Land Code Development and Report from the Lands Advisory Board

Transcription

1 Land Code Development and Report from the Lands Advisory Board Chief Robert Louie Akisqnuk First Nation November 13, PRESENTATION My presentation will touch upon: The historic significance of this land management initiative; The purpose of the Framework Agreement (FA), and the resulting implementation of community control over lands and resources; Commonly asked questions/concerns; and Examples of First Nation success stories. 2 1

2 The purpose of the FA was to enable First Nations to resume control over their lands and resources for the use and benefit of their members without Government interference, by replacing the land provisions of the Indian Act with First Nation made laws. 3 The Historic Signing February 12, 1996 Hosted by Chippewas of Georgina Island First Nation 4 2

3 On January 1, FA First Nations, Georgina Island, Mississaugas of Scugog Island, and Muskoday, began to govern their own lands and resources. This was Historic! 5 Stz uminus First Nation One of the FA s most important features is that it is entirely community driven. 6 3

4 A Land Code provides increased protection for reserve land. There is no loss of reserve land as the reserve land base can never be diminished, it can however be expanded as many communities have already done. 7 The FA is an Economic Development Success Story A 2009 study, conducted by the international consulting firm of KPMG (which sampled 17 FA communities), found that: $53 million investment from member-owned businesses $100 million investment from third parties businesses >2,000 employment opportunities for band members >10,000 employment opportunities for non-members pumping hundreds of millions of dollars into local economies 8 4

5 The FA is an Economic Development Success Story In a 2013 analysis, KPMG reaffirmed the findings of its 2009 study on the FA costs and benefits to Canada. KPMG also noted that of the total of 32 operational FNs in the study, NOT one FN wanted to return to the Indian Act because land management activities under the FA are: Faster Strengthening FN values & vision Protecting FN legal interests Providing more flexibility, better lease terms for the FN, & better accountability of third-parties to the FN Providing better relationships with financial institutions & the ability to borrow for capital investments Facilitating more consistency with the FN Land Use Plan Increasing the level of interest & participation of Members, as well as awareness of Community issues Increasing both internal investment & external investment 9 What main factors contribute to the success of the FA? designed by First Nations; negotiated by these First Nations with Canada in 1996; continues to be driven by First Nations 10 5

6 The federal government has recognized our right to self-determination and has continued to 11 provide support. Signatory Communities We have grown from a small group of 14 First Nations in 1996 to a group of 112 signatory First Nations stretching from Vancouver Island to Newfoundland. 12 6

7 British Columbia: Aitchelitz Akisqnuk Beecher Bay Campbell River Cape Mudge Chawathil Cheam Cowichan Haisla Nation Homalco Katzie Kitselas Komoks Kwantlen Leq'a:mel Lheidli T'enneh Lil'wat Lower Nicola Malahat Matsqui McLeod Lake Metlakatla Musqueam Nak' azdli Nanoose Neskonlith N'Quatqua Osoyoos Scowlitz Seabird Island Shuswap Shx'wha:y Village Shxw'ow'hamel Skawahlook Skeetchestn Skokale Sliammon Songhees Soowahlie Squamish Squiala St. Mary's Stz'uminus Sumas Tahltan Tsawout Tsawwassen Ts'kw'aylaxw Tsleil-Waututh T'Sou-ke Tzeachten Westbank Williams Lake Yakweakwioose George Gordon Kahkewistahaw Kinistin Mistawasis Muskeg Lake Muskoday One Arrow Pasqua Whitecap Dakota Yellowquill Alberta: Alexis Nakota Sioux Fort McKay Siksika Tsuu T'ina Nation Ontario: Alderville Algonquins of Pikwakanagan Anishinaabeg of Naongashiing Beausoleil Bingwi Neyaashi Anishinaabek Chippewas of the Thames Dokis Garden River Georgina Island Saskatchewan: Cowessess English River Flying Dust Manitoba: Brokenhead Ojibway Buffalo Point Chemawawin Fisher River Long Plain Nelson House Norway House Opaswayak Cree Sagkeeng Swan Lake Henvey Inlet Kettle & S. Pt. Long Lake #58 Magnetawan M'Chigeeng Mississauga Mnjikaning Moose Deer Pt. Nipissing Scugog Island Shawanaga Temagami Wasauksing Whitefish Lake Quebec: Abenakis de Wolinak Innue Essipit Mashteuiatsh New Brunswick: Kingsclear Madwaska Maliseet Saint Mary's Nova Scotia: Membertou Newfoundland: Miawpukek Listing of FA signatory First Nations across Canada. 13 COMMONLY ASKED QUESTIONS/CONCERNS: Pros: What do you feel are the pros and cons of FNLM? First Nation recognized as the Government and real decision maker over their lands and resources Removal of reserve lands from the Indian Act Community control over First Nation land management and development Inclusion of both off-reserve and on-reserve members in important decisions increased accountability to members of the First Nation More efficient management of First Nation land Recognition of First Nation legal capacity to acquire and hold property, to borrow, to contract, to expend and invest money, to be a party to legal proceedings, to exercise its powers and to perform its duties Transfer by Canada of previous land revenues to First Nation Recognition of the right to receive revenue from interests in First Nation land Protection against arbitrary expropriation of First Nation land Protection against loss of First Nation land through surrender for sale Ability of First Nation to protect the environment Ability of First Nation to address the current vacuum on rules related to land during marriage breakdown Recognition of significant law-making powers respecting First Nation land Removal of the need to obtain Ministerial approval for First Nation laws Recognition in Canadian courts of First Nation laws Recognition of right to create modern offences for breach of First Nation laws Ability to appoint Justices of the Peace Ability to create a local dispute resolution processes Establishment of a legal registry system Establishment of a First Nation run Lands Board to provide technical assistance to First 14 Nations 7

