BC ASSEMBLY OF FIRST NATIONS

Transcription

1 BC ASSEMBLY OF FIRST NATIONS BCAFN Annual General Meeting Musqueam, Vancouver, BC October 22, 23 & 24, 2018 RESOLUTIONS LIST NUMBER SPECIAL/2018 NAME ADOPTION OF REVISED BCAFN CONSTITUTION & BYLAWS AND BCAFN GOVERNANCE MANUAL 08/2018 RECOGNITION AND IMPLEMENTATION OF INDIGENOUS RIGHTS: SUPPORT FOR ROLLING DRAFT AND CONCEPTUAL DRAFTING INSTRUCTIONS 09/2018 BC FIRST NATIONS GAMING REVENUE SHARING APPROVALS 10/2018 ADOPTION OF THE AUDITED FINANCIAL STATEMENTS 11/2018 APPOINTMENT OF AUDITOR 12/2018 SUPPORT FOR OPTION ONE SET OUT IN THE OPTIONS PAPER ON FIRST NATIONS, INUIT AND METIS CHILD WELFARE AND CHILD AND FAMILY WELLNESS LEGISLATIVE OPTIONS 13/2018 SUPPORT FOR INTERVENTION IN AHOUSAHT NATION V. CANADA 14/2018 SUPPORT FOR THE FNLC WILD SALMON SUMMIT RECOMMENDATIONS 15/2018 SUPPORT FOR INDIGENOUS TOURISM BC 16/2018 BCAFN SUPPORT FOR THE MOOSE HIDE CAMPAIGN 17/2018 SUPPORT IN PRINCIPLE FOR THE DEVELOPMENT OF A MEMORANDUM OF COOPERATION BETWEEN THE BCAFN AND FIRST NATIONS MAJOR PROJECTS COALITION 18/2018 PROCESS FOR BCAFN APPOINTMENT TO NEW RELATIONSHIP TRUST 19/2018 SUPPORT-IN-PRINCIPLE FOR TRIPARTITE MOU BETWEEN THE FNLC, INDIGENOUS SERVICES CANADA, AND EMERGENCY MANAGEMENT BC/BC WILDFIRE SERVICE 20/2018 TSILHQOT IN NATION WILDLIFE MANAGEMENT AND FIRST NATIONS JURISDICTION 21/2018 SUPPORT FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE DELIVERABLES OF THE BCAFN SUSTAINABLE ECONOMIC DEVELOPMENT AND FISCAL RELATIONS STRATEGY

2 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Special Resolution 2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: ADOPTION OF REVISED BCAFN CONSTITUTION & BYLAWS AND BCAFN GOVERNANCE MANUAL MOVED BY: SECONDED BY: DECISION: CHIEF DAN GEORGE, BURNS LAKE FIRST NATION CHIEF HARVEY MCLEOD, UPPER NICOLA INDIAN BAND CARRIED WHEREAS: A. On March 27, 2017 at the BCAFN 13 th Special Chiefs Assembly, BCAFN Resolution 02/2017 was adopted by the Chiefs-in-Assembly, calling for the creation of a Governance Committee (the Committee ) whose purpose was to review BCAFN policy manuals and the Constitution & Bylaws (the Governance Documents ) and provide recommendations for amendments; B. On October 11, 2017 at the BCAFN 14 th Annual General Meeting, BCAFN Resolution 11/2017 was adopted by the Chiefs-in-Assembly, extending the Committee s mandate to allow the Committee to engage with BCAFN members and to ensure a full review and feedback of the proposed changes prior to support and implementation of recommendations at the Annual General Meeting in 2018; C. Over the past 10 months, the Committee has met six times to discuss and consider amendments to the Governance Documents and has engaged BCAFN members at the 14 th Special Chiefs Assembly in March, hosting six half-day engagement sessions in Terrace, Nanaimo, Prince George, Kamloops, Richmond and Seabird Island between April and May 2018, at the First Nations Summit meeting in June, and circulating near final drafts of the Governance Documents to all members in August for feedback; Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 2

3 D. The Committee has considered and incorporated the feedback it has received from members and advice received from legal counsel, and has developed recommendations, summarized in a report titled Recommendations and Report to the Chiefs-in-Assembly Re: Governance Reform, proposed amendments to the Constitution & Bylaws and the Governance Manual, as shown in the revised versions of those documents attached as Schedule A and B, respectively; and E. The Committee recommends that the proposed amendments to the Constitution & Bylaws and the Governance Manual as shown in Schedule A and B be endorsed and adopted in their entirety and replace the current BCAFN Constitution & Bylaws and Governance Manual. THEREFORE BE IT RESOLVED THAT: 1. the existing BCAFN Constitution and Bylaws be repealed and replaced with the documents contained in the Constitution and Bylaws attached as Schedule A ; and 2. the Board be directed to repeal the existing Governance Manual and replace the same with the document titled Governance Manual attached as Schedule B. Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 2

