MICHIPICOTEN FIRST NATION MINUTES OF CHIEF AND COUNCIL REGULAR MEETING APRIL 23, 2015-4:00 PM IN THE BAND HALL Council: Staff: Band Manager: Recording Secretary: Chief Joe Buckel! Councillor Linda Peterson Councillor Don Humphries Councillor Irene Armstrong Councillor Evelyn Stone Councillor Bill Swanson Councillor Myrtle Swanson Carol Sanders Doreen Boissoneau A. OPENING OF MEETING 1. CALL TO ORDER BCR # 2015-01 MOTION # 05/2015 Moved: Myrtle Swanson Seconded: Irene Armstrong BE IT RESOLVED THAT: the Regular Meeting be called to order at 4:06pm 2. OPENING PRAYER 3. ADJOURN TO IN-CAMERA SESSION BCR # 2015-02 MOTION # 06/2015 Moved: Don Humphries Seconded: Irene Armstrong BE RESOLVED THAT: Council proceed in-camera at the hour of 4:08p.m. to discuss the following issue(s): o Security of the property of the Band o o Personal matters about an identifiable individual, including Band employees A matter in respect of which the Council has authorized a Meeting to be closed under any legislation 4. RETURN FROM IN-CAMERA SESSION BCR # 2015-03 MOTION# 07/2015 Moved: Irene Armstrong Seconded: Linda Peterson BE IT RESOLVED THAT: Chief and Council return to the Regular Meeting and report.
5. APPROVAL OF AGENDA BCR# 2015-04 MOTION # 08/2015 Moved: Myrtle Swanson Seconded: Bill Swanson BE IT RESOLVED THAT: the Agenda for the Chief and Council Regular Meeting of April 23, 2015 be approved with the following additions/deletions: New Business: 1 J) ChairpersonNice Chairperson for Band Council 6. DECLARATION OF CONFLICT OF INTEREST- NONE B. APPROVAL OF MINUTES BCR # 2015-05 MOTION # 09/2015 Moved: Bill Swanson Seconded: Don Humphries BE IT RESOLVED THAT: The following Minutes of the Regular Meeting(s) of Chief and Council be approved and that the Chair and Band Manager be authorized to sign the Minutes and initial all pages and that the original Minutes be placed in the Minute Book for safekeeping: 1. Chief and Council In-Camera Meeting Minutes of March 26, 2015 2. Chief and Council Regular Meeting Minutes of March 26, 2015 3. Chief and Council Inaugural Meeting Minutes of April 8, 2015 C. REPORTS D. MEMBER REQUESTS E. OLD BUSINESS F. NEW BUSINESS 1. COMMITTEE & DELEGATE APPOINTMENTS NOTE: Committee and/or Delegate Appointments are requested to provide the Executive Secretary with a summary report of meeting that are attended for Chief and Council's review A. FINANCE COMMITTEE BCR # 2015-06 MOTION# 10/2015 Moved: Linda Peterson Seconded: Don Humphries WHEREAS by By-Law No. 2002-2, the Financial Administration By-Law at paragraph 6 established a Finance Committee consisting of five individuals, namely:
The Chief, Ex-Officio One Chair (Councillor) One Councillor One Band Member The Band Manager NOW THEREFORE BE IT RESOLVED THAT: 1. The following two Councillors be appointed to the Finance Committee: Councillor Irene Armstrong Councillor Bill Swanson 2. The Chair of the Finance Committee shall be elected by the Committee and serve for a term consistent with the term of office of the Band Council. B. HOUSING COMMITIEE BCR# MOTION# Moved: Seconded: WHEREAS the Housing Policy contains the Terms of Reference for a Housing Committee as amended from time to time by Band Council Resolution and the composition of the Housing Committee shall be: The Chief, Ex-Officio One Councillor Two Band Members The Band Manager NOW THEREFORE BE IT RESOLVED THAT: The following Councillor be appointed to the Housing Committee and shall be the Chair of the said Committee: Councillor ----------------------- DEFERRED C. PERSONNEL COMMITIEE BCR # 2015-07 MOTION# 11/2015 Moved: Linda Peterson Seconded: Irene Armstrong WHEREAS by Band Council Resolution 2002-105, Terms of Reference for the Personnel Committee were established, The Chief, Ex-Officio One Councillor who is not an employee of the Band Band Manager Public Works Adminstrator Executive Secretary )