8 COMMONLY ASKED QUESTIONS/CONCERNS: What do you feel are the pros and cons of FNLM? Cons: Akisqnuk First Nation will take full responsibility for all future decision making and if wrong decisions are made, could be liable Cannot blame anyone else if make future mistakes. Training will be a priority, thus staff and financial resources will have to be made available. There is no turning back to the Indian Act to get AANDC to take over land decision making. Community readiness Is the community ready for its own FN decision making? Council/Staff experience Does Council and staff feel up to the task to be full decision makers? Typical growing pains of any government o Sufficient resources o Staff o Space o Policy and procedural development o Law making Lots of hard work will be required. 15 COMMONLY ASKED QUESTIONS/CONCERNS: How will a successful FNLM vote affect Akisqnuk First Nation's relationship with AANDC? Successful FNLM votes have historically helped to redefine First Nation relationships with AANDC. It places the First Nation on a level playing field with municipal, provincial, and Federal departments. The fiduciary obligation of Canada continues under the Framework Agreement. The scope of Canada s obligation is reduced, however, because the First Nation is making the day-to-day decisions regarding its lands. Canada would continue to be involved in any land exchange that might take place and for maintaining the First Nations Land Register. AANDC has been, and continues to be supportive of communities choosing to ratify their Land Codes and proceed under the FA. Over time, there will be less contact with AANDC over land matters Lands management funding will be separate and guaranteed annually There will be less reporting to AANDC over Akisqnuk First Nation s affairs As a result of less reporting to AANDC, Akisqnuk First Nation will have more time to go after other funding in other areas AANDC will look to Akisqnuk First Nation as a government and decision maker AANDC s decision making over Akisqnuk First Nation s affairs will disappear With Akisqnuk First Nation being the decision maker, AANDC typically will extend more respect Akisqnuk First Nation. 16 8

9 COMMONLY ASKED QUESTIONS/CONCERNS: What is the process in the event the FNLM vote is unsuccessful? Some First Nations go completely off the radar and AANDC remains the decision maker over its affairs If the first vote is reasonably close, the First Nation will have to convince AANDC that a second vote will likely be successful If AANDC is persuaded to allow a second vote, the FN will have to cover almost 100% of the costs to get a second vote. In some cases, AANDC will agree to cover the Verifier and Ratification vote costs. This is dependent on funding being made available Extensive lobbying to get to a second vote will be required by the FN and the Lands Advisory Board/Resource Centre. The process could take several years. 17 COMMONLY ASKED QUESTIONS/CONCERNS: Why develop a land code if the membership does not want to develop their lands? The Land Code process isn t just about development, it s also about: Becoming self sufficient in the governance and management of First Nation Lands and Resources Protecting Reserve lands for future generations as the First Nation sees fit Reclaiming the responsibility that the Indian Act took away over your Reserve Lands and Resources Enhancing the First Nation Government structure, including a Lands Department Putting important decisions about Lands and Resources in the hands of community members instead of the Minister of Aboriginal Affairs and the Bureaucrats of the Government of Canada. 18 9

