CANADIAN GOVERNMENT DOCUMENTS ON FIRST NATIONS SUPPLIED BY RUSSEL DIABO

December 16, 2021, Mandate Letter of Patty Hajdu, ISC Minister

[triangle] “As Minister of Indigenous Services, your immediate priority is to enhance opportunities for economic recovery and to continue delivering distinctions-based supports in response to COVID-19 as needed…[and] [c]ontinue to support First Nation-led processes to transition away from the Indian Act. Work with communities and institutions to invest in capacity building initiatives that support and advance self-determination like the 10-year Grant.” [emphasis added]

December 16, 2021, Mandate Letter of Marc Miller, CIRNAC Minister

[triangle] Mandate Letter states, “ As Minister of Crown-Indigenous Relations, your first and foremost priority is to work in full partnership with First Nations…as they transition to self- government and move away from the Indian Act”. [emphasis added]

Patty Hajdu, ISC Minister

[triangle] “As Minister of Indigenous Services, your immediate priority is to enhance opportunities for economic recovery and to continue delivering distinctions-based supports in response to COVID-19 as needed…[and] [c]ontinue to support First Nation-led processes to transition away from the Indian Act. Work with communities and institutions to invest in capacity building initiatives that support and advance self-determination like the 10-year Grant.” [emphasis added]

Patty Hajdu, ISC Minister

[triangle] “As Minister of Indigenous Services, your immediate priority is to enhance opportunities for economic recovery and to continue delivering distinctions-based supports in response to COVID-19 as needed…[and] [c]ontinue to support First Nation-led processes to transition away from the Indian Act. Work with communities and institutions to invest in capacity building initiatives that support and advance self-determination like the 10-year Grant.” [emphasis added]

CIRNAC ANNUAL MEASUREMENTS TRANSITIONING FIRST NATIONS INTO SELF-GOVERNMENT

[triangle] Annual # of priorities identified through the permanent bilateral mechanisms (AFN, MNC, ITK) that result in policies, funding or legislation.

[triangle] # of communities where treaties, [self-government] agreements and other constrctive arrangements have been concluded.

[triangle] # of treaties, [self-government] agreements and other constructive arrangements that have been concluded.

[triangle] Average Community Well-Being Index score for modern treaty and self-government agreement holders.

CIRNAC ANNUAL MEASUREMENTS TRANSITIONING FIRST NATIONS INTO SELF-GOVERNMENT

[triangle] % of First Nations that have opted into an Indian Act alternative.

[triangle] % of First Nations with fiscal by-laws or laws.

[triangle] % of First Nations with established land codes.

[triangle] # of Specific Claims settled by the Department.

[triangle] % of active Additions-to-Reserves that have been in the inventory for more than 5 years.

– CIRNAC 2022-2023 PLAN

Phased Elimination of Indian Reserves into Private Property (Fee Simple)

Tom Flanagan & Manny Jules

Canada – Land Registration

[triangle]            The ISC lands registries record property interests in First Nations lands. A land registry is a set of records that anyone can search to find out what ownership, leases, permits and other interests may ap ply to a parcel of land.

[triangle]            ISC has 3 land registries. The registries are maintained in Ottawa and are web-based. They are accessible to First Nations, ISC staff and the general public.

[triangle]            The Indian Land Registry System (ILRS) consists of documents related to and interests in reserve (and any surrendered) lands that are administered under the Indian Act.

[triangle]            The First Nations Land Registry System (FNLRS) is used for the land records of First Nations who operate under their own Land Code pursuant to the First Nations Land Management Act (FNLMA).

[triangle]            The Self-Governing First Nations Land Register (SGFNLR) is established in accordance with the terms of First Nations self-government agreements and record documents that grant an interest in self-governed First Nation lands. SOURCE: ISC Website

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Canada.ca (Canada.ca) >                Crown-Indigenous Relations and Northern Affairs Canada

> Reconciliation

Recognition of rights discussion tables

Canada is moving forward with Indigenous partners on different paths toward reconciliation, including Recognition of Rights discussion tables. Find a list of these tables by region.

On this page

About Recognition of Indigenous Rights and Self-Determination discussion tables

Discussion tables by region British Columbia Alberta

Saskatchewan Manitoba Ontario Quebec Atlantic Nunavut

Northwest Territories Yukon

About Recognition of Indigenous Rights and Self- Determination discussion tables

The Government of Canada is working with Indigenous groups at over 80 discussion tables across the country to explore new ways of working together to advance the recognition of Indigenous rights and self-determination. These discussions represent more than 390 Indigenous communities, with a total population of more than 760,000 people.

