Assembly of Manitoba Chiefs

ASSEMBLY OF MANITOBA CHIEFS

GENERAL ASSEMBLY

SUMMARY REPORT

November 27, 28, 29, 2007

DAKOTA TIPI FIRST NATION

TABLE OF CONTENTS

DAY 1 – NOVEMER 26, 2007………………………………………………………....... 4

Opening Ceremonies……………………………………………………………………… 4

Opening Remarks…………………………………………………………………………. 4

Host Chief Cornell Pashe, Dakota Tipi First Nation ……………..……………..………….4

Regional Chief Katherine Whitecloud, Assembly of First Nations…….. ………………….4

Grand Chief Ron Evans, Assembly of Manitoba Chiefs………………………….. 5

First Nation Treaties in Manitoba

· Grand Chief Ron Evans, AMC………………………..………. 5

· Grand Chief Sydney Garrioch, MKIO……………………….. ………. 6

AFN Youth Summit Report, Jessica Pierre, MB Regional Youth Rep …………….….. 7

Treaty Relations Commission Update – Dennis White bird, Treaty Commissioner ……. 7

First Nation Treaties – Grand Chief Morris Swan-Shannacappo, SCO…………………... 9

Elder Albert Taylor’s Comments on Youth Summit…………………………………….... 9

Numbered Treaties Spokesperson Report – Chief Ovide Mercredi……………………..… 9

Review of Agenda……………………………………………………………………….. 11

DISCUSSION ITEMS

Urban First Nations………………………………………………………………….…….. 13

Smoking Ban Plan of Action ………………………………………………………………15

Remote and Isolated First Nations Plan of Action…………………………………………16

Bi-Pole III Issues…………………………………………………………………………..17

MB First Nations Health and Wellness Strategy, Chief Marcel Balfour………………….18

Intergovernmental Committee on First Nations Health, Chief Marcel Balfour…………..19

DAY 2 – NOVEMBER 28, 2007

CMHC – Overview of the Market Housing Trust Fund – Deborah Taylor, CMHC……… 22

CMHC – Update on Response to Market Housing Trust Fund, Deborah Taylor, CMHC 22

CMHC – Open Discussion on Market Housing Trust Fund, Deborah Taylor/Earl Commanda ……22

Canadian Human Rights Museum Report – Gail Asper …………………………............. 28

Gaming, Chief Dennis Meeches……………………………………………………………. 30

Assembly of First Nations – Regional Dialogue on Resolving Specific Claims – Tonio Sadik and Bryan Schwartz, AFN ……………………………………………………………………………………. 32

DAY 3 – November 29, 2007

CMHC – NISI Program – Ken Zulyniak………………………………………………….. 33

CMHC – Aboriginal Capacity Development Issues – Rylan Reed, CMHC………………. 34

CMHC – Section 95/RRAP – Donna Burke, CMHC………………………………………. 35

Urban Home Ownership – Darcy Wood, Frank Whitehead, AMC and Harry Deleeuw, Manitoba Real Estate Association …………………………………………………………………….. 40

Mathias Colomb Environmental Contamination…………………………………………… 41

First Nations Health – Chief Norman Bone………………………………..………………...43

FMM on Health – Chief Donovan Fontaine………………………………………………… 45

First Nations Disability Update – Shirley Fontaine, AMC………………………………….. 47

Closing Remarks/ Closing Ceremonies ……………………………………………………… 48

APPENDIX I – CERTIFIED RESOLUTIONS

NOV-07.02 MANITOBA FIRST NATION LEADERSHIP COUNCIL

NOV-07.03 REMOTE AND ISOLATED COMMUNITIES

NOV-07.04 AMC REPRESENTS URBAN First Nations

NOV-07.06 AD HOC COMMITTEE ON JURISDICTION REPORT

NOV-07.07 FEDERAL SURPLUS TO FIRST NATION DEBT

NOV-07.09 CANADIAN HUMAN RIGHTS MUSEUM

NOV-07.10 SUPPORT FOR NEW CASINO OWNED BY ALL MANITOBA FIRST NATIONS

NOV-07.11 AMC COMMUNICATIONS

NOV-07.13 NCI RADIO

OPENING CEREMONIES

Pipe Ceremony conducted by Elder Keith Pashe, Dakota Tipi First Nation

Grand Entry/Opening Flag Songs by the Good Time Ojibway Drum Group

Opening Prayer by Elder Randolph Pashe, Dakota Tipi First Nation

Elders Message by Elder Albert Taylor, AMC Elder

OPENING REMARKS

Chairperson David Spence provided opening remarks and welcomed all in attendance. He expressed thanks to Elder Albert Taylor who is here to offer advice this morning. Once a quorum is achieved we will adopt the agenda and rules of procedures and then the business of the agenda.

Host Chief Cornell Pashe, Dakota Tipi First Nation

Chief Pashe expressed thank you to the Chair, the Elders for the opening prayer and pipe ceremony and the drum group for the songs. He is honoured to be here today welcoming everyone to the Assembly. He anticipated a productive three days as they deal with issues that affect all their communities. It will take leadership, discussion and resolution to the Grand Chief to address the issues. Leadership deals with many obstacles but we are responsible to speak for the grassroots people. He wished everyone an enjoyable stay in their community.

Regional Chief Katherine Whitecloud, AFN - Manitoba Region

She extended greetings to all in attendance. She then thanked everyone for their songs, prayers and messages. The Regional Chief welcomed the Elders in attendance and acknowledged the passing of Elder Leonard York, Norway House Cree Nation. She thanked the Host Chief and Dakota Tipi citizens for their hospitality and welcomed all to the Assembly. She provided an update on various current issues beginning with the Congress of Aboriginal Peoples (CAP) and their assumed representation of our citizens regardless of where they live. She noted that at 9:45 AM announcement would be forthcoming by the National Chief and the federal government on the specific claims process. New legislation is to be introduced and a conference call will occur at 3:30 PM for specific information. A number of resolutions will be addressed at the AFN Special Chiefs Assembly in December with regards to CAP and specific claims.

She acknowledged the Veterans of past, present, and future and the work they continue to meet on, in particular a meeting with the Minister of Defense to review 7 issues.

She acknowledged the important Youth Summit held in Winnipeg in late October. A plan of leadership was developed and the Chiefs will hear from them today. There is a strong youth council who received support from the Elders during the summit

She voiced concern on health programs being eliminated in particular the CHN network funds and no input from First Nations. She thanked Chief Crate and Shirley Fontaine for their continued work and advocacy in education and the upcoming Treasury Board authority renewal. There were challenges in getting government to listen. She stated it’s important that delegates be at the assembly to provide input on the many issues and to stand firmly based on the challenged relationship with the federal government.

She spoke of a meeting in Ottawa with Senator Dalaire to address the sexual exploitation of our youth. A project is starting in Winnipeg because we have 200 plus children from ages 9 – 14 that are being raped, exploited, and used to solicit drugs and money for adults. She stated it is such a hateful thing happening to our children and there is no reason for this to occur. She stated we all need to take responsibility for our children and we all must raise and address the issue. That we as chiefs in Manitoba need to encourage our families to address this, get the message out and create action on this as we all have children and grand children. Beyond the politics it’s about providing for our people, the most innocent the young ones. She encouraged all to do something individually and collectively.