10 COMMONLY ASKED QUESTIONS/CONCERNS: Is there a benefit of going through the FNLM process on the way to either self government or Treaty? Absolutely! Perhaps the most crucial part of any Self Government agreement or Treaty is control and decision making over the lands and resources. A framework of the Law making process has to be developed Community input into the laws making process has to be obtained and what better way than the FNLM process Time and extensive energies will be spent developing a framework of law making process. All that is valuable and necessary and will help in selfgovernment and treaty The experience of other First Nations has proven that the benefits of going through the FNLM process have been not only helpful but beneficially necessary to advancing self-government and treaty negotiations dramatically. 19 AKISQNUK QUESTIONS/CONCERNS: Does FNLM effect the progress that the band has made in our Treaty process with the Federal and Provincial governments? No, these are two separate processes. The Framework Agreement is not a treaty and does not affect any treaty rights or negotiations currently underway. How is it a benefit to Akisqnuk members, to have full jurisdiction and control over Akisqnuk lands, yet still be under the control of Canada through the remaining 2/3 of the Indian Act? As mentioned, Land Code is a form of sectoral Self Governance and is the first real recognition by Canada of the inherent right of First Nations to reclaim and have full authority over their reserve lands and resources. You no longer would have to go to the Minister of Aboriginal Affairs with your hat in hand, requesting permission for any activity or development on your lands. Your Land Code will allow you to create and enforce your own laws, protect your lands for future generations (land base can never be smaller than it is today). You take control over what happens on your lands, giving you the ability to plan accordingly and enhance or preserve your lands for your great-great grandchildren. Other services (Education, Health etc.) would continue to be administered by AANDC, until such time as another Agreement is in place for your First Nation. Your Aboriginal Rights or Title will NOT be affected as a result of Land Code

11 AKISQNUK QUESTIONS/CONCERNS : By opting into the FNLM Regime, are we furthering the Policy of Assimilation? No. The essence of the policy of Aboriginal assimilation is that Aboriginal Peoples in Canada have no rights unless they assimilate and become Canadian. Under the jurisdiction of your Land Code, you will have inherent rights and authority over your reserve lands. All 3rd parties who are interested in any activity or development on your lands, must negotiate with you directly and the Minister of Aboriginal Affairs no longer has a say whatsoever. Your lands can no longer be arbitrarily expropriated. Your Aboriginal Rights and Title remain unchanged. 21 AKISQNUK QUESTIONS/CONCERNS: How do laws under Land Code compare to Federal or Provincial by-laws? Firstly, laws under the Akisqnuk Land Code are laws equal to any jurisdiction of the Federal or Provincial Governments. They are not bylaws. Bylaws under the Indian Act, for example, are subservient laws where the First Nation merely is an agent of the Crown. The Crown is the master. This is not the case with laws under a First Nation Land Code

12 AKISQNUK QUESTIONS/CONCERNS : If the Akisqnuk Land Code vote passes and we have opted out of the 34 sections of the Indian Act related to lands, what kind of tools will be provided from the LABRC and AANDC and what will the working relationship with Shxw'ōwhámel be? Your First Nation will receive annual funding from AANDC to operate your lands department. You will receive ongoing support from the LABRC and LAB; Setting up your lands department, Orientation for Lands Advisory Committee, Creating policies and procedures, Law development, Renewing and Negotiating a new 5 year funding agreement with AANDC, Political Support, etc. AANDC continues to have fiduciary responsibility for past omissions and errors. AANDC is responsible for ongoing Phase II/III of the Environmental Site Assessment and Remediation, as determined as a priority. You will also receive ongoing support from the network of FNs across Canada who have been operational under their Land Codes and are willing to share the work they ve completed to date. 23 Framework Agreement First Nation Success Stories: T sou-ke First Nation We Wai Kai First Nation Whitecap Dakota First Nation Westbank First Nation 24 12

13 T sou-ke First Nation: 75 watt, $1.5 million photovoltaic (solar) community project. T Sou-ke Nation is considered the most solarintensive aboriginal community in the world! Attracts eco-tourists from around the globe, including indigenous communities, various levels of government, prestigious Universities, nationally acclaimed museums, etc. Active in numerous aquaculture, forestry, and sustainable farming projects and practices. Partnerships with numerous renowned businesses including Best Western and Pacific Coast Wasabi. The community is focused and committed to achieving: Energy self-sufficiency (have already reduced consumption by 75%) Economic self-sufficiency Food self-sufficiency Cultural and language revitalization 25 T SOU-KE FIRST NATION ECONOMIC DEVELOPMENT - VIDEO 26 13

