LEADERSHIP & GOVERNANCETRANSfORmATIONAL CHANGE THROuGH EDuCATION AND CAPACITy BuILDING

Serving the People: Cree Women & Ceremonial Leadership

Directing First Nations Corporations

Using a Framework of Standards to Help Achieve Objectives

JAM The JournAl of AboriginAl MAnAgeMenT

SubScripTion inforMATion

AFOA Canada members receive a free subscription to JAM: The Journal of Aboriginal Management. The Journal is published twice a year – spring and fall editions. The Journal is mailed to members.

Non-members can subscribe to JAM for $50.00 a year. To get a subscription, call AFOA Canada toll free at 1-866-722-2362 or visit AFOA at www.afoa.ca.

AdverTiSing inforMATion

JAM is distributed to over 1,500 members and delegates, and is made available to all First Nations, Métis and Inuit across the country. These are the people with the purchasing power who spend millions of dollars a year on products and services. Advertisers gain valuable exposure to key decision-makers in Aboriginal communities and organizations. Corporations who advertise in JAM also contribute to enhanced Aboriginal finance and management in this country and, ultimately, make a contribution to the enhancement of the quality of life among Aboriginal peoples.

AFOA Canada welcomes advertisers for JAM: The Journal of Aboriginal Management. All advertisements are in full colour.

Corporate Members OtherFull page, inside front or back cover $3,500 $4,500Full page $2,500 $3,500Half page $1,000 $1,500

iSbn inforMATionJAM: The Journal of Aboriginal Management

Published by: AFOA Canada 1066 Somerset St. West, Suite 301, Ottawa, Ontario K1Y 4T3

Managing Editors: Jody Anderson, Manager, Public Relations, AFOA Canada (613) 722-5543 ext. 103 janderson@afoa.ca Wayne K. Spear (647) 882-1965 wayne.k.spear@gmail.com

For subscription and advertising information see above.

Library and Archives Canada Cataloguing in Publication The journal of Aboriginal management: JAM Semiannual Issue 18 (February 2016) ISSN 1716-5237 (Print) ISSN 2292-8677 (Online)

Native peoples – Canada – Finance – Periodicals Native peoples – Canada – Politics and government – Periodicals. AFOA Canada. Title: JAM

E78.C2J678 658.15’0897071’05 C2005-903501-3

“All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without permission in writing from the publisher.”

Cover image: www.cattroll.com Graphic Design: www.PaulEdwardsDesign.com Copyright 2016 AFOA Canada Printed in Canada

AdverTiSing diSclAiMer

AFOA Canada does not make any representation as to the accuracy or suitability of any of the information contained in the advertisements and does not accept responsibility or liability for those advertisements. They are not endorsed or recommended by AFOA Canada.

The JournAl of AboriginAl MAnAgeMenT (JAM) iS A reSource docuMenT ThAT ASSiSTS our MeMberS in STiMulATing ideAS And diScuSSionS wiThin Their coMMuniTieS And beyond. ThiS ediTion, on Leadership and Governance – TransformaTionaL chanGe ThrouGh educaTion and capaciTy BuiLdinG, iS wriTTen AT A TiMe of renewed hope And opTiMiSM wiThin our coMMuniTieS.

To take advantage of present and future opportunities, our communities need strong leadership and good governance practices to perform at a higher level. Those communities who have addressed these important areas recognize that fundamental capacity areas also need to be addressed to move the community forward on its journey. Every organization has capacity issues at one time or another. Whether this happens because of staff turnover or starting a new initiative, managers need to identify the gaps in their staff’s knowledge and skill level and ensure they are addressed.

Equally important to achieving our goals are the relationships we will build with corporate Canada, all levels of government, educational institutions, charities, non-profits, and amongst ourselves. After all, relationship building is part of leadership and governance.

Terry GoodtrackM.A (P.Admin) B.Admin, CPA, CGA, CAFM, CAPA President & CEO, AFOA Canada

LEADERSHIP & GOVERNANCE

AfoA cAnAdA iS pleASed To offer

The cApA in-perSon cuSToMized

progrAM AS A cApA cerTificATion

opTion for Senior AdMiniSTrATorS,

chief execuTive officerS, And Senior MAnAgerS working

in AboriginAl coMMuniTieS And

orgAnizATionS on-reServe, off-reServe

And in urbAn, rurAl, And iSolATed

SeTTingS AcroSS cAnAdA.

developed under The guidAnce of An AboriginAl cApA

council, ThiS iS The only nATionAl

progrAM in cAnAdA ThAT AddreSSeS The coMpeTency needS of ThoSe working

in AboriginAl environMenTS.

SeSSion fAciliTATorS And gueST SpeAkerS

Are “SpeciAliSTS” in Their fieldS

And proficienT in AboriginAl MATTerS.

2300+

FOLLOWERS

certified aboriginal professional administrator

AFOA Canada

CAPAIn-Person Customized ProgramTHE PROGRAMThe CAPA In-Person Customized 18 day program is delivered in six three-day sessions over a period of up to two years or less.Your Customized Program can be tailored to meet your schedule as well as receiving the training in YOUR community. The participants in your customized group will have the opportunity to engage in interactive and participatory sessions with each other from various departments. There will be mandatory pre-reading and homework assignments throughout the program. The program curriculum covered is outlined by session.

BEnEfITs Of CusTOMIzEd TRAInInG» Training delivered in

YOUR COMMUNITY» Group savings» Schedule that best matches

YOUR AVAILABILITY

THE sEssions1 Emotional & Relationship Competencies» Human Resources Management» Emotional Intelligence and Professional

Development» Communications

2 Ethical & Personal Competencies» Values, Ethics and Professionalism» Knowledge of Culture and Language» Knowledge of Community

3 intellectual & Leadership Competencies» Leadership» Governance Structures and Processes» Review Exam

4 intellectual & Leadership Competencies» Critical Thinking and Analysis» Organizational Behaviour and Capacity

Development» Negotiations and Conflict Resolution

5 Fiscal Management Competencies» Planning and Organization» Financial Oversight» Accountability and Performance Reporting

6 Fiscal Management Competencies» Law & Legislative Awareness » Community Economic Development» Review Exam & Diploma Ceremony

DesigneD for» Senior Administrators » Chief Executive Officers» Directors» Senior Managers» Aspiring Managers

DePArTMenTs» Chief & Council » Administration» Finance» Health» and many more

1-866-722-2362Or email us for more information: info@afoa.ca

CALL NOW FOr A QUOTE!

