Recent polls indicate that some Canadians are questioning the claims of First Nations people to a right to self government and self determination. Many within the far-right political spectrumO especially are using terminology such as "government based on race." First Nations people, on the other hand, continue to press for a form of government based on their own history and culture and, indeed, a government based on their own sovereignty.

"It's so difficult trying to explain to Canadians that we had our own system of government before their ancestors came here and that we never relinquished this right to govern ourselves," says Grand Chief Phil Fontaine of the Assembly of Manitoba Chiefs (AMC).

"Most Canadians were not taught an accurate history in school. But we as a people have to get on with the job of restoring our own self determination," Fontaine adds.

As far as First Nations communities located in Manitoba are concerned, the job of restoring First Nations self determination at the approach of the 21st century has taken the form of an agreement signed by Grand Chief Fontaine and the Honourable Ronald A. Irwin, Minister of Indian Affairs and Northern Development (DIAND) for Canada. The agreement, formally titled "The Dismantling of the Department of Indian Affairs and Northern Development, the Restoration of Jurisdictions to First Nations Peoples in Manitoba and Recognition of First Nations Governments in Manitoba," was signed in Winnipeg on December 7, 1994.

The Framework Agreement Initiative (FAI) puts Canada and the AMC into a position to begin negotiations on the details of dismantling the role of the Manitoba regional office of DIAND and, at the same time, augmenting First Nations jurisdiction in all areas with the focus on education, fire services, capital and child and family services.

Nothing is final as to how First Nation jurisdiction will be restored except that Treaty and Aboriginal Rights remain paramount and all First Nations citizens will be involved in the decision making process.

Pre-1800

Since time immemorial, the Cree, Dakota, Dene, Ojibway and other First Nations peoples governed themselves effectively. The relationships and structures used were as diverse as the peoples and reflective of the lives they led. Some were highly complex, with great formalities of ritual and process. Others were simple, practical and family based. All related to the needs, lifestyles and cultures of the people.

1800-1870

Early relationships were based on mutual trust, sharing and mutual interests. The generosity extended by First Nations to early explorers was essential for the development of Canada, as were the technologies that had been developed by the First Nations peoples. This generosity and sharing exemplified itself in many nation-to-nation alliances, which also played a major role in the development and survival of Canada as a distinct nation.

1860-1960

It is the position of the First Nations that relationships between First Nations and settler Canadians entered a long period of decline. The First Nations peoples lived on the margins of society in their own land. The erosion of First Nations peoples' pride, self-respect and independence was set in motion.

1871-1906

In recognition of the special relationship between the Crown and First Nations, Treaties were signed respectively on:

Treaty #1 August 3, 1871
Treaty #2 August 21, 1871
Treaty #3 August 4, 1873
Treaty #4 September 15, 1874
Treaty #5 September 20, 1875
Treaty #6 August 10, 1876 and
Treaty #10 August 28, 1906

It is the position of the First Nations that their forefathers, when they signed the Treaties, believed that their lands would provide home bases, which would provide sustenance, as they always had done:

As long as the sun shines,
The rivers flow and
The grasses grow

1876

The newly created Parliament of Canada passed the first consolidated Indian Act

1876-1966

The Indian Act has and still affects every aspect of First Nations' lives, including:

Lands
Money
Personal assets
Law making
Services and
Citizenship

1994

After almost 120 years, the Minister and the Assembly recognize that it is time to put in place a process that will lead both First Nations and Canada into a new relationship which is based on:

Mutual respect and

The recognition of First Nations' rights of:

Government
Management and
Control of their own lives

As recognized in the inherent right of First Nations to self- government

BACKGROUND

For many years, the Chiefs of Manitoba were increasingly frustrated with the limitations placed on their people by the Department of Indian Affairs. Many Chiefs felt that their community members were ready to have more control and decision-making powers over their lives. These are the events that led to the signing of the Manitoba Framework Agreement Initiative.