AMC Grand Chief Ron Evans

He greeted all Chiefs, Elders, Councillors and citizens of all First Nations. He provided thanks to the Elder for the opening ceremony, to Elders Albert Taylor and Randolph Pashe for the opening prayer and message. The Grand Chief welcomed all to the Assembly and acknowledged the Elders, drum group, Keith Pashe for pipe ceremony, Elder Pashe for prayers, Elder Taylor for his comments and the Elder from the Pine Creek Anishinabeh Nation for his song. He also acknowledged Grand Chief Garrioch, Regional Chief Katherine Whitecloud, Tina Keeper, Treaty Commissioner White Bird and Chief Pashe and his community for hosting the assembly. He also thanked David Spence for chairing the assembly and the Chiefs, council members and proxies for being in attendance.

He thanked the sponsors for this Assembly, resources came from Canada Mortgage and Housing Corporation (CMHC), Assembly of First Nations (AFN), Treaty Relations Commission of Manitoba (TRCM), South Beach Casino, and Tribal Wi-Chi-Way-Win Capital Corporation (TWCC). He expressed gratitude to the staff for their hard work in preparing the information needed for us to conduct business. He acknowledged Chief Bailey Colon, Bunibonibee First Nation on his recent re-election.

The Remote and Isolated First Nations Conference held in Norway house recently seen recommendations come forth from the leadership. Grand Chief stated that Chief Thorassie recommended that we broadcast our Assemblies as people in remote areas don’t have same access in attending meetings. He noted in Saturday’s Winnipeg Free Press, critic Don Sandberg stated that Chiefs are always in the city doing nothing, and the spin was an accountability issue. Based on the Chief’s request we approached NCI to provide us with 4 hours of live air time between 10 am and 2 pm. Unfortunately, the costs were large at $20,000 with too short notice. The alternative is to have Chiefs phone in and speak on different issues, he requested that we allow Chiefs from the remote communities have time to speak to their people.

FIRST NATION TREATIES IN MANITOBA

AMC Grand Chief Ron Evans

The Grand Chief began with messages heard from the AFN Youth Summit, the overall message is that despite challenges faced everyday First Nations people have the opportunity to create and make change. He provided examples of First Nations and organizations working together to create successful ventures. The history of Canada came to be because of treaties. Treaties were entered into with First Nations on a nation to nation undertaking that included promises written and spoken, oaths and covenants, guarantees of a contractual relationship with the Queen and her succeeding heirs. The rest of history has seen succeeding governments preoccupied with disengaging and minimizing their duties and obligations from these treaties. Colonization in various forms has occurred over the years with devastating effects but our people continue to persevere. First Nations must all fight intolerance and bigotry in order to change the present atmosphere of misunderstanding.

Threats to treaty are ongoing through several recent court decisions which have undermined our governments and our rights, non-elected leaders claiming to represent our people and our First Nation leadership under attack. The AMC will not succumb or accept notions implying un-worthiness; we will not conform to Canada’s standards and expectations. We will hold Canada to the treaties as it is part of all our responsibility to our future generations. The AMC is actively seeking international partnerships by meeting with Chief Oren Lyons and the Chair of the United Nations Permanent Forum on Indigenous Issues as well as the British High Commissioner’s Office. It is clear we have to take our struggles to the international arena as our issues pertain to the international nature of the our Treaties, sovereignty, self governance and development in matters relating to economic, natural resources including land and inter-governmental relationships.

AMC continues to educate the general public through media, providing support for treaty gatherings, programs and support for our youth and we have established the Manitoba Treaties Oral History Project. We have much more work to do but cannot be done without all of us working together. The AMC is strongly advocating for the creation of a treaty protections office, as recommended at the Treaty 1-11 gathering this past summer. We are also encouraging all of our leadership to follow Treaty One’s lead in working together to negotiate on behalf of our people. We will change the name of the Eagle Urban Transition Centre to the Treaty/Dakota Citizens Centre so that we are acknowledging the treaties and confirming our relationship directly with all of our people.

The Grand Chief concluded his speech by asking youth to provide comments and messages to the Assembly.

MKIO Grand Chief Sydney Garrioch

Grand Chief Garrioch acknowledges everyone in attendance today. He congratulates the new Chancellor of the University College of the North, Ovide Mercredi as of November 6, 2007. He stated his presentation is the result of a literature review of MKO staff and the documents were extensive, he hopes they will provide a general idea of recommendations on treaty implementation.

He provided quotes from the Elders of the past who explained the treaty medal and the fundamental importance it has on the total treaty process. Regarding the concept of the treaty, we need to examine the Elder’s concept which is one of eternal, sacred and unchanging. They say the laws of the First Nations have spiritual foundations. The treaties are made under the authority of the Creator. Once a treaty is made, a relationship is created, and that relationship is eternal. Within that relationship there are rights, obligations, and arrangements etc which can and must change depending on the changing circumstances of the treaty process. New situations will require new arrangements, thus the treaty relationship must be reviewed from time to time and the specific understanding of the parties must be discussed and recorded. There will be a renewal of the treaties. This does not mean that treaties should be thrown away and replaced rather there are rights and obligations that have to be looked at again to make sure that they still serve the underlying purpose of the treaty.

Information was also presented on the history of the First Nations treaties in the MKO territory including the understanding of the treaties and terms of the treaties, land and natural resources, examples of government activities to dissolve the treaties, the spirit of intent of treaties and an update on treaty implementation activities and suggested activities to support the advancement of treaties.

AFN YOUTH SUMMIT REPORT – Jessica Pierre, Manitoba Regional Youth Representative

The objective of the summit was to develop a five year strategy to address issues affecting First Nation youth on and off reserve. There were four hundred delegates from across Canada with 70% of the participants from Manitoba. The summit was broken up into sessions of cultural, economic, political and social/health issues. Questions were posed to the youth in attendance to look at issues such as service gaps, youth priorities, potential five year activities to meet gaps and priorities identified, resources required and who will be responsible for enacting the action items. The issues identified were vast and the underlying message was for youth involvement in various planning activities.

The Assembly binders include a briefing note and two supplements produced at the Summit for the Chiefs. The documents produced were The Omegomow Statement and the Rebuilding our Nations Youth Accord. The Omegomow Statement reminds us that our youth are the most precious resource our communities have and that we need our youth to be proud of who they are and where they come from. The Accord highlights priority areas but did not define specific ways to address the concerns presented by the youth. The National Youth Council will continue to further develop based on the outcomes from the strategy. The Accord will be presented at the Special Chiefs Assembly in Ottawa in December 2007.

TREATY RELATIONS COMMISSION UPDATE – Dennis White Bird, Treaty Commissioner

The Treaty Commissioner extended greetings to all participants, Elders, Youth, Chiefs and is honoured to bring a message on behalf of the TRCM. The treaty established a relationship that would last as long as the sun shines, the grass grows and the river flows, essentially they are forever. This past year has reflected the opportunity to promote and preserve treaty knowledge. The TRCM has been fortunate to participate in many gatherings seeking information on treaty knowledge, the history of our ancestors, treaty rights, treaty benefits and treaty obligations.

It is important that we move in the direction given by the Elders and also our youth. He spoke of the TRCM commitment and mandate which is to build relationships between the crown and Indigenous peoples, the corporate sector and First Nations and between First Nations and all our Nations. The TRCM continues to use these relationships as a vehicle to create understanding. We have been involved in public relations and educating our youth about treaty. We can only learn by continuing to deliver the message.

