The Assembly of Manitoba Chiefs - Chiefs Committee on FAI (CCCOFAI), oversees the FAI process and stated in their report:

First Nations must ensure that they have the political will and are united to safeguard the implementation of Treaties and secure the Crown's compliance in honouring the spirit and intent of treaties as understood by the First Nations signatories to the Treaties.

Canada must ensure its politicians and bureaucracies are fully informed and knowledgeable of inherent rights, treaty relations, constitutional and legal protections to ensure negotiations issues are properly addressed.

Canada must take immediate steps to rectify the flaws in its structural and administrative processes for achieving AMC-FAI objectives. The process must be based on a nation-to-nation relationship that brings honour to the Crown.

The CCOFAI members are: Chief Ken Whitecloud, Sioux Valley Dakota Nation; Chief Douglas Ballantyne, Grand Rapids First Nation; Chief Morris Shannacappo, Rolling River First Nation; Chief Arnold Ouskan, War Lake First Nation; Chief Jerry Primrose, Nisichawayasihk Cree Nation; and Chief Sheldon Kent, Little Black River First Nation.

POLITICAL DIRECTION

In May 2000, the Assembly of Manitoba Chiefs - Framework Agreement Initiative (AMC-FAI) held a Special Chiefs Assembly on Education. A Chiefs-in-Assembly resolution clarified that in the education negotiation process - the provincial role "shall not include being a party to a negotiated agreement between First Nations and Canada." This Assembly also resulted in formal support for multi-year funding for the Manitoba First Nations Education Resource Centre, an initiative of the AMC to provide education services to Manitoba First Nations schools.

In March 2001, a Special Assembly on the FAI was held which resulted in the passage of several resolutions including one resolution on the AMC-FAI process and two resolutions dealing with Treaties. The Chiefs-in-Assembly directed the three Grand Chiefs of the Assembly of Manitoba Chiefs (AMC), the Manitoba Keewatinowi Okimakanak (MKO) and the Southern Chiefs Organization (SCO) to:

…negotiate together with the federal government to develop a comprehensive package including funding levels for community and leadership…the time frame for the results of the negotiations be provided within six (6) months…

The Chiefs-in-Assembly resolution endorsed the establishment of a Treaty Implementation Process in Manitoba and development of a strategy to ensure the Process complements and is co-ordinated with the FAI.

Neither of these developments are to result in the:

...abrogation, derogation, or domestication of any Treaty, Treaty relationship or Treaty and Inherent Right or does not delay, impair or in any way affect existing Treaty and self-government processes.

In follow-up to the resolution, AMC is seeking funding for the development phase, establishment of a Treaty Commission process, which also includes research initiatives for Oral History on Elders' perspectives on the Treaties' spirit and intent to commence May 2001; and a forum on Treaties is in development through the Grand Chiefs office.

NEGOTIATIONS UPDATE

AMC and Canada (through DIAND) resumed the FAI negotiation process in November 2000. AMC FAI received Phase I funds towards developing Agreements in Principle on Education and Child and Family Services, with a commitment for flexibility and continued budget negotiations.

On April 12, 2000, DIAND Minister Robert Nault wrote to AMC stating that he was committed to addressing "governance and restoration of jurisdiction to First Nations" and ensuring "immediate progress, particularly in the areas of child and family services, education and maximizing benefits from natural resources". He also called for cancellation of "individual community contacts" and "consultations to be refocused".

Minister Nault appointed David Walker as the Senior Federal Negotiator while Grand Chief White Bird has been designated the AMC Interim Negotiator.

AMC and DIAND have reached agreement on the Terms of Reference for a Main Table. Negotiations will focus on substantial issues with respect to Governance, Fiscal Relations and Jurisdiction as well as issues arising from the Technical Working Tables on CFS and Education. The parties have their representatives for the Joint AMC/Canada Working Groups on Education and Child and Family Services in accordance with the jointly developed terms of reference for the Technical Working Tables.

Child and Family Services

The Manitoba Keewatinowi Okimakanak (MKO) office has the lead role in implementation of the joint work plan for MKO, AMC, and the Southern Child and Family Service units. The MKO office is also co-ordinating the Child and Family Services Working Group which will be developing a draft Agreement-in-Principle during Phase 1.

Education

The AMC-FAI has agreed to lead in the development of a draft Agreement-in-Principle for education. The AIP will incorporate consultation feedback from First Nations communities through the former Education Framework Agreement (EFA) process (1990-1994) and subsequent FAI process from 1994 to 2000.

Governance

A Joint Canada/AMC Working Group on Governance has been established to implement the design and development of First Nations governments based on initial First Nation input and consultations.

Fiscal Relations

The Joint Canada/AMC Working Group on Fiscal Relations has also been established. The Working Group will discuss issues for research and provide options and solutions to address Canada/First Nations fiscal relations.

Resource Benefit Sharing

The Southern Chiefs Organization (SCO) office proposed joint work plan to co-ordinate research and development activities related to resource benefit sharing forms part of the negotiations.

Consultation

Materials on First Nation Governance community consultation workshops have been compiled and provided to First Nation offices and the DIAND Region with copies provided to Minister Nault. To date, over 13,000 First Nations members have been consulted on the AMC-FAI process which represents over 20% of the total on-reserve Manitoba First Nations population.

Budget negotiations for consultation funds for phase 2 work plan will focus primarily on the draft AIP's. Consultations on the CFS and Education Agreements-in-Principle will determine the content of agreements in these two areas.

BUDGET NEGOTIATIONS

Funding setbacks resulted in a significant reduction of multi-year work plan activities and affected staffing levels in the second quarter of the 2000/01 fiscal year.

For 2001/2002, AMC has successfully negotiated $2.4 million for Phase I: $800,000. for Child and Family Services; $500,000. for Education with the remainder ($1.1 million) for AMC-FAI administration and the establishment of the Main Table negotiation process.

The AMC-Canada budget negotiation also received commitment through the DIAND Manitoba region for flexibility and continued budget negotiations. The AIP will be reviewed at the First Nation level and by the Chiefs-in-Assembly at the next annual assembly.

What is an Agreement-In-Principle (AIP)?

An Agreement-in-Principle sets out the framework for negotiation of a proposed agreement. It confirms the parties are prepared to continue negotiations for a final agreement based on the agreement-in-principle. An agreement-in-principle is not legally binding but it outlines the intent of the parties to proceed to the next stage of negotiations. The foremost consideration in the AIP drafting stage is to ensure that the Framework Agreement Initiative (FAI bluebook) objectives and principles will guide the process. In contrast to the AIP's, the FAI agreement is a legally binding agreement.

The terms and conditions of the Agreement-in-Principle will be shared with all Manitoba First Nations citizens during the next consultation phase.