October 1, 1993

AMC Chiefs' Resolution directed the establishment of a joint working group to examine the dismantling of the Manitoba regional office of the Department of Indian Affairs and Northern Development (DIAND)

Fall 1993

The Liberal party's "Red Book" promised:

"The Liberal government will be committed to gradually winding down the Department of Indian Affairs at a pace agreed upon by First Nations, while maintaining the federal fiduciary responsibility."

December, 1993

Minister of Indian Affairs Ron Irwin met with the Chiefs of Manitoba to discuss working on the agreement

January - February, 1994

Meetings were held between Minister Irwin, Grand Chief Fontaine and the AMC Executive Council members to discuss the agreement

February, 1994

The AMC Executive Council presented to Minister Irwin a draft Proposal Regarding the Recognition of Manitoba First Nations Governments

March 9, 1994

Minister Irwin introduced the concept of the Manitoba Framework Agreement initiative to the House of Commons

March 14, 1994

AMC tabled a discussion paper to the AMC/DIAND Joint Co-ordinating Group entitled Towards Manitoba First Nations Governments

March 1994

Technical meetings and tribal council consultations started

March, April 14, April 18-19, 1994

Meetings were held between Minister Irwin and Grand Chief Fontaine and the AMC Executive Council which resulted in letters on each party's understanding of the FAI process

April 19-21, 1994

The Chiefs of Manitoba met in assembly at the Opaskwayak Cree Nation (The Pas, Manitoba) to discuss the project

April 20, 1994

Grand Chief Fontaine and Minister Irwin signed a Memorandum of Understanding;

April 21, 1994

The Chiefs in Assembly passed two resolutions regarding the FAI. They agreed:

to continue negotiations in a Resolution entitled Self- Government Process and on negotiation guidelines in the Resolution entitled Guiding Principles for Dismantling of INAC

June 14-16, 1994

At the Special Assembly held in Winnipeg, the Chiefs agreed to proceed with the project, subject to further changes to the Framework Agreement, which would be brought back for consideration and ratification at another Special Assembly

Sept. 1, 1994

At the Special Assembly held in Dakota Tipi, the Chiefs agreed to proceed with the Framework Agreement The Framework Agreement was approved for Canada by Cabinet

December 7, 1994

The Manitoba Framework Agreement Initiative was signed by representatives of the Assembly of Manitoba Chiefs and the Government of Canada

OVERVIEW

I. PURPOSE AND OBJECTIVES

The purpose of the Manitoba Framework Agreement Initiative is to develop First Nations governmental structures and services based on community feedback and direction.

OBJECTIVES:

The objectives are to:

Dismantle the existing departmental structures of the Department of Indian Affairs and Northern Development (hereinafter sometimes referred to as "DIAND") as they affect First Nations in Manitoba;
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
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".

PRINCIPLES:

These principles will guide the process to achieve the Objectives. These principles include:

5.1 First Nations' Treaty rights, aboriginal rights and constitutional rights will in no way be diminished or adversely affected by this process;

5.2 The inherent right of self-government, First Nations' Treaty rights and Aboriginal rights will form the basis for the relationships which will be developed as a result of the process;

5.3 In this process, the Treaty rights of First Nations will be given an interpretation, to be agreed upon by Canada and First Nations, in contemporary terms while giving full recognition to their original spirit and intent;

5.4 First Nations governments in Manitoba and their powers will be consistent with Section 35 of the Constitution Act, 1982;

5.5 The Indian Act will be amended, or repealed, as it applies to First Nations in Manitoba, to the extent required in order to give effect to the new relationships of those First Nations which ratify the new relationships;

5.6 The relationships between the governments of Canada and First Nations in Manitoba will be mutual, stable and secure;

5.7 The primary locus of First Nation Government will be the individual First Nation; in addition, there may be functions of First Nation government carried out at appropriate aggregated levels as determined by First Nations;

5.8 The Crown's fiduciary relationship will continue in accordance with judicial decisions, aboriginal rights, constitutional provisions including Section 35 of the Constitution Act, 1982, the Treaties and other laws and sources of law, or any of them; 5.9 Any and all liabilities for past actions and inactions by Canada will remain with Canada. Liabilities arising out of the exercise of decision-making powers and authorities by First Nations governments in Manitoba, unfettered by involvement of the Minister, will rest thereafter with the First Nations governments in Manitoba;