The TRCM continues to research the foundational agreements and benefits and to dispel the misunderstandings and misrepresentation. The TRCM has a mandate of 5 years to do this work, it began in 2005. The terms of reference state the commission is to be independent and neutral. The immediate response is to the Minister of INAC and the AMC Grand Chief as partners. There is a technical working group encompassed of these partners. Most activities and initiatives are vetted through this process and level. If an issue requires more attention it goes to the level of AMC Grand Chief and the Minister of INAC.

The TRCM is guided by an Elders Advisory Council, with membership from each of the treaty areas and Dakota people, they are:

Elder Doris Pratt, Dakota
Wayne Scott, Treaty 1
Harry Bone, Treaty 2 and speakers bureau
Helen Copenace, Treaty 3
Mervin Huntinghawk, Treaty 4 and also recently retired
Darcy Linklater, Treaty 5
Angus Linklater, Treaty 6

The Elders have a close working relationship. In the past year, we have lost 2 of our Elders – Elder Morris Merrick, Treaty 1 and Elder Leonard York, Treaty 5. They made great contributions towards our deliberations. It is important to recognize the contributions that our Elders make. In terms of understanding treaty and what they have been able to retain in terms of knowledge.

We have partnered with AMC to undertake research and secured a historian, Dr. Winona Wheeler to assist. The research requires many areas including: establishing priorities, perspectives of treaty, oral understanding of treaty and to compare with written text of treaty. Meetings are ongoing in each of the treaty areas. We have also established contact with Alberta and Saskatchewan representatives to seek information. We have also been instructed to reconcile Canadian history, to tell our story.

He stated an issue of concern with respect to language and the loss of language in the younger generations. Treaty in the oral tradition is embedded in the language therefore language retention is of utmost importance.

He noted the amount of public relation work that has been achieved through meetings with youth, schools, and Elders. Posters were developed and will be distributed to schools.

His parting remarks told of a story he heard from a woman from the Haida Nation who spoke of reconciliation achieved through ceremony, to be reconciled on a personal level, with the Creator and with the Nation. He compared this to our own ceremonies and the preparation before ceremonies such as sweat lodge and the Sundance and the reconciliation in the end. He states therefore reconciliation is not new to our Nations, it has been there and is continued today.

TREATY PRESENTATION – SCO Grand Chief Morris Swan-Shannacappo

The Grand Chief welcomed all to the Assembly. He began by stating First Nations people are up against many issues, our national organization is losing credibility by virtue of CAP. It is time to set the record straight, we need resolutions denouncing CAP as a leader for us and that the next time they call a town meeting in our areas we show up and assert our positions.

He stated we need to emphasize the declaration of our Indigenous rights even if Canada and the US voted against it, what we should care about is the 143 countries that say we have Indigenous rights. We have an open door of invite to the world stage. Our southern Chiefs Executive met and asked if I would attend in Geneva, but we must first prepare. There are other meetings happening in New York in May 2008, First Nations must show their presence.

He thanks Chief Mercredi for being here, our former national leader and treaty leader. He states his belief and those international lawyers also say not to vacate the position we are in, and to support the AFN. We need to move forward because of our treaties, we can move treaties via strong voices, strong planning, unison and operating as a team. The federal government and their departments have us all busy working as administrators where we are working to meet ends meet. He feels that we need to pursue another avenue to assist the AFN to make the treaty stand, a table of our Treaty Indians to put forth our demand through the declaration. Article 19 looks specifically at consultation and Article 28 looks at Treaty. He thanks the Elders and spiritual leaders and asks them for prayers to guide our way.

He stated we need to make things happen for ourselves. Long ago we helped one another, the time has come to train our youth in areas like log building. It is time to go back to the land, our traditional territories and to utilize it, if not we will leave nothing for our future generations. It is time to pave a new future and act as Nations. He ends by thanking the Grand Chiefs for making time to plan together and have one voice and for support from each First Nations on the Declaration of Indigenous Rights, a letter will be written in each First Nation language.

ELDER ALBERT TAYLORS COMMENTS ON YOUTH SUMMIT

The Elder thanked Grand Chief Shannacappo for his words. He noted that the Youth Summit was a beautiful meeting and expressed concern for Youth that are lost and looking for direction. He stated that direction comes in many forms, from the Creator, from leadership, from other Indigenous peoples worldwide. The time has come to help our future leaders/generations and instill pride back into the people.

NUMBERED TREATIES SPOKESPERSON REPORT – Chief Ovide Mercredi, Misipawistik Cree Nation

Chief Mercredi stated that Treaty made was between Nations where not only one party can benefit and the inequity we experience to this day is not right. For those that keep breaking the treaty at what point do we say to them that the treaty ceases to exist? They cannot break these agreements without consequence. We have lived with broken promises for over a century. One such broken promise has to do with agriculture, the right to livelihood which has been done in a meager way. To this day we are still awaiting the full allocation for reserve lands. In the meantime what did they do? They took full benefit from the treaty. They even made a law in 1930 to claim all lands and resources with no consultation with our people and the treaty. There are provisions in the Natural Resources Transfer Act (NRTA) for recognition of treaty people.

When it comes to other matters particularly jurisdiction – our people were of the belief that they would retain their own authority, autonomy, lands and resources and it was not their intent to have laws made for them or that would rule over them or that they cease to exist as self governing Nations. We never surrendered that. When you look at treaty interpretation by the federal government and their deliberate intentions of not respecting the Declaration of Rights, as far as they are concerned we have extinguished our Aboriginal Title. Our view is opposite to that. We have never surrendered, we have rights to our lands and resources. The Government of Canada continues to buy treaty in terms of education. As Chiefs we are making decisions on who goes to university and who doesn’t despite the fact that education is a Treaty right. Monies from federal government should not create a backlog of students wanting an education. They have suckered us into breaking treaty for them, we are implementing their decisions. We should wake up with to the reality that we are the extensions and administrative arms of INAC. It’s okay to do that, if they fully implement the treaty. If the resources are there, but they are not, so we are collaborating with them and their treaty interpretation. The right to housing, health – they don’t even acknowledge these. They are remote from their minds. I am asking at what point do we say - you have broken the treaty and now it ceases to exist.

Where do they derive their authority to claim exclusive jurisdiction coast to coast. They derive that they extinguished our rights. They claim we ceded our lands and resources to them. If we didn’t do that, then their sovereignty is not complete. They themselves are breaking their sovereignty. It’s a simple deduction, not a complicated idea. If you fail to do this then it breaches treaty and it can be changed/revoked.

That is not to say that everything we believe of treaties is wrong. I say to you that we have a power that we have not used. And that is the treaty itself. Our interpretation and what it means for the freedom of our people, the economy, and the authority of our people to govern themselves, their resources to be supreme on their territory.

Sometimes we are afraid in what we believe. Sometimes we hold back because we are not sure what we believe. We have fear, but where does it come from? We have to acknowledge and find out why.

Psychology in our communities in taking risks in their future.
Residential schools and impacts of that in the silencing of our people.
Internalizing the problem, learning to shut our minds.

These are all things we have been trained to do because of colonization. We need to acknowledge these things and go beyond that state of control by the state. I have a message for young people and that is we will experience all kinds of oppression and challenges with racism throughout our lives, but neither should define who we are as a human being. We have to discard these skins of inferiority put on our people for generations. That skin of fear.

