineskin First Nation, Soda Creek Indian Treaty 6, AB Resources Band, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Reaffirm their unity and resolve to advance the principles of the United Nations Declaration on the Rights of Indigenous Peoples and to fulfil the unmet promise of reconciliation between the Crown and First Nations. 2. Direct the National Chief on behalf of the Chiefs-in-Assembly to support a First Nations-led coalition of business, civic and civil society leaders who are committed to supporting First Nations in achieving the implementation of the Treaties and recognition of their rights to lands, territories and resources, an equitable share of economic opportunities and benefits, and reconciliation between First Nations and the Crown. 3. Direct the National Chief on behalf of the Chiefs-in-Assembly to communicate to the Governments of Canada, the Provinces and Territories that continued failures on the part of the Crown to meaningfully engage First Nations in decision making in the management of their lands, territories and resources, or provide equitable shares of economic opportunities and benefits from resource development is resulting in continued conflict and crisis. 4. Direct the National Chief on behalf of the Chiefs-in-Assembly to develop strategies to support First Nations to assert their rights to their lands, territories and resources, to pursue the successful implementation of the Treaties in the spirit and intent as originally negotiated by the ancestors, and to provide such assistance and support as First Nations may request in this regard. UPDATE: In a unanimous declaration of unity at the 2012 Special Chiefs Assembly, Chiefs-in-Assembly agreed to stand together to defend our lands, territories, peoples and jurisdiction, to protect the integrity of Treaty and inherent rights, and to ensure economic stability and protection of the environment. This declaration further states that Chiefs-in-Assembly fully support the participation of all First Nation peoples in decision-making process that impact inherent and treaty rights and stand united to reject assimilation and termination policies, processes or legislation imposed by other governments. The AFN and National Chief have stood firm in clear advocacy and support for First Nations to achieve full implementation of their rights. In January 2013, National Chief Atleo and First Nations leadership met with Prime Minster Harper and members of Cabinet to reinforce key areas of consensus for action among First Nations, including Treaty Implementation, Comprehensive Claims reform based on the clear recognition of title and rights, fair and equitable resource revenue sharing, ensuring all legislation is consistent with s. 35 of the Constitution Act, 1982, and ending violence. Parliamentary advocacy, international representations and public speaking to Canadian public, business interests and civil society partners has reinforced these efforts

Cliff Atleo, Proxy, 36 Opposition to Aboriginal Affairs and Chief Rose Laboucan, Kyuquot/Checleseht Northern Development Canada New Driftpile Cree Nation, AB Funding Policy for Aboriginal First Nation, BC Representative Organizations, Tribal Councils and First Nations

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Condemn Aboriginal Affairs and Northern Development Canada’s (AANDC) proposed decision to impose a new funding policy that drastically reduces the funding of Aboriginal Representative Organizations (AROs), Tribal Councils and First Nations, which was announced on September 4, 2012. 2. Direct the Assembly of First Nations National Chief to continue working with the Regions and with the AFN Executive Committee to develop a coordinated response to the new AANDC funding policy. This response should include, but is not limited to the following: a. The AFN National Chief send a letter to Canada, including the Minister of AANDC and central agencies, setting out these objections and condemnation of the proposed new funding policy and challenging the hypocrisy and dictatorship in the Minister’s statements contained in the announcement. b. The AFN provide a copy of this letter to First Nations and Tribal Councils and encourage them to similarly write letters. 3. Recognize that the proposed AANDC funding policy is part of the broader dialogue around the need for a new fiscal relationship between First Nations and Canada, and should be discussed by the Joint Working Group on Financial Arrangements (WGFA). 4. Direct the WGFA, as part of their broader work, to specifically identify a fair and appropriate funding formula to be completed by April 1, 2014. 5. Call on parliamentary leaders and opposition parties to identify AANDC’s proposed funding policy as a key issue for debate in Parliament and within the appropriate Parliamentary committees. 6. Direct the Assembly of First Nations to meet nationally and regionally with Tribal Councils, AROs and First Nations to inquire about the scope and impact of the reductions in funding and to publicize their findings. Also urge AROs, Tribal Councils and First Nations to provide details to the AFN to support this work. 7. Direct the Assembly of First Nations to work nationally with PTOs to advocate for a coordinated response to AANDC’s proposed funding policy and develop a strategy on the implementation of Inherent rights. 8. Direct the Assembly of First Nations to report back on the implementation of this resolution at the next AFN Annual General Assembly.

UPDATE: On September 6, 2012 the AFN issued a release stating its public opposition to federal funding cuts to First Nation organizations, urging the federal government to commit to working with First Nations on positive, long-term steps toward reconciliation. The AFN immediately analyzed various data sources that were publicly shared to determine the impact of the funding cuts to First Nation Regional Organizations across Canada through to 2015. In September, the AFN shared this analysis and hosted a series of national calls with First Nation PTOs across Canada to discuss the analysis, impacts across the country and strategies for action. The AFN National Executive also had focused discussion on the funding cuts and actions for a national strategy. While meetings with the WGFA continue, government officials are currently not mandated to explore new funding mechanism and are focused on improvements to current instruments. The AFN and First Nation representatives continue to raise the need for a new fiscal relationship. On June 3, 2013 AANDC sent letters to all First Nations organizations identifying further reductions in project funding cuts that will take place in the 2013-14 fiscal year. The AFN immediately updated analysis to identify the impact of the funding cuts, shared with PTO’s across the country and provided an updated briefing note to AFN Executive to inform a national strategy of action.

Chief Nelson Genaille, 37 International Trade Agreements and Chief Isadore Day, Sapotaweyak Cree Indigenous Rights Nation, MB Serpent River First Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations National Chief to engage with the federal government to ensure that Canada fulfills its duty to consult and accommodate with First Nations on the Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) and other trade agreements, such as the Canada Europe Free Trade Agreement (CETA), consistent with the standard of Free, Prior and Informed Consent as identified in Article 19 of UNDRIP. 2. Mandate the Assembly of First Nations to expeditiously develop a legal analysis of FIPPA and its impact on First Nations including: a. Impact on First Nation Aboriginal and Treaty rights including: i. existing Treaties, outstanding Treaty claims and interests, modern agreements and traditional territories and ii. existing Treaty Land Entitlement Agreements and unresolved related claims and interests. iii. current and future land claim agreements, including specific claims, comprehensive claims and other land related claims; b. Impact on Crown initiatives to implement the duty to consult and accommodate, including the possibility the FIPPA may induce a ‘chill’ to recognition and implementation of First Nation rights; c. Impact on Natural Resources Transfer Agreements and impact benefit agreements; d. Impact on treaties and arrangements, and other land or resource related agreements; e. Inconsistencies with recognition of indigenous rights at international trade law and under international indigenous rights law; and f. National and international remedies, including a potential Reference Case to the Supreme Court of Canada. 3. Direct the Assembly of First Nations National Chief to work with AFN Regional Chiefs to determine what province(s) or territory / territories would be willing to put forward a Reference Case to the Courts including, if needed, the Supreme Court of Canada, and also determine what First Nations would be willing to seek to be an intervenor. 4. Direct the Assembly of First Nations National Chief to engage with the official opposition and other federal parties to ensure their opposition to the FIPPA, and their positions on other trade agreements like the CETA, includes a commitment to recognizing and affirming Aboriginal and Treaty rights and to the standard of free, prior and informed consent.

UPDATE: Correspondence was sent in Fall 2012 and in Spring 2013 from the National Chief to the Prime Minster, various Ambassadors, and others outlining the need to ensure agreements recognized and affirmed Aboriginal and Treaty rights and obtained the free, prior and informed consent of First Nations. An analysis and technical briefing was provided to First Nation organizations in early 2013 to support their efforts.

Chief David Crate, 38 Support for Fisher River Cree Chief Ron Evans, Commercial Fishers against being Fisher River Cree Norway House Cree Nation, MB taxed for their commercial fishing Nation, MB livelihood

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call on all First Nation governments and the Assembly of First Nations to work to develop a national strategy to have the Robertson decision implemented. 2. Mandate the AFN to seek funding to support the development of a national strategy to implement the Robertson decision. 3. Direct the AFN to work with each region across the country to gather an accurate profile of the taxation of First Nation commercial fishers by the Canada Revenue Agency (CRA) in each region. 4. Direct the AFN to urge the federal government to apply the Robertson decision by the CRA and other departments as may be identified. 5. Direct the AFN to report back to the Chiefs-in-Assembly on the progress of this initiative in July 2013.