The goal is to bring greater flexibility to negotiations based on the recognition of rights, respect, cooperation and partnership. At these tables, Canada and Indigenous groups can explore new ideas and ways to reach agreements that will recognize the rights of Indigenous groups and advance their vision of self- determination for the benefit of their communities and all Canadians.

These discussions are community-driven and respond to the unique rights, needs and interests of First Nations, Inuit and Métis groups where existing federal policies have not been able to do so. This may involve:

· [space][space][space][space][space][space][space][space] jointly developing new ways to recognize rights and title in agreements building agreements in steps

· [space][space][space][space][space][space][space][space] exploring ways to advance treaty rights and interests

· [space][space][space][space][space][space][space][space] finding common ground to settle litigation outside of the courts

· [space][space][space][space][space][space][space][space] using existing tools that are available government-wide outside of treaty and self-government processes to help address the unique needs of each group building awareness of the treaty relationship

The priorities identified by Indigenous groups are the starting point for these discussions. Discussions can focus on one priority area or cover many issues.

The process for moving forward is jointly designed by the parties through co- developed agreements (such as Letters of Understanding, Memoranda of Understanding and Framework Agreements).

Under the agreed-upon process, the parties then work to find the common ground for moving ahead in partnership toward a shared and balanced solution.

These discussions can also seek to address longstanding issues that are not covered by existing treaty or self-government negotiations. This kind of dialogue is open to all Indigenous groups with Section 35 rights to address longstanding issues that may fall outside the scope of other federal policies.

Canada recognizes that federal policies and approaches will continue to evolve over time and looks forward to working with Indigenous communities to co-develop agreements that work for and benefit the parties.

Discussion tables by region

Indigenous groups currently engaged at Recognition of Indigenous Rights and Self- Determination discussion tables with Canada include those listed below.

Discussions are confidential. Key facts and links are provided for discussion tables that have been jointly announced or made public by the parties.

Alberta

Stoney Nakota (Chiniki First Nation, Bearspaw First Nation and Wesley First Nation)

Treaty #6

First Nations

Treaty #8

First Nations

Saskatchewan

Treaty #4 First Nations Treaty #10 First Nations Wahpeton Dakota

Manitoba

Birdtail Sioux First Nation Canupawakpa Dakota First Nation Dakota Plains First Nation

Island Lake Tribal Council

Treaty #2 First Nations

Treaty #5 and Treaty #5 Adhesions First Nations

Ontario

Grand Council Treaty# 3

Métis Nation of Ontario

Michano Litigation (Biigetikong Nishnaabeg, Pic Mobert First Nation, Pawgwasheeng, Long Lake Number 58 First Nation, Bingwi Neyaashi Anishinaabek and Biinjitiwaabik Zaaging Anishinaabek)

Nishnawbe Aski Nation

Robinson-Huron Treaty First Nations Temagami First Nation

Quebec

Huron-Wendat of Wendake

Kitigan Zibi Anishinabeg First Nation

Atlantic

Peskotomuhkati

Nunavut

Kátł'odeeche First Nation

wich'in Tribal Council Inuvialuit Regional Corporation

Kaska Dena Council Liard First Nation

White River First Nation

Date modified: 2020-12-16

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Testimony of Joe Wild, Senior Assistant Deputy Minister, Treaties and Aboriginal Government, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)

At the Senate Standing Committee on Indigenous Peoples November 1, 2022

Senator Arnot: My questions are directed to Crown-Indigenous Relations. I have two questions, and the first is around self-government.

Mr. Quan-Watson, I believe your department is overseeing 169 negotiations on self-government in Canada. What are the priorities that are being identified by First Nations, and how are you able to respond to the priorities that they identify? In particular, I’m wondering about this issue: Earlier this year there was a self-government agreement potentially applicable to 30 First Nations in Ontario, but it took 30 years to negotiate. What are you able to do in identifying priorities with the purpose of accelerating the creation and the implementation of self-government agreements in a much more aggressive manner in the future than in the past? [emphasis added]

Joe Wild, Senior Assistant Deputy Minister, Treaties and Aboriginal Government, Crown-Indigenous Relations and Northern Affairs Canada: I’m Joe Wild, the Senior Assistant Deputy Minister at Crown- Indigenous Relations and Northern Affairs Canada responsible for treaties and Indigenous government.