We have this organization of Treaties 1 – 11, its something that started 2 years ago in Edmonton. They brought together all Chiefs of Treaties 1 – 11. Chief Sanford Big Plume was appointed as the leader and held office till the meeting at Lower Fort Garry where I was appointed. We had a conference last year to coincide with the signing of Treaty 1. The direction given has been to involve the grassroots people in this movement. It was encouraging because it has given us good feelings, as the Elder said people are the power.

At each gathering a mandate is given. In Grand Prairie the direction given to me was:

Establish a national office for treaties 1 – 11, we are asking if Swan Lake First Nation can host this on their lands in Headingley.
To participate at the upcoming meeting of FSIN Treaty meeting supported by AFN on January 14 – 16, 2008 in Saskatoon.
To go to Ottawa to meet with Victoria Delaronde on December 10, 2007 to talk about role of the Department of Indian Affairs to fund our initiatives of Treaties 1-11.
To invite the Prime Minister and the Governor General to the next summer’s meeting. We need a sponsor for this and have approached Treaty 3.

DISCUSSION BY CHIEFS

Chief Dennis Meeches, Long Plain First Nation states the strategic policy on disposal of federal lands and the decision on corporate intrusion on reserve lands related to Trans Canada pipelines and Enbridge companies. We are meeting with First Nations and the position we have taken is that treaty territories are broken by federal government. The treaty 1 territory belongs to all treaty citizens, therefore we need to move together to advance this.

We are saying to the companies small monies are not good enough. As long as the pipelines are laying on treaty 1 soil then that is how long the benefits should last. We need long term benefits. We have utilized lawyer Pete Hutchins to advise us and to advance our cause. We also met with people from South and North Dakota – similar concerns in their areas.

Chief Billyjo De La Ronde, Pine Creek Anishinabeh Nation reiterates the comments of the Regional Chief in that we need to address exploitation of our children in an effective way. Grand Chief Evans mentioned that 87% of our people are CFS wards, how do we bring this home and face this in a direct way. We have to be involved in the raising of our children, as leadership we are accountable to our people and therefore should be in attendance at Chiefs assemblies.

Grand Chief Evans thanks all those who are in attendance and those who have spoken from the heart. It means much and the grassroots people need to hear these messages. He encourages all to speak to the people so they don’t go to other organizations seeking representation. We have an opportunity to work together and recommend resolutions to ensure action through the assembly.

Review of Agenda by Chair

Moved by: Chief De La Ronde, Pine Cree First Nation

Seconded by: Chief Meeches, Long Plain First Nation

Additions to Agenda

Chief David Crate, Fisher River Cree Nation asks for update on gaming after the review tomorrow morning at 8:45.

Chief Roger Ross, Manto Sipi First Nation requests clarification on quorum and reports.

The Chair states we can listen to reports but not deal with agenda, resolutions etc.

Chief Roger Ross, Manto Sipi First Nation requires further explanation.

Acting Chief Mckay, Rolling River First Nation has concerns regarding health and RHA’s in Manitoba can we have the staff at AMC give us a review of what is happening.

Chief Marcel Balfour, Norway House Cree Nation notes that on day 3 we have a number of issues on health that chiefs will be making presentation on. He requests that health issues be moved up to Day 2 in the morning because he needs to return to his community.

Grand Chief Evans notes that CMHC is on the second day and they are a major contributor of $40,000 for this conference.

Chief Balfour, Norway House Cree Nation feels the issue of health is quite important to move up. Another news release just came up with respect to renal dialysis.

Grand Chief Evans states CMHC is not available in the afternoon based on travel plans.

Chief Shirley Castel, Mathias Colomb Cree Nation agrees that health should be moved up on the agenda. She wishes for time to talk about the environmental issues in her community. She requires clarification on treaty, environment and water – how it affects our communities. Manitoba Hydro seems to be in control of it.

Chief Ovide Mercredi, Misipawistik Cree Nation recommends that Chief Balfour provide his presentation on health today – Day One.

Chief George Kemp, Berens River First Nation states an announcement was made today of 20 million dollars in health and dialysis services in rural and Winnipeg Manitoba. A two station unit will be provided for Berens River, good news for my community. The centre is also there for Poplar River, Pauingassi, Bloodvein and perhaps Pikangikum. He thanks the Manitoba government for their support.

He wishes to add the issue of disabled people to the agenda and call for a special conference on disabled people and their issues in Winnipeg. He feels this issue needs to be dealt with at the AMC level and would like to see a resolution for a special assembly or conference to deal with urban people and disabilities as there is limited help for them.

The Chair notes that on Day 3 of the agenda, the last item is on First Nations disability update.

Chief George Kemp, Berens River First Nation states that Chief Donovan Fontaine, Sagkeeng First Nation, has asked him to speak on the Bipole III issue for him.

Chief Dennis Meeches, Long Plain First Nation asks if the issue of gaming can be moved before lunch on Day 2.

Motion to accept the revised agenda – all in favour

The Chair asks if Chief Roger Ross’s question has been answered. It is noted that Eugene Peterson, AMC Legal Counsel, spoke and clarified with Chief Ross. Chief Billyjo De La Ronde, Pine Cree Anishinabeh Nation requests clarification – at the end of the day when we start this process all over again tomorrow morning. Do we have to reestablish that quorum tomorrow morning? Or in the alternative if we do not adjourn this meeting today then quorum continues?

Eugene Peterson explanation – once the assembly starts the objective of the Chiefs to start business once quorum is achieved. We have run into problem before when quorum is lost and business cannot be achieved. This was changed 2-3 assemblies ago, once quorum is achieved then we continue on regardless if quorum is lost. Presentations continue regardless of quorum so there is no lost time.

Chief Ken Whitecloud, Sioux Valley Dakota Nation voices his concern with Day 3, that the assembly needs an indication of who will be in attendance. He notes he will not be there due to a previously scheduled meeting.

The Chair reviews - Appendix B – Assembly Rules and Procedures. He states that in absence of a Chief – proxies are required.

Moved by Chief Balfour, Norway House Cree Nation

Seconded by Chief Castel, Mathias Colomb First Nation

Question called – all in favour with one abstention

Motion to accept the reports as presented today– all in favour

ITEMS FOR DISCUSSION

(1) URBAN FIRST NATIONS

Grand Chief Evans speaks to the resolution; each First Nations knows their First Nation demographics on off and on reserve. We need to develop our own data base of where our people are living so we can begin to establish contacts and involve them in future planning. The resolution asks for a data base of our people and a place to keep it in order to assume responsibility of our First Nations people off reserve.

Chief Andrew Colomb, Marcel Colomb First Nation expresses concern regarding our children and that we blame people from the outside when the problem is in our own communities. We need to establish the trail for our children and to support one another to establish ourselves as leaders and provide guidance for our children. He requests information on the membership lists as a lot of our children are still being classified as 6(2) under bill C-31.