UPDATE: On October 29, 2012, Fisher River Cree Commercial Fishers were successful in their bid against being taxed on their earnings related to activity and livelihood in commercial fishing. The case centred on fishers Mr. Ronald Robertson and Mr. Roger Saunders. A decision by Justice Evans of the Federal Court of Appeal rejected arguments by the Canada Revenue Agency (CRA) that the income earned by the two fishers was taxable and ruled in favour of the fishers. Justice Evans said in his ruling that the ‘fishermen had both history and treaties in their favour’, and he noted that this section of the Indian Act is tied to the Crown's duty to respect the ability of aboriginal people to manage the economic development of their reserves.

Chief Marcel Head, 39 Challenging INAC’s Education Chief Joe Miskokomon, Shoal Lake Cree Nation, Information System Chippewas of the SK Thames, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Notify Canada that First Nations will provide Canada with access to information that fulfills the current reporting requirements of funding agreements, but that additional requests for information will be vetted in accordance with First Nation policies and procedures that adhere to principles of Ownership, Control, Access and Protection (OCAP) principles. 2. Mandate the AFN Education Secretariat to explore legal avenues of the settler government and our own laws to address the privacy concerns. 3. Demand that the Minister of Indian and Northern Affairs Canada direct his staff to delay the implementation of the Education Information System until the concerns of First Nations have been addressed. 4. Demand that the requirement to participate in the Education Information System is removed from all First Nation funding agreements.

UPDATE: The Department has been advised of First Nations concerns with the implementation of the Education Information System. Numerous challenges have been identified with the implementation of the system including significant technical difficulties and lack of access to the system and portals, changes in reporting forms and requirements, inadequate training schedules and timelines, lack of funding to support system implementation and capacity building, funding delays, and myriad issues related to privacy and principles of Ownership, Control, Access and Privacy (OCAP). Despite this, the Department continues to proceed with implementation. A legal review to address privacy concerns has been drafted.

40 Education Funding Human Rights Chief Lynn Acoose, Chief Gilbert Whiteduck, Challenge Sakimay First Nation, SK Kitigan Zibi Anishinabeg, QC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Provide political support to the Human Rights Complaint on Education led by the First Nation Education Council of Quebec.

UPDATE: The AFN has worked with the First Nations Education Council (FNEC), Nishnawbe Aski Nation (NAN), the Federation of Saskatchewan Indian Nations (FSIN), and the First Nations Child and Family Caring Society (FNCFCS) to prepare a Human Rights complaint pursuant to Section 5 of the Canadian Human Rights Act. FNEC has taken the lead to encourage a Human Rights Complaint on Education regarding inequitable funding to First Nations schools, in conjunction with the AFN and other organizations, and has requested support from other First Nations across Canada. The resolution calls for a national coalition of First Nations/organizations to pursue this complaint.

41 Opposition to the Assembly of First Okimaw Wallace Fox, Chief Velma Night, Nations National Education Steering Onion Lake Cree Nation, Saulteaux First Nation, Committee and Affirmation of the role SK SK of the Chiefs Committee on Education THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations to discontinue work on National Education Legislation. 2. Reaffirm the role of the Chiefs Committee on Education as the national body to direct the work of the AFN on all matters related to First Nations education. 3. Recognize and respect the authority and autonomy of all First Nations to direct and implement their own decisions on education for their peoples.

UPDATE: On December 11, 2012, the federal government announced the start of time-limited consultations with First Nations on the development of a First Nation Education Act and released a Discussion Guide which provides a suggested framework for their approach. First Nations have been clear that this process has not met the conditions for adequate consultation and free, prior, and informed consent. A national strategy has been drafted and discussed by the Chiefs Committee on Education and the National Indian Education Council to support First Nations. Through all of its advocacy the AFN has been clear in its support and respect for the authority and autonomy of all First Nations to implement their own directions in education.

42 Leveraging Registered Education Chief Thomas Bressette, Chief Joe Miskokomon, Savings Plans for Self-Sustainability Kettle and Stony Point Chippewas of the First Nation, ON Thames First Nation, ON THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations to develop an advocacy plan to have the definition of a subscriber in Section 146.1 of the Income Tax Act expanded to include a First Nation, similar to the current inclusion of a public primary caregiver. 2. Direct the AFN to advocate for expanding the scope of en eligible transfer in Section 16 of the Canada Education Savings Regulations to include a transfer from one child within a First Nation to any other child within the First Nation.

UPDATE: The AFN has been in regular contact with the Chippewas of the Thames about this issue which requires broader political support. The AFN is working with them to help secure a meeting with the Minister of Human Resources and Skills Development Canada to discuss the inclusion of First Nations as subscribers in Canada’s Registered Education Savings Program (RESP). The taxation guidelines of the Government of Canada currently do not allow a collective contribution to the RESP of less than $30 million.

43 Manitoba Regional Position on Chief Glenn Hudson, Chief Michael Canada’s First Nation Education Act Peguis First Nation, MB Yellowback, Manto Sipi Cree Nation, MB THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations and the National Chief to demand that Canada honour its legal obligation on the Treaty Right to Education that will recognize the First Nations distinct models, mechanisms, processes and approaches; and negotiate a fiscal arrangement similar to the equalization payments under the Constitution of Canada to ensure that First Nation governments have sufficient funding to provide equitable, sustainable and predictable funding for First Nation Jurisdictions and Law in Manitoba. 2. Direct the Assembly of First Nations and the National Chief to work with the Assembly of Manitoba Chiefs, Manitoba Keewatinowi Okimakanak and the Southern Chiefs’ Organization in order to support and assist Manitoba First Nations in the development of their own education laws.

UPDATE: The AFN has been consistent in its message to Canada to honour its legal obligation to the Treaty Right to Education that will recognize the First Nations distinct models, mechanisms, processes and approaches; and negotiate fiscal arrangements to ensure First Nations have equitable, sustainable and predictable funding to implement First Nations control over First Nations education. AFN has also asserted that rights- holders at the local and regional levels must determine the manner in which they want their rights implemented. AFN prepared a research report called “Jurisdiction Principles in First Nations Education – Components of an Education Framework for First Nations Jurisdiction over Education” to assist all regional organizations in the preparation of frameworks to assert First Nations control and occupy the jurisdictional field of education.

44 Support for Lake Manitoba First Nation Chief Barry Swan, Lake Chief Ron Evans, and other First Nations in Achieving Manitoba First Nation, Norway House Cree Post-Secondary Education MB Nation, MB THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to call upon the Government of Canada to immediately remove the 2% cap on the Post- Secondary Student Support Program (PSSSP). 2. Direct the AFN to call upon the Government of Canada to support the Lake Manitoba First Nation, and all other First Nations across Canada, by providing the funding necessary for their additional post- secondary students graduating from secondary school in 2012-13.

UPDATE: In March 2010, the government of Canada announced plans to review the Post-Secondary Student Support Program (PSSSP). Although intensive discussions occurred between AANDC and Human Resources Development Canada (HRSDC) after the review was announced, at this point, there are no changes to the program. The Summative Evaluation completed in June 2012 found, among other things: a continued need to fund the program, evidence of some improvement in the outcomes for post-secondary education and the need for a change in the funding approach. The recommendations include: develop a strategic, transparent framework, support partnerships, and develop reliable data collection methods for student enrolment and success. AANDC confirms that officially the program remains under review.

The AFN has sent correspondence to the Minister to call for the removal of the funding cap, address funding shortfalls such as those faced by Lake Manitoba First Nation, and work with First Nations on addressing AANDC’s administrative issues which have been identified by successive audits. In 2010, the AFN convened First Nations experts in post-secondary education to develop “Taking Action for First Nations Post-Secondary Education – Access, Opportunities, and Outcomes.” The document sets out key principles to address today’s challenges in First Nations post-secondary education.

45 Implementation of a National First Chief Byron Louis, Chief Madeliene Paul, Nations Water Strategy Okanagan First Nation, Eagle Village First BC Nation, QC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Accept the draft National First Nations Water Strategy as a basis for dialogue. 2. Direct the AFN to continue to actively facilitate discussion and seek input from First Nations, regional technical working groups and other organizations to further refine the development of a comprehensive National First Nations Water Strategy, to be overseen by the Chiefs Committee on Housing and Infrastructure.

