Bilateral 101 Power Point Presentation

Report
Bilateral 101
Treaty 8 Bilateral Process Background 1997 to 2008
Vision of Dr. Harold Cardinal
& Chiefs 1997
Principles: treaties, governance
Land & resources, Ec dev.
Dr. Cardinal
Work began on the
Appointed
Declaration
Chief
Negotiator
of Intent (DOI)
document
Declaration of Intent was signed
by Minister Jane Stewart and
Grand Chief Eddie Tallman
Commence work on
the agreement in
principle (AiP)
Dr. Cardinal appointed as Treaty
8 Advisor for Bilateral Process
A Federal committee JSOC
(joint senior official
committee) was set up
Letter of Instruction (LOI)
was signed by Minister Jane
Stewart and Chief Eddie
Tallman to forge ahead
Major problems to the process was
the cycle of delay for funding
Resolution passed
To initiate Bilateral
Process (Oct, 97)
Focus: community
consultation and
political consultation
and capacity
development at T8
office
Hosted the 1999 commemoration
celebration at Kapawe'no
Treaty 8 hosted the first “Elders and
Youth gathering” at the U of A
Minister Nault met
with Treaty 8 Chiefs
at Bushe River
Preliminary
framework
agreement on
Treaty
discussions
and inherent
right to self
government
Chiefs committee
on Bilateral
Process appointed
In depth research on
various government
agreements was done by
Dr. Cardinal and Associates
Focus on “Practical
Measures” was initiated
based on key Treaty
provisions; education,
health, livelihood and
governance
22 BCR’s
were
submitted
to INAC to
support
Bilateral
Process
A meeting with Elders,
women and youth was
held in Edmonton
Billy Joe
Laboucan
conducted
Elder’s
interviews
Province became
involved as
“observers”
Preliminary Treaty
research was
conducted in
livelihood, health
and education
Garry Wouters was contracted
to do budget and proposals for
capacity development
Harvard project was initiated
with 4 pilot projects: Swan
River, Duncan, Dene Tha’
Mikisew related to
governance and Economic
Development
Inherent right to selfgovernment signed off by
Grand Chief Frank Halcrow
& Grand Chief Archie
Cyprien
Treaty Elder’s gathering held
in High Level where Elder’s
advisory council requested to
expand with 2 representatives
from each First Nation
A draft
Agreement in
Principle was
written by
Sheldon
Cardinal
Elder’s
meeting
held in
Grande
Prairie
Two community
consultations
coordinators
were hired
A communication
technician was
hired to assist the
communication
coordinator
Expansion of Chiefs
committee on Bilateral
to include Treaty 8
Executive board
Technical advisory committee
was set up to include Tribal
Council Executive
Directors/CEO in the Bilateral
process
Current focus on
practical measures
and citizen
engagement
Strategic planning
session think tank
was held in
Edmonton
Several separate
meetings with JSOC,
Technical Advisory
committee, and
Minister Andy Scott
Treaty 8
Chiefs and
Elders
Gathering,
January 06
JSOC meetings
held annually
Further research
on livelihood is
conducted
AFN signed a
Political Accord
to development
of Treaty
Implementation
Policy
Treaty 1 – 11
Gathering
held in
Edmonton
Several
AiP
chapters
drafted
Chiefs Committee on
Consultation Policy
Committee was
established by Elders
and Chiefs
Chiefs Committee on
Bilateral is renamed to
Treaty Based Bilateral
Board (TBBB)
Joint effort to host
“Bilateral and the
Community”
workshop
Draft AIP Framework,
January, 2008
Citizen
Engagement
with Tribal
Council Focus
Joint effort from Education,
Health, Livelihood, Children’s
Agenda and Bilateral to host a
“Bilateral and the Family “
Workshop
Citizen
Engagement
with First
Nations
Blue print
developed and
adopted by
Treaty 8 and
Canada
Draft Chapter
2-General
Provisions
developed
Tentative joint
effort to host
“Bilateral and the
Nation” workshop
in March 2009
Draft Chapter
4-Membership/
Citizenship
developed
Treaty
Symposium
held in
November,
2008
JSOC meeting with Dr.