4 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 08/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: RECOGNITION AND IMPLEMENTATION OF INDIGENOUS RIGHTS: SUPPORT FOR ROLLING DRAFT AND CONCEPTUAL DRAFTING INSTRUCTIONS MOVED BY: SECONDED BY: DECISION: COUNCILLOR DEB ABBOTT, PROXY, OREGON JACK CREEK INDIAN BAND CHIEF HARVEY MCLEOD, UPPER NICOLA INDIAN BAND CARRIED WHEREAS: A. Crown denial of our unextinguished Aboriginal Title, Rights, and treaty rights is rooted in the Doctrine of Discovery and terra nullius, and among other things, is manifested in: a. Laws, regulations and policies, which are developed unilaterally by the Crown, that adversely affect our Aboriginal Title, Rights, and treaty rights; b. Crown negotiation mandates and Crown litigation mandates that deny the existence of Indigenous nations; c. Crown failure to reflect the jurisdictional component of Aboriginal Title, evidenced in part by decisions regarding Indigenous lands and resources made unilaterally by the Crown through Crown consultation processes that are not grounded in the standard of free, prior and informed consent, or through shared decision-making mechanisms or processes; d. discrepancies between statements made by Ministers versus actions of Crown bureaucrats and public servants; e. Crown failure to implement our Aboriginal Title, Rights, and treaty rights; Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 5

5 f. Crown failure to reflect the inescapable economic component of Aboriginal Title in Canada s fiscal relationship with Indigenous nations; and g. Crown minimizing court decisions and failing to fully implement direction provided by the Courts to direct Crown-Indigenous relations; B. the United Nations Declaration on the Rights of Indigenous Peoples, which the government of Canada has adopted without qualification and has, alongside the government of BC, committed to implement, affirms: Article 3: Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 4: Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. C. on February 14, 2018, Prime Minister Justin Trudeau announced Canada s intention to embark on a nation-wide engagement strategy to discuss the development of a new recognition and implementation of rights framework (RIRF). Specifically, the Prime Minister stated: For too long, Indigenous Peoples in Canada have had to prove their rights exist and fight to have them recognized and fully implemented. To truly renew the relationship between Canada and Indigenous Peoples, the Government of Canada must make the recognition and implementation of rights the basis for all relations between Indigenous Peoples and the federal government [A]s a starting point, it should include new legislation and policy that will make the recognition and implementation of rights the basis for relations between Indigenous peoples and the federal government going forward; D. from March to September 2018, the federal department of Crown-Indigenous Relations and Northern Affairs (CIRNA) produced three documents: (1) What we heard, (2) Engagement Document and (3) Overview Document which the federal government suggests are intended to reflect discussions and input of First Nations across Canada following five months of engagements; E. the political executives of the Union of BC Indian Chiefs, the First Nations Summit, and the BC Assembly of First Nations, working together as the First Nations Leadership Council (FNLC) hosted or co-hosted, with Canada and BC, three All Chiefs Forums on April 11-13, June 26 and July 23, 2018 (the Forums) to discuss RIRF; F. Chiefs and Leadership in attendance at the Forums: Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 5

6 a. developed a high-level rolling draft (Rolling Draft) principles and recommendations document setting out principles, the scope and minimum requirements for a new RIRF which was supported in-principle by the UBCIC Chiefs Council by Resolution ; b. instructed representatives of the FNLC, as a priority, to develop a framework for federal recognition legislation as part of the new RIRF for review and discussion; G. as mandated, the FNLC developed conceptual drafting instructions (Conceptual Draft) for proposed recognition legislation which was presented to and endorsed by Chiefs and Leadership at the July 2018 Forum. This Conceptual Draft has since been revised based on input from BC Chiefs and Leadership at the Forum and an ad hoc group of legal and other experts; H. any recommendations, principles, proposals, options or other materials developed at the All Chiefs Forums and any legislative proposals, drafting instructions or draft recognition legislation, if any, developed in collaboration with the Government of Canada are not intended to, nor should they, limit or detract from: a. RIRF work or approaches currently under development by the Government of Canada with individual First Nations or at negotiating tables; or b. the development and advancement of RIRF options or proposals by individual First Nations or any direct engagements between First Nations and the Crown; I. on September 7, 2018, Minister Carolyn Bennett and the Government of Canada released a document titled Overview of a Recognition and Implementation of Indigenous Rights Framework (the Overview Document ). This document provides Canada s draft plan for the development of legislation and policies to ensure and uphold the rights of Indigenous peoples, treaties, and other agreements; J. several concerning factors indicate that the purpose of the document is not to facilitate processes of self-determination, implement the UN Declaration, or afford the recognition of Title to Indigenous peoples; K. the premise of the Overview Document does not overlap or align with the Rolling Draft compiled by Chiefs and Leadership in attendance at an internal dialogue session held on April 12, This document has since been circulated, amended, and added to by First Nations and leadership, and has been supported-in-principle by the UBCIC Chiefs Council in Resolution Recommendations for a Recognition and Implementation of Rights Framework ; and Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 3 of 5