Table of ConTenTs2 leAderShip And governAnce: An ediToriAl Wayne K. Spear

4 whAT iS firST nATionS governAnce? Daniel Brant

8 Serving The people: cree woMen And cereMoniAl leAderShip Janice a. MaKoKiS & patricia a. MaKoKiS

12 Above boArd: iMproving firST nATionS governAnce Dr. MiKe DeGaGné

16 leAderShip & governAnce MarShall M. MurDocK

18 leAderShip & governAnce: developing our fuTure leAderS aDaM GoulD

22 plAnning forwArd, AcTing now: leAderShip chAllengeS for firST nATionS governMenTS Ken coateS

26 STrong leAderShip And governAnce iS All AbouT bAlAnce Jp GlaDu

28 direcTing firST nATionS corporATionS Dr. roSlyn Kunin

30 governAnce And AboriginAl TruSTS GeorGina VilleneuVe

32 poTAShcorp inveSTS in The fuTureS of AboriginAl youTh And coMMuniTieS leanne BelleGarDe

34 SucceSSful buSineSS pArTnerShipS And proJecTS: The role of AedcS, coMMuniTy, good governAnce, And STrong leAderShip alicia t. DuBoiS

36 The evoluTion of firST nATionS’ governAnce STrucTureS liSa ethanS & GuillauMe VaDeBoncoeur

40 hAS firST nATion AccounTAbiliTy gone M.A.d.? ruSSell a. eVanS

44 coSo’S inTernAl conTrol frAMework: uSing A frAMework of STAndArdS To help Achieve obJecTiveS helen BoBiWaSh

52 SupporTing your viSion. inveSTing in your STrengThS. nAccA. Francine WhiteDucK

56 firST nATionS MArkeT houSing fund DeBorah taylor

58 eSTATe plAnning for firST nATionS people in cAnAdA DoMenic natale

2

leadership and GovernanCe

an ediTorialWayne K. Spear, Editor, The Journal of Aboriginal Management

SocrATeS: JuST Think whAT would hAppen if piloTS were To be choSen According To Their properTy, And A poor MAn were refuSed perMiSSion To STeer, even Though he were A beTTer piloT?

AdeiMAnTuS: you MeAn ThAT They would Shipwreck? SocrATeS: yeS; And iS noT ThiS True of The governMenT of AnyThing?

– Plato, The republiC: Book VIII, “the eVIls of olIgarchy.”

In her article, “Governance and Aboriginal Trusts,” Georgina Villeneuve reminds us that the English word governance derives from an Ancient Greek verb, kubernáo (to steer), via the Latin gubernare. Whether we speak of governance or leadership – and in this issue of JAM we do both – metaphors guide us. Governors steer the ship of state, on a course set by far-seeing leaders. This issue is about the distinctly human act of journeying, from vision to arrival. The Old English root of leadership, lædan (to travel), underscores the idea that governance and leadership are about getting somewhere.

Perhaps the best distinction of leadership from governance can be found in Stephen Covey’s The 7 Habits of Highly Effective People: “Management is efficiency in climbing the ladder of success; leadership determines whether the ladder is leaning against the right wall.” Successful leaders, says Peter Drucker, ask “What needs to be done?” The authors of Made to Stick, Chip and Dan Heath, call the resulting mission the “Commander’s Intent” – the clearly described goal that serves as destination. A leader with this clarity of vision is better able to discern and attract the right people – the effective managers to whom they delegate. On this topic of observing distinctions, Mike DeGagné argues that knowing and respecting the differences between Board leadership and day-to-day executive management is essential to healthy organizations. “In my view,” he writes, “governance can be improved by taking practical steps in three areas: conflict-of-interest, Board training, and community consultation.” Dr. Roslyn Kunin rounds out the picture with her detailed article on the basic principles of good Board governance, entitled “Directing First Nations Corporations.”

There are universal lessons to be drawn from history’s most effective leaders and experiments in governance. There are also considerations unique to Indigenous leaders and communities. Janice and Patricia Makokis highlight cultural teachings and traditions that guide effective Nehiyaw leaders, focusing on the importance of women in leadership. Ken Coates examines the socio-economic, political, and technological context of Indigenous governments, concluding that they bear “the most difficult, intense, and challenging administrative responsibilities in Canada.” Lisa Ethans and Guillaume Vadeboncoeur, of Deloitte, add that “the external environment in which First Nations are operating has changed significantly over the last two decades, and the pace of change continues to accelerate.” Meanwhile, they consider some of the common themes of internal governance change, with reference to specific Aboriginal communities.

Governance – whether of households, trusts, corporations, band offices, tribes, businesses, markets, or nations – subsists in the informal and formal norms, traditions, rules, and laws that together establish and sustain a decision-making process. “Fundamentally,” writes J.P. Gladu, leadership and governance “is about power, relationships, and accountability.” Russell A. Evans takes us further into the business of accountability, in his article “Has First Nation Accountability Gone M.A.D.?” Indigenous or not, we must all confront the essential human task of marshalling and allocating scarce resources, in the work of meeting our individual and collective needs and goals. Call it steering the ship or, to use the Haudenosaunee metaphor, building the longhouse. Governance is at bottom the skill of managing well-crafted systems.

3

Although we tend not to think of them this way, our Aboriginal teachings and traditions are indeed systems. A ceremony is a system. Indeed, nature itself is a system – a composite of interconnected and interdependent parts. In a low-functioning organization, we manage personalities and behaviour, while in a high-functioning organization we manage our system. And the system gives us all we need to set out on, and complete, our journey. This insight explains why McDonald’s has been able to run a multi-billion-dollar business staffed largely by inexperienced teenagers, yielding consistent results throughout the world and across decades. As Ray Kroc well understood, a good and well-managed system provides all that is required by the members of a team, organization, business, or community: why we exist, what we do, how we do it, our role, and our values – in short, what The E-Myth Revisited author Micheal Gerber terms “the rules of the game.”

If governance is a skill, leadership is often seen as an art. The art of leadership is, for both good and bad, often an occasion for poetic flights of imagination. The leader is conceived as necessarily heroic, charismatic, or a genius – even as a saviour in whom all must place their hopes. The best examples of this model can be seen in the inspirational entrepreneurs who envision solutions to stubborn problems and in the politicians who lead nations from war and Depression to peace and prosperity. On the other side of the ledger, we find history’s autocrats and dictators. Indigenous cultures, which have traditionally crafted collectivist and egalitarian systems of governance, have been less susceptible to tyranny than have Europe’s hierarchical societies. But, as we see in several JAM articles, colonization has eroded traditional Indigenous practices. Do current-day Aboriginal governments and leaders differ all that much, in their “indigeneity,” from Canada’s municipal, provincial, or federal counterparts? Some of our authors weigh in on this question, too.

We know that governance by its very nature is not a one-size-fits-all commodity. “First Nations governance,” writes Daniel J. Brant, “is a non-monolithic creature of many perspectives. Some advocate a total return to traditional governments, while others want to chart a path of inclusion in the Canadian body politic.” Membertou’s article “Leadership & Governance: Developing Our Future Leaders” comes down firmly on the side of opting “to make additional strides toward self-government and to step further away from the Indian Act.” As always, Membertou First Nation shares with us their bold new ideas. Marshall Murdock helpfully reminds us that “the question now is how do we establish good governance and develop quality leaders? When we think of a First Nation community that has seen great success and leads by example, we ask ourselves, how did they get there?”