UPDATE: A draft strategy was created and ratified at the 2012 Special Chiefs Assembly and shared with various First Nation organizations, networks and Committees for input. The AFN continues to advocate for the recognition and respect for First Nations sovereign, inherent and Treaty rights and jurisdiction over the management and access to waters in traditional territories through positions advanced on legislation such as S-8, Safe Drinking Water for First Nations Act, Bill C-38 and C- 45. The Strategy underscores the importance and support for First Nations to exercise their rights through ceremony and practices of management and use – which is further supported by Resolution 81/2012, “Following Indigenous Protocols and Ceremonies with Respect to Water.” A Water Ceremony will be performed to open the Water strategy session at the 2013 AGA by an Elder representing her traditional territory.

With respect to declaration and assertion of First Nation water rights, the protection of our watersheds and all living beings within it, a draft First Nations National Water Declaration will be presented for further input and discussion at the 2013 AFN AGA.

A pilot project has been initiated that will create a mapping resource tool that will identify all ongoing activity within the watershed.

The National First Nations Water Strategy will continue to be available for discussion at appropriate venues with a view of constant improvement.

46 Action to Implement Fisheries Supreme Cliff Atleo, Proxy, Chief Byron Louis, Court Case Decisions Kyuquot/Checleseht Okanagan Indian Band, First Nation, BC BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call on the Assembly of First Nations to seek resources to implement Resolution 67-2010. 2. Direct the Assembly of First Nations to continue to work directly with First Nations on court case negotiation and implementation through preferred regional processes. 3. Direct the Assembly of First Nations to seek resources to convene a National Forum to facilitate dialogue between Inherent, Aboriginal and Treaty based fisheries, to share traditional governance systems and strategies on the implementation of Supreme Court decisions. 4. Mandate the Assembly of First Nations to coordinate with First Nations to develop strategies for the enhanced economic operation of First Nations fisheries, consistent with current court case decisions that recognize economic fisheries.

UPDATE: The AFN has facilitated discussions between Supreme Court decision recipients from the East and West Coasts during an ad-hoc side session at the National Aboriginal Fisheries Forum (NAFF) in Nanaimo, British Columbia. Ongoing support has been offered to the Nuu-chah-nulth Tribal Council to assist in the implementation of the Ahousaht et. al decision. This support has included assistance arranging meetings with various parliamentarians and senior level civil servants in order to advocate for the opening of the Nuu- chah-nulth commercial fishery.

47 Opposition to Unilateral Changes to Chief Byron Louis, Cliff Atleo, Proxy, Fisheries Management in Canada Okanagan Indian Band, Kyuquot/Checleseht BC First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the National Chief to notify the Government of Canada that First Nations are opposed to the changes to the Fisheries Act and the Navigable Waters Protection Act in Bill C-45, and to notify the Government that it has failed to discharge its duty to consult and accommodate on these changes. 2. Call upon the National Chief to meet with the Minister of Fisheries and Oceans and the Minister of Transport to seek a firm commitment for the Government of Canada to consult and accommodate First Nations on any new policies or regulations that are created as a result of Bill C-38 or Bill C-45. 3. Mandate the Assembly of First Nations to seek the immediate release of information and resources from Fisheries and Oceans Canada and Transport Canada to engage in tier-1 dialogue on changes to the Fisheries Act and any new policies or regulations that are created as a result of those changes. 4. Adopt a formal position against changes to environmental legislation in omnibus budget implementation bills and direct the National Chief to inform the Government of Canada of this position.

UPDATE: The AFN has sent correspondence to the Minister of Fisheries and Oceans Canada, the Deputy Minister of Fisheries and Oceans Canada and the Deputy Minister of Transport Canada stating concern with changes contained within Bill C-38 and Bill C-45. The National Chief received a written response from the Minister of Fisheries and Oceans committing to engagement with First Nations on policy processes related to the implementation of amendments.

The AFN has advocated directly to departments for the allocation of appropriate funds for engagement. The need for engagement has also been articulated during numerous AFN appearances before House of Commons and Senate committees. Specifically, engagement and resourcing is sought for the creation of a new Navigable Waters Protection Policy, a Transport Canada study on marine oil spill response and preparedness, Fisheries and Oceans Canada’s proposed fisheries protection policy, and regulations that may be promulgated in the future.

Information received from government departments has been distributed through the National Fisheries Committee e-mail listserv.

48 First Nations Fisheries Habitat Chief Byron Louis, Grand Chief Ken Protection Okanagan Indian Band, Malloway, Proxy, Kwaw BC Kwaw Apilt First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call upon the Government of Canada to amend the Fisheries Act and the Navigation Protection Act to legislate the prevention, repair, or compensation of any damage to fish habitat. 2. Direct the Assembly of First Nations to facilitate a national dialogue on measures that First Nations can undertake to better protect fish habitat in Canada. 3. Direct the Assembly of First Nations to seek requires resources to further analyze and discuss changes to the Fisheries Act and the Navigation Protection Act. 4. Seek a commitment from the Department of Fisheries and Oceans that it will continue to implement the No Net Loss of Habitat Policy.

UPDATE: Fisheries and Oceans Canada has released a discussion paper outlining several positions and actions that department intends to take with respect to protecting fish and fish habitat. AFN has called for further consultation on this document and anticipates technical engagement between the department and the National Fisheries Committee.

To support First Nations dialogue, the AFN has circulated briefings to the National Fisheries Committee via e-mail and has posted materials on the AFN website. A form letter has been circulated to assist First Nations who wish to request for adequate notice, timelines for response and resources for engagement. The AFN has participated in regional dialogues where invited and has participated in PTO update calls and attended the Independent First Nations quarterly meeting in Toronto, Ontario to discuss the protection of fish and fish habitat.

49 Defining Aboriginal Fisheries Chief Bob Chamberlin, Grand Chief Ken Kwicksutaineuk Ah-kwa- Malloway, Proxy, Kwaw mish First Nation, BC Kwaw Apilt First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the National Chief to notify the Government of Canada that it has failed to discharge its duty to consult and accommodate First Nations on the definition of Aboriginal as it relates to fisheries in the Fisheries Act and is undermining its fiduciary duty to First Nations. 2. Mandate the Assembly of First Nations to seek legislative amendments to the definition of Aboriginal as it relates to fisheries to include traditional fisheries and fisheries practiced consistent with an Aboriginal or Treaty right. 3. Direct the Assembly of First Nations to secure information and resources from the Government of Canada to engage in tier-1 dialogues with First Nations across Canada and to facilitate tier-2 dialogues with the Department of Fisheries and Oceans on any policy or regulation that may be created which clarifies the definition of aboriginal as it relates to fisheries, food fisheries, social fisheries, or ceremonial fisheries. 4. Denounce the Department of Fisheries and Oceans for failing to be transparent in its processes and for withholding information, documents, and plans from First Nations across Canada who will be impacted by the definition of Aboriginal as it relates to fisheries.

UPDATE: The National Chief sent a letter to the Minister of Fisheries and Oceans outlining the need for proper consultation and underscoring issues with respect to the definition of “Aboriginal” as it relates to fisheries. The AFN has received a commitment from DFO to fund Tier-1 and Tier-2 dialogue sessions to discuss a proposed fisheries protection policy, which may contain clarification as to the designation of fisheries as “aboriginal” in nature or character.

50 Implementation of Cohen Commission Chief Bob Chamberlin, Grand Chief Ken Report Recommendations Kwicksutaineuk Ah-kwa- Malloway, Proxy, Kwaw mish First Nation, BC Kwaw Apilt First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to work with the First Nations Leadership Council of British Columbia and the Council of Yukon First Nations in analyzing the recommendations of the Cohen Commission and advocating for action to the Government of Canada. 2. Direct the AFN to advocate for the Department of Fisheries and Oceans to immediately and fully implement the Wild Salmon Policy consistent with the recommendations within the Cohen Commission’s Report.

UPDATE: The AFN will continue to support actions as required to assist in the BC First Nations Fish Council and will continue to advocate for the implementation of the Wild Salmon Policy at appropriate venues.