7 L. the BC Region discussed the Overview Document at the AFN National Forum in Gatineau, Quebec from September 11 th to September 12 th, 2018, producing a document of concerns titled Summary of BC Region Discussion on Federal Recognition and Implementation of Indigenous Rights Framework. These concerns include: 1. The Overview Document is not reflective of true self-determination, and proposes that First Nations will apply to the federal government for recognition as a Nation and the government will decide who is a Nation to advance claims of Title. This approach is not consistent with the government getting out of the way and clearing a path toward self-determination. 2. The inadequate articulation and reflection of section 35, completely avoiding the recognition of Aboriginal Title and recognizing that section 35 is a full box of rights. 3. The federal consultation process is flawed and fails to adequately and respectfully consult with Indigenous peoples. 4. Recognition of Aboriginal Title must be a legislative element, not a policy piece, due to the fact that policy is discretionary and subjective and Aboriginal Title is an inherent right. THEREFORE BE IT RESOLVED THAT: 1. the BC Chiefs-in-Assembly endorse the attached: rolling draft document titled, Recognition and Implementation of Rights Dialogue Sessions: BC Chiefs and Leaderships Principles and Recommendations (dated September 5, 2018) for submission to Canada; Conceptual Drafting Instructions for Recognition and Implementation of Rights Legislation (dated September 6, 2018) as a basis for the co-development of Recognition and Implementation of Indigenous Rights legislation with Canada; 2. the BC Chiefs-in-Assembly reject Canada s Overview Document and the paternalistic approach it takes to the RIRF, as it is contrary to the inherent human rights Indigenous peoples hold that are affirmed by the UN Declaration, does not recognize Aboriginal Title, and fails to create space for self-determination; 3. the BC Chiefs-in-Assembly direct the BC Assembly of First Nations to work with the First Nations Summit and the Union of BC Indian Chiefs, as the First Nations Leadership Council, to host further All Chiefs and Leadership Forums or other assemblies, dependent on funding, if the RIRF process continues, for the purposes of: facilitating discussion of new RIRF options or the refinement of existing options currently set out in the Rolling Draft; Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 4 of 5

8 providing progress reports and seeking input from First Nations on elements of legislative drafting and/or Recognition Legislation that are co-developed with the Government of Canada; and providing updates to the UBCIC Chiefs Council for any legislative proposal, legislative drafting instructions and/or Recognition Legislation, if any, that is developed in collaboration with the Government of Canada. the BC Chiefs-in-Assembly acknowledge that the FNLC operates under terms of reference endorsed through resolution at each of the BCAFN, FNS and UBCIC Chiefs assemblies. The Terms of Reference set out: 1.9. The FNLC is not a Nation, and is therefore does not hold Aboriginal Title, Rights or Treaty Rights; and, the FNLC acknowledges that any governmentto-government relationship is between individual Nations and the Crown The Crown s duty to consult is with individual Nations and not with the FNLC. 4. the BC Chiefs-in-Assembly affirm that any document arising out of these processes led by the FNLC is not to be interpreted as a complete response from First Nations communities in BC, but rather as an initial step which does not replace the requirement of the Crown to engage on a nation-to-nation level with First Nations in BC; and 5. the BC Chiefs-in-Assembly direct the BCAFN to call on Canada and British Columbia that: Engagement and dialogue on the federal initiative on a Recognition and Implementation of Rights Framework will not serve as a barrier to progress on: Any work or approaches currently underway with individual First Nations or negotiating tables; or any potential work arising from Nation-to-Nation discussions; and The participation of First Nations in the Recognition and Implementation of Rights Forum and follow-up session does not replace or constrict First Nations opportunities to request their own respective meetings with Canada and BC, or their respective decisions to advance their own First Nation-driven priorities and recommendations through their own stand-alone documents. Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 5 of 5

9 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 09/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: BC FIRST NATIONS GAMING REVENUE SHARING APPROVALS MOVED BY: SECONDED BY: DECISION: KUKPI7 RON IGNACE, SKEETCHESTN CHIEF BOB CHAMBERLIN, KWIKWASUT INUXW HAXWA MIS FIRST NATION CARRIED WHEREAS: A. First Nations were not consulted, nor were party to the 1985 Federal-Provincial agreement that unconstitutionally transferred the authority to operate gaming facilities to the provinces, who then retained the associated revenues; B. the United Nations Declaration on the Rights of Indigenous Peoples, which the government of Canada has adopted without qualification, and has, alongside the government of British Columbia, committed to implement, affirms: Article 4: Indigenous peoples, in exercising their right to self-determination, have the right to autonomy of self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions; Article 21(1): Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security; Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 3