This is the question that I think about all the time. I never stop thinking about this question, which is how we can find ways to make it both easier for First Nations in particular to find whatever their vision of self- determination would be that would take them beyond the Indian Act, but also for Indigenous peoples in general. How do we help and be true partners for implementing whatever their visions of self- determination are, including self-government? [emphasis added]

You’re absolutely correct; we have a high volume of tables. This is the number one topic of conversation, along with discussions around the implementation of Indigenous rights and title. There are a number of issues that we’re trying to tackle in terms of how to accelerate. The biggest issue that we have been working through is how to ensure that we are providing more timely funding for the development of what we would call governance capacity. To put that into plainer terms: Every government needs a public administration. It needs one that is professional and has the tools necessary to do the job. It’s easy to forget that, when you’re talking about self-determination, you’re really talking about the work to revitalize governance systems but also, importantly, to help build actual public administrations that are going to provide the necessary supports for whatever that form of government is that the particular Indigenous community is adopting. [emphasis added]

Our traditional approach had been that it’s the kind of funding that flows to the very end, after you’ve signed an agreement. It’s trying to figure out how we make that investment earlier in the process. A lot of what goes on in these negotiations and why they sometimes take such a long time is because the support funding that we’re providing through the process is also being used to build up the governance capacity so that when one does take control, when one has the authorities in place for lawmaking, that they have all the tools that are necessary to engage in that very important act of lawmaking. You need experts, you need to be able to draft the laws and publish the laws, et cetera. There is enforcement. There is a whole set of issues that comes with that. [emphasis added]

If you think back to 2018-19, the biggest innovation that we were able to do was to sit down with the 25 modern treaty self-government agreement holders in the country and work with them on a collaborative basis to design a fiscal policy that actually addresses the needs for self-government. In other words, we had been kind of going along for many years without truly understanding the costs associated with an Indigenous government having to actually implement its roles and responsibilities under a modern treaty, but also just in general terms of whatever it is they’re being asked to do to address really big socio-economic gaps and how to close those gaps in their communities. [emphasis added]

We worked for two years with those 25 Indigenous governments to design a policy that is needs-based and that looks at the actual expenditure costs associated with running an Indigenous government. This is work we never would have been able to do on our own. We had no clue what this looked like on the ground. It was really through that partnership that we were able to understand what it looks like.

That led to a significant investment of about $1 billion over 10 years in government-to-government transfers to ensure that those in self-government have the necessary resources for their needs and to actually run their governments. [emphasis added]

That policy and approach have shaped how we’re doing all of our work with those that are on a self- government path. It is very collaborative. It is very much about working with them in terms of their priorities, the areas of self-government they want to advance first and how we work with them in order to make the necessary investments. [emphasis added]

I realize I’m taking too long to answer this, but with that work, we are seeing some accelerations. I’m always going to be cautious about that, because at the end of the day, I think our obligation at the Government of Canada is to try to be able to meet the pace that the Indigenous partner is setting. It’s all about needs identification, trying to meet that same pace and not being the basis for delay. Those are the things that we’ve been working toward. [emphasis added]

Senator Arnot: This question concerns the Office of the Treaty Commissioner in Saskatchewan. I believe the office is asking for an expanded mandate, particularly on lands, resources and other issues.

I’m asking this question in the context of a recent Throne Speech in the Legislature of Saskatchewan, where the Government of Saskatchewan is talking about pushing more control in their direction on natural resources, but it appeared that the government, in the Speech from the Throne, wasn’t giving proper priority to the treaty relationships and the fact that the treaties were created under the model of the Royal Proclamation of 1763 and came well before the creation of Manitoba, Saskatchewan and Alberta. [emphasis added]

I’m wondering what your thoughts are on those issues.

The Chair: Could you be a little more succinct in your answer, in the interests of time?

Mr. Wild: I will, I promise.

Treaty Commissioner Culbertson is doing absolutely amazing work in helping to educate all kinds of people across Saskatchewan on the importance of treaty and reminding everyone that we are all treaty people. I think that is something that tends to be forgotten, particularly in non-Indigenous pockets of the population. [emphasis added]

The treaty commissioners play a very important function. We’re always open to dialogue around whether the way in which those offices are set up and their scope is appropriate. It is certainly a dialogue in the context of Saskatchewan, in particular, that we have with the FSIN on a regular basis. I’m happy to continue to engage in those questions. [emphasis added]

The question that you’re raising in regard to the numbered treaties and what we call the pre-1975 treaty era, they’re important questions that we think about a lot, especially in that context I just spoke about around self-government. That’s very much a work in progress for us. We have a lot of work to do to build better relations, particularly with numbered treaty nations across this country. There is important dialogue we are having around questions like annuities and how we have better approaches to self- government. We had a recent tax policy announcement by the Department of Finance that the section 87 tax exemption would continue on reserve lands as well as former reserve lands. That opens the door to a different conversation than we’ve been able to have in the past on self-determination. I will also just note that even eight or nine years ago, we couldn’t even have a conversation about self-government with someone who was a pre-1975 treaty rights holder because we required that treaty to be extinguished in order to have that conversation. We don’t require that anymore. [emphasis added]

There are a bunch of things we’ve done that will help to move those conversations forward.