51 International Collaboration on Fisheries Chief Bob Chamberlin, Grand Chief Ken Kwicksutaineuk Ah-kwa- Malloway, Proxy, Kwaw mish First Nation, BC Kwaw Apilt First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations to work with the National Congress of American Indians to plan, seek resources, and convene an International Indigenous Forum on Fisheries. 2. Call on the Assembly of First Nations to make linkages with other international Indigenous groups to share best practices and strategies in fisheries management, fish harvesting, governance and decision making, and commerce in the fisheries and aquatic resources sector.

UPDATE: A preliminary outline of the proposed fisheries forum has been drafted for discussion. The forum will address the directives in this resolution on fisheries management, harvesting, governance and decision- making. The AFN will establish a planning committee to assist in planning the North American Fisheries Forum tentatively for March 2014. Dialogue is ongoing with the National Congress of American Indians to determine an appropriate location and date. 52 Establishment of Agreements for Grand Chief Ken Cliff Atleo, Proxy, Regular Meetings with the Minister of Malloway, Proxy, Kwaw Kyuquot/Checleseht Fisheries and Oceans Kwaw Apilt First Nation, First Nation, BC BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the National Chief to establish a formal agreement with the Minister of Fisheries and Oceans that establishes regular meetings between the National Chief and the Minister of Fisheries and Oceans and to seek a yearly meeting between the Minister of Fisheries and Oceans and the Assembly of First Nations Executive. 2. Support the Memorandum of Understanding (MOU) being contemplated between the First Nations Leadership Council of British Columbia (FNLC) and the Minister of Fisheries and Oceans to establish regular meetings. 3. Call upon the Minister of Fisheries and Oceans and Fisheries and Oceans Canada to support the MOU with the FNLC and to support the establishment of similar MOUs and processes with other regions.

UPDATE: The AFN continues to advocate for regular meetings and stronger dialogue between the Federal Government and First Nations.

53 Support for Fisheries Research Cliff Atleo, Proxy, Chief Bob Chamberlin, Kyuquot/Checleseht Kwicksutaineuk Ah-kwa- First Nation, BC mish First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call on the Assembly of First Nations to provide leadership in establishing relationships with academic partners and expanding the amount of scientific, policy, and economic research carried out cooperatively with First Nations about First Nation fisheries. 2. Direct the Assembly of First Nations to establish a forum for research carried out by First Nations or research carried out by First Nations in collaboration with academic partners about fisheries to be shared and discussed.

UPDATE: The AFN is continuing to engage with academic partners to conduct the Social Sciences and Humanities Research Council (SSHRC) funded Fish-WIKS study. Fish-WIKS is a 5 year study examining the improvement of fisheries management systems through the incorporation of indigenous traditional knowledge. The project has created funded opportunities for a small number of students with an interest in fisheries seeking higher education and has helped build capacity in partner communities.

The AFN is in discussion with academic partners regarding a potential academic side-event to be held concurrently with the North American Indigenous Fisheries Forum.

54 Direct Action on Murdered and Missing Chief Maureen Alvin Fiddler, Proxy, Indigenous Women Chapman, Skawahlook Wapekeka First Nation, First Nation, BC ON THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Demand that Canada establish an independent, public commission of inquiry into missing and murdered Indigenous women and girls in Canada. 2. Direct the National Chief to work with all provinces and territories in advance of the upcoming meeting of Ministers of Aboriginal Affairs to seek their support for a national public commission of inquiry and to work toward a national framework of action on Indigenous murdered and missing women. 3. Direct the AFN to coordinate a political rally on Parliament Hill, police stations, and offices of political representatives (MPs/MPPs/MLAs) with First Nation leadership and families of the victims across Canada if a response is not received by the federal government. 4. Direct the AFN to examine legal strategies, including a Canadian Human Rights Complaint against the Federal, Provincial Governments and policing services, including Royal Canadian Mountain Police and Provincial and municipal police forces.

UPDATE:

At the January 2013 meeting with the Prime Minister and members of Cabinet, the AFN reiterated the call for a National Public Commission of Inquiry into missing and murdered Indigenous women and girls.

In April 2013, the AFN and Native Women’s Association of Canada co-hosted a National Forum on Community Safety and Ending Violence and are developing a National Action Plan for all levels of government to achieve tangible outcomes.

Ministers of Aboriginal Affairs supported the call for a National Inquiry at their meeting in April 2013.

The AFN and National Chief continue to support efforts of the families of murdered and missing Indigenous women and girls as they seek justice.

55 Mental Wellness as a National Priority Chief Donovan Fontaine, Chief Maureen Sagkeeng First Nation, Chapman, Skawahlook MB First Nation, BC THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Mandate the National Chief to make First Nations mental wellness and life promotion a national priority. 2. Direct the AFN to continue discussions with all First Nations to address community-based issues that focus on mental wellness. 3. Direct the AFN to explore how social media and social networking are used as a tool to promote positive mental wellness and to bring together regions, communities, Elders and youth. 4. Direct the AFN to raise awareness of the importance behind healing the family and community and not just the individual and to secure resources for all aspects of healing with special attention paid to aftercare within the community. 5. Direct the AFN to advocate to the federal government to support community groups and processes that ensure cultural and traditional approaches are at the forefront of healing and wellness.

UPDATE:

The AFN is continuing to work with key partners to design a process to describe a coordinated continuum of mental wellness, specifically with respect to Health Canada’s (HC) mental health and addictions programming for First Nations. Taking into account the social determinants of health and guided by an external advisory committee, the work will include regional and federal engagement processes to draw upon the expertise and knowledge of communities, as well as relevant partners and stakeholders. This engagement will build from the work already completed in the area of mental wellness, with regards to information gathering and act as a “next step” in the process with the development of a mental wellness continuum framework, similar to that of the National Native Alcohol and Drug Abuse Program (NNADAP) Renewal Framework.

Regional discussion sessions are taking place across Canada to speak to community-based issues that face First Nations, as well as community-based programming aimed to address these issues. A federal discussion session will also take place. This discussion will bring together key federal departments that work with First Nations to look at current policies in place that hinders First Nations community-based programming. The importance of culture and culture-based programming will also be a key issue of the discussion.

The AFN is undertaking a literature review to explore how social media and social networking are used as a tool to promote positive mental wellness. The literature review will examine other areas which have had similar success and will look to organizations, such as the Mental Health Commission of Canada (MHCC), to discuss best and promising practices in the areas of social media and mental wellness.

56 Moratorium and Joint Review of Non- Chief Maureen Chief Donovan Insured Health Benefits Chapman, Skawahlook Fontaine, Sagkeeng First Nation, BC First Nation, MB THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Mandate the AFN National Chief to call for a comprehensive joint review of the Non-Insured Health Benefits (NIHB) program. 2. Mandate the AFN National Chief to call for a moratorium on any further cuts to funding until a comprehensive joint review of NIHB is completed. 3. Direct the AFN to develop a business case to respond to NIHB shortfalls; examine the Indian health envelope; explore human rights mechanisms and avenues and legislative options to address this; and, bridging for Treaty and Inherent Right to Health. 4. Direct the National Chief and AFN Executive to make First Nations health a priority at all levels and further advocacy to ensure the Government of Canada meets its obligations to First Nations.

UPDATE: The AFN continues to advocate for a moratorium on any further cuts to funding until a comprehensive joint review of the NIHB program is completed. While recent correspondence received from Health Minister Aglukkaq indicates that a meeting is not possible at this time, advocacy is on-going and the AFN continues to pursue avenues to ensure the Treaty and Inherent Right to health is being respected. In May 2013, the AFN submitted a statement to the United Nations Permanent Forum on Indigenous Issues reiterating the need to address the joint review of NIHB in addition to highlighting the NIHB program funding shortfalls.