10 Article 21(2): States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions..; C. First Nations require consistent, predictable and sustainable funding in order to support the rebuilding of our nations, our governments, and our economies, to improve the capacity and infrastructure of First Nations communities, to develop effective long-range planning, and to pursue development opportunities to address the economic, social and cultural needs of our communities in an effort to combat systemic poverty; D. First Nation communities in all other provinces enjoy the annual benefits of multi-million-dollar gaming revenues. First Nations in BC have never received a share of annual gaming revenues ($1.4 billion in net revenue in 2017); E. First Nations have been discussing the issue of shared revenues and jurisdiction over gaming in British Columbia since In 2006, a Steering Committee of the BC First Nations Gaming Revenue Sharing Initiative (the Steering Committee ) was established for the purpose of supporting research and developing a gaming revenue sharing proposal, supported by BCAFN Resolution 19/2008. Further, the BCAFN Chiefs-in-Assembly endorsed and adopted the draft Terms of Reference Framework for the BC First Nations Gaming Commission and has continued to provide appointments to the BC First Nations Gaming Commission for the purpose of pursuing and realizing First Nation benefits from BC Gaming F. negotiations between the BC First Nations Gaming Commission and British Columbia have reached an advanced stage; G. the BC First Nations Gaming Commission and British Columbia are nearing substantive agreement on the terms of the sharing of annual gaming revenues with First Nations in BC, as the first phase of a renewed relationship between BC First Nations and British Columbia with respect to gaming; H. the formula utilized in Ontario for the distribution of annual gaming revenues to First Nations has resulted in meaningful and measurable benefits to First Nation communities across the province; I. the BC First Nations Gaming Commission is proposing the use of an Initial Distribution Formula for distributing gaming revenues to First Nations across BC based upon the Ontario experience, and broadly set out as follows: 50% of revenues distributed to each Band, 40% of revenues distributed by population, and Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 3

11 10% of revenues distributed for isolated and remote First Nations communities, in addition to the above amounts; J. the Initial Distribution Formula will be reviewed after the initial five-year gaming revenue sharing period and at subsequent five-year reviews. Any proposed amendments will be returned to BCAFN, UBCIC and FNS for approval; K. the implementation of gaming revenue sharing requires a legal entity to receive and distribute gaming revenues pursuant to the Initial Distribution Formula and to oversee the implementation of the revenue sharing agreement; and L. an agreement on the terms of sharing of gaming revenues with British Columbia requires approval by the Executives of the BCAFN, UBCIC and FNS, in accordance with their respective approval processes. THEREFORE BE IT RESOLVED THAT: 1. the BC Chiefs-in-Assembly affirm the mandate for the BC First Nations Gaming Commission to negotiate gaming revenue sharing with the Government of BC; 2. the BC Chiefs-in-Assembly authorize the use of the Initial Distribution Formula for distributing gaming revenues to First Nations in BC, and that the Initial Distribution Formula will be used unless amended as a result of any five-year gaming revenue sharing review; 3. the BC Chiefs-in-Assembly authorize the BC First Nations Gaming Commission to develop and establish a BC First Nations Gaming Revenue Distribution Agency, modeled after the Ontario First Nations Limited Partnership, to receive and distribute gaming revenues pursuant to the Interim Distribution Formula and to oversee the implementation of the revenue sharing agreement, with transparency and accountability to the recipient First Nations; and 4. the BC Chiefs-in-Assembly authorize the BC Assembly of First Nations to enter into an agreement with British Columbia on the sharing of annual gaming revenues with First Nations in BC, in conjunction with the First Nations Summit and the Union of BC Indian Chiefs. Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 3 of 3

12 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 10/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: ADOPTION OF THE AUDITED FINANCIAL STATEMENTS MOVED BY: SECONDED BY: DECISION: CHIEF JANET WEBSTER, LYTTON FIRST NATION CHIEF DAN GEORGE, BURNS LAKE INDIAN BAND CARRIED WHEREAS: A. KPMG LLP was appointed through Resolution 07/2016 to act as BCAFN s auditor for a term of two years; B. KPMG LLP has prepared and presented an auditor report for the fiscal year to the Chiefs-in- Assembly. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs in Assembly hereby adopt the Audited Financial Statements as presented at the BCAFN 15 th Annual General Meeting of October th, Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 1