NOW THEREFORE BE IT RESOLVED THAT: The following Councillor be appointed to the Personnel Committee and shall be the Chair of the said Committee: Councillor Don Humphries D. HEALTH AND SAFETY COMMITIEE- TERMS OF REFERENCE & POLICY BCR # 2015-08 MOTION # 1212015 Moved: Linda Peterson Seconded: Don Humphries WHEREAS, by Band Council Resolution, Chief and Council accepted the recommendation of the Personnel Committee to establish a Health and Safety Committee, Terms of Reference and administrative policy. NOW THEREFORE BE IT RESOLVED THAT Chief and Council in accordance to the Health and Safety Committee, Terms of Reference appoint: 1. Councillor Irene Armstrong as Chair of the Committee E. ECONOMIC DEVELOPMENT COMMITIEE BCR # 2015-09 MOTION# 13/2015 Moved: Myrtle Swanson Seconded: Irene Armstrong WHEREAS by Band Council Resolution 2003-55, Terms of Reference for the Economic Development Committee were established, and WHEREAS the composition of this Committee is composed of The Chief, Ex-Officio One Councillor who is not an employee of the Band Two Band Members who are not employees of the Band Band Manager NOW THEREFORE BE IT RESOLVED THAT: 1. The following Councillor be appointed to the Economic Development Committee and shall be the Chair of the said Committee: Councillor Bill Swanson
F. EDUCATION COMMITIEE BCR # 2015-10 MOTION# 1412015 Moved: Linda Peterson Seconded: Don Humphries WHEREAS by Band Council Resolution 2003-21, Terms of Reference for the Education Committee were established, AND WHEREAS the composition of this Committee is composed of The Chief, Ex-Officio One Councillor who is not an employee of the Band One Band Member between the ages of 18 and 29 Band Manager NOW THEREFORE BE IT RESOLVED THAT: 1. The following Councillor be appointed to the Education Committee and shall be the Chair of the said Committee: Councillor Myrtle Swanson G. DILICO ELECTION/APPOINTMENT OF DIRECTOR AND DELEGATE BCR # 2015-11 MOTION # 1512015 Moved: Bill Swanson Seconded: Irene Armstrong WHEREAS each Affiliated First Nation shall elect or appoint a minimum of three (3) and a maximum of five (5) qualified persons who shall be admitted by the Board of Directors as ex-officio members ("corporate members'? of the Corporation to represent the interest of the respective First Nation as per Section 5.02(1) of By-Law #1; AND WHEREAS each Affiliated First Nation shall elect or appoint from among their corporate members two (2) persons to serve as delegates from their respective Affiliated First Nation as per Section 5. 02(2) of By-Law #1; AND WHEREAS the delegates of each Affiliated First Nation shall elect a director from among its corporate members of the Corporation at its own community, and such director must be a corporate members of the Corporation, and a delegate for the entire term of their office as per Section 6.01(2) ofby-law#1; AND WHEREAS there shall be an election of Directors yearly and each Affiliated First Nation shall, by Band Council Resolution (BCR) directed to the Corporation indicate the name of the person who has been elected by the delegates of the First Nation that take office as a Director of the Corporation as per Section 6.01 (3) of By-Law #1; ) l..i,
