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The Law Courts Inn: Governance: Yesterday, Today and Tomorrow

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The Law Courts Inn: Governance: Yesterday, Today and Tomorrow Governance Yesterday, Today and Tomorrow Chief Patrick Michell Kanaka Bar Indian Band Thursday May 4, 2017 at 12:30 pm The Law Courts Inn (Vancouver) 800 Smithe Street – 4th Floor Kanaka’s Website: http://www.kanakabarband.ca What is Governance? Common Themes Somebody at the Top Rules and practices that regulate life • Monarchs, Presidents, Prime • “Might makes Right” and the “Golden Rule” Ministers, and Premiers • The 10 Commandments • What about Warlords, Dictators and • Bible (2000 Years) and Quran (1400) people like Hitler? • Examples of all the universal holy books • House of Lords, Commons and • Magnacarta (Britain 1215) Senate • American Bill of Rights (USA 1776) • CEO’s and Managers? • British Colonies (BC 1858) • Academic Institutions & • Canadian Constitution (1867 & 1982) Municipalities • Legislated statutes and regulations and policy • Teachers and Parents • Corporate Bylaws Is governance a static or a living thing? Governance Challenge First Nation Diversity Therefore: • 633+ Bands in Canada • 203+ Bands in BC • No “one size fits all” • 27 “Nations” in BC • Matrilineal or Patrilineal • Hereditary or “elections” Each with similar but also different stories of governance. • Community based model or centralized Nation body Where is the writing? Nlaka'pamux Governance Yesterday 7000 Years of Governance: handed down orally through daily interaction… …then came change! June 20,1808 Simon Fraser arrives at Lytton and says: “They have a great many Chiefs” What is a Chief? What is a Kokpi? KOKPI SYSTEM: leadership though knowledge, skill set, charisma or oration. Nlaka'pamux (The People Here) Couteau Tribe or The Thompson Indians? Nlaka'pamux Nation Lands T'eqt''aqtn' Traditional Territory The crossing place Nlaka’pamux Contact and Colonization Time Immemorial then….change! Where are we now? 1972: Calder decision 1808: first contact with Simon Fraser • Nlaka'pamux Name change) 1982: Constitution Act of Canada 1846: Colony of Vancouver Island • Section 35 1857: Fraser Canyon War starts 1992: Sparrow decision • Nlaka'pamux Unification occurs • Natural Resources Agreement 1858: Colony of British Columbia • Kanaka Name Change 1997: Delgamuukw 1867: Canada’s Confederation (British North America Act) 2003: Nlaka’pamux Writ in BCSC 1871: BC joins Canada (Article 13 “Terms of the Union”) • Seeking declaration of Title 1876: First Consolidated Indian Act 2014: Tsilhqot'in decision • Created Bands and Chief and Council 1967: Canada’s 100th birthday 2016: UNDRIP • Lament for Confederation 2017: Canada’s 150 Birthday http://www.kanakabarband.ca/downloads/memory-loss-and-sorrow-2010.pdf Nlaka'pamux Governance Colonisation “froze us time” Years of “Subjugation, Oppression and Denial “ Equates to a 1970’s Status Quo • Indian Act • 69 Nlaka’pamux communities now 15 Bands • Anger • Indian Act defines “Chief and Councils” • Jurisdiction defined and limited to reserve • Despair boundaries • Reserve lands • Frustration • Kanaka has 6 Reserves (700 acres) from which 250 were appropriated for public rights of way. • Dependency • Residential Schools • Closed in 1976 (no language, disconnection from • Suicide, addictions and all those land, family and traditional knowledge transfer) other social ills! • Court case after Court case • Indigenous Title and Rights (still denied?) • We never evolved into a Nation state. How are we supposed to act as a Government today then? Kanaka Governance Like the old ways – at the community level Change the Status Quo Create both a Vison and Goals • Looked at what was happening around us (awareness) • Energy • Began making small scale changes • Food in the way we lived (housing, offices, • Employment administration, relationships etc.) • Financial • Chose one “major” project for advancement (learning opportunity) • Began Codifying (writing down) And the foundational policy and laws, and policy and plans. infrastructure to make it last. Community Vision Statement: return to a self-sufficient, sustainable and vibrant community. Separate Economic Lot-16 Development Arm Water licence for Acquired HR Kwoiek Creek Policy Another CEO Adoption of Bi-annual Membership Code FAL and Planning Process Election Code Certified by CEDP New Fee- Simple Birth of the idea for Governance Code FMB Properties a renewable energy Kwoiek’s 7th Wellness project EAO Certificate Refinancing Regular Council & Gen CWPP Plan Community Meetings CEBF LUP Website 1978 1990 2006 2009 2012 2013 2014 2015 2016 Health Housing ECDA FCRSA