57 Support of Suboxone as Medical Chief R. Donald Alvin Fiddler, Proxy, Detoxification from Opioid Addiction Maracle, Mohawks of the Wapakeka First Nation, Bay of Quinte, ON ON THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: A. Support the Suboxone detoxification and aftercare program models developed by First Nation communities and Leadership and direct the National Chief to advocate with the federal and provincial governments to secure funding for development of a comprehensive model that could be adapted by other interested First Nations. This would include funding to provide professional fees for Traditional healers, physicians, nurses, qualified addiction counsellors, and alternative pain management therapies to assist with treatment, detoxification and maintenance aftercare. B. Direct the AFN to advocate for increased funding of both community-based action plans, access to Suboxone for all Nishnawbe Aski Nation (NAN) First Nations, and funding and resources to ensure that all NAN members have access to a thorough, coordinated continuum of addiction and mental health care. C. Direct the AFN to urge the First Nations and Inuit Health Non-Insured Health Benefits (NIHB) program to approve the use of Suboxone for the purposes of Clinical Medical Detoxification for First Nation members, irrespective of geographic location or road access to Methadone, which would allow detoxification within the communities. D. Direct Health Canada to conduct an independently verified cost comparison of lifelong Methadone treatment, including medical transportation costs, loss of employability due to daily dose requirements, and Suboxone tapering program with aftercare counselling and support, including quality of life measures for participants. E. Direct the AFN to urge provincial and federal governments to provide additional funding for after-care programs for the Suboxone medical detoxification program model. F. Direct the AFN to advocate Health Canada to reconsider the decision to approve the generic Notice of Compliance for Oxycodone CR or any formulation that is not highly tamper resistant. G. Direct the AFN to work with NIHB to prevent a generic form of Oxycodone from being listed on the Drug Benefit List.

UPDATE: The AFN worked with the NIHB Drugs and Therapeutics Advisory Committee (DTAC) to ensure they understood the direction to not include the generic form of Oxycodone on the NIHB Drug Benefit List. Subsequently, through Health Canada and the DTAC process, the committee recommended that the generic form of Oxycodone not be listed on the Drug Benefit List, and that Oxy-Neo remain an exception benefit. NIHB has also followed the DTAC recommendation to delist generic Oxycontin. In future meetings, the DTAC will be reviewing updated research and information on Suboxone. The AFN continues to work with organizations such as the Canadian Centre on Substance Abuse (CCSA), to advocate for First Nations’ inclusion in processes aimed at prescription drug abuse and substance use. This includes making sure national strategies are respectful of the unique issues faced by First Nation communities and are inclusive of First Nation cultures, languages and traditions. The AFN will continue to urge the CCSA, along with federal and provincial governments, to provide additional funding for after-care programs, especially those focused specifically on Suboxone medical detoxification.

58 Canada's “Results-Based” Approach to Arthur Manuel, Proxy, Chief Madeleine Paul, Treaty and Self-Government Neskonlith Indian Band, Eagle Village First Negotiations BC Nation, QC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call on Canada to rescind its so-called “results-based” approach to treaty and self-government negotiations for its failure to meaningfully address the problems with outdated federal policies relating to comprehensive claims and inherent rights. 2. Call on Canada to live up to the commitments it made at the January 2012 Crown-First Nation Gathering by working collaboratively with First Nations, which includes "ensuring that federal negotiation policies reflect the principles of recognition and affirmation mandated by Section 35 of the Constitution Act, 1982 and advance certainty, expeditious resolution, and self-sufficiency.” 3. Invite the UN Special Rapporteur on the Rights of Indigenous Peoples to inform, educate and investigate the effects and impacts of federal policies and legislation on Indigenous Peoples.

UPDATE:

The January 11, 2013, meeting with the Prime Minister included a central focus on comprehensive claims and inherent rights. A Senior Oversight Committee (SOC) has been formed, with participation from the Prime Minister’s Office, and has met on several occasions to confirm an approach on reform discussions. Substantive progress is expected to be made over the course of the fiscal year.

In addition, the UN Special Rapporteur on the Rights of Indigenous Peoples is expected to come to Canada this Fall. The AFN will support his engagement in Canada.

Okimaw Wallace Fox, 59 United Opposition to Bill C-45 Chief Isadore Day, Onion Lake Cree Nation, Serpent River First SK Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Reject Bill C-45 and any and all legislation that impacts on the Inherent and Treaty Rights of First Nations and fails to uphold the Honour of the Crown and meet the standards of free, prior and informed consent.

UPDATE: From January through May, 2013 the AFN Legal team has held a number of conference calls with Legal Counsel who were challenging both Bills C-38 and C-45 in the Courts. The AFN offered a coordinating role and provided Counsel with material to assist them in their case. The AFN stated First Nation opposition to Bill C-38 and Bill C-45 in a letter to the Prime Minister and Ministers Flaherty, Ashfield, Findley, Oliver and Kent in June 2012 and November 2012. Representatives of AFN and First Nation governments provided testimony opposing Bill C-45 before both House of Commons and Senate Committees at study stage. The need for all legislation to be consistent with s. 35 of the Constitution Act and specific impacts of these Bills on First Nations territories was raised by the AFN at a meeting with the Prime Minister in January, 2013.

60 National Communications Efforts Chief Isadore Day, Chief Lynn Acoose, Leading up to the 250th Anniversary of Serpent River First Sakimay First Nation, the Royal Proclamation of 1763 Nation, ON SK THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Mandate the Assembly of First Nations (AFN) to work with interested First Nations in Canada to develop a draft national strategic communications plan to educate, update and inform all relevant audiences about the 250th anniversary of the Royal Proclamation of 1763. 2. Mandate the development of a nationally supported 24 hour televised special and fund-raising broadcast with appropriate public and private sector partners, including the Aboriginal Peoples Television Network.

UPDATE: Planning is underway to support activities in Canada and in Great Britain to commemorate the 250th Anniversary of the Royal Proclamation. The AFN has provided formal correspondence to Ministers of Canadian Heritage and Aboriginal Affairs as well as to the Governor General and High Commissioner for Canada in London, UK with regard to planning of an event possible on October 7, 2013 in Ottawa with a view to public education and commemoration and a delegation of leaders to travel to the UK to meet with the Crown in commemoration of the Royal Proclamation. Communications and public awareness efforts are currently under consideration and will be discussed at the National Elders Forum at the 2013 Annual General Assembly.

61 Collaboration on a Plan-of-Action for Chief Isadore Day, Chief Ron Evans, the 2014 Equalization Agreement Wiindawtegowinini – Norway House Cree Negotiations and a New Fiscal Serpent River First Nation, MB Relationship with Canada and the Nation, ON Provinces & Territories THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Recognize the significance and urgency for a new fiscal relationship, as it builds upon nation to nation relations between First Nations and Canada to provide necessary services and programs for people living in First Nations communities. 2. Demand that First Nations have an equal voice in discussions on all aspects of fiscal policy renewal and reform at the federal and provincial levels, including the Equalization transfer payment program. 3. Direct the National Chief and the AFN Executive to develop a position paper, legal opinion and action plan on the 2014 Equalization Payment Program Agreement negotiations. 4. Direct the National Chief and AFN Executive to send respective letters to the Prime Minister, the Premiers, and all Members of Canadian and Provincial parliaments, demanding that First Nations be acknowledged as a party in the 2014 Equalization Payment Program Agreement being negotiated; and that an oversight table be established by the National Chief, the Executive and interested First Nation leadership to advance an immediate strategy and report back to the next assembly. 5. Direct the National Chief and Executive, in collaboration with First Nations and regional and Treaty organizations to oversee the development of a comprehensive approach and plan-of-action, based on our Inherent and Treaty rights, that First Nations may use to negotiate any fiscal relationships with the federal Crown’s representatives and the province. 6. Require regular updates on the comprehensive strategy and a full presentation of the plan-of-action to the Chiefs-in-Assembly for their consideration.

UPDATE: AFN officials met with Senior level staff at the Ministry of Finance regarding this resolution. Officials described specific details on the program, its calculation, and its implementation (see copy on AFN website, “Equalization and 2014 Renewal”). It became clear that there have not been, and will not be, any negotiations for the 2014 Equalization Payment Program between the federal government and the provinces. Federal legislation (Federal-Provincial Fiscal Arrangement Act) outlines the formula, and while the federal government has previously engaged in multilateral consultations with the provinces, they are not required by law to do so. However, as per the resolution, the AFN is currently undertaking a legal opinion on the need to consult with First Nations concerning the Equalization program.

The program is reviewed and updated every 5 years. The 2014-15 revisions to the formula are complete and were announced at the December 2012 Provincial Finance Ministers Meeting, where it was stated that equalization would continue to grow in line with the economy and the technical review of the Equalization program by officials would continue. The Economic Action Plan 2013 Act sets out the federal government’s details on the renewal of the Equalization program.

Officials have confirmed that First Nation population data is used in the calculation of equalization payments however revenue generated by First Nations is not included in the calculations. Only revenue generated by the province (i.e. anything taxed) is included in the calculations of the equalization formula. Portions of revenue generated from natural resources are also included (ranging from 0% to 50%).

