The Assembly of Manitoba Chiefs - Chiefs Committee on the Framework Agreement Initiative (CCOFAI) oversees the FAI process and provides ongoing direction to the project management staff. The FAI is comprised of staff in each of the 3 political organizations, AMC, MKO & SCO, with each organization taking a lead role in different areas of development. MKO leads Child & Family Services and the Governance Research Project, SCO leads in Access to Resources/Resource Benefit Sharing and AMC is lead on the Education specific to MKO First Nations and the Comprehensive tables.

Lorne Cochrane, joined the staff of the FAI as the Acting Process Director in March, 2001 and in October, 2001, was appointed, by Grand Chief White Bird, to also serve the role as Lead Negotiator for the FAI. This file has been directed by the Chiefs-in-Assembly to take an aggressive approach in negotiations to ensure progress continues on the FAI. Negotiations will continue to focus on substantial issues related to governance, fiscal relations and jurisdiction (these 3 issues make up the Comprehensive table, also referred to as the Main table) as well as issues arising from technical working tables on Child & Family Services and Education. The technical meeting tables (First Nations/Canada) set the stage for further negotiations by establishing schedules, terms of reference and workplan discussions. Rolling drafts of Agreements-in-Principle (Comprehensive AIP and separate AIP’s in sectoral areas of Education and Child & Family Services). The foremost consideration in the AIP drafting stage is to ensure that the FAI objectives and principles guide the process.

OBJECTIVES

To establish a formal, binding process (herein referred to as “the Project”) between the Minister and the Assembly in order to:

• 1.1 Dismantle the existing departmental structures of the Department of Indian Affairs and Northern Development (hereinafter referred to as “DIAND”) as they affect First Nations in Manitoba;
• 1.2 Develop and recognize First Nations governments in Manitoba legally empowered to exercise the authorities required to meet the needs of the peoples of the First nations; and
• 1.3 Restore to First Nations governments the jurisdictions (including those of the other federal departments);

consistent with the inherent right of self-government, all of which is hereinafter referred to as the “Objectives”.

“Dismantling is really a misnomer. We should not think about it in terms of dismantling the Department of Indian Affairs. It is much more than that. It is about giving life and meaning to our treaties. It goes far beyond this notion of getting rid of the department. What we want to do through this process is gain control over our lives. We want to put forth the control and power where it belongs in the hands of First Nations. That is what this process is about. It is about restoring all the jurisdictions that belong to us, the control that has been denied by successive governments. And it is the process that will enable us to structure our own governments to meet the needs as expressed by our people.”



WHAT IS AN AGREEMENT-IN-PRINCIPLE (AIP)?

An agreement-in-principle (AIP) is not legally binding but is a step to proceed to the next stage of negotiations. It sets out the framework for negotiation of a proposed agreement and confirms the parties are prepared to continue negotiations for a final agreement based on the agreement-in-principle. Once the AIP’s are ratified by the leadership and signed between AMC and Canada, consultation forums will proceed in communities for the development of a Final Agreement in each of the Comprehensive, Education and Child & Family Services tables.

COMPREHENSIVE (Main Table)

The Main Table deals with comprehensive matters; jurisdiction, governance, fiscal relations and implementation issues such as model of agreement. The Main Table is to be used for the purposes of facilitating FAI based negotiations. It is designed to state First Nations interests and contains FAI principles to guide negotiations of a Final Comprehensive Agreement and other AIP’s (eg. CFS, Education).

The AIP must put the strongest First Nation interests forward and rely on the broadest and highest right and relationship (inherent right and prior exclusive occupation) A draft AIP has been provided to Canada on a “without prejudice” basis to initiate discussions. There have also been exchanges of draft concept papers associated with the AIP for discussion purposes. A draft Main Table Agreement-in-Principle has been distributed to all First Nations leadership and tribal councils, October 19, 2001.

Key Issues;

1. First Nations Inherent Right – First Nations position is that the rights are given by and flow from the Creator AND the rights exist and have not been extinguished. Canada’s position is that inherent right is protected by section 35 of the constitution to the extent that it has not been extinguished and to the extent that it can be proven by specific First Nations.

2. Provincial Participation – First Nation position is that negotiations on a self-government agreement is a “bi-lateral” process between First Nations and Canada. The province, however, may be invited into discussions, not negotiations, on issues dealing with current provincial jurisdiction. Canada’s position is that the Province of Manitoba must be one of three parties to any agreement. Their rationale is the Constitution Act, division of powers.

Main Table Working Group

Eugene Peterson, FAI Legal
Loretta Meade, FAI Legal
Erick Bunn, FAI Legal
Lorne Cochrane, Acting Process Director