As I have tried to show, the articles included in this issue of JAM offer practical answers to this question. From well-crafted Boards to ancient cultural teachings, Indigenous people have proven leadership and governance principles at their service. In addition to the articles I’ve already mentioned, we have Helen Bobiwash’s contribution, subtitled “Using a Framework of Standards to Help Achieve Objectives.” This contribution considers the relationship of third-party accreditation and quality governance systems. Francine Whiteduck, CEO of the National Aboriginal Capital Corporations Association (NACCA), describes the role of Aboriginal Financial Institutions in supporting the development of stronger, local governance systems within the AFI network. “AFIs are now recognized as the experts in risk-assessment across Aboriginal communities,” she writes, “focusing on capacity building of clients through all stages of business development.” Scotiabank’s National Director of Aboriginal Financial Services, Alicia T. Dubois, examines the contribution of strong community leadership and good governance to Aboriginal Economic Development Corporation success. I hope you enjoy this issue, and I look forward to seeing your governance and leadership successes.

wAyne k. SpeAr was born at Buffalo, New York and grew up in Fort Erie, Ontario. He completed graduate studies in English Literature at Queen’s University and worked for over two decades in Aboriginal health and education. From 1999-2012 he employed at the Aboriginal Healing Foundation, where he was the Director of Communications. He is the author of two books released in 2014, Full Circle: the Aboriginal Healing Foundation and the unfinished work of hope, healing and reconciliation and Residential Schools: With the Words and Images of Survivors. Today he lives in Toronto, where he appears regularly on CTV News and writes for the National Post and Huffington Post.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

4

WhaT is firsT naTions GovernanCe?Daniel Brant, CAFM, CAO, Tyendinaga First Nation

MAny Think ThAT governAnce iS SiMply fulfilling The role of A governing body by elecTing A firST nATionS chief And council. buT, AS we will explore in ThiS ArTicle, governAnce – And in pArTiculAr firST nATionS governAnce – iS A highly coMplex AreA ThAT SiMple concepTS cAnnoT AdequATely AddreSS. There Are So MAny viewS AS To whAT An elecTed governing body iS SuppoSed To do, And for The MoST pArT TheSe viewS hAve been clouded by The legiSlATed, policy driven, finAnciAlly enforced SySTeM foiSTed on The indigenouS governing STrucTureS ThAT were operATing prior To The colonizATion of The AMericAS.

So where does the confusion come from, and why has this not been clarified, given that the foisting was undertaken centuries ago? Is colonization the root of dysfunction and the cause of socio-economic disparity among First Nations peoples? Is colonization the reason the federal and provincial governments feel compelled and justified to continue to advocate the Westminster style of democracy?

At the heart of colonization is a particular relationship to the land. Generally speaking, Indigenous peoples see the land as an integral part of their humanity, whereas the colonizers see, and saw it, as a commodity ripe for exploitation. This concept, of nature as commodity, was inherent in the “empty land” philosophy in evidence when the Europeans arrived and formally termed the Americas “terra nullius.” Policy makers, and even the Supreme Court, now disavow the role of this heinous policy in dismantling Indigenous governments. Scholars such as John Borrows disagree. He has weighed in on this issue in a yet to be published paper:

The Supreme Court of Canada purported to deny a key aspect of this creed in the recent case of Tsilhqot’in Nation v. British Columbia.1 It wrote that “[t]he doctrine of terra nullius (that no one owned the land prior to European assertion of sovereignty) never applied in Canada.”2 If only this declaration were deeply true. Despite the potentially narrow accuracy of this assertion Canadian law still has terra nullius written all over it. The same paragraph which purportedly denied terra nullius contains the following statement: “At the time of assertion of European sovereignty, the Crown acquired radical or underlying title to all the land in the province.”3 If land was owned by Indigenous peoples prior to the assertion of European sovereignty, one wonders how the Crown acquired title in that same land without a version of terra nullius being deployed. Some kind of legal vacuum must be imagined to create the Crown’s radical title (Borrows, 2015).

This also speaks to a flaw in the policy of recognition of inherent right. But does this answer the question why a new style of governing structure is so compelling that it takes centuries to adapt? It goes without saying that Aboriginal people have held on to their cultural values through centuries of adversity, mainly because they are the only thing that could not be taken away. Dr. Stephen Cornell, well know for his participation in the Harvard Study, states that “Colonialism had – and continues to have – intentionally transformative effects on many of those peoples, seizing Indigenous lands, dispersing or consolidating populations, bypassing and undermining social and political organization, attacking cultural practices, prohibiting languages, and so on. Claiming or revitalizing an Indigenous Nationhood has to confront the embedded legacies of these practices” (Cornell, 2015).

Indigenous governing bodies are certainly not new. The Iroquois Confederacy, or Haudenosaunee, was initially a confederacy of five nations formed in the year 1091AD (Johansen, 1995), although some European scholars claim that European influence was evident in its structure and formation. The Blackfoot Confederacy also has roots going back between 3000-5000 years.4 Most other Indigenous pre-contact nations had political and social structures that ensured their continuance as a people. The “House” structure of the Indigenous peoples of the West Coast was, and continues to be, highly sophisticated, with social mores built into cultural practices and ceremony. Many of these practices and ceremonies are used today and are part of the cultural fabric of not only the West Coast Indigenous peoples but Indigenous peoples across the Americas.

5

The federal government overtly discouraged participation in ceremonies and cultural practices, using police action and incarceration. However, during the 1920s, 30s, and 40s, Indian people were meeting to discuss their rights (Cuthand, 1977). Only following the War did the Canadian government start to hear the voices of First Nations leaders. John Leslie writes, “In the immediate post-war era, the fundamental message of national Indian leaders – the likes of Andrew Paull [BC], John Tootoosis [Sask.], Rev. Peter Kelly [BC], John Gambler [Man.], William Scow [BC], Joe Dion [Alb.], and George Manuel [BC] – to politicians and Indian Affairs Branch officials was that Indian people wanted to retain their “Indianness” and not assimilate into the dominant society” (Leslie, 2004). While discussions were taking place, a stronger movement was percolating as a result of a federal policy paper introduced by the then Minister of Indian Affairs, Jean Chretien, a Minister of the Trudeau government (Weaver, 1977).

The First Nations political movement crystallized following the release of the federal government’s 1969 “White Paper.” The immediate response focused on Indian rights and was led by a 23-year-old Cree from Alberta, Harold Cardinal. Cardinal authored The Unjust Society, a stinging rebuke of the White Paper, which had been put forward as a major change in relations between Indian peoples and the Canadian public. The Indian response was a total rejection of the government’s proposed policy, considered to be yet another attempt at assimilation. The primary issue of rights as a precursor to self-government was put forward. The rejection of assimilation was also the major factor in Indian people not obtaining the right to vote until 1960. Although First Nations people were offered the right to vote as early as 1885, they would have had to agree to relinquish their status and to become enfranchised, resulting in them not being allowed to live on their homeland or reserve (Elections Canada, 2015). First Nation peoples universally rejected the notion of assimilation, as is the case today.

At the same time in the United States, Native American tribes were using the term “sovereignty.” Young lawyers such as Kirke Kickingbird5 were actively involved in the crusade to promote Indigenous rights and sovereignty among tribes in the United States. In both Canada and the US, a revival of “Indianness” was taking place. The American Indian Movement (AIM) took the spotlight with a more aggressive plan of action. Following an international focus on the eviction of Indians from Alcatraz, in 1971, AIM put forward a proposal of twenty items for presentation to the President of the United States (Chapman, 2010). One of the items demanded a formal recognition of Indian Nations as sovereign political entities. President Nixon dismissed the proposal, but its philosophy was strongly supported by Indian nations in both Canada and the United States and probably should be considered the rebirth of the right to govern.

Self-government as a policy consideration became vogue in the mid 1970s, as the Department of Indian and Northern Affairs began considering the issue of governance and started examining the issue as “local government.” However, concepts of self-government formulated by Indian Affairs in the mid 1970s were seen only as administering federal programs (Cassidy, 1990). The Department of the Secretary of State (DSS) was involved in Aboriginal programming as well as Indian Affairs, and the staff in DSS were quite aware of the necessity of supporting a change in policy. Jim Lanigan (Belanger, 2004) described this as a transition “from wards of the state to participating Canadians.”