Overall, the meeting identified that the more appropriate outreach is with the Provincial Premiers and their respective Finance Ministers. AFN is drafting a letter to provincial premiers indicating the need to include First Nations in the determination of how funding derived from Equalization payments is distributed across the province. National Chief Atleo will raise this when meeting with Premiers in advance of the Council of the Federation meeting in July.

62 World Conference on Indigenous Cliff Atleo, Proxy, Ava Hill, Proxy, Six Peoples Kyuquot/Checleseht Nations of the Grand First Nation, BC River, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Encourage Indigenous Nations’ leaders and their representatives to become informed about this process and opportunities to participate in the preparatory activities and the World Conference on Indigenous Peoples (WCIP) in 2014. 2. Urge Indigenous Nations’ leaders and their representatives to actively participate in the process towards the WCIP to promote and advocate for an action-oriented and substantive outcome of the World Conference, with the aim of achieving full and effective implementation of the rights of Indigenous Peoples and Nations. 3. Instruct the Assembly of First Nations to assist in the dissemination of information about the WCIP to its members. 4. Urge the National Chief and National Executive to work with other Indigenous Nations’ governments and their representatives and non-governmental organizations within the North American Region to facilitate preparatory discussions to develop a strong and effective coordinated message and approach to the WCIP. 5. Urge Canada and all member States of the United Nations to present reports on what measures they have taken to effectively implement the rights of Indigenous Peoples and Nations including those included in the United Nations Declaration on the Rights of Indigenous Peoples at the WCIP. 6. Urge Canada and all member States to facilitate the full and effective participation of Indigenous Peoples and Nations’ leaders and their representatives in all UN and other international processes and meetings. 7. Call upon the United Nations system and all UN member States to ensure and advance the full and effective implementation of international standards that recognize, uphold, defend and protect the Rights of Indigenous Peoples including the United Nations Declaration on the Rights of Indigenous Peoples promoting the right to participate in decision-making.

UPDATE: The United Nations World Conference on Indigenous Peoples, a high-level plenary meeting of the UN General Assembly, is being planned for September 22-23, 2014 in New York City. There will be a number of preparatory meetings as the conference date approaches. Most recently, the Sámi Parliament of Norway hosted the Global Indigenous Preparatory Conference for the World Conference on Indigenous Peoples in Áltá, Norway, from June 8-13, 2013. An AFN representative participated in the conference as part of the North American First Nations delegation, as mandated by this resolution.

The main purpose of the preparatory meeting was to review the “outcomes document” that will be the focus of the UN World Conference on Indigenous Peoples in 2014. The North American First Nations delegation put in many long hours and days in an effort to ensure all concerns and priorities were incorporated into the document. All of the revisions brought forward by the delegation – dealing with fundamental matters like Treaties, rights, jurisdiction, the UN Declaration on the Rights of Indigenous Peoples and many others – were all incorporated into the draft outcomes document.

The draft outcomes document is grouped around four themes: Indigenous Peoples’ lands, territories, resources, oceans and waters; UN system action for the implementation of the rights of Indigenous Peoples; Implementation of the Rights of Indigenous Peoples; and Indigenous Peoples’ priorities for Development with free, prior and informed consent. The current draft of the outcome statement is available on the official website of the UN World Conference on Indigenous Peoples and get more information about the event and lead-up activities at: http://wcip2014.org/

63 Support for the Appointment of the Chief Maureen Chief Glenda Campbell, Seven BC First Nations Gaming Chapman, Skwawahlook Tzeachten First Nation, Commissioners to the BC First Nations First Nation, BC BC Gaming Commission

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support ratification of the appointment of seven individuals to the BC First Nations Gaming Commission based on the following criteria, as per the Terms of Reference Framework (November 2012): a. Three (3) Commissioners will be appointed, one from each of the respective Provincial First Nations Organizations executives: i. One (1) from the BC First Nations Summit ii. One (1) from the Union of BC Indian Chiefs iii. One (1) from the BC Assembly of First Nations b. The remaining four (4) Commissioners would be selected from the list of former Chairs of the BC First Nations Gaming Committee based on their long-standing efforts and commitment to this initiative. This is the list of former Chairs to be appointed to the Commission: i. Grand Chief Joe Hall, or alternate ii. Dr. Judith Sayers, or alternate iii. Chief Shane Gottfriedson, or alternate iv. (Only after March 31, 2013) Chief Sophie Pierre, or alternate

2. Support the establishment of a First Nations Gaming Advisory Council made up of gaming experts from across Canada to assist and advise the BC First Nations Gaming Commission.

UPDATE:

AFN is awaiting direction pending the election and appointment of the commissioners, which was anticipated to be completed by June, 2013. 64 Support for Missing Children of Chief Keith Corston, Alvin Fiddler, Proxy, Canada’s Residential Schools Chapleau Cree First Wapekeka First Nation, Nation, ON ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to facilitate a dialogue with directors of the National Indian Brotherhood Trust Fund (NIBTF) on completing the Missing Children's Project. 2. Direct the AFN to ensure that the NIBTF engage the parties to the Indian Residential School Settlement Agreement, including the provincial governments, to repatriate the remains of children who died at an Indian Residential School to their home communities.

UPDATE: Under the terms of the IRSSA, once the Common Experience Payments (CEP) are paid, if the balance of the CEP Designated Amount Fund is more than $40 million, all CEP recipients are to receive Personal Credits for education purposes to a maximum value of $3,000 per person (no cash value). The Personal Credits are only redeemable for personal or group education services provided by education entities or groups pursuant to terms and conditions being developed by Canada and the AFN.

Under the terms of the IRSSA, following the payment of Personal Credits to all eligible CEP recipients, including administration costs, all excess funds remaining in the Designated Amount Fund on January 1, 2015, will be transferred to the National Indian Brotherhood Trust Fund (NIBTF) and Inuvialuit Education Fund (IEF) to be used for educational programs under terms and conditions agreed to between Canada, NIBTF and IEF. A Request for Direction is currently being filed with the supervisory courts to finalize the terms and conditions of the personal credits.

The AFN continues to work with the Truth & Reconciliation Commission on many issues including children who went missing or died at an Indian Residential School.

65 First Nations and Inuit Tobacco Control Lori Duncan, Proxy, Chief Andrea Paul, Initiative – First Nations and Inuit Tr’ondek Hwech’in Han, Pictou Landing First Component of the Federal Tobacco YK Nation, NS Control Strategy

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Signal they will refrain from endorsing or participating in the National First Nations and Inuit Tobacco Control Initiative – First Nations and Inuit Component of the Federal Tobacco Control Strategy (FNITCI- FNICFTCS) unless criteria are revised to remove those elements that interfere with First Nations sovereignty and jurisdiction over tobacco control including pricing, taxation and revenue reimbursement. 2. Direct Health Canada to develop a mutually agreed upon appropriate consultation and engagement strategy that includes AFN National, Regional and First Nations participation in this strategy and future development of strategies that impact First Nations. 3. Direct Health Canada to establish a national advisory Body which includes National and Regional representation to revise the elements of the FNITCI-FNICFTCS. 4. Direct Health Canada to re-focus the strategy to address prevention, cessation and education. 5. Direct the National Chief to communicate with Health Canada to insist that nothing in the revised FNITCI-FNICFTCS will be construed so as to abrogate or derogate from any existing Aboriginal or Treaty Right of Aboriginal people in Canada under Section 35 of the Constitution Act 1982 particularly those elements from the strategy which interfere with First Nations’ sovereignty and jurisdiction over tobacco control including taxation.

UPDATE: A letter was sent to the Minister of Health informing her of concerns with the FNITC as outlined in this resolution. Health Canada responded that they are continuing with the initiative; however, they have not launched or released any funds to regions. The AFN is currently conducting a legal analysis to address issues of sovereignty and jurisdiction.

66 Action for Securing Our Future through Chief R. Donald Chief Peter Collins, Fort Injury Prevention Maracle, Mohawks of the William First Nation, ON Bay of Quinte, ON THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations and National Chief to coordinate and facilitate national advocacy efforts for injury prevention. 2. Support a call to all levels of governments and associated departments in Health and Social Services, Education and Employment, Justice and Public Safety and Aboriginal Affairs and Northern Development, to immediately provide resources to support the development and implementation of a comprehensive national strategy and initiative to establish community programs and reduce the burden of injuries in our communities to secure our future for generations to come.