13 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 11/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: APPOINTMENT OF AUDITOR MOVED BY: SECONDED BY: DECISION: CHIEF DONNA ALJAM, NICOMEN INDIAN BAND CHIEF JANET WEBSTER, LYTTON FIRST NATION CARRIED WHEREAS: A. Article X, Section 2 of the BC Assembly of First Nations Bylaws requires the members to appoint an auditor to hold office until the auditor is re-elected or a successor is elected at the next annual general meeting; and B. KPMG LLP was the auditor for the BC Assembly of First Nations during the fiscal year. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs in Assembly hereby appoint KPMG LLP as the auditor for the BC Assembly of First Nations to hold office until the auditor is re-elected or a successor is elected at the next annual general meeting. Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 1

14 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 12/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: SUPPORT FOR OPTION ONE SET OUT IN THE OPTIONS PAPER ON FIRST NATIONS, INUIT AND METIS CHILD WELFARE AND CHILD AND FAMILY WELLNESS LEGISLATIVE OPTIONS MOVED BY: SECONDED BY: DECISION: KUKPI7 WAYNE CHRISTIAN, SPLATSIN TOBY JOSEPH, PROXY, TSAWOUT FIRST NATION CARRIED WHEREAS: A. The discussion paper titled, Options Paper on First Nations, Inuit and Metis Child Welfare and Child and Family Wellness Legislative Options (October 14, 2018), (the Options Paper) was prepared by a Reference Group comprised of delegates appointed by the Assembly of First Nations, the Metis Nation and the Inuit Tapiriit Kanatami; B. The Options Paper was developed through high-level group discussion, exchange of various resolutions and information. Further, the Options Paper was informed by shared policy analysis, review of submissions, recommendations and access to materials provided by the Minister of Indigenous Services Canada arising from engagement process on child welfare legislative reform involving more than 55 sessions with First Nations, Inuit and Metis representatives and individuals, including children and youth; C. The Options Paper contains three options for legislation regarding children and families; D. The Reference Group identified Option ONE as the preferred approach as it is the one that best responds to the immediate crisis in relation to child welfare and child and family services and offers flexibility to address a variety of needs and circumstances specific to First Nations, Inuit and the Metis Nation, with appropriate distinctions for various circumstances; E. By way of high-level summary, Option ONE proposes legislation that: affirms and recognizes inherent Aboriginal and Treaty rights and self-determination; Page 1 of 2

15 requires inclusion of a non-derogation clause to ensure legislation does not in any way limit inherent Aboriginal or treaty rights of First Nations, Inuit and Metis; acknowledges that the United Nations Declaration on the Rights of Indigenous Peoples provides a framework for reconciliation in the area of child welfare and child and family wellness; affirms the respective authorities of First Nations, Inuit and Metis to enact laws and policies in relation to children and families, while recognizing and respecting distinctions and diversities; recommends a number of immediate policy, fiscal, legislative tools and processes be affirmed to transform child and family services and wellness to address over-representation of First Nations, Metis and Inuit children in care and to ensure Indigenous children, youth and families receive equivalent standards of care and outcomes as other Canadian children, youth and families; and promotes the rights of Indigenous children to be connected to their families, communities, cultural identities and Nations; and F. The BCAFN Chiefs-in-Assembly determine that Option One is generally consistent with First Nations in BC initiatives in First Nations child and family welfare. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs-in-Assembly support Option One as set out in the discussion paper titled, Options Paper on First Nations, Inuit and Metis Child Welfare and Child and Family Wellness Legislative Options (October 14, 2018). 2. The BC Chiefs-in-Assembly call on the Government of Canada to ensure First Nations, through their chosen representatives, are engaged in the development of the proposed legislation. Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 2

16 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 13/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: SUPPORT FOR INTERVENTION IN AHOUSAHT NATION V. CANADA MOVED BY: SECONDED BY: DECISION: CHIEF GREG LOUIE, AHOUSAHT FIRST NATION CHIEF MARILYN SLETT, HEILTSUK FIRST NATION CARRIED WHEREAS: A. in 2009, five Nations (Ahousaht, Ehattesaht/Chinekintaht, Hesquiaht, Tla-o-qui-aht, Mowachaht/Muchalaht) won a major court victory when the BC Supreme Court recognized and formally declared that the Nations have the right to fish for any species of fisheries resources in their territories and sell that fish into the commercial marketplace; B. in 2018, Canada used a justification trial to persuade the Court that it should redefine the proven right to something much narrower; C. in 2018, three commercial and recreational fishing industry groups successfully applied to intervene in the justification trial and supported Canada s efforts to narrow the proven right and to remove certain species from it. They also argued that Canada could not accommodate the proven right without involving industry groups in the negotiations; D. the United Nations Declaration on the Right of Indigenous Peoples, which the government of Canada has adopted without qualification, and has, alongside the government of BC, committed to implement, affirms: Article Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. Page 1 of 2