The wards of the state concept had been deeply embedded through the various measures of colonization. However, the basic concept still being promoted by Canada was that local governments must be structured by principles embodied in the Westminster style of governance. This insistence, whether intentional or unintentional, has been promulgated in other areas of colonization. McHugh (2011) states that “Increasingly settler-state legalism demands that [tribal] leaders must govern by Western principles of transparency and accountability geared more towards displaying those attributes to the outer world than necessarily being an outgrowth of the tribes’ own political agenda.” Cornell (2015) further states, “to the extent that central governments have either tolerated or encouraged the organizational efforts of Indigenous peoples, they have wanted to determine its form, often imposing their own organizational models, moral codes, and assumptions about what

dAniel brAnT is a member of the Mohawks of the Bay of Quinte, where he grew up and went to school on the Tyendinaga Mohawk Territory in southern Ontario. His undergraduate work was in the field of Architecture at Ryerson University. He holds two Master’s degrees – one in Engineering from the University of Waterloo and the other in Public Administration from Queen’s University. He is currently working on his Phd from Nipissing University in North Bay. He has held senior positions with the AFN as CEO and with NACCA as CEO. His work experience also includes being on staff with four federal Ministers of Indian Affairs. He was the founder of First Nations Management, a consulting company where he worked for near twenty years. Among those years, he was an associate with Coopers & Lybrand. He has served on a number of Boards, including both federal and provincial Order-in-Council appointments, Gignul Housing in Ottawa, and First Nations Technical Institute at Tyendinaga. He is currently the CAO at his home at Tyendinaga, the 9th largest First Nation in Canada.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

1 Tsilhqot’in Nation v British Columbia [2014] SCC442 ibid. at para. 69.3 ibid. 4 Website5 Kickingbird now practices law in Oklahoma with the law firm HOBBS, STRAUS, DEAN & WALKER, LLP

6

“good” governance should look like.” Throughout the history and development of First Nations governance, this indeed has been the case.

The Penner Report (1984) was a seminal turning point, as it was the first formal government document that acknowledged the existence and necessity of First Nations governments within a pluralist Canada. As summarized by Belanger & Newhouse (2004), the Penner Report articulated three major areas of departure from mainstream thinking of the day:

1 The report envisaged Indian government as a “distinct order” of government within Canada with a set of negotiated jurisdictions and fiscal arrangements

2 The report recommended the right of Indian Self Government should be constitutionally entrenched with enabling legislation to recognize Indian Government

3 The report defined areas of authority for Indian governments as education, child welfare, health care, membership, social and cultural development, land and resource use, revenue raising, economic and commercial development, justice and law enforcement, and intergovernmental relations.

Canada’s response was positive, but to date none of the major recommendations has come to fruition. The response was indeed reminiscent of the President of the United States some forty-five years ago.

So whAT doeS good governAnce look like? First Nations Governance, as stated at the outset of this article, is a non-monolithic creature of many perspectives. Some advocate a total return to traditional governments, while others want to chart a path of inclusion in the Canadian body politic. Obviously, these perspectives involve totally different views of the responsibilities of governing. Borrows advocates constitutional solutions and the necessity of more Aboriginal law supporting stronger Aboriginal governance within the Canadian legal system (Borrows, 2010). Other scholars such as Taiaiake Alfred implore First Nations people to return to their traditional ways of governing (Alfred, 2009). The Institute of Governance has developed a recipe of elements that constitute good governance, as has the Royal Commission on Aboriginal peoples (RCAP).

The decision on how to govern must be taken by First Nations themselves if there is serious determination to implement self-government. Stephen Cornell states, “Acting as a Nation involves more than organization; it is about accepting responsibility for strategy and its outcomes and for delivering the goods: law, justice, economy, resource stewardship, cultural revitalization, productive intergovernmental relationships, the intergenerational transmission of knowledge, and so forth” (Cornell, 2015). Many First Nations leaders fear that if they take the bold step to rebuild their nation according to traditional values, the government will cut off their funds. The fact that First Nations are institutions within the framework of Canada, constitutionally protected under Section 35(1) of the Constitution Act, makes this fear highly unlikely. However, it is still seen as a risk to most leaders. The decision remains in the hands of the political leaders. Do we want to be “Wards of the State,” or do we want to become viable, self-directing and self-sufficient First Nations, in every respect of the word, contributing to our homeland with the gifts the Creator charged us with?

wHAT IS fIRST NATIONS GOVERNANCE?

MAny firST nATionS leAderS feAr ThAT if They

TAke The bold STep To rebuild Their

nATion According To TrAdiTionAl

vAlueS, The governMenT will

cuT off Their fundS. The fAcT ThAT

firST nATionS Are inSTiTuTionS wiThin

The frAMework of cAnAdA,

conSTiTuTionAlly proTecTed under SecTion 35(1) of

The conSTiTuTion AcT, MAkeS ThiS feAr

highly unlikely.

7

8

servinG The people

Cree Women and Ceremonial leadershipPatricia A. Makokis, EdD, and Janice A. Makokis, BA., MA., LLB

indigenouS woMen1 hAve AlwAyS been in SoMe forM of leAderShip role wiThin Their coMMuniTy And nATion, wheTher iT’S in elecTed leAderShip poSiTionS (Such AS chief or councillor), educATion, or leAding Their fAMily in rAiSing up The fuTure generATionS. The MAnner in which indigenouS woMen leAd iS unique And deServeS More explorATion. iT’S eSpeciAlly iMporTAnT To exAMine The dynAMicS in SpAceS ThAT don’T hAve high repreSenTATion of woMen, Such AS buSineSS, bAnking, engineering, And Science. ThiS pAper will ouTline SoMe of The unique leAderShip quAliTieS of nehiyAw ikSwewAk (cree woMen), SoMe of The chAllengeS They experience, And how exerciSing leAderShip iS inexTricAbly linked To The lAwS of cree people – lAwS conTAined in our cereMoniAl TeAchingS. we Argue ThAT indigenouS woMen, And SpecificAlly cree woMen (Since The AuThorS Are boTh froM The nehiyAw nATion), find Their STrengTh, reSilience, creATiviTy, foreSighT, And guidAnce in Their leAderShip, Through Their culTurAl vAlueS And TeAchingS.

ShAring cree woMen’S leAderShip prAcTice

The authors attended the first Aboriginal Economic Development Corporation (AEDC) Conference, hosted by the Canadian Council for Aboriginal Business (CCAB) and held in Saskatoon in November 2015. The Conference brought people together to discuss the emerging trend of AEDCs within the Canadian business landscape. Specifically, we gathered “to discuss the importance of business fundamentals as well as community engagement, two necessary pillars that support economic growth and sustainability.”2 The conference attendees had varied backgrounds and provided an excellent opportunity for networking and learning to take place.

Whether or not by coincidence, one of the authors (Dr. Pat Makokis) was asked to fill in for another speaker last minute, since the original speaker could not make the panel they were scheduled to participate in. Dr. Makokis ended up participating in the panel “Understanding Community Goals.” The following story, written from the perspective of Dr. Makokis, highlights some of the events of the CCAB conference which gave rise to this article.