BE IT RESOLVED THAT Michipicoten First Nation hereby informs the Corporation that the following persons have been elected or appointed pursuant to Section 5.01, 5.02, 6.01 of By-Law #1; Director: Councillor Don Humphries Delegate: Councillor Myrtle Swanson Delegate: Councillor Evelyn Stone BE IT FURTHER RESOLVED THAT notwithstanding that no written resignation is submitted as member or delegate shall be deemed to have resigned upon his/her replacement by the respective Affiliated First Nation as per Section 5. 02(2) of By-Law#1. H. BIIDAABAN HEALING LODGE IN. APPOINTMENT OF COUNCIL'S REPRESENTATIVE ON BOARD OF DIRECTORS BCR # 2015-12 MOTION# 16/2015 Moved: Linda Peterson Seconded: Don Humphries BE IT RESOLVED THAT the following persons be appointed as Council's representatives on the Biidaaban Healing Lodge Inc. Board of Directors: Councillor: Alternate Councillor: Alternate Councillor: Myrtle Swanson Irene Armstrong Vacant I. MINISTRY OF NATURAL RESOURCES AND FORESTRY- FOREST MANAGEMENT PLANNING TASK TEAM BCR # 2015-13 MOTION# 17/2015 Moved: Don Humphries Seconded: Myrtle Swanson WHEREAS representation from Michipicoten First Nation was requested from the Ministry of Natural Resources and Forestry to sit on the Forest Management Planning Task Team; NOW THEREFORE BE IT RESOLVED THAT: 1. Chief and Council appoint the following person to represent Michipicoten First Nation on the Ministry of Natural Resources and Forestry, Forest Management Planning Task Team: Councillor Bill Swanson
J. CHIEF AND COUNCIL CHAIRPERSONNICE CHAIRPERSON FOR BAND COUNCIL MEETINGS BCR # MOTION # Moved: Seconded: WHEREAS, Michipicoten First Nation's Chief per Chief and Council Policies and Procedures, may appoint a Vice Chairperson in his/her absence; and WHEREAS, at the Chief's discretion, the Chairperson's responsibilities may be rotated among Band Councillors. NOW THEREFORE BE IT RESOLVED THAT: The following Councillor be appointed as Vice Chairperson for Band Council Meetings when Chief Buckel/ is absent: -=C=o=un=c=i'='o=r DEFERRED 2A. NORTHEAST SUPERIOR REGIONAL CHIEF'S FORUM- CHAPLEAU CROWN GAME PRESERVE (CCGP) BCR # 2015-14 MOTION # 18/2015 Moved: Myrtle Swanson Seconded: Don Humphries WHEREAS Michipicoten First Nation (MFN) is a member in good standing with the Northeast Superior Regional Chiefs' Forum (NSRCF); and WHEREAS the vision of the NSRCF includes rebuilding the ecological integrity of the Chapleau Crown Game Preserve (CCGP) through the advancement of a Conservation Economy development agenda as well as a First Nation economic opportunities agenda that is tied to OMNRF's Condition # 34 obligations; and WHEREAS the NSRCF has attempted to work collaboratively with the OMNRF over the last several years in support of its vision, resulting in a Statement of Interest letter signed by two Assistant Deputy Ministers on November 12, 2013 that committed OMNRF to consider a CCGP Conservation Economy approach as well as a Condition #34 development agenda; and WHEREAS it is the opinion of the NSRCF Chiefs that OMNRF breached the spirit and intent of the Statement of Interest letter in a number of ways which has led to the compromise of the NSRCF Conservation Economy agenda; and WHEREAS the NSRCF Chiefs recently agreed to take steps that would ensure that the CCGP ecological protection agenda is not further compromised. WHEREAS the MFN political leadership supports the NSRCF's intention to petition the OMNRF to freeze the advancement of the Martel Forest Plan, the Magpie Forest Plan and the CLUAH final plan until each of these exercises take into full consideration NSRCF Conservation Economy objectives.
