Bilateral 101 Power Point Presentation

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

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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)

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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