A nArrATive on leAderShip froM The ccAbWhen I arrived at the session I agreed to participate in, I realized that I was the only woman on the panel. The other panel participants included the CEO of Frog Lake Energy and the Executive VP of Real Estate of Walton Global Investments. They were given the questions for this panel in advance, which gave them more time to reflect and to develop responses for the panel discussion. Since the panel was about “community,” I was not too worried about not being prepared, since I live and breathe community everyday. I live on a First Nation, and my entire professional life has been spent serving the Indigenous community with the vision of making change for our people. Once the panel began, the questions started coming, some of which included How do Indigenous men and women lead? What are the challenges for Indigenous women in leadership roles in a male dominated world? and so on.

As I sat on the panel and looked into the audience, noting that many of the conference attendees were non-Indigenous, I thought it would be an excellent opportunity to give an Indigenous perspective on leadership grounded in Indigenous knowledge. It was an opportune time to share some of the teachings that I have learned from Elders over the years. I found myself thinking about the “secret hidden history” of Indigenous peoples’ experiences, the true history not written in books. Or, if it is written, it’s all too likely from the colonial perspective of non-Indigenous authors and historians.

9

I mentioned the important work that the Truth and Reconciliation Commission3 (TRC) had done and how we need to consider thinking about the TRC Calls to Action4 in the work we all do in our various fields. We need people to understand the colonial history and its impact on Indigenous Peoples’ lives. This colonial history is the reality we see rolling out as socio-economic issues in Indigenous communities right now. As someone who lives on a reserve, I see this reality and the challenges our people have in overcoming generations of soul wounds inflicted by the colonial experience.

Even though the residential school era is over, and we are in a “truth and reconciliation” phase, there is still much work to do in healing from the historic trauma and intergenerational impacts5 that linger in Indigenous communities. The social issues we see today are a direct result of the colonial legacy left by the residential schools. So when the question was asked about the differences in the way Indigenous men and women lead, and in the challenges they face, I thought about the imposition of foreign systems of governance on our nations.

The Indian Act structure of governance is a foreign structure developed to control, restrict, and transition6 Indigenous peoples away from our traditional forms of leadership and governance. I discussed how traditional structures and leadership processes had the men as the speakers but the decision making was never done unilaterally, since the men consulted the women on everything7 – especially major decisions impacting the nation and the future generations of the people. The men consulted the women. I spoke about how the current Indian Act election system creates winners and losers. The losers no longer support those who have the most votes. It becomes a game and a popularity contest. The focus on the people, issues, and the future are lost in this. This in itself is another form of oppression and lateral violence, as it pits us against each other, rather than honouring the gifts of those who lead.

In our traditional governance structures, everyone had, and has, gifts to contribute to the greater good. The priority was always to serve the nation and to think about the children and the future generations. Today, we sometimes see men and women pitted against each other, instead of men recognizing women’s roles in ceremony (governance) and working together with the women. Have we forgotten the importance of traditional leadership roles, where men and women each have something to contribute to the nation? Have we bought into the “positional power leadership roles” that come from the Western system of governance?

Our own ceremonies ground us in who we are and how we should be working together or governing ourselves. Our ceremonies are beautiful and intricately detailed. They have to be this way, because the details are the preparation work. They need to occur in order for the ceremony to take place. Everyone has a role, and the men and women must be equally important for the ceremony to function. The level of detail required in the preparations before a ceremony even begins demonstrates leadership in action and the sophistication of our governance system(s).

I spoke about my family’s experience in the “fast ceremony”8 that we participate in every year. There is so much detail in a participant’s preparations for a fast ceremony. Just before the fasters go out to their lodges (which are located out on the land and in the sacred fasting ground area), we see the minute, intricate, detailed preparations that the oskapewis (helpers) and lead female and male Elder embark on to ensure that the ceremony runs properly. If the ceremony does not run properly things can go wrong, impacting a person’s life into the future.

This is the check and balance that is built into our system of leadership and governance. We see the men and women working together, and everyone knows they play an important part of the ceremony in order for it to function. The men and women fulfill their roles in leading the fasters to their fasting area, where they will spend several days out on the land, reconnecting to kikawinaw askiy (Mother Earth).

pATriciA MAkokiS has a Bachelor of Education from the University of Alberta, a Master of Arts (Leadership) from San Diego State University, and a Doctor of Education (Leadership) from the University of San Diego, California. She has worked in Indigenous post secondary education, teaching leadership classes for years. Most recently she has been working in the field of oil and gas. She currently teaches in the Faculty of Extension at the University of Alberta.

in our TrAdiTionAl governAnce STrucTureS, everyone hAd, And hAS, gifTS To conTribuTe To The greATer good. The prioriTy wAS AlwAyS To Serve The nATion And To Think AbouT The children And The fuTure generATionS.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

10

AnoTher eleMenT ThAT requireS

ATTenTion iS The incluSion And

AcknowledgeMenT of indigenouS

knowledge And SpiriTuAliTy in All ASpecTS of

governing – eSpeciAlly in The

poliTicAl, econoMic, environMenT,

governMenT relATionS,

MAnAgeMenT, governAnce, And

leAderShip SecTorS.

What leadership lessons can we learn from Indigenous cultural and ceremonial practices? In sharing some of these teachings and stories with conference participants, the Elders who I have had the privilege of working with (George Bretton and Mike Steinhauer) kept telling me to say “let us live the life the Creator meant for us to live.” Both of these Elders have left us now, but their legacy remains and I recall their teachings often, especially their messages for us to collectively remember that we need our men and our women leading together. After I shared some of these stories and teachings on Indigenous leadership and the role of women, many participants came up to me afterward to tell me that they had not heard anyone talk about leadership in this way. It was then that I was asked to contribute an article for AFOA Canada’s upcoming journal so I could share some small part of Indigenous leadership that is informed by our cultural and ceremonial teachings.

leAding Through cereMony And overcoMing The indiAn AcT We cannot talk about Indigenous leadership and governance without briefly discussing the effect that the Indian Act has on Indigenous communities. The Indian Act is the blueprint for changing the traditional leadership and governance practices of Indigenous peoples into what we see today – communities that struggle with socio-economic, leadership, and governance issues. As Indigenous sociologist Cora Voyageur writes, “The social, economic, and political regulation of Canada’s First Nations was codified in the Indian Act. Rooted in colonialism and paternalism, the Indian Act was created by the government of Canada to fulfill three functions: to define who was and was not an Indian, to civilize the Indian, and to manage the Indian people and their lands.”9

Today, we see that leaders and communities are struggling to come out of a post Indian Act system and wanting to develop governance practices that reflect what their ancestors governed by. Efforts are being made by communities to move away from the Indian Act through the implementation of other forms of governance and accountability mechanisms, such as Elders’ and People’s Councils that work alongside the elected Indian Act Chief and Council.

We argue that for governance and leadership to truly represent a traditional model reflective of pre-contact practices, they need to include Indigenous women. The inclusion of women in leadership and governance is important not only in addressing gender representation but for generational change to occur, as well as for the effects of colonialism and historic trauma to be undone. Practicing leadership through ceremony allows for a more egalitarian and holistic model that removes ego and hierarchy and promotes a “seven generations approach to leadership”10 in which actions are based on a vision reaching far into the future.