5.10 Canada recognizes First Nations governments in Manitoba have the power to enter into arrangements with other First Nations governments, provinces, municipalities and the federal government, to deal with issues and relationships deemed to be appropriate;

5.11 First Nations governments in Manitoba will be able to undertake legislative, executive, administrative and judicial functions, based on agreements which are consistent with the inherent right of self-government and, with that proviso, will include, but not be limited to, the protection and promotion of their cultures, identities, institutions, traditions, citizenship, lands, waters, economies and languages;

5.12 This project in Manitoba will not affect other First Nations in Canada or the relationship between such First Nations and DIAND;

5.13 Ratification by the people of each First Nation will be required for any First Nation which moves into the new relationship envisaged by the First Nations governments in Manitoba. However, any First Nation will have the option to remain under the administration of the federal government;

5.14 The implementation of the new relationships will be subject to ratification by a reasonable number of First Nations.

5.15 Provision must be made for the financing of those services that DIAND receives and/or benefits from directly as part of the federal government;

5.16 This Project will have no adverse impacts on other initiatives between Canada and the First Nations of Manitoba; 5.17 Fiscal and/or financial arrangements for operational and administrative costs of First Nations governments and those of program and service delivery will be determined by balancing the needs of the First Nations communities and peoples, the obligations of the federal government to First Nations, federal government resources, federal fiscal and budgetary management requirements, historical levels of funding provided to First Nations in Manitoba, and the scope of the new institutions, structures and responsibilities to be effected;

FAST-TRACK PROGRAMS

In discussions between AMC and DIAND, it has been agreed that these three componentswill be worked on first:

Capital Management,
Education and
Fire and Emergency Services Programs

In addition, it is understood that AMC also wants to work towards jurisdiction of Child and Family Services.

OVERVIEW OF ACTIVITIES

The structure of the work to be undertaken, as detailed in the workplan, is based on the understanding that one of the end results of this initiative will be:

the amendment or repeal of the DIAND Act and the Indian Act, as they affect First Nations in Manitoba, and the establishment and recognition through appropriate mechanisms of First Nations Governments in Manitoba (FNGM),

consistent with the aims and objectives of the Framework Agreement and the principles expressed therein together with the Memorandum of Understanding.

Six (6) major activities have been proposed including:

A. Research on all Programs
B. Analysis of Information and Development of Options for Change C. Governmental Powers and Framework
D. Detailed Government Structures
E. Implementation Planning
F. Implementation

Activities A, B and C will be engaged in at the same time.

ACTIVITIES

Activity A: Research on Existing DIAND Programs

To define the information requirements and undertake the research activities required to fully understand all aspects of the existing DIAND programs as they relate to First Nations in Manitoba.

Activity B: Analysis of Information and Development of Options for Change

To analyze the information and data received from DIAND,
To develop options for changes to existing programs and services,
To present findings for discussion and consultation and To prepare recommendations

Activity C: Governmental Powers and Framework

To consider and recommend the range of powers to be negotiated by the FNGM and
To identify the broad governmental framework that would comprise the essential First Nation Governments of Manitoba design
To identify the legal arrangements necessary to give effect to the exercise of these powers and
To identify the ratification process that will be utilized by people of First Nations of Manitoba communities.

Activity D: Detailed Government Structures

To design the details of the First Nations Governments of Manitoba:
structures and institutions of government operational policies and procedures based on input from the First Nations in Manitoba regarding the:

powers First Nations will exercise governmental frameworks First Nations propose to put in place and range of programs and services First Nations propose to deliver

Activity E: Implementation Planning

To develop detailed implementation plans for community discussion and ratification:
To guide the effective transition from DIAND control to First Nations' Government's in Manitoba control
To ensure uninterrupted delivery of programs and services to First Nations as well as to human resource management

Activity F: Implementation

To proceed with implementation within a defined transitional period with particular attention paid to:

non-disruption of services and
communications with affected parties