14 WE WAI KAI FIRST NATION LAND CODE SUCCESS - VIDEO 27 Whitecap Dakota First Nation 28 14

15 Whitecap Dakota First Nation: Through accountable, transparent governance, economic development, stable land tenure management and partnerships, the WDFN has: attracted over $100 million in capital investment created over 700 jobs generated over $90 Million in annual revenue attracted over 1.4 million tourists annually has seen an unemployment reduction from 67% in 1993 to 5% in 2011 Investments include: Dakota Dunes Hotel and Casino Dakota Dunes Golf Links (World Class Golf Course) Dakota Technologies Whitecap Commercial Real Estate Tatanka Ranch (Bison) 29 Westbank First Nation 30 15

16 Westbank First Nation (WFN): Gross Domestic Product (GDP) has grown from $100 million to $500 million annually in the past decade As of 2011, $80 million annual fiscal revenue given to Canada and B.C. through the generation of sales tax, personal income tax and corporate tax on Westbank Lands (Canada$50 million and B.C. $30 million) Ranked 61 out of 162 among B.C. municipalities with the largest assessed property values Consistently outpaced all other B.C. municipalities in annual growth rate since 2003 (annual high of 18%) 31 Westbank First Nation: A dozen major banks & financial institutions on WFN lands Land title insurance (first ever on reserve land in Canada) guarantees investments in excess of $10 million WFN administered the largest provincial infrastructure development projects on a reserve in B.C. (last projects being a $41 million highway intersection and road network; $15 Million road extension and overpass project) Successful management of a community forest operation and a forestry license on over 150,000 acres within WFN s traditional territory Joint venture partnership with a major developer on a world championship golf course, resort, residential and vineyard project that saw 152 acres transferred to WFN 32 16

17 Westbank First Nation: The impact that our Land Code, and Self-Government agreement, has had on WFN includes: Increased accountability and transparency of WFN government Political and financial stability Security of land tenure (individual and collective) Increased property values Increased opportunities for members (employment, business, education, etc.) Improved standard of living and social web of community Increased capital investment on WFN Lands (infrastructure and associated land development) Increased cultural awareness and cultural programming Community pride in being self-determining and not governed by Canada Significant contribution to local economy fiscal & economic 33 Largest residential & commercial development of any reserve in Canada More land and lease transactions than any reserve in Canada 34 17

18 WESTBANK FIRST NATION LAND CODE / SELF GOVERNMENT SUCCESS - VIDEO 35 Future WFN Projects 82 bed, and 10 operating rooms, Okanagan Integrated Health Centre and related health services ($130 million dollar first phase) which will be the first private medical facility of its kind in Canada 36 18

19 Consider these statistics: More than one out of every five First Nations in Canada want to implement self-determination under the FA; Hundreds of millions of dollars are being invested in economic development projects on FA First Nations reserve lands; and thereby Canada is receiving a financial return ten times the dollars that the federal government is investing in the FA process. 37 The FA First Nations have accomplished all of this success without risking the integrity, legal protection, jurisdiction or control over their lands. We have proven, unequivocally, that financial institutions, investors and third-parties support us in maintaining and protecting our reserve lands. This process is working for us, and it will work for our children, and it will work for their children. Stz uminus First Nation 38 19

20 Congratulations to the following communities on the ratification of their community Land Codes: Shuswap Indian Band - Invermere, BC - Vote Date: Sept 5, 2014 Haisla First Nation - Kitamaat, BC - Vote Date: Jun 28, 2014 Williams Lake Indian Band - Williams Lake, BC - Vote Date: May 7, 2014 St. Mary s Indian Band - Cranbrook, BC - Vote Date: Apr 15, 2014 Bingwi Neyaashi Anishinaabek - Thunder Bay, ON - Vote date: Mar 29, 2014 One Arrow First Nation - Bellevue, SK - Vote date: Mar 28, 2014 Skowkale, Yakweakwioose & Aitchelitz - Sto:lo Nation, BC - Vote date: Dec 14, 2013 Stz uminus First Nation - Ladysmith, BC - Vote date: Dec 6, 2013 Dokis First Nation - Dokis, ON - Vote date: Nov 30, 2013 Flying Dust First Nation - Meadow Lake, SK - Vote Date: Jun 21, 2013 Musqueam Indian Band - Vancouver, BC - Vote Date: Dec 3, 2012 We Wai Kum - Campbell River, BC - Vote Date: Jun 5, 2011 Snaw-Naw-As - Lantzville, BC - Vote Date: Aug 9, 2011 Anishnaabeg of Naongashiing - Morson, ON - Vote Date: Jun 25, Any First Nation, if it wishes, should have the opportunity to participate in this land management initiative. The LAB is committed to assisting all First Nations in achieving their desired goal of exercising their inherent right to control their reserve lands and resources. THANK YOU! 40 20