Another element that requires attention is the inclusion and acknowledgement of Indigenous knowledge and spirituality in all aspects of governing – especially in the political, economic, environ-ment, government relations, management, governance, and leadership sectors. This is reaffirmed by Julien, Zinni, and Wright in their article, “Keeper of the Drums: Female Aboriginal Leadership and the Salience of Gender,” where they write that “Aboriginal leaders regardless of gender are driven by spirituality and a long-term egalitarian perspective with a focus on the good of the community.”11

Makokis further affirms the importance of spirituality in leadership in her book, Leadership Teachings from Cree Elders, stating, “Traditional teachings founded upon First Nations spiritual beliefs influenced how ancestral communities were organized on a day-to-day basis. A sense of harmony and accord within the community are attributable to egalitarianism and participatory democracy.”12 There is no question that ceremony, spirituality, and the teachings that flow from these practices play a critical role in the success of leaders and communities who practice seven generation leadership. They have remained grounded in who they are and where they come from, and they use this strong connection to their identities to plan into the future for their people in whatever leadership position they occupy.

CREE wOmEN AND CEREmONIAL LEADERSHIP

JAnice MAkokiS has a Bachelor of Native Studies degree (Native Studies / Political Science) from the University of Alberta, a Master of Arts (Indigenous Governance) from the University of Victoria, and a Bachelor of Laws degree from the University of Ottawa. She currently does political and policy advisory work for Indigenous Nations and teaches in the Faculty of Extension at the University of Alberta.

Janice and Patricia are part of the curriculum development and instructional team in the recently developed Aboriginal Community Industry Relations (ACIR) certificate in the Faculty of Extension at the University of Alberta. Janice and Patricia reside on the Saddle Lake Cree Nation in Alberta.

11

Our research for this paper confirmed that spiritual and ceremonial leadership scholarship exists, but to a limited degree, since the topic has not been mainstreamed yet. In exercising self-determination, it is imperative that Indigenous people understand the role of spirituality and ceremony. As Makokis (2008) argues, “Ceremony is where we connect to our ancestors, their teachings and the way of life they left for us to practice. Ceremony demands understanding traditional knowledge as the tool we utilize to discover who we are and the place where we practice self-determination, governance and our natural laws.”13 This paper is meant to initiate a discussion on the topic and to highlight the value that spirituality and ceremony can have if they are included in leadership and governance initiatives within a community, an organization, or an individual work practice.

It is our hope that in writing this article others will see the significant contributions that ceremonial leadership and governance add to the success of an individual, community, or organization.The authors recognize the importance of Indigenous knowledge and spirituality in facilitating transformational change within people. This is evident in the feedback we hear from our students. Currently, we are involved in a unique program called Aboriginal Community Industry Relations14 at the University of Alberta. This certificate program aims to facilitate better relations between Indigenous Peoples, government, and industry. The program and courses privilege Elders teachings and Indigenous knowledge and use the land as pedagogy in order to teach students about topics related to culture and history, Indigenous laws, lands and resources, and community and economic development.

We would like to conclude by saying this paper is meant to be an introduction into the topic of ceremonial leadership and governance. It is meant to leave people with key ideas and literature that could be used in their work environment if they wish to utilize some of the principles we have discussed.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

1 The authors have chosen to use the word ‘Indigenous’ instead of ‘Aboriginal’ to be consistent with the use of the term in the international fora and the term is also found in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The United Nations Permanent Forum on Indigenous Issues put out a document discussing the term “Indigenous” and can be found here: www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf2 Canadian Council for Aboriginal Business, Past Events: www.ccab.com/aedccsask3 Truth and Reconciliation Commission website: www.trc.ca/websites/trcinstitution/index.php?p=34 Ibid: www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf5 In their article on Aboriginal People and historic trauma the authors, Aguiar and Halseth,

connect the link HT has on successive generations and how this manifests itself through the current social challenges Aboriginal people experience, “In the case of many Aboriginal people, past historic traumas have created conditions of disadvantage (ie. lower levels of income and education, poorer quality of housing, reduced access to resources, erosion of cultural identity and pride in self, among others), which result in social problems that perpetuate traumas for subsequent generations”.

Aguiar, William and Halseth, Regine (2015), “Aboriginal Peoples and Historic Trauma: The Process of Intergenerational Transmission” from the National Collaborating Centre for Aboriginal Health: www.nccah-ccnsa.ca/Publications/Lists/Publications/Attachments/142/2015_04_28_AguiarHalseth_RPT_IntergenTraumaHistory_EN_Web.pdf

6 Coates, Ken (2008), “The Indian Act and the Future of Aboriginal Governance in Canada” from the National Centre for First Nations Governance: www.fngovernance.org/ncfng_research/coates.pdf7 In “Understanding Treaty 6: An Indigenous Perspective” Sharon Venne discusses the authority of women in the treaty making process and links their role to the power they had in traditional Cree governance structures. In her words “One of the strongest teachings of the traditional elders concerns the women. When the elders speak about the role of women at the treaty, they talk about the spiritual connection of the women to the land and to treaty-making. The Creator gave women the power to create. The man is the helper to the women, not the other way around. Women are linked to Mother Earth by their ability to bring forth life. The women sit beside the Creator as a recognition of their role and position” (191).

Venne, Sharon, (1997). Understanding Treaty 6: An Indigenous Perspective. In Aboriginal and Treaty Rights in Canada: Essays on Law, Equity and Respect for Difference editor Michael Asch, (UBC Press: Vancouver). 8 A fast ceremony may vary from Nation to Nation or Elder to Elder but generally a person enters into a ‘fast’ where they do not drink water or eat food for an extended period of time. Each person who commits to fasting will fast anywhere from 1-4 plus days. On the last day, you come out of the ceremony and come back to the camp to join the camp again. To prohibit any cultural misinterpretation, the authors recommend approaching an Elder or knowledge keeper with tobacco/ protocol who knows about this ceremony to seek information9 Voyageaur, Cora (2011). Female First Nations Chiefs and the Colonial Legacy of Canada. American Indian Culture and Research Journal, 35: 3.

10 Julien, Mark, Zinni, Deborah, Wright, Barry (2008). Keeper of the Drums: Female Aboriginal Leadership and the Salience of Gender. Advancing Women in Leadership, 2811 Ibid. 12 Makokis, Leona (2009). Leadership Teachings from Cree Elders: A Grounded Theory Study. Germany: Lambert Academic Publishing, at 33.13 Makokis, Janice (2008). Nehiyaw Iskwew nehiyaw iskwew kiskinowâtasinahikewina – paminisowin namôya tipeyimisowin: Learning Self-DeterminationThrough the Sacred. Canadian Woman Studies; Winter/Spring 2008; 26, 3/4; GenderWatch (GW) at 42. 14 University of Alberta, Faculty of Extension, Aboriginal Community Industry Relations Certificate, Retrieved on January 11, 2016 from: www.extension.ualberta.ca/study/community-engagement-studies/acir/

fooTnoTeS

12

above board

improvinG firsT naTions GovernanCeMike DeGagné, PhD, CAPA, President and Vice-Chancellor, Nipissing University

iMproving firST nATionS governAnce iS SAid To be one of The principle chAllengeS fAcing our coMMuniTieS. however, iT’S iMporTAnT To noTe ThAT ThiS iS noT A new iSSue. TwenTy-five yeArS Ago i begAn working wiTh The nATionAl nATive Alcohol And drug AbuSe progrAM (nnAdAp), And AT The TiMe The progrAM wAS in iTS infAncy. one wAy To help The progrAM Thrive wAS To hire Three SpeciAliSTS in AddicTionS who would viSiT eAch nnAdAp SiTe And AcT AS A reSource for The new cenTreS. They offered Advice To TheSe STArT-upS, And gAve The nnAdAp AdMiniSTrATorS feedbAck on whAT MighT be iMproved.