Department Program EPA acquired from Solar Organization BC Hydro Hired a SFU Pilot Territorial & Situational New Lands Research Intern Project Lands Analysis Council Department Strategy Xyntax Hired a CEO Organization Siwash Chart Kwoiek Creek Partnership New Sub-division Project achieved Development C.O.D Food Self- sufficiency Pilot Project Kanaka’s Current organizational chart Separating: • Business and politics • Social from Profit • Decision making from implementation http://www.kanakabarband.ca/about-us/our-organization Organizational chart (holistically) At Kanaka Governance is…. Transparency, Accountability and Recall • Website updated weekly • All plans and strategies are online • Bi-annual reports online • (last 6 months and next 6 months) • Meeting with membership every 3rd Thursday – starting at 5:00 • A verbal 30 day look back & next 30 days • Last agenda item is recall • Office open Monday to Friday with a toll free number • Council and managers available for one on one • AGM for band and all corporations. • Membership have telephone and email access to community lawyers and accountants. These Snip from our Summer Plan 2017 – all online professionals also come to the office. Information is Power and Kanaka gives it away for free! Governance Today Challenges Everywhere for Everyone Focus 4 Deficiencies • distractions, curveballs and spontaneity Decisions • Technology • live with success and learn from • Time failure (on small scale) • Money Work/Life Balance • People • Family, children and self Jobs and Economy • Wealth transfer What Kanaka is working on….overwhelming! • Still working on the dependency • Decreasing Federal Transfer Dollars mindset (learning/unlearning) • Climate Change • Kinder Morgan Pipeline • Wild Salmon disappearing • Highland Valley Mine • Forest Fires • Heat • CNR and CPR • Erosion and Sediment Controls • BC Hydro • Water Quantity and Quantity • Highways • Ecosystems are changing • Revenue Sharing with Province • Mapping the past and present land and resource uses • Addressing housing conditions • Wind, Solar and hydro projects • Reducing food and energy imports • Reintroducing Agriculture • Establishing own source revenues What is Governance Then? At Kanaka Governance is: To Produce: 1. Leadership • Recovery 2. Community • Transparency and Accountability 3. Balance • Stability and Fairness • Predictable quality of life 4. Decision Making All of which is sustainable for our What is the Priority? future generations. What we do to the land, we do to ourselves! Governance of Tomorrow What's Next for Kanaka Then? …Foundational infrastructure for the Continue Self-sufficiency Goals and… small scale economies of tomorrow! • Energy • Food • Employment • Financial Plus creating the documents and processes that guide us today but remain flexible enough to adapt to the needs of tomorrow. What needs to be written next? Governance for the Rest of the World “Leaders that Lead” “Same old Same old” or …. ….I’m thinking first steps….Transition • That 1% thing • End the go big or go home mentality • growing inequity creating more • Promote Small scale diversity marginalized people • Reduce high and lows • Promote return to regional based • Import/Export market uncertainty economies • Government Instability • good neighbors, sharing and cutting back on the wants • Ecosystem, species and population • Reduce dependency on the global market shifts (consider economic leakage and produce that what we need) • Prices going up while everyone's • Motivate and subsidize harm reduction revenues go down and harm reversal programs and sustainable industries OR (next slide please) The Fall of 2017 “Let them Eat Cake?” The current “governance” messaging out there is scary. Are our Leaders in denial? When a government does not listen nor make the changes that were promised, what can we, as the population, do? • Give Up • Accept return of the “might makes right” and the “golden rule” • Recall (the current ABC campaign) • Protest • Revolution Governance and Climate Change There is no planet B We are all in the same boat! Its real and what's happening will Climate Change Adaption increase in: • Frequency • intensity and • duration creating both a global slow down and ultimately a systemic shut down of our economies due to the now overwhelming crises. What we have done we can undo. Governance is Entities Working Together Areas of Commonality Federal Government • Governance • Lawyers & Financial Institutions • We all need each other Provincial First Nations • We all need certainty Government • We all have future generations Developers What are you advising your clients? Thank You – Questions?.
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