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Framework Agreement Initiative - 2002 AMC Annual Report


FAI STAFF LIST:
  • Lorne Cochrane, Director of Special Projects
  • Joyce Wilson, Administrative Support
  • Eugene Peterson, Legal Counsel
  • Loretta Meade, Main Table Lead/Legal Counsel
  • Erick Bunn, Legal Counsel
  • Leanne Gillis, Legal Team Administrative Support
  • Shirley Fontaine, Education Liaison
  • Georgina Crate, Child & Family Liaison/Women’s Coordinator
  • Priscilla McIvor, Research/Legal Counsel
  • Tina Keeper, AMC/FAI Communications Advisor
  • Bonnie Peigan, FAI Communications Assistant
INTRODUCTION:

The Framework Agreement Initiative (FAI) is a unique and formal binding agreement signed on December 7, 1994, by the Assembly of Manitoba Chiefs (AMC), on behalf of First Nations of Manitoba, and the Department of Indian Affairs, on behalf of Canada.

It is a process to establish a renewed relationship with the Government of Canada through the recognition of jurisdiction for the First Nations of Manitoba. It is a long term planning process by which First Nations of Manitoba, through the exercise of our Inherent Right to self-determination and protection of Treaties, will serve to regain a balance of spiritual, cultural and economic well-being.

In 2001/02 AMC-FAI was directed by a number of resolutions that dealt with issues of awareness, roles and responsibilities, and Agreement-in-Principle (AIP) negotiations. The focus for 2001/02 was drafting the Agreements-in-Principle with Canada (Comprehensive, Education and Child & Family).

KEY ISSUES:

Awareness:
The continuing challenge of the FAI is to update, inform and seek feedback from First Nation communities and leadership is due to funding restrictions, however negotiations for joint consultation initiatives continue with Canada at each of the Tables.

Roles & Responsibilities:
The Chiefs in Assembly recognize the enormous task of achieving the objectives under the FAI. In doing so, they determined the negotiations and work load for achieving an AIP be distributed between the AMC, MKO and SCO organizations. MKO has taken the lead in Child & Family Services, SCO has taken the lead in Education, and AMC is the lead for the Main (Comprehensive) Table.

Budget Negotiations:
Accessing a budget that meets the requirements of the FAI continues to be a challenge. In 2001/02, $2.4 million was allocated with a breakdown of $1.1 million for the Main Table, $800,000 for CFS and 500,000 for Education.

LINKAGES/COMMUNITY NEEDS:

The FAI has developed an orientation package which is provided to newly elected Chiefs and Councils.

In addition, the FAI has publications available for community distribution that includes the newsletter “A Vision for All”, the FAI also has PowerPoint presentations, public awareness videos, public education kits (in development), a website and a segment in the Ogimaakaan publication. FAI is also participating in a joint communications strategy with the Manitoba First Nations Education Resource Centre (MFNERC) and discussions have begun regarding participation in a joint public education campaign with two federal departments (Heritage Canada & INAC).

The joint FAI/MFNERC strategy will begin with a weekly ˝ hour radio show on NCI scheduled to commence in September 2002.

FAI staff also participate in numerous speaking engagements as part of a larger public education campaign that provides awareness to schools, post-secondary institutions, professional organizations and First Nation communities.

STATUS ON ACTIVITIES:

Work Plan & Budget (2002/03)
For 2002/03, $2.4 million was finalized in April of 2002, however, FAI was successful in achieving a commitment for the flexibility of future budget negotiations. The breakdown of the funding allocation was $800,000 for Child & Family Services; $400,000 for Education with $1.2 million identified for the Comprehensive Negotiations process.

In the event Agreements-in-Principle are achieved, additional resources will be provided for the next stage of consultation with communities.

The development of Agreements-in-Principle during this 2002/03 fiscal year raises the issue of capacity and training. It is the goal of FAI to have the necessary resources, both financial and human, in place when an Agreement is reached. This requires the assessment of needed resources and the establishment of an implementation plan, which identifies the capacity requirements. The FAI will work with specific communities to further develop existing policies and manuals which will need to be in place for First Nations governments. The FAI will be working towards accessing money for community identified capacity requirements for 2003/04.

Role of the Province:
The role of the Province has been an issue at the negotiations tables, pursuant to Resolution #NOV-01-03, and section 7.4 of the Framework Agreement (Blue Book), the Province has been invited to participate in the process.

Initial meetings have been held with provincial representatives to discuss and identify their role at each of the Tables.

In accordance with the Chiefs-in-Assembly resolution, provincial involvement shall be facilitated through a double bilateral agreement to maintain the First Nations-Crown relationship.

Main Table (Comprehensive Agreement-in-Principle):
The FAI has been directed to pursue Agreements-in-Principle with Canada. The table is guided by a number of principles including:
  1. Treaty and Inherent Rights will be recognized and will form the basis of any Agreement.
  2. First Nation pace will be respected. First Nations will determine how and when they will enter into a new relationship with Canada.
  3. Flexibility will be built into the agreement to allow governments to adapt to changes that may occur.
  4. Framework Agreement/Blue Book obligations will be fulfilled.
  5. A new Fiscal Relationship will be established to allow First Nations to govern as they need.
  6. Stable relationships will be established between First Nations and Canada.
  7. Intergovernmental relationships will be established between First Nation and Canadian governments.
Based on these principles the Main Table has begun work on an Umbrella-style model of agreement that provides further negotiations of First Nations agreements. The Draft AIP continues with the Table identifying areas which require further direction from the respective leadership.

Joint Working Group meetings will continue with sessions scheduled monthly or more often if necessary.

Coordination:
Internal working group sessions and Table Leads meetings are held regularly to ensure consistency at each of the tables. Regular updates are provided to the Executive Council of Chiefs as well as to AMC, MKO and SCO Grand Chiefs.

Child & Family Services:
Separate report from MKO.

Education:
Separate Report from SCO.

DEVELOPMENTS / DELIVERABLES:

The Main Table has forwarded Draft #3 of the Comprehensive AIP to Canada for review and feedback. All discussions are on a “without prejudice” basis and all will be brought back to the leadership for review and decision.

With respect to the Model of Agreement, the working group is exploring options for consideration. The Umbrella and First Nation specific Agreements are being explored and will also be brought back for review to determine whether it is a viable option for First Nations in Manitoba.

FAI staff continue to provide updates, research, concept papers, discussion papers on issues that support the negotiations process as well issues that impact on the FAI, such as the FNGA.

The focus for each Table is on achieving Agreements-in-Principle therefore, the concentration for staff continues to be on the drafting of necessary provisions to be included. The AMC, as signatory to the Framework Agreement continues to oversee the FAI process and continues to provide ongoing direction to the project management and staff.