I recall meeting with these three consultants and asking them to describe the one difficulty experienced by NNADAP programs that they would fix if they could – their top priority. They all answered “governance.”

Addictions programs had selected community members to govern according to their capacities to manage and treat addiction. In other words, they chose people with management skills who were interested in the opportunity to take a “hands-on” approach. Yet with many Boards of Directors, the first thing we tell new Directors is to “stay out of the kitchen” and make sure that they aren’t doing the work of management. Some say a Board Director is a highly skilled person we carefully select from our community who we then ask to do nothing. Many Directors balk at this and insist on taking an active role in running the enterprise, creating conflict with managers paid to do the job.

The challenge with governance, then, is to select skilled and committed people to provide oversight to managers of our programs and services, without inserting themselves into the day-to-day work of the organization. Ensuring governance is done right, whether it’s with a national organization or a small local program, is difficult. In my view, governance can be improved by taking practical steps in three areas: conflict-of-interest, Board training, and community consultation.

conflicT of inTereST

When I think of a model Board of Directors, I use my experience with the Board of the Aboriginal Healing Foundation (AHF). I was fortunate to have worked with this Board for seventeen years, and it was an excellent example of good corporate governance balanced by a unique understanding of Aboriginal communities. The Board had seventeen members representing all regions of Canada and Aboriginal professionals and citizens, selected to make difficult choices about funding and community support.

Did the Board have moments of conflict and disagreement? Certainly it did. You can hardly expect the careful distribution of $600M to be free of differences of opinion. The Board dealt with these conflicts through an atmosphere of mutual respect, and an understanding that reasonable people can disagree and still work together.

But most important to the success of this Board of Directors was the understanding that the eyes of the Aboriginal community and other Canadians were watching the decisions made, and that these decisions had to be free of any perception that the Board was serving its individual or collective needs first. Decisions had to be fair to the many communities that had taken the time to apply for funding. Any perceived or real conflict of interest had to be declared, and Board Directors had to absent themselves from any involvement in decisions in which they might gain personally or professionally. This didn’t just mean refraining from voting: it also meant declaring any possible conflict as soon as it was apparent and taking no part in discussions and Board deliberations.

Too often in governance, training and advice on how to address conflict of interest does not work well within Aboriginal communities. I once sat on a Board of Governors of a large health facility where Board policy dictated that if we were related to anyone who worked in the facility we would have to resign. That worked well in an urban environment, where it was unlikely that a relative would be

13

working in the same organization. But what about a small First Nations community where it’s likely that as a Board Director you are in some way connected with virtually everyone who works at the program or uses the service?

We need to concentrate more on managing conflict than simply declaring it. Good Board of Directors policy should be clear on steps to take when mitigating conflict. Declare conflict, withdraw from deliberations and decision-making, and ensure that minutes or meeting notes adequately reflect the actions you’ve taken. If you are involved in hiring for your program or organization, ensure that you declare any perceived or real conflict and remove yourself from the hiring process. Play no part in setting the terms and conditions of employment, such as compensation. And it can’t be said enough: develop a system for keeping good minutes and notes. As a Board Director, you are representing a public trust, and records kept are your best means of demonstrating that you have honoured that trust.

boArd TrAining

Do you remember your first day of work at your current job? For many of us, our first week of work involved sitting in front of an imposing binder of policy and program descriptions in the hope that the reading material would help in understanding the dynamics of the job we were about to begin.

Most of this reading is no help at all, principally because it is done in the absence of context. Since you have little or no framework in which to situate your reading, it doesn’t convey meaning to you. Training and work-related education shouldn’t be about acquiring knowledge; they should be about establishing context. What are the relationships between these policies and people in the workplace? How does this puzzle fit together? Fortunately, time on the job provides the context we need, and we profit from understanding the environment and the formal and informal networks within our work.

Most Board Directors are prepared for their role on Boards in much the same inadequate way as we once prepared for our new jobs. The “Board Binder” is provided to each member, and half a day is set aside to describe to the Directors what’s in the binder. The Board Director has taken on this governance role, first to contribute their skills and background to advance the objectives of the organization, and second to learn more about the organization. Yet little meaningful context is provided to help the Board Director understand their role and comprehend the complexities of the programs which they are now expected to govern and oversee.

Board training is a process that is best guided by the Directors themselves. Instead of a steady stream of disconnected knowledge, we need to allow new Board Directors to ask questions of senior staff and allow them to make the connections between the programs and services the organization offers. Board Directors are most often volunteers and receive little compensation for the time they devote to an organization, so they cannot be expected to spend the time to develop an in-depth knowledge of day-to-day operations. They should leave Board training with a clear understanding of what it means to govern (not manage), with a sense of the broad objectives for the organization they oversee, with a clear understanding of the expectations of themselves as an individual Board Director, and with knowledge and acceptance of the codes of conduct and conflict of interest guidelines that the Board of Directors has established. Knowledge of the intricacies of the organization will develop with time, and it’s important that “Board Education” be an agenda item at each Board meeting. The Board Binder should be put on the reference shelf.

Another essential element of “Board training” is the training that should be provided to the staff of an organization on how best to work with the Board collectively and with individual Board members. In small organizations, staff may well know Board Directors personally and interact with them informally, but in larger organizations Board Directors are seldom seen and yet are rightly perceived to have a great deal of authority and influence. Staff may feel that they are required to respond to the requests of individual Board Directors, or that Board Directors have the management authority to make changes in the organization, perhaps even personnel changes.

Mike degAgné is the seventh President and Vice-Chancellor of Nipissing University. Originally from Fort Frances, Ontario, his career includes work with the federal government in management of Aboriginal programs, and as a negotiator of comprehensive claims. DeGagné is the former Executive Director of the Aboriginal Healing Foundation, a national organization which addressed the legacy of Indian Residential Schools.

He has served on numerous Boards of Directors in the health and university sectors including as Chairman of Ottawa’s Queensway-Carleton Hospital, and Chairman of the Child Welfare League of Canada.

He has a PhD in Education focusing on Aboriginal post-secondary success from Michigan State University, and Masters degrees in Administration and Law. He lectures nationally and internationally in the areas of Indigenous governance and reconciliation. He is a recipient of the Order of Canada and the Order of Ontario as well as the Queen’s Diamond Jubilee Medal.

we need To concenTrATe More on MAnAging conflicT ThAn SiMply declAring iT

THE JOuRNAL Of ABORIGINAL mANAGEmENT

14

boArdS of direcTorS repreSenT

ciTizen overSighT of coMMuniTy progrAMS And

ServiceS. in governing There Are Two criTicAl

SkillS ThAT we cAll upon our boArdS To deMonSTrATe:

The AbiliTy To ASk queSTionS

of MAnAgeMenT, And The cApAciTy

To liSTen And be A conduiT for

coMMuniTy inpuT.

Some staff may view Board Directors or the Board collectively as a forum to air personal grievances and complaints when they cannot get the response from senior staff that they’d like. In small communities, where it is likely that personal connections exist between Board Directors and staff, this is a common misconception that serves to seriously undermine the authority of management and to drag Board members into the weeds of the organization’s business.