Resolution AMC Represents Urban First Nations NOV-07.04

Moved by: Chief Billyjo De La Ronde, Pine Cree Anishinabeh Nation

Seconded by: Chief Norman Bone, Keeseekoowenin Ojibway Nation

Discussion on Resolution

Chief Castel, Mathias Colomb First Nation states to be careful of resolutions passed. Our people need help off reserve and the Congress of Aboriginal Peoples (CAP) is collecting the numbers as well as some women’s organizations are pulling women under their umbrella. When I say that our people are already registered in each community, we need to establish within AMC a voice for all our people within our territories. With this resolution I am being cautious not to create something that will hurt our people legally. She gives examples of the Corbiere case and to look at the Granville Lake community and the displacement due to government. The elections that occurred there – people are not happy. She notes the off reserve membership phone us as leadership and we can’t do very much for them. So we need a solid arm to protect the treaties and communities and to provide the services to them.

Chief Crate, Fisher River Cree Nation speaks in support of the resolution. There are a number of organizations that claim to represent our people. What we have done we created our own service organization like the MFNERC. For our community members that live off reserve, it would be easy enough to include all post secondary support. These are not new things to create, rather changing mandate and expanding roles in existing organizations.

Grand Chief Evans stated that the attempt here is for the programs and services going to other organizations other than to ourselves. I don’t know how they apply or information they get for receiving monies. If we have a list of all 64 First Nations and 40,000 people living in Winnipeg. We have so many of those that are our people. We demand those resources to take ownership over them.

Chief Crate, Fisher River Cree Nation states that would be fine but a majority of communities don’t track off reserve people.

Grand Chief Evans states CAP is counting them no matter where they are.

Chief Billyjo De La Ronde, Pine Cree Anishinabeh Nation states Chief Castel’s concerns are legitimate and there are other organizations like Mothers of Red Nation (MORN) and other Aboriginal entities that are created to tap into Indian dollars. CAP originally started with Metis and Non Status people, then it included natives later on, CAP capitalizes on and gets money for our people.

The AMC doesn’t have authority or statistics to refute their claims and if CAP wants to represent Metis and non-Aboriginal people then that is fine. Lastly as far as tracking our people, all we have to do as reserves is give information to INAC to share information with AMC.

Chief Bone, Keeseekoowenin Ojibway Nation speaks in support of the resolution. This resolution is about off reserve membership but another resolution is needed for those other entities that receive monies, therefore we lose out. How do we service people off reserve properly?

Chief Balfour, Norway House Cree Nation states that the money that goes to CAP should go to the First Nations. We have AMC the provincial body then we have the north and the south, I’m curious can we work together on this. He notes his concern for possibly turning AMC into a service delivery for urban services. He refers to the creation of Eagle Urban Transition Centre and having something similar.

Chief Colomb, Marcel Colomb First Nation is concerned with the development of his new First Nation. Chief Castel, Mathias Colomb First Nation is concerned she doesn’t have legal right to share names. Chief Swan, Lake Manitoba First Nation states that in speaking with the seconder the resolution speaks to the statistics of numbers and not personal information.

Chief De La Ronde, Pine Cree First Nation states the AMC is not an external entity rather it is us, it is up to each First Nation to interpret this resolution as they see fit.

Chief Moore, Nisichawayasihk Cree Nation – I have no problem sharing information with AMC if it is a benefit for our people.

Chief Harvey Nepinak, Skownan First Nation, speaks in support of the resolution. Based on action of the Prime Minister and the government, we need to unite and we need to respond to this issue via support of this resolution. This is an internal information and document.

Chief Ovide Mercredi, Misipawistik Cree Nation states the issue here is the conservative government not respecting our national and regional legal bodies. It is undermining our political representatives by signing with CAP. So how do we tackle that problem, it reflects on this urban issue.

It is the same way they dealt with me when I was National Chief. We need to support our national chief and give him power to represent us. The liberal government told many chiefs that we cannot work with Mercredi, and that is why I was no longer the national chief. Now we have a conservative government and they are treating Fontaine the same way. Chrétien lied to our people. It’s the Liberals that are responsible for cutting back on social funding. Paul Martin was going to take away our human resource funding.

Now we don’t know this conservative government but the signs are there now, they are ignoring our National Chief. When Chrétien was a Prime Minister and I was the National Chief he only met with me for 45 minutes the whole term. We cannot let that happen to Phil, they will set him aside and frustrate, immobilize him. The bigger issue is our leaders are being undermined. Does not feel a database will accomplish this.

Resolution is amended to reflect discussion and carried.

(2) SMOKING BAN PLAN OF ACTION

Chief Deborah Chief, Brokenhead Ojibway Nation provided background information from the ad hoc committee that was formed from one of the assemblies. A meeting was held on October 9 to establish a legal working group to do research and identify our options. The issue is self determination and our bylaws. For Brokenhead we have a smoking bylaw which has been passed by the federal government, the province is not recognizing that.

A meeting was held October 31, 2007 with Ministers Chomiak and Selinger and Grand Chiefs Evans, Garrioch, and Shannacappo. We explained our situation and the outcome was they did not want any controversy with us but insistent our VLT sites to be non smoking. The meeting was not very productive they maintained their position. I stated that we would maintain ours in Brokenhead. The three political organizations have been tasked with different issues, AMC is to prepare an education strategy, MKO is to pursue legal and SCO to consider political strategies. The recommendations are listed in Section 4 of the Chief’s packages. She requests Chief Balfour to make comments on the ad hoc committee as well as Grand Chief Garrioch and for Joan Jack to make legal comments on behalf of Brokenhead First Nation.

Joan Jack stated that we put together a legal team with AMC legal staff in preliminary discussions and MKO was at one meeting. She explains for people not aware of situation that this flows from the Jenkinson case. Previously the provincial government passed a Non Smokers Act and exempted federal jurisdictions. The province said we don’t have any say on this, so non smoking bylaw will not apply on First Nations. Then Mr. Jenkinson who has a business with VLTs took his case to court, using the section 15 charter argument that we all need to be equal and First Nations have an advantage of smoking. That case is still going up. MKO has intervened on our behalf to protect our interests on that case. The last decision said that the province does not apply on reserve. But they are coming onto our land to make First Nations sign new VLT agreements that say First Nations agree to go non smoking.

She states this is getting us to contract us out of out treaty rights. You cannot alienate a treaty right by contract. We are waiting for the Jenkinson case to come down (December 2007) then Brokenhead First Nation will go to court to challenge. They are very sovereign. The province says they have to look after health everything and we all know they don’t do this. We are prepared to show that section 88 - doesn’t apply where a bylaw is in place.

Chief Balfour, Norway House Cree Nation stated he volunteered and wanted to participate on the issue. It’s not a smoking issue rather a jurisdictional issue. Needs to be made clear, why are you advocating for the right to smoke because that is not the right way. The work that Brokenhead is doing via jurisdiction is good and affects us all.

Grand Chief Garrioch states the issue is legislation and exemption. The bigger picture is the jurisdiction; we received the mandate from our executive council to fight this case. MKO argued that this is a matter of jurisdiction, only First Nations with federal government have jurisdiction not the province. We are asserting our treaty and aboriginal rights and inherent right and sovereignty as a nation.

The Charter of Rights and Freedoms was wrongly interpreted and applied to the First Nations. Even though the section they argue Section 15 – we indicate this section – we are special relationships with the crown and that is what we are working on. The recommendations from Chiefs we will take back to our executive and continue to intervene on the Jenkinson case.