THEREFORE BE IT FINALLY RESOLVED that the MFN political leadership also supports a full freeze on any wood harvesting activities on the Magpie Forest until such time as the NSRCF's Conservation Economy and Condition #34 interests are fully accommodated. 28 NORTHEAST SUPERIOR REGIONAL CHIEF'S FORUM- FUEL CARDLOCK SYSTEM (DISCUSSION) 3. MICHIPICOTEN FIRST NATION (MFN) OPPOSES THE NUCLEAR WASTE MANAGEMENT ORGANIZATION (NWMO) OPERATING WITHIN THEIR TRADITIONAL TERRITORY BCR # 2015-15 MOTION# 19/2015 Moved: Myrtle Swanson Seconded: Don Humphries WHEREAS, Northern Ontario is being targeted to become a storage site for 2 million bundles of irradiated high level nuclear waste fuel bundles; these radioactive nuclear bundles would be shipped through our traditional homelands, buried, covered up and eventually abandoned. The process of burying high level radioactive nuclear waste 500 metres under the earth's surface is experimental and has not been carried out anywhere in the world. The White River, Hornepayne, and Manitouwadge Municipalities are working with the NWMO to become the host community for nuclear waste; if any one of these communities is selected, this would result in NWMO burying ALL OF CANADA'S HIGH LEVEL RADIOACTIVE NUCLEAR WASTE in our Traditional territory, and WHEREAS, Michipicoten First Nation (MFN) has used and occupied these lands since time immemorial. MFN consistently asserts its rights to our lands and resources on behalf of our citizens, and our people have practiced their Aboriginal rights on these lands and these rights are protected by s.35 of the Constitution Act 1982. Our Aboriginal rights include hunting, fishing, trapping, medicinal harvesting, food harvesting, camping, gathering and conducting ceremonies etc., and WHEREAS, we have a mandate from the Creator to protect our lands and waters and have been doing so for thousands of years. Nuclear waste is a poison that will damage our homelands and the natural resources for which we depend upon, including our ability to practice our Aboriginal rights and traditional ways within our territory, and WHEREAS, (a) we are fully aware that the Deep Geological Repository would need to be isolated from people and the environment for a million years; (b) we realize that the half-life of such waste is 10,000 years; (c) we have considered the extreme danger to our traditional and contemporary homelands, lifecycle and Mother Earth; and (d) we have concluded that there is no such area in our traditional territory that could host such a site, and
WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states in Article 26 that; "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied, or otherwise used or acquired; 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; 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.", and WHEREAS, UNDRIP states in Article 29 that: "Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources; States shall establish and implement assistance programs for Indigenous peoples for such conservation and protection, without discrimination:", and WHEREAS, the White River, Homepayne and Manitouwadge Municipalities have erroneously represented themselves for potential host communities because the repository sites would be located outside of their municipal boundaries and within the traditional territory of MFN, and they have done so without the informed consent of Michipicoten First Nation, and WHEREAS, Michipicoten First Nation supports our First Nation brothers and sisters in our traditional territories in their opposition to a Nuclear Waste Repository. NOW THEREFORE BE IT RESOL VIED, that Michipicoten First Nation hereby unequivocally states its opposition to the transportation, disposa l and storage of used nuclear fuel/high level radioactive waste in the MFN Traditional territories which specifically includes the sites in and around the municipalities of White River, Homepayne and Manitouwadge. WE SAY NO TO NUCLEAR WASTE. G. MEMBERSHIP QUESTIONS FROM THE FLOOR ) 1. Cardlock initiative - Member read NSRCF BCR wording. 2. Member requests to be more informed and involved in MFN initiatives. 3. Member questioned the number of Councillors required on Council due to the growing membership of MFN. Chief advised that currently the number of Chief and Council is established by Ministerial Order, but is optional on the number of Councillors or as per the Indian Act but Council would require an application for Ministerial Approval if requesting a change.
4. Member spoke of Wind Farm projects- advising that additional projects were being proposed over the next 20 years and that he supports this initiative as it will create jobs for next generations. What is MFN's position on wind farms? 5. Member asked what other options are there for future job opportunities for MFN?, i.e. Highway 17 @ Catfish Lake. 6. Member asked whether MFN will be providing new housing in the future. The Chief asked the Band Manager to respond and currently there is only one surveyed lot available; future development would have to be in an alternate area. 7. Member asked about Working Council Meetings? 8. Member asked if there was funding available for new roofing? H. CLOSE OF MEETING 1. CLOSING PRAYER 2. MOTION TO CLOSE BCR# 2015-16 MOTION# 20/2015 Moved: Evelyn Stone Seconded: Irene Armstrong RESOLVED THAT: the Regular Meeting be closed at 8:23pm and the next Regular Council Meeting be held as scheduled on May 28, 2015 in the Band Hall. The preceding Minutes were reviewed and discussed by the Council at its Regular Council Meeting of May 28, 2015 as noted in Motion # authorizing the signing of the Minutes by the Chair and the Band Manager and the initialing of the preceding 10 pages of these Minutes by the Chair and Band Manager. Chair