UPDATE: Injury Prevention continues to be unfunded and the AFN has been drawing on expertise of the National Public Health Experts Advisory Committee. The AFN continues to raise awareness and look for partners/funding that allows for the development of the National Injury Prevention Strategy, including working with the Canadian Red Cross to renew our memorandum of understanding.

67 Nutrition North Canada Program and Alvin Fiddler, Proxy, Chief Rex Knapaysweet, the Direct Impact on Remote First Wapekeka First Nation, Fort Albany First Nation, Nation Communities ON ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations to request the federal government to classify all remote communities as eligible for full subsidy rates and provisions under Nutrition North Canada Program, including the Nutrition North Education Program and to reinstate the subsidy for hunting and fishing supplies and non-market based traditional meats.

UPDATE: The AFN continues to advocate for all remote communities to be eligible for full subsidy rates and provisions. Unfortunately, to-date the AFN has been unable to change/modify the list of eligible communities for the Nutrition North Canada program but this work continues. 68 First Nations Approach to Resolving Chief Dean Sayers, Chief Lyle Sayers, Shared Territories Batchewana First Garden River First Nation, ON Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to develop a proposal that could lead to the establishment of a framework / mechanism to address and resolve issues of overlapping territories on a Nation-to-Nation basis. 2. Direct the AFN to present this proposal to the Chiefs-in-Assembly at the Annual General Assembly in 2013.

UPDATE: A proposal on resolving issues of shared or overlapping territories is currently being developed and will be presented to the Chiefs-in-Assembly for consideration as soon as possible.

69 Support for Kaska Nation Action to Chief Liard MacMillan, Chief Jack Caesar, Protect Their Rights and Territories Liard First Nation, YK Ross River Dena Council, YK

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the Kaska Nation and Yukon First Nations in their actions to have the Yukon rescind its plan to unilaterally change the Yukon Oil and Gas Act and break agreements guaranteeing the Kaska’s consent veto over Oil and Gas development in their Territory. 2. Direct the National Chief to assist the Kaska in persuading the Yukon and federal governments to honour the Kaska request to finally negotiate with the Kaska and resolve these issues.

UPDATE: Efforts have been made to reach out to Kaska leadership. AFN will provide support as requested.

70 Discrimination Against Indigenous Chief Keith Corston, Alvin Fiddler, Proxy, Persons with Disabilities and the Chapleau Cree First Wapekeka First Nation, Criminal Justice System Nation, ON ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to work with other advocates to ensure that Section 11(e) of the Canadian Charter of Rights and Freedoms, related to proceedings in criminal and penal matters is properly respected and that the courts ensure that pre-trial release is extended to persons with Fetal Alcohol Spectrum Disorder (FASD) and principles of sentencing are amended to reflect the unique nature of this disorder. 2. Direct the AFN to advocate for research on how and when the courts are denying bail to First Nation persons with FASD.

UPDATE: Research has begun into this matter and is ongoing. As well, the AFN has had exploratory discussions on moving this forward and will provide a strategy for discussion in Fall 2013.

71 Sustainable Funding of Nishnawbe Aski Chief Keith Corston, Alvin Fiddler, Proxy, Police Service Chapleau Cree First Wapekeka First Nation, Nation, ON ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN to convene a meeting of the federal and provincial governments to identify a process that will lead to a sustainable funding model to meet policing priorities for the Nishnawbe Aski Nation and other First Nation police services. 2. Endorse and support the Mushkegowuk Council complaint on ineqitable policing services at the Canadian Human Rights Tribunal and direct the AFN to support this complaint.

UPDATE: The AFN will continue to meet with officials from Public Safety Canada to design a Nation process to enable regional strategy sessions aimed at developing an approach to deliver community and culturally appropriate police services. The goal of this work is to enable each region to identify their public safety priorities and address regionally specific issues and concerns.

In an effort to address the sustainable funding issue, on March 4th, 2013, after a meeting with Chiefs from Quebec and the National Chief, the Minister of Public Safety Vic Toews announced that the federal government will maintain funding for First Nation policing agreement over the next 5 years. Although this is seen as a positive first step the focus now must shift to addressing the chronic levels of underfunding provided to law enforcement agencies providing services to First Nation communities.

As part of the National Strategy, the AFN will continue to monitor and fully support the Mushkegowuk Council’s complaint to the Canada Human Rights Tribunal on inequitable funding levels for First Nation police services.

72 Support for the Adam Beach Institute & Chief Ron Evans, Chief Barry Swan, Lake Foundation Norway House Cree Manitoba First Nation, Nation, MB MB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the establishment of the Adam Beach Foundation and its efforts to establish a National Training Institution and Feature Film Fund to enhance opportunities for First Nation youth to access the feature film industry and increase understanding among Indigenous and non-Indigenous people. 2. Direct the AFN to seek a set aside fund within the Telefilm Feature Film envelope of at least 6% of the total amount, to support the development and licensing of culturally relevant First Nations film. 3. Mandate the AFN to provide letters of support for the Adam Beach Film Institute & Foundation where requested.

UPDATE:

In April 2013, the National Chief expressed support for the Adam Beach Film Institute and the Adam Beach Film Fund in a letter to the Canada Revenue Agency, encouraging Minister Shea to assist efforts to raise funds to enhance opportunities for First Nation youth access to the feature film industry. 73 Support for First Nation Veterans of Nathan Matthew, proxy, Chief Percy Joe, Canada Whispering Pines/ Shackan Indian Band, Clinton First Nation, BC BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the AFN Executive and National Chief to make every effort to assist the veterans in the pursuit of justice for First Nation Veterans and establishing an office for the First Nation Veterans.

UPDATE: The AFN continues to work with First Nations veterans to ensure their fair treatment and recognition of their efforts.

74 William v. British Columbia decision Arthur Manuel, proxy, Chief Madeleine Paul, (Tsilhqot’in) (2012 BCCA 285) Neskonlith Indian Band, Eagle Village First BC Nation – Kipawa, QC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Condemn the Tsilhqot’in decision of the BC Court of Appeal as racist and denigrating to First Nations peoples in Canada, and contrary to international law. 2. Reject any notion that the principle of “reconciliation” includes the so-called “postage stamp” theory of Aboriginal title, or any aspect or connection whatsoever to the doctrines of tera nullius and discovery. 3. Call on the governments of Canada and BC and the Courts to reject the doctrines of terra nullius and discovery as recommended by the Royal Commission on Aboriginal Peoples. 4. Call on the Governments of Canada and BC to respect and recognize the legitimacy of Indigenous laws, governance and systems of land use and occupation, and to refrain from making any arguments in court based on the racist theories of tera nullius and discovery. 5. Call on the governments of Canada and BC to honour and implement the United Nations Declaration on the Rights of Indigenous Peoples; 6. Support an AFN intervention in the appeal of the BC Court of Appeal’s decision in William v. British Columbia if this decision proceeds to the Supreme Court of Canada, and authorize the national Chief to ensure coordination with the Xeni Gwet’in First Nations Government and the Tsilhqot’in Nation and their legal counsel.

UPDATE: The AFN has retained Legal Counsel to apply for leave to intervene in the William case now before the Supreme Court of Canada. The AFN has participated in a number of conference calls with Counsel for the Tsilhoqt’in and other potential interveners to determine how best to support their appeal.

75 Support for Sagkeeng First Nation to Chief Donavan Fontaine, Chief Simon Fobister, conclude a fair agreement with Sagkeeng First Nation, Grassy Narrows, ON Manitoba Hydro MB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Call upon Manitoba Hydro to recognize the historic and future impacts of hydro development upon the Sagkeeng First Nation and to deal with them on a fair, principled and equitable basis, rather than arbitrarily. 2. Support the Sagkeeng First Nation in its efforts to arrive at a fair and just agreement with Manitoba Hydro. 3. Demand that the Province of Manitoba immediately consider options to explore revenue sharing models, in collaboration with First Nations, to ensure that all First Nations in Manitoba receive their rightful share of benefits derived from the development of their natural resources. 4. Reinforce the critical importance for all provinces and development companies to achieve reconciliation with First Nations arising from past resource development projects. 5. Support the involvement of First Nations in sharing revenues derived from the on-going and future development of natural resources in First Nation traditional territories.

UPDATE: Correspondence from the AFN to the government of Manitoba regarding Resource and Revenue Sharing was issued consistent with this resolution. The AFN will provide ongoing support.