Grand Chief Shannacappo states the Province is trying to guise it as health issue, rather its jurisdiction. It’s clearly economic blackmail. The Minister said do you know you have more machines in Indian country than in our casinos. It was a threat. Chief Terry Nelson turned over land to reserve status in 7 days, how was he able to do this? He used pressure/economic blackmail. Why don’t we start clawing back on the minerals they are taking out, the trees they are harvesting, the water usage, those are things we need to point out. That Minister laid three things on the table to warn us of what he will pull. I wish we can go to the US and speak with our people that own machines. 143 countries are looking at Canada – show them how they are diminishing our rights. I am not afraid of the government, like Chief Mercredi said, lets put up a front or a force, and it doesn’t have to be violent.

REMOTE/ISOLATED FIRST NATIONS PLAN OF ACTION

Frank Whitehead provides an overview of the information discussed and recommendations that resulted from the Remote and Isolated First Nations Conference in Norway House First Nation.

The objectives of the special conference were to raise awareness on socio-economic and health issues affecting remote/isolated communities and to facilitate a complete understanding of the impacts, explore and generate solutions and to generate an action plan to address socio-economic conditions. Special acknowledgements were made to Chief Andrews and Chief Cook who have been identified as interim spokespersons.

The workshop themes addressed were housing and infrastructure, health and wellness, social issues and economic and community development. A summary report of the workshop was developed by AMC. Next steps include the drafting of a plan of action, further research, determine short and long term goals, set timelines and propose a resolution for this Assembly to support and mandate a remote and isolated First Nation Round Table with co-spokespersons.

Chief Andrews, Gods Lake First Nation thanks the assembly for passing the resolution to make the conference possible. We had representatives from MKO, SCO and AMC. We ask that the assembly help support our initiatives and to seek funding for ongoing conferences for follow up.

Chief Kemp, Berens River First Nation states he did not attend because he thought it was organized too quickly. He wanted to meet with Minister Strahl and Martin Egan, INAC. The resolution that passed at AMC prior talked about inviting Northwest Ontario to be part of this initiative, it was totally ignored. We are looking for infrastructure needs and we left them to the wayside. I made a commitment to those Chiefs to include them, we are related to those First Nations. I am glad we are looking at another conference as we need to address deficit situations based on INAC guidelines.

In Berens River we had a remedial plan in place since 2004, we are not going anywhere. A sewer and water system that costs $600,000 to run and we get $300,000 to run. Some of our remote communities are expected to develop infrastructure in 2 years with little funding. Also the policy of funerals it costs $10,000/burial and last year we spent $320,000 in burials, we only receive a portion of that from INAC.

In the remote communities, timing is a major factor. Soil remediation process approval was done in March but funding is now and the ground will be frozen soon. We need to meet with federal and provincial ministers to discuss these issues.

Census Canada came to our community last year, nobody wants to fill those out, we need our own forms. Look at INAC’s numbers it says 633 people, that was like 30 years ago. I think as remote communities we need to come together. AMC should have their own remote political advisor.

BIPOLE III ISSUES – Chief George Kemp, Berens River First Nation

Chief Kemp speaks about the Wabanong Nakaygum Okimawin (WNO) Accord and the meaning behind it. Further, in 1995 there was an initiative to adopt UN Principles on sustainable development and out of that came the Crosby report which the NDP adopted. It talked about a wider land use plan before any development. So the Doer government placed the east side in the Crosby report - side by side with poverty issue, not only environmental considerations but poverty with major projects.

Numerous meetings were held over the years. The communities on the east side stated that if a line was coming on the east side we wanted to share in the resources. The provincial government led us to believe that first we must engage in the WNO process, we did all that. In our minds on the east side, we believed we would get revenue sharing. The Premier and the Paul Martin government of the day all talked about revenue sharing and partnerships to share resources.

My thought at the time was the east side was the only chance for a major project to have an impact in our region, in giving our communities a boost in fostering some infrastructure needs that we don’t enjoy. We have lost that opportunity and following that, I worked hard with Elijah Harper to push this line down the east side. We finally got a meeting with 5 ministers labeled as a WNO meeting and they wouldn’t let me speak, they were upset with Chief Donovan Fontaine for bringing extra Chiefs with him, he was only supposed to bring 5. So now the Bipole project is on the west side - 675 million or more, it should have been spent on the east side.

The next steps are unknown, unsure if the fight is over yet, as long as Premier Doer is in power it will not come down our side. Chief Cook is talking a Bipole line and wind power and selling the energy elsewhere.

Resolution: Remote and Isolated Communities NOV-01.03

Moved by Chief Gilbert Andrews, Gods Lake First Nation reiterates need for support from the Assembly

Seconded by Chief Lambert, Poplar River First Nation – feels the conference should be ongoing

Chief Billyjo De La Ronde, Pine Creek Anishinabeh Nation suggests that a change be made to include the words federal, provincial and private sources on final whereas.

Chief Marcel Balfour, Norway House Cree Nation states we identified at the conference the funding formulas and debt carrying which affects the remote and isolated communities, which I am drafting in a resolution for consideration. We cannot direct the Grand Chiefs to do these things.

Mover and seconder state we encompass all these organizations.

Motion passed – all in favour

Manitoba First Nations Health and Wellness Strategy a 10 Year Plan of Action & Beyond – Chief Marcel Balfour, Norway House Cree Nation

The Health and Wellness Strategy is built upon several years of research, political deliberation and direction by the First Nation leadership, community service and program providers, and technical working groups. The resolution passed in January 2005 has given mandate and direction for the strategy and for the Chiefs Task Force on Health (CTFoH) responsibility to ensure immediate action to advance the health strategy and action plan in all forums regionally and nationally.

Chief Balfour provided information on the purpose of the strategy, mission, overall goals, priorities, strategic priority areas and direction. Improving the health of First Nations is a shared responsibility requiring partnerships between First Nations organizations, communities, individuals and a number of departments across all levels of government. Three levels of relationships to restore First Nations health could include:

Level One: inter-sectoral relationships of health programs and service providers at the community and regional level.
Level Two: inter-departmental relationships of government departments responsible for health and social programs, policies and funding. i.e. FNIHB health and INAC social programs with health related mandates.
Level Three: inter-governmental relationships between First Nation, federal and provincial jurisdictions (i.e. Health Canada, FNIHB, Manitoba Health, RHA’s with First Nation Tribal Councils and Independent First Nation communities).

The planning and development initiatives of the Strategy will be structured to achieve the four main principles of health care as outlined in the Royal Commission on Aboriginal People which consists of:

Equity of health and social welfare outcomes
Holism in the diagnosis of problems, their treatment and prevention
Aboriginal peoples control over health systems
Diversity in the design of systems and services

The Strategy will require quality planning and research, analysis, funding resources and development of demonstrated health care models for successful implementation of a First Nations controlled and administered health care system. The strategy planning and development work will bring together representatives from the AMC, MKO, SCO, federal and provincial governments who will assist in the steering the Strategy for implementation. In order to fulfill this large mandate AMC will be required to hire a Project Manager, Strategic Priority Areas & Key Action Area coordinators, facilitators, researchers, medical, legal and financial experts who will coordinate the key priority and action areas of the Strategy.

Intergovernmental Committee on First Nations Health Update - Chief Marcel Balfour

The Intergovernmental Committee on First Nations Health (ICFNH) is a joint tripartite committee in Manitoba. The work to address challenges of health related issues of First Nations people including: high health care service utilization by First Nations people; high morbidity rates and co-morbid conditions; separate administrative silos for service delivery; limited funding envelopes for on reserve services and jurisdictional uncertainty and disputes.