Harrison ADM & Grand
Chief Noskey, and other
representatives from
Treaty 8
Option papers
completed on
Fiscal and
Implementation
chapters
Currently citizen
engagement with
focus groups: First
Nation Leadership,
women’s council,
&Youth Council
Principles to Guide the Process
Involvement of our Elders
True Spirit and Intent of Treaty No. 8
Inherent Rights
Resolutions of Disputes
Comprehensive communication (citizen engagement) with
our members
Organizational capacity (youth, women and Elders and not
living on reserve members)
Embrace and promote United Nations Declaration on the
Rights of Indigenous Peoples
History of Chief Negotiators
(Late) Dr. Harold Cardinal –Treaty 8
Tim Christain –Federal
Garth Corrigall –Treaty 8
Ken Boutillier –Federal
Jerry Paulette –Treaty 8
Ken Boutillier –Federal
Foundation Documents
Declaration of Intent
 Lead a joint understanding of the Spirit and Intent of Treaty No.8
 Find ways to resolve outstanding issues related to Treaty No.8
 Implement an Inherent Right to self-government
Bilateral Framework Agreement
 Establish a process to negotiate a new relationship that is consistent
with and builds on existing Treaty No. 8 relationship
 Work towards a Governance Agreement-in-Principle and Final
Agreement
 Develop healthy, vibrant communities
*
Decision Makers
Joint Committee
 Grand Chief of Treaty 8 First Nations of Alberta
 Minister of Indian Affairs
Joint Senior Official Committee (JSOC)
 Executive Board representatives
 Assistant Deputy Ministers (ADM)
Treaty Based Bilateral Board (TBBB)
 Chief representatives
 Tribal CEOs
Working Groups
Technical Secretariat
 Treaty 8 Directors
Elders Council
 2 representatives from 23 First Nations with
Treaty 8 (Alberta)
Women’s Council
 1 representative from 23 First Nations with
Treaty 8 (Alberta)
Youth Council
 1 representative from 23 First Nations with
Treaty 8 (Alberta)
Significant Changes
Treaty Based Process
Practical Measures involvement

Education, Health, Children’s Agenda, Livelihood
Citizen Engagement focus
AIP development
Constitution Development
The Bilateral Process is mandated to bring RECOGNITION and
HONOR to the Inherent Rights of Treaty 8 peoples and their
First Nations/Bands.
The Bilateral Process is in partnership with the Government of
Canada
the Declaration of Intent, 1998, provides the guidelines:
(Treaty Based relationship with Treaty Principles)
1.
2.
3.
Joint understanding of SPIRIT AND INTENT of Treaty No. 8.
as it is understood and passed down by the Elders through
our oral history
Resolve outstanding issues.
Develop and implement an Inherent Right to SelfGovernment.
22 BCRs support the Bilateral Process
• The formal process of achieving self-government
with Canada is through a legal document called the
Agreement-in-Principle.
• The process includes drafting the AiP through
negotiations between Treaty 8 First Nations of
Alberta and Canada.
• This process will not derogate or abrogate Treaty No. 8
• Self-Government process is an opportunity for our
First Nations/Bands to develop their own forms of
Governance on our HEREDITY and ENVIRONMENT.
• The character of a government is shaped by forces
of heredity and environment. (Dawson, Government
of Canada)
• This is an opportunity towards Nation Building for
Treaty 8 (Alberta).
Agreement-in-Principle (AiP)
•
A document that can be used to guide the
negotiations in Nation Building and is usually
formatted by chapters . This a format that Canada
follows. Treaty 8 First Nations of Alberta draft AiP
has 17 proposed chapters.
•
This AiP must have the input of the Treaty 8 (AB)
members, which is “YOU”.
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
*
Definitions
General Provisions
Relationship of Laws
Membership
Treaty 8 First Nations Governments
Treaty 8 Governance
Child Youth and Family
Education
Health
T8 Lands
Fiscal arrangements
Taxation
Own Source Revenue
Dispute Resolutions
Intergovernmental Relations
Future Sectoral Chapters
Implementation
Tentative outline of chapters, more may be added as negotiations and community
input defines and informs the drafting of the AIP. Order of chapters may also be
modified.