76 Addressing the Policing Crisis at the Chris Henderson, proxy, Chief Ron Evans, Northlands Denesuline First Nation, Lac Barren Lands First Norway House Cree Brochet, Manitoba Nation, MB First Nation, MB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the National Chief to call on the Minister of Public Safety, as a party to the Manitoba Provincial Police Service Agreement to ensure public safety, security, and to provide necessary policing at the Northlands Denesuline First Nation. 2. Call on the Minister of Public Safety to specifically: a. insist that Manitoba and the RCMP take immediate steps to place a permanent RCMP presence on the ground at the Northern Denesuline First Nation at least until such time as secondary policing services by First Nation Special Constables supported by adequate resources and equipment can be established; b. recognize that the secondary policing services provided by First Nation Special Constables with peace officer appointments under Part 8 of the Manitoba Police Services Act are an essential part of the policing services delivered under the Manitoba Provincial Police Service Agreement (MPPSA); c. agree to include all of the costs of training, salaries, insurance and equipment for First Nation Special Constables as part of the expenditures and under the 70-30 cost-sharing arrangement between Manitoba and Canada under the MPPSA. UPDATE: On March 4, 2013, after a meeting with Chiefs from Quebec and the National Chief, the Minister of Public Safety Vic Toews announced a multi-year commitment to stabilize funding with the federal government maintaining funding for First Nation policing agreements over the next 5 years. Although this is seen as a positive first step, the focus now must shift to addressing the chronic levels of underfunding provided to law enforcement agencies providing services to First Nation communities. All jurisdictions must engage in this dialogue regarding critical issues of community safety support. On May 30, 2013 the National Chief met with the RCMP Commissioner and his Senior Management to push for a more sustained effort by RCMP to work with First Nation communities on their public safety needs. In conjunction with First Nation governments, First Nations Chiefs of Police Association and regional organizations, the AFN will develop a National Strategy on First Nation Policing to foster greater networking amongst First Nation communities and strategic planning on public safety needs from the Indigenous perspectives. The AFN will continue to facilitate meetings between Public Safety Canada and First Nation leaders to address their public safety needs and find solutions to the chronic under funding faced by First Nation police services.

77 Urgent Call for Health Canada to Chris Henderson, proxy, Chief Ron Evans, Address the Cancer Cluster at the Barren Lands First Norway House Cree Northlands Denesuline First Nation, Lac Nation, MB First Nation, MB Brochet, Manitoba

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the National Chief to call on the Minister of Health, in collaboration with the Northlands Denesuline First Nation, to immediately initiate a comprehensive study of and an investigation into the cancer cluster in the community, which shall include an examination of the possible relationship between known and suspected high background levels of radioactive materials, including air-borne radon gas and water-borne uranium, and the incidence and rate of cancers and tuberculosis.

UPDATE: There are ongoing efforts by the AFN to collaborate with the Northlands Densuline First Nation to support a comprehensive study and investigation into the cancer cluster in the community.

78 Support for the Innu Meshkenu Project Chief Maureen Chief Madeleine Paul, Chapman, Skawahlook Eagle Village First First Nation, BC Nation – Kipawa, QC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support the Innu Meshkenu Project and pledge to cooperate with Innu Meshkenu Project organizers when the Innu Meshkenu Walk passes through their respective communities, or during any other event related to the Innu Meshkenu project. 2. Commit to writing letters to support and to assist Innu Meshkenu Project organizers in their efforts to obtain funding and political support.

UPDATE: The AFN will support the Innu Meshkenu Project as requested.

79 Implementation of the Specific Claims Chief Arlene Slipperjack, Chief Marcia Brown, Political Agreement of 2007 Whitewater Lake First Beaverhouse First Nation, ON Nation, ON

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support a reconsideration and revitalization of the Specific Claims Political Agreement of 2007 as a platform to establish a formal claims resolution process for communities like Whitewater Lake First Nation seeking band and/ or reserve status (i.e., so-called “landless” bands). 2. Direct the Chiefs Committee on Claims (CCoC), as the appropriate AFN body, to focus on the situation of First Nations seeking band and/ or reserve status, and that the CCoC re-affirm that the Chief of the Whitewater Lake First Nation and other interested Chiefs from across Canada are welcome to participate in all discussions of the CCoC. 3. Direct the CCoC to develop a formal position to enter into negotiations with the federal government, based on the 2007 Political Agreement or by mutual agreement, to address the issues of communities like Whitewater Lake First Nation. 4. Recognize the dire social and economic circumstances of communities like Whitewater Lake First Nation, and are committed to treat this work as a national priority for the AFN with a full report on progress to be provided to the Chiefs-in-Assembly prior to the end of 2013. 5. Direct the National Chief and Executive to work with communities like Whitewater Lake First Nation on the advancement of its social and economic priorities, including the establishment of a formal claims resolution process for communities seeking band and/ or reserve status.

UPDATE: The AFN has raised the issue of so-called “landless” bands with Canada on several occasions and brought the matter for discussion to the CCoC this past March. Efforts are ongoing to get a formal process in place to address Canada’s absence of a clear policy in this regard.

80 Support for Fort Nelson First Nation Chief Daniel Manuel, Chief Ian Campbell, Call for a Moratorium on all Water Act Upper Nicola Indian Squamish Nation, BC Licencing for Fracking Band, BC

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Support Fort Nelson First Nation in their call for a moratorium on all Water Act licencing and assessments for hydraulic fracturing in their traditional territories until: a. Full joint regional baseline studies are completed in the Shale Gas plays in British Columbia; b. Companies and the Province are required to submit multi-year pre-development plans that identify all proposed water sources, well sites and other proposed infrastructure prior to any development permits being applied for; c. Mutually agreed, cumulative effects and environmental assessment processes are in place to ensure that gas industry water withdrawals are capped at acceptable levels to First Nations; d. Culturally significant land and water resources are protected and made off-limits to industry activities; e. Industry water withdrawals and associated gas extraction activities are subject to rigorous monitoring and enforcement efforts by an independent body. 2. Direct the Crown to convene a commission of inquiry to investigate in an in-depth manner the cumulative effects of shale gas developments on the environment and public health and safety. a. The commission composition shall include First Nation representation and have, as part of its mandate, a policy framework that would assess and accommodate cumulative impacts on the land, air and water and Aboriginal and Treaty rights and interests in First Nations' territories affected by shale gas development; b. That such an inquiry have the power to compel witnesses to testify, be open to members of the public, be required to publicly report its findings and make recommendations on how to mitigate cumulative impacts and accommodate First Nation interests and ensure compliance in the oil and gas industry.

UPDATE: The AFN continues to support First Nations in their calls for moratoriums on shale gas fracking. In addition, the AFN has ensured First Nations representation on a national study to assess the cumulative impacts of shale gas fracking and to advocate that study include analysis of cumulative impacts on First Nations lands, air waters and inherent and treaty rights.

81 Following Indigenous Protocols and Chief Lynn Acoose, Regena Crowchild, Ceremonies with Respect to Water Sakimay First Nations, proxy, Tsuu T’ina First SK Nation, AB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Direct the Assembly of First Nations (AFN) to follow appropriate Indigenous protocol and ensure that ceremonies are conducted to honour the water spirits and these ceremonies need to be done as early as the spring assembly of AFN to ensure that our work is done in a proper and respectful way. UPDATE: The AFN will continue to ensure that water is honoured through ceremony at gatherings where water is being discussed. The AFN recognizes the sacredness of water and the role of women as the keepers of water. The AFN participated in the 2011 Water Walk, arranged for an Elder to perform opening ceremony at recent water events and conferences. The AFN will work with the AFN Women’s Council to honour the sacredness of water through a water ceremony that will be performed at the 2013 AFN AGA water strategy session.

The importance of ceremony is included in the National First Nations Water Strategy as follows: “First Nations have sovereign, Inherent and Treaty rights over the land and waters in their traditional territories, and continue to assert and exercise their rights and responsibilities through ceremony…”

82 Speedy Resolution of the Akaitcho Chief Maureen Chief Ron Evans, Land Claim Process Chapman, Skawahlook Norway House Cree First Nation, BC First Nation, MB

THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly: 1. Encourage the Crown to continue with the Akaitcho Negotiation Process in an expeditious manner and provide adequate and proper funding to complete the process.

UPDATE: The AFN will support Akaitcho in any way that it can at the request of Akaitcho leadership.