The ICFNH has achieved success through working together in various projects, forums and reports. In June 2007 the ICFNH Technical Working Group established sub committees to work on specific activities within the 2007/2008 ICFNH work plan, they are: disabilities, diabetes/chronic disease, primary health care and evaluation sub committees. Current projects of these committees include:

Chronic Disease/Diabetes Action Plan
Disabilities Joint briefing note
First Nations – Intergovernmental Health Council
Medical Relocation – Phase II
First Nation – Primary Health Care

Chiefs Discussion on Presentation

Chief Andrews, Gods Lake First Nation asks where mental health fits in this.

Chief Balfour notes page 10 of Health and Wellness Strategy under health and social wellbeing.

Chief Mercredi, Misipawistik Cree Nation finds it hard to follow the presentation and asks where is the representation for infrastructure, capital, hospitals, nursing stations etc. and relationships between?

Chief Balfour states with respect to what really goes on in the communities. There is a lot happening at the regional level, but as for tools what can we use? We attempt to use tools such as AMC and other technicians like Manitoba Health and FNIHB, we put that as a priority area. Funding component such as capital it is identified in there (page 10) In terms of the strategy that is where we see what AMC is doing and with respect to RHA’s relationship (page 13) in terms of strategy, intergovernmental relationships with First Nations, Tribal Councils etc.

Chief Mercredi, Misipawistik Cree Nation states that he appreciates the report, but he is looking for the answers our communities need. I am seeing plans to work with bureaucrats. We should be developing a strategy that addresses the federal policy on health. Do not go the direction of 69 white paper of further removing the Chiefs. We have to dialogue with people to get services. The document doesn’t give me information on those approaches.

Chief Balfour agrees and would like to recommend if the Chiefs Health Task Force chair will take this one.

Chief Bone, Keeseekoowenin Ojibway Nation states we have had our struggles in understanding when we approved the strategy and trying to connect to the real issues. We haven’t done this before we need to have a discussion by Chiefs to go through the exercise of adjustment and change.

What we have right now is the issue of 64 First Nations and 7 Tribal Councils, 2 PTO’s that all receive health dollars. We have confusion of what services are delivered by federal and provincial governments. We also have 13 RHA’s in province, 2 Indian run hospitals and other hospitals that service our people. Maybe we need to re-shape this plan? Is this the route we are going?

When you ask where the real issues are? Let’s take a look at all this information and possibly redesign, evaluate. We need more control over programs and services.

Chief Balfour mentions for the longest time we only had one staff on this issue, now we have two. This has been worked on for awhile. If this does work we can make the secretariat relevant to answer to the Chiefs. It will give us more tools to work with at AMC.

Acting Chief Mckay, Rolling River First Nation states I understand what you just explained, 2 or 3 weeks ago I chaired a meeting between RHA’s and West Region Tribal Council. We had this meeting due to concerns of RHA’s making proposals for dollars that Health Canada announced. Rolling River is part of Assiniboine RHA and that RHA made a proposal on our behalf (Rolling River, Keeseekoowenin, Gamblers).Parkland RHA worked with Assiniboine to come up with a proposal, there is also deadlines for those proposals. We have to address these issues. I am also seeking an update on those transition dollars.

Chief Balfour states he has had problems with the AHTF funding as well and the request by Manitoba to turn around proposals within 30 days. I put forward problems with AHTF adaptation envelope and can get you a Briefing Note on that.

Chief Castel, Mathias Colomb First Nation states she supports getting more funding, but be careful on what we agree on. Policy driven FNIHB and guidelines – we need a political body like AMC to address true health issues and needs. So many of our people are suffering and dying waiting for help and some of us on the table don’t understand the strategy.

Chief Balfour agrees and that is why we wanted discussion with the Chiefs on this. The whole approach on what you are supposed to do for funding, AHTF has certain criteria. Norway House pulled together a partnership through OCAP for a proposal. There are other communities wanting to put together proposals, there is capacity there so ask for assistance.

Chief Mercredi, Misipawistik Cree Nation states he will not be available tomorrow and wanted to comment on First Nation health. We help out our people in times of need with little funding. We need doctors. A doctor once a month is not acceptable. We have nurses, but not on reserve. We spent $250,000 of what the federal government should have been giving us for health. If we did not have this money from VLTs what would we have done? In terms of what the province is getting, they won’t help us.

When we try to argue with them, they say they have a hard time getting doctors up-north. The long term does not meet the test right now as the needs are so broad and immediate.

We need to tell it the way it is, we have been polite for too long. If they see the need then maybe there will be understanding.

Chief Balfour states the Chiefs Taskforce on Health (CTFOH), has identified this in preparation for the First Ministers Meeting (FMM) on health. Chief Fontaine will be speaking to this. The 3 Grand Chiefs have met on this, and identified 18 priority areas. The strategic planning process in terms of presenting will occur on December 3 and 4, 2007. A meeting is planned with Gary Doer on December 5, 2007 as well. The FMM meeting on health is proposed for March 3 and 4, 2008 and there is time to plan for a strong opposition and we are open for Chiefs to engage in this.

Chief Bone, Keeseekoowenin First Nation comments on the issue. The CTFOH needs to hear these concerns and issues. We need more funding for all our areas. We have been saying for years we need the monies right in our hands. The other CTFOH members are Chief Kent, Chief Glen Ross, and Chief Harper has discussions with them also.

Chief Balfour states to date there have been 22 CTFOH meetings.

Chief Andrew, Gods Lake First Nation questions the sanatoriums back in the 1960’s has the issue of compensation been discussed?

Chief Balfour states he is unsure in other forums, but not in the health forums.

Special Presentation to Chief Mercredi from AMC Grand Chief Ron Evans and AFN Regional Chief Katherine Whitecloud on his appointment of Chancellor of the North

Honour song by Elder Albert Taylor

Presentation to Chief Marcel Balfour for hosting the remote and isolated assembly in Norway House Cree Nation. Presentation to Chief Andrews for being the interim spokesperson and also for Chief Cook. Gift for Chief Kemp for initiating the conference and Gift for Glen Sanderson for assisting the communities

Meeting adjourned at 6:30 pm

DAY TWO – NOVEMBER 28, 2007

Pipe Ceremony conducted by Elder Keith Pashe, Dakota Tipi First Nation

Grand Entry/Opening Flag Songs by the Good Time Ojibway Drum Group

Opening Prayer by Elder Randolph Pashe, Dakota Tipi First Nation

RECAP OF PREVIOUS DAY’S AGENDA – Chair David Spence, NCN

REVIEW OF DAY’S AGENDA – Chair David Spence, NCN

Canada Mortgage & Housing Corporation - Overview of the Market Housing Trust Fund – Earl Commanda, AFN, Deborah Taylor, CMHC

Earl Commanda provides background information on the housing initiative, leading up to the Kelowna Accord. Housing technicians pulled together information that 80,000 units were needed nationally. First Nations housing should be funded and it was asked at the First Ministers Meeting that we need $800 million for housing. Water was added in the infrastructure for $400 million earmarking $1.2 billion. Then there was the defeat of the government and the new conservative government in Budget 2006 included $450 billion for Indian Affairs and included housing and improving social conditions. Of this, $300 million was set aside for investment of First Nations approach to housing.