17 2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. Article Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned; E. the five Nations are seeking support from First Nations leadership, including from the BCAFN, to develop a First Nations coalition to intervene in support of the five Nations who are appealing the justification decision; and F. the justification decision has significant implications for all First Nations. It is the first time that a court has expansively considered the application of the justification test to a broad-based proven right and, if left in place after appeals, would govern all future justification cases. THEREFORE BE IT RESOLVED THAT: 1. the BC Chiefs in Assembly fully supports the five Nations (Ahousaht Ehattesaht/Chinekintaht, Hesquiaht, Tla-o-qui-aht, Mowachaht/Muchalaht) in their appeal of the justification decision in Ahousaht v. Canada; 2. the BC Chiefs in Assembly directs the BCAFN to seek and use resources in order to apply for Intervenor Status in the appeal by the five Nations; and 3. the BC Chiefs in Assembly directs the Regional Chief to coordinate support for any First Nations to collectively join the appeal as intervenors in support of the five Nations, subject to resources. Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 2

18 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 14/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: SUPPORT FOR THE FNLC WILD SALMON SUMMIT RECOMMENDATIONS MOVED BY: SECONDED BY: DECISION: CHIEF LEE SPAHAN, COLDWATER INDIAN BAND TOBY JOSEPH, PROXY, TSAWOUT FIRST NATION CARRIED WHEREAS: A. Wild Pacific salmon are an integral keystone in the culture, economy and livelihood of First Nations throughout BC; B. The steadying decline of healthy and abundant wild salmon stocks has reached a crisis point; C. The United Nations Declaration on the Rights of Indigenous Peoples, which the governments of Canada and British Columbia have adopted without qualification and committed to implement, affirms: Article 26: Indigenous peoples have the right to own use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use ; Article 29: Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources [ ]; D. First Nations in BC have diverse interests, perspectives and priorities with respect to the management, rehabilitation and protection of wild salmon, and as self-determining Nations, share a responsibility to manage resources in a manner that respects the interdependence we have with one another; Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 3

19 E. First Nations in BC have a common interest in increasing decision-making and control with respect to the regulation, policy, planning, management, protection and rehabilitation of wild salmon, salmon habitat and salmon fisheries; F. The First Nations Leadership Council (FNLC), a collaborative working partnership between the UBCIC, the First Nations Summit (FNS) and the BC Assembly of First Nations (BCAFN), hosted the Wild Salmon Summit: In a Time of Reconciliation a Summit to Protect and Restore Wild Salmon Through Indigenous Jurisdiction and Authority ( Wild Salmon Summit ), with the following goals: 1. Conduct an environmental scan of the mandates and operations of First Nations Fisheries Organizations in BC in relation to wild salmon; 2. Discuss the current state of wild salmon health and identify barriers to ensuring healthy wild salmon populations; and 3. Develop a shared strategic vision for wild salmon in BC G. Delegates at the Wild Salmon Summit proposed the following recommendations as they relate to the protection, rehabilitation and management of wild salmon, wild salmon habitat and wild salmon fisheries: 1. Develop a shared political vision, and strategic pro-active provincial plan, amongst BC First Nations, for the rehabilitation, protection and management of wild salmon/salmon habitat and fisheries through the implementation and recognition of our inherent jurisdictions, authorities, titles, rights and responsibilities: a. FNLC strike a Political Steering Committee to develop/identify recommended immediate province-wide priorities (FNLC, BC First Nations representatives, Pacific Salmon Commission, FNFC); b. Governance Models: Tier 1 (First Nations-Intertribal relations), Tier 2 (Nation-to- Nation, government-to-government: Tripartite Processes/DFO-FNLC MOU/BC Wild Salmon Advisory Council); and c. Access equitable, sustaining funding sources. 2. Complete an environmental scan and develop a plan to recognize, coordinate and activate the technical knowledge, Indigenous knowledge and experiences of our own Indigenous Fisheries Organizations and Nations in relation to the political table/governance model; 3. Suggest purposes and priorities that the shared table can bring forward; and 4. Short Term Goals: Implementation of the Wild Salmon Policy. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs in Assembly: Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 3

20 a. fully endorse the recommendations arising out of the 2018 Wild Salmon Summit hosted by the First Nations Summit, the Union of BC Indian Chiefs and the BC Assembly of First Nations (working together as the First Nations Leadership Council, FNLC); b. direct the BC Assembly of First Nations to work with the FNLC, the BC First Nations Fisheries Council and other like-minded organizations to seek adequate resources to support implementation of the recommendations arising from the 2018 Wild Salmon Summit; and c. direct the BC Assembly of First Nations to work collectively with the FNLC to identify interim political and technical representation to populate a, Political Steering Committee on Wild Salmon. Certified copy of a resolution adopted on the 22 nd day of October, 2018, at the Musqueam Recreation Centre, Page 3 of 3