• As Peoples and Nations of this land, we have
rights granted through Creation. These are
often referred to as pre-existing rights.
• Rights that are not given.
• Sovereignty that was retained.
• Rights that were kept and not affected by
Treaty. ie. Governance, language, culture.
• Treaty No. 8 refers to the
actual Treaty document
signed in 1899.
• Treaty 8 First Nations of
Alberta (T8FNA) refers to
the organization. It is a
Political Treaty
Organization (PTO)
• Treaty 8 (AB) refers to
geographical Treaty area
in Alberta
• Treaty 8 refers to all the
geographical Treaty area.
23 Treaty 8
(AB) First
Nations Each
with individual
goals and
needs
Treaty
No. 8
Common
Treaty
Promises
and Treaty
Principles
Note: In Reality no tipi
representing First
Nations is made the
same, each is unique
• Treaty No. 8
Treaty Promises as Understood by the Elders
1.Schools / Education
2.Doctors
3.Hospitals / Medicines
4.Hunting, fishing, trapping and gathering rights
retained
5.Indians retain Mineral and water rights
6.Sub-Surface Rights retained
7.Bullets provided
8.Land acquired by Queen only 6” surface rights
9.Exempt from taxation
10.Land purchased for farm does not include forests
11.Rations provided
12.Policing
13.Legal representation
14.Exempt from war participation
15.No Indian shall hang by rope
16.Right to trade and barter
17.Canvas for tents
18.Cattle/horses supplied
19.Farm and harvesting equipment
20.Gardening tools and seeds
21.In case of hunger, all gates shall be opened
Treaty Principles
Right to
Education
Right to Health
Right to
Livelihood
Right to programs
and services
Treaty 8 First Nations
Note: In Reality no tipi representing First Nations is made
the same, each is unique
•Inherent Rights rest with each respective First
Nation/Band.
•First Nation Community:
• Political authority/Policies
• Mandates
• Needs
• Specific languages
• Culture
• Service delivery and program management
• Economic development
• Fiscal relationship
• Caring and sharing
• And so on….
• Sets out the spirit and intent of the agreement
• Guides the design and content of the Treaty 8
Agreement-in-Principle
• Includes no threat to Treaty No. 8 and to Treaty
Promises
• Acknowledges Inherent Rights
• Amplifies our right to govern ourselves as Nations
• Acknowledges previous documents such as: Constitution
Act, 1982; The Government of Canada’s Approach to
Implement of the Inherent Right and the Negotiation of
Aboriginal Self-Government, 1995; Declaration of Intent,
1998; Framework for Negotiations to Implement an
Inherent Right of Self-government, 2003; United Nations
Declaration on the Rights of Indigenous People, 2007
Samples:
(c) “Authority” means the authority to deliver programs and
services as delegated by the First Nations.
(g) “Conflict” means any provision within this agreement that
may cause different understanding of the parties.
(k) “Jurisdiction” means the areas of authority of law making
power by each respective party of this agreement.
(l) “Legislation” means the passing of legislation
(u) “Treaty 8 First Nations Citizen or Member” means any
person who is or who is eligible pursuant to chapter 4 of
the AiP to be a citizen or member of a Treaty 8 First Nation in
accordance with the law applicable to citizenship/
membership in that Treaty 8 First Nation / Band.
• The General Provisions indicate that the AiP is a
non-enforceable agreement which is to serve as the
starting point for negotiating a Final Agreement.
• It clarifies that the AIP in no way affects Treaties, the
Inherent Right or the Constitution of Canada. It also
will set out how First Nations laws will relate to the
Charter of Rights and Freedoms and the Canadian
Criminal Code, however these have yet to be
finalized in negotiations. i.e. the Duty to Consult.
• It will also deal with a number of other matters like
liability, amendments and access to information and
protection of First Nation Reserve Lands.
This chapter sets out the rules for how
Federal, Provincial and First Nations Laws
will work together. It will also address the
areas where and how Federal and Provincial
Laws will and won’t apply to First Nations.