The Kelowna Accord approach was not to have government deliver housing in same manner. This particular approach asked for a financial mechanism to go to the First Nation community to leverage more funding for housing needs. $600 million by estimates of current government was 25000 on a home ownership program, would only build 12,000 units.

Deborah Taylor, CMHC, goes through the power point presentation. The fund is a $300 million federal investment to backstop private sector loans on reserve. A portion of investment income may be used to strengthen First Nations capacity. It is set up as a non profit entity separate from the government. It is legally constituted as a trust under an indenture of trust. Run by a Board of 9 trustees (First Nations/GoC/Financial community). It will be managed by CMHC in the initial years but under the direction of the trustees then eventually transferred to full FN control and administration. Monies set aside to earn interest to provide collateral in the event it needs to be paid to a creditor. It is not for down payment assistance, grants, divided up, or for loans.

Why is the fund needed?

From the AFN perspective this approach is different in that it does not require a ministerial loan guarantee. But will require communities to find resources to back up individual loans. This is another tool to keep the concept of collective ownership. It is not about privatization of land. The fund will allow individuals to access home ownership on reserve, to enhance access to private sector financing and to increase First Nation financial expertise and capacity.

How will the fund work?

It is on a voluntary basis, First Nation applies to the fund and the fund will assess the First Nation based on access criteria (not yet established). We know the criteria need to be broad enough to attract First Nations to apply and strong enough to give assurance to creditors that First Nation is strong enough to make obligations.

Total amount of borrowing room will be assessed. Once the First Nation has this certificate they can enter into arrangements with lenders of choice. Some communities’ want to have one lender or multiple lenders etc. (banks, credit unions) Leadership will negotiate with lenders and choose terms and conditions that best suit the First Nation. Some communities want varying rates of amortization periods.

What happens in event of default?

Traditionally through the ministerial loan guarantee the funder assumes 100% of loss. First Nation traditionally takes the lion’s share of the loss because of the collective ownership, and can make decisions on how to deal with defaults. Options are only open to the community on that property.

Once the arrangements are in place then members can go to lenders of community’s choice and apply for a loan – approved and assessed by bank. (income of individual/debts etc)

Where is the market aspect of this approach?

We have a huge backlog and the demand is there. Affordability of housing makes the sec. 95 or home ownership too difficult to manage, so we looked at successful models nationally.

Most communities located near urban centers have ability to buy and sell on reserve.

Those in First Nation Land Management Act and long term lease arrangements can do so with non First Nations people as well.

In one First Nation in Saskatchewan they shared their approach to operate their existing housing stock and selling to band members for 6,000 per unit. Another consideration is another First Nation in the Atlantic built an apartment unit for single mothers and used shelter allowance to run operations.

There is a market for professional people that do not have a house but could afford and need to be in community.

Deborah Taylor, CMHC, states once a borrower is approved for loan, assumed that they pay. But if person is unable for pay, the First Nation reimburses the lender for First Nation share of loss and if they can’t then the First Nation can access the fund and pay on behalf of the loss. The fund could not fund the First Nation anymore till the loan was paid back.

Key activities to date include meeting with First Nations across Canada, also with experts and the financial sector. Feedback was sought through various forums. Currently we are in trustee appointment process.

We need feedback on access criteria, capacity building gaps and opportunities and fund relationships. Potential home owners requiring education on home ownership process, operations and maintenance. No unscrupulous lenders.

What do we expect the outcomes to be?

We will build on the experience of innovative First Nations. It will increase the access to proven financial tools for other First Nations. Will allow many more First Nations immediate access to financing for market based housing. Based on ten year projections, the market could provide up to 25,000 units.

Discussion on Presentation

Chief Shirley Castel, Mathias Colomb First Nation states we spend a million from our capital to pay for mortgages for CMHC. When it comes to reporting time we are not allowed to report what is owed for our First Nation from INAC. The 3 way reporting is not transparent or accountable and this puts us in a co-management situation.

How with this new fund will our people apply for a loan under the social allowance conditions. We are 85% unemployment. We are short hundreds of homes. Building a home in the north costs $175/sq foot but the going rate is $125/sq foot. So building a 5 bedroom home is no longer $135,000 in reality its much more. Need to look at actual figures of building a home in the north. We have looked at other styles of homes i.e. log homes but it is so much policy driven. How does that meet standards in the CMHC program?

Earl Commanda, AFN, states he is unsure of timeframe for policy review but it has been a failure and the need to recognize First Nations shelter allowance for band stock. The high ticket item is recognized. Need additional monies to make it work. I hear you with high costs in the north; big item asked for is when will low subsidies ever increase? We said to the federal government this won’t result in problems for First Nations, need to get back to social housing agenda. Market based is one aspect but needs to look at social housing.

Current statistics show 40% of existing housing stock is in need of repair, the federal government only builds 2300 unit nationally and RRAP 500 units nationally. That’s why this alternative approach is being sought because the existing federal government program is not working

Deborah Taylor, CMHC, states with respect to comment on housing quality and building to codes. We have heard from lenders that they would expect housing to meet the standard of the minimum of the national building code or the First Nation which has jurisdiction to the extent it is higher. I can’t answer that question on the log home and lumber but I will take back and follow up on.

Chief Balfour, Norway House Cree Nation asks what is this fund. We have over 30 million owing to CMHC over the years in my community. What kind of market are we talking about here? It’s contradictory to the realities of First Nation communities. Did we support this at an assembly?

Deborah Taylor, CMHC, states with respect to the backstop this fund is for collateral or security but would encourage a bank to lend to your community for people who want to have their own housing on reserve. Why we call it market based housing is because we are respecting who the First Nation says can live there. When we went to BC they were concerned we did not go far enough to promote an open market system to include non First Nation people.

Chief Balfour, Norway House Cree Nation states I did read the presentation and understand to some degree but am saying to my colleagues I get uncomfortable when we have our own housing issue that is unresolved – will this resolve our issues. We have been trying to sell home ownership. If you want us to play this game then write off all our debt and let’s start from zero.

Chief Bone, Keeseekoowenin Ojibway Nation asks why or how this presentation got this far? I don’t recall this discussion before but recommends checking that resolution for this to proceed. We started back in early days with CMHC to get housing and now we are in deficits. This new program may not work for economics in my community. Who wants to buy a house on their reserve? It took years to find takers in our First Nation. This kind of looks attractive but looks like we will be co-signing.

Earl Commanda, AFN, comments on the question: Was there a political decision to look at this? A resolution was passed before the FMM to research this area. We also recognized that existing programs don’t work and need to change the system. The 1996 Indian Housing Policy, the Chiefs Committee of AFN was made aware of pending announcement of new approach to housing and at our policy forum last year in May we had opportunity to share with the Chiefs this approach. In terms of the fund there was no resolution accepting it – it has never come to Chiefs for approval, rather for alternative ways to housing.

Chief Meeches, Long Plain First Nation states my concern lies with the history of First Nations housing. We have had band housing initially, capital housing under treaty, and then Sec. 95 housing in the 80’s. There are fundamental treaty issues to look at. We were forced to accept Sec. 95 housing because of demand. There are a lot of positions on treaty and access to shelter. There are huge demands for housing repairs etc. and we also need to separate the politics of on reserve housing from Chief and Council tables and move these portfolios to regional housing authorities. The reason is basically the political reality of managing houses in reserves.