21 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 15/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: SUPPORT FOR INDIGENOUS TOURISM BC MOVED BY: SECONDED BY: DECISION: TOBY JOSEPHY, PROXY, TSAWOUT FIRST NATION KUKPI7 JUDY WILSON, NESKONLITH INDIAN BAND CARRIED WHEREAS: A. Indigenous Tourism British Columbia (ITBC) (formerly Aboriginal Tourism BC) is a provincial Indigenous cultural tourism sector organization established in that supports training, product development and marketing of culturally rich Indigenous tourism products and services on behalf of Indigenous communities and entrepreneurs in BC and is recognized as an international leader in developing authentic Indigenous cultural tourism experiences; B. The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration), which the government of Canada has adopted without qualification, and has, alongside the government of BC, committed to implement, affirms in Article 15: 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. 2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society; Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 3

22 C. ITBC has successfully implemented the Blueprint Strategy that supported the growth of the industry from $20 million to $42 million between , including marketing success during the 2010 Olympic and Paralympic Games, with the support of First Nations leadership and communities of British Columbia; D. In 2008 ITBC and the First Nations Leadership Council ( FNLC - comprised of the UBCIC, BC Assembly of First Nations, and First Nations Summit) entered into a Declaration & Protocol of Recognition, Support, Cooperation and Coordination; and again in 2012 ITBC obtained full support from FNLC towards ITBC s 5 Year Plan The Next Phase ; E. ITBC has become the leading Provincial Indigenous Tourism organization in Canada and is mandated to contribute to the preservation of Indigenous culture and advancement of economic development through support, facilitation and promotion of the growth and sustainability of a quality and culturally rich Indigenous tourism industry in British Columbia; and F. In 2017 ITBC s Performance Audit estimated 401 Indigenous tourism-related businesses operating in BC and contributing to the visitor experiences of an estimated 3.6 million overnight travelers in BC. These businesses generate an estimated $705 million in direct gross domestic output and create about 7,400 direct full-time jobs for Indigenous and other BC residents. ITBC has developed a 5 Year Plan for Indigenous Tourism in British Columbia, Pulling Together: ITBC believes that by 2022 Indigenous cultural tourism in BC could welcome 2.2 million visitors per year and help generate $1.5 billion in spending. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs-in-Assembly fully support Indigenous Tourism BC (ITBC) as the lead Indigenous Provincial Tourism Organization and their Vision, Mission and implementation contained in their 5-Year Strategy titled Pulling Together ; and 2. The BC Chiefs-in-Assembly support-in-principle the development and establishment non-political nonbinding Memorandum of Understanding between the BC Assembly of First Nations and Indigenous Tourism BC; and, 3. The Memorandum of Understanding include the following purpose and commitments: Respect for Indigenous people and our culture in the awareness, presentation and promotion of Indigenous tourism products and services through the development of a mutually cooperative partnership in order to promote BC s Indigenous tourism industry. Promotion of the benefits and raising awareness of the importance of tourism to the Indigenous community in BC. Establish a collaborative relationship to achieve outcomes that are mutually beneficial to the BCAFN and ITBC that will support tourism-based community, human resources and economic development in Aboriginal communities. Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 3

23 Support the promotional efforts of ITBC and work with the ITBC to build a strong and vibrant membership. Collaborate on developing guiding principles and joint initiatives that support the development of Indigenous tourism in BC and enhancing the economic prosperity of Indigenous people. Identify new and emerging opportunities together with other tourism industry partners to participate in research, promotion and advertising initiatives and activities that benefit the Aboriginal tourism industry. Partner in joint planning sessions to integrate ITBC s marketing efforts on behalf of the Aboriginal tourism industry with BCAFN s Economic Development Strategy for the benefit of an aboriginal tourism industry. Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 3 of 3

24 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 16/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: BCAFN SUPPORT FOR THE MOOSE HIDE CAMPAIGN MOVED BY: SECONDED BY: DECISION: CHIEF LEE SPAHAN, COLDWATER INDIAN BAND KUKPI7 RON IGNACE, SKEETCHESTN CARRIED ABSTENTION: SHANA THOMAS, PROXY, LYACKSON WHEREAS: A. Indigenous women are three times more likely to experience domestic violence than non-indigenous women, and three times more likely than non-indigenous women to be killed by someone they know. This cycle of violence is rooted in the intersecting issues of colonization, residential schools, and racism against our Peoples. This is a rampant issue that has led to high numbers of missing and murdered Indigenous women and girls, and has caused women and girls to feel unsafe in their homes and communities; B. the United Nations Declaration on the Rights of Indigenous Peoples, which the government of Canada has adopted without qualification, and has, alongside the government of BC, committed to implement, affirms: Article 7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 3