(i.e. Indian Act provisions may or may not
cease to apply)
•
Each First Nation will determine
their citizenship/membership according
to their citizenship or membership
code/authority.
•
Citizenship is one fundamental
element of self-government.
• Each First Nation/Band will establish their respective
governance structure with its own Constitution.
• Each First Nation/Band will determine their
participation . i.e. a Treaty 8 Governance structure
(unified government).
• Determines the authority of the unified government
and principles of governance.
This Chapter is still being discussed and will be
determined by the leadership:
Questions:
1.
If Treaty 8 Governance Agreement is Necessary, how do we
move towards collective self-determination – essentially, how we
are going to govern as a Treaty camp and how we are going to
design that camp?
2.
Could this agreement consist of research and advocacy, providing
services, delegate law making, develop central law, central
mechanism for dispute resolutions, education act, health act,
children’s agenda act, hunting, fishing and trapping acts?
3.
Will the Treaty 8 governance agreement be a unified government
of Treaty 8 (collective protection and governance of Treaty
Promises; joint legislative framework, etc)?
Constitutional Development
Treaty 8’s approach is on the basis of the Inherent Right to
Self Government and the Spirit and Intent of Treaty No. 8.
Chapter 5 – First Nation Governance
Chapter 6 – Treaty 8 Governance Agreement
Constitution Development
Canada’s approach is based on their Self Government
policies which states:
• Mechanisms to ensure political accountability must be
developed and ratified by the Aboriginal group and/or
First Nation concerned, and set out in an internal
constitution so that they are transparent to all members
and to others who deal with the Aboriginal/First Nation
Government and/or institutions.
Constitutional Development
In previous discussions with Treaty 8
First Nation members through forums
and meeting on Bilateral Process and
on Constitutional development it is
clear that Constitutional development
as a principle in relation to both
Chapter 5 and 6 need to be established
from their respective communities.
Constitutional Development
This input was received from community members at various
meetings and forums on the Bilateral Process and
Constitutional Development.
There is mutual respect for the development of a toolkit in relation
to Constitutional Development generally.
What should be in a Constitution?*
•
•
•
•
•
•
•
•
Community vision and basic values
Identification of citizens
Government structures and roles
Relationship between levels of government
Citizens rights and freedoms
Method for choosing leaders and impeachment of leaders
Land ownership and rights
Amendment procedures
*Input from participants at our Constitutional Development Workshop held on May 27-28, 2008.
Constitution Development
• A constitution should generally not contain anything
that is not critical to the functioning of the
government or that will change year to year. (e.g..
job descriptions, org. charts)
• A constitution will vary depending on the First
Nations and its way of conducting business. Each
First Nation should be respected for their autonomy
at all times.
Current Bilateral Process Sub table
First Nation Governance Sub Table (FNGST)
Objective highlights:
1. determine the interests of First Nations in moving forward with a
Treaty 8 self-government agreement
2. Determine divisions of powers
3. Draft chapter 5-First Nation Governance and Chapter 6 –Treaty 8
Governance
4. Provide feedback on constitution development
5. Promote team approach
Reporting:
Monthly reports will be provided to the Treaty 8 Executive Board
Composition:
Comprised of up to 12 First Nation representatives as appointed by the
First Nation leadership-( to date 7 – 10 Chiefs attended)
Focus for 2009 -10
But not limited to:
• Chapter 5 – First Nation Governments
• Chapter 6 – Treaty 8 Governance Agreement
• First Nation Constitution Development
Marlene Poitras
Bilateral Process Director
Gwen Crichton
Agreement-in-Principle Coordinator
Paula Giroux
Citizen Engagement Coordinator
Dustin Twin
Elder’s Coordinator
Audrey Marshall
Constitution Development Coordinator
Lawrence Courtoreille Treaty Relations Coordinator
Michelle Voyageur
Communications Technician
Sharlene Alook
Administrative Support
Jerry Paulette
Chief Negotiator
For more information Please call (780) 444-9366 or
1-888-TREATY8 (1-888-873-2898)
Fax: (780) – 485 - 1465

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