25 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. Article Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities. C. The Moose Hide Campaign is a grassroots movement of Indigenous and non-indigenous men and boys who are standing up against violence towards women and children. Wearing this moose hide signifies your commitment to honour, respect, and protect the women and children in your life and to work together to end violence against women and children. Our vision is to spread the Moose Hide Campaign to organizations, communities, and governments throughout Canada; D. Many efforts, projects, and strategies are now under-way throughout the country to change this reality, but we can and need to do more. Silence is not good enough, and simply being a non-abuser is not good enough. We must speak up and take action, and we need to support each other as Indigenous and non- Indigenous men. E. The Moose Hide Campaign Mission is to end violence towards women and children. To help achieve this, the Moose Hide Campaign will distribute 10 Million Moose Hide squares across Canada. We will stand up with women and children and we will speak out against violence towards them. We will support each other as men and we will hold each other accountable. We will teach our young boys about the true meaning of love and respect, and we will be healthy role models for them. We will heal ourselves as men and we will support our brothers on their healing journey. We encourage you to Take Action, Make the pledge, and Stand up to end violence towards women and children. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs-in-Assembly fully support the Moose Hide Campaign and are committed to ending violence women and children; 2. The BC Chiefs-in-Assembly direct the BCAFN Regional Chief to provide a letter of support to the Moose Hide Campaign; Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 3

26 3. The BC Chiefs-in-Assembly call upon the Province of British Columbia, the Government of Canada and all Canadians to commit to supporting the Moose Hide Campaign and to wear the Moose Hide pin to symbolize their commitment to end violence against women and children; 4. The BC Chiefs-in-Assembly urge the federal or provincial government to ensure adequate resourcing is provided to indigenous organizations who are proactively working to end violence against Indigenous women and children; and 5. The BC Chiefs-in-Assembly direct the BCAFN Regional Chief and staff to work with the Moose Hide Campaign and other like-minded organizations to ensure the Province of British Columbia and the Government of Canada makes progress on ending violence against Indigenous women and children. Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 3 of 3

27 BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS 1004 Landooz Road Prince George, BC V2K 5S3 Website: BCAFN ANNUAL GENERAL MEETING Resolution 17/2018 Musqueam Community Centre, Vancouver, BC October 22-24, 2018 SUBJECT: SUPPORT IN PRINCIPLE FOR THE DEVELOPMENT OF A MEMORANDUM OF COOPERATION BETWEEN THE BCAFN AND FIRST NATIONS MAJOR PROJECTS COALITION MOVED BY: SECONDED BY: DECISION: CHIEF WILLIE BLACKWATER, GITSEGUKLA FIRST NATION CHIEF DAN GEORGE, BURNS LAKE INDIAN BAND CARRIED TWO OPPOSED: KUKPI7 JUDY WILSON, NESKONLITH INDIAN BAND CHIEF RON IGNACE, SKEETCHESTN WHEREAS: A. BC Assembly of First Nations has a mandate to work in coalition with other organizations that advance the rights of Indigenous Peoples; B. the First Nations Major Projects Coalition Society includes member First Nations working collaboratively, cooperatively and cohesively towards the enhancement of the economic well-being of our respective memberships, understanding that a strong economy is reliant upon a healthy environment, supported by vibrant cultures, languages and expression of our traditional laws; C. BC Assembly of First Nations Chiefs in Assembly have recognized and supported the development and work of the First Nations Major Projects Coalition Society through Resolutions 10(i)/2017, Support for Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 1 of 2

28 First Nations Major Projects Coalition and Resolution 03(g)/2018, Continued Support for First Nations Major Projects Coalition; D. First Nations who are members of the First Nations Major Projects Coalition Society are also Members of the BC Assembly of First Nations; and E. the BC Assembly of First Nations and the First Nations Major Projects Coalition are working on objectives that are complementary in nature concerning the development of capacity in relation to economic opportunities and environmental stewardship of our territories. THEREFORE BE IT RESOLVED THAT: 1. The BC Chiefs-in-Assembly support in principle the development and establishment non-political nonbinding Memorandum of Cooperation and Understanding between the BC Assembly of First Nations and the First Nations Major Projects Coalition Society; and, 2. The Memorandum of Cooperation and Understanding include the following principles and objectives: a. Be of a non-binding and non-political nature containing language respecting the uniqueness of each organization s mandate; b. Focus on objectives and goals that relate to capacity building to advance shared economic and environmental stewardship priorities; c. Agree to freely share information between organizations and inform each other of key meetings or other dates that relate to the core objectives and goals of the MOU; d. Agree to jointly advocate for the interests of our respective Members at times where our organizational goals and objectives align. Certified copy of a resolution adopted on the 23 rd day of October, 2018, at the Musqueam Recreation Centre, Page 2 of 2