Staff need to know the role Board Directors play in overseeing an organization or program, and how oversight differs from management. It is also essential for them to understand that a Board of Directors governs with one voice, that a Board acts collectively, and that individual requests from Board Directors should flow through senior staff. The Board has one employee, the CEO, and it is the CEO’s responsibility to manage all other staff.

coMMuniTy conSulTATion

It’s fair to say that Aboriginal people and communities are in a state of continual consultation. I once heard the typical Aboriginal family described as “Dad, Mom, two kids, and an anthropologist.” Long before the duty to consult, we lived lives scrutinized by researchers, governments, and evaluators, all with a view to discerning our needs and finding ways to address community problems and challenges. The notion that governance in our communities hinges on our capacity to have meaningful forums for community input may be tough for some to accept.

Dwayne Nashkawa, Chief Executive Officer of Nipissing First Nation, puts this dilemma this way:Leadership and management in First Nations find governance challenges and opportunities in many forms. Often these challenges vary depending on circumstance and exist along a continuum, not just specific situations. For example, the requirement to engage and consult the membership is situational but also depends on the circumstance. Some members want to be consulted regularly while others in the same community complain of consultation fatigue and just want leadership to get on with decision making.

In developing the Aboriginal Healing Foundation into a receptive and responsive organization we made many mistakes, the gravest of which was not listening to the needs of communities as well as we could have in our first year. As a result, we were heavily criticized for developing application and funding processes which were onerous and out of touch with the community’s capacity to act. Our response was to begin a series of community consultations. We held about thirty of them over the course of several years. The events were balanced between presenting our work to the public and simply listening. But the most critical part of this process was when we changed the way we conducted our business in response to what we heard. We avoided the tendency to defend what we were doing, and we showed that we took consultation to heart.

Boards of Directors represent citizen oversight of community programs and services. In governing there are two critical skills that we call upon our Boards to demonstrate: the ability to ask questions of management, and the capacity to listen and be a conduit for community input.

concluSion

Throughout the Aboriginal community I encounter my former colleagues from the Aboriginal Healing Foundation. Many of us agree that in addition to supporting Survivors of the residential school system, the AHF represented the opportunity to learn how an organization could be operated in a way that responded to the specific needs of Aboriginal people and communities and that put sound governance principles into practice.

Good governance is critical to our communities if we are to seize even greater responsibility for the systems, programs, and services that govern our lives. We can accomplish this through leading, learning, and listening, and making the Boards that provide oversight to many of our organizations even more effective.

ImPROVING fIRST NATIONS GOVERNANCE

15

The cApA progrAM iS SpecificAlly deSigned To SeT high quAliTy coMpeTency STAndArdS And provide leArning opporTuniTieS To enhAnce The knowledge And profeSSionAl developMenT of Senior AdMiniSTrATorS And ASpiring Senior AdMiniSTrATorS working in AboriginAl coMMuniTieS And orgAnizATionS on-reServe, off-reServe And in reMoTe, rurAl And urbAn SeTTingS.

Through ThiS progrAM, AdMiniSTrATorS will leArn how To SignificAnTly enhAnce Their workplAce perforMAnce And SucceSSfully fulfill Their MAndATeS To provide opTiMAl Service To MeeT The needS of Their coMMuniTieS And orgAnizATionS.

2300+

FOLLOWERS

certified aboriginal professional administrator

AFOA Canada

CAPAOnline Program

* Textbooks are required for CAPA 2, CAPA 4, CAPA 9, CAPA 11, CAPA 13, and CAPA 14, and the student is responsible for purchasing texts in advance.

SCHEDULED ONLINE LEARNING COURSES» Next Semester begins

September 6, 2016» Students require access to the

internet, email, and a computer on a regular basis

» All courses are 15 weeks in length.» A weekly schedule is followed to

enable discussion of lesson material in the discussion forum.

» It is recommended that you set aside 5-10 hours a week to meet the course workload.

NEW INDEPENDENT ONLINE LEARNINGRegistration will be available on and after February 1, 2016.Learners determine how soon they complete the course requirement. One year from your registration date is the required course completion timeline. Learners complete the material at their own pace. Learners have access to AFOA Canada coordinators for any questions.

CAPA 1 HumAn ResouRCes mAnAgement

CAPA 2 LeAdeRsHiP

CAPA 3 FinAnCiAL oveRsigHt

CAPA 4 CommuniCAtions

CAPA 5 goveRnAnCe stRuCtuRes & PRoCesses

CAPA 6 ACCountAbiLity & PeRFoRmAnCe RePoRting

CAPA 7 PLAnning & oRgAnizAtion

CAPA 8 vALues, etHiCs & PRoFessionALism

CAPA 9 negotiAtion & ConFLiCt ResoLution

CAPA 10 KnowLedge oF Community

CAPA 11 CRitiCAL tHinKing & AnALysis

CAPA 12 KnowLedge oF CuLtuRe & LAnguAge

CAPA 13 emotionAL inteLLigenCe & PRoFessionAL deveLoPment

CAPA 14 LAw & LegisLAtive AwAReness

CAPA 15 AboRiginAL Community eConomiC deveLoPment

CAPA 16 oRgAnizAtionAL beHAviouR & CAPACity deveLoPment

For more information call AFOA Canada today at 1-866-722-2362 or visit www.afoa.ca

16

leadership & GovernanCeMarshall M. Murdock, WEP, BA, Vice President, Business Development, Marketing and Relationship Manager, Aon Aboriginal Services Group, Canada

leAderShip And governAnce plAy A key role in All deMogrAphicS And SocieTieS. leAderShip iS noT found buT iS developed And condiTioned. An AbSence of viSionAry leAderShip And quAliTy governAnce reSulTS in diSArrAy AMongST people And The econoMy, AffecTing how A SocieTy funcTionS. hiSTory hAS proven ThAT good leAderShip provideS STAbiliTy And viSion, delivering reSulTS in chAllenging SiTuATionS.

We have seen the evolution and improvement of leadership first-hand in our communities. Indigenous Canada today has many leaders who have accomplished great things for our communities. In some cases this has extended to great things for our country. The achievement of these victories has been, for many, a long and challenging process. In some instances, it has taken decades and even centuries to win the battle. In the indigenous communities of Canada, leadership has always been pivotal in ensuring that the end result moves us forward. In order to achieve success and victory, we need to be mindful that challenges come with a great cost to health, family, and one’s personal journey. Heroes and leaders are often forgotten. The contribution they have made to the improvement of our communities can go unnoticed. Often, leaders receive minimal recognition, credit, or honour for the excellent work they have accomplished in their communities. They are continually working behind the scenes, tirelessly fighting the good fight. Hats off to these unrecognized heroes: they are the front-line workers, spending their time in the trenches.Today, our indigenous economies are among the fastest-growing emerging economies in Canada. Twenty years ago, corporate Canada was stating that the indigenous communities of Canada will be a force to be reckoned with in the next twenty years. In 1975, Dr. Billy Graham stated that “the indigenous peoples of this country are like a sleeping giant, but my friends, the sleeping giant is waking up.” Yes, indeed, indigenous peoples are truly awakening to the realities of the 21st century, taking their rightful place in society and quickly becoming contributors to every aspect of the societal fabric – whether it be politics, education, business, or social development.Today, in the indigenous communities of Canada, leaders are stepping up to the plate to take on the challenge of leading their communities into the 21st century. We are witnessing a monumental shift, in which leaders are formally educated and armed with accreditations and designations such as PhDs, MBAs, CAs, and so on. They are determined to overcome the challenges we face in the 21st century. This movement enables our communities to create positive changes and opportunities at a rapid pace. Indigenous people are also beginning to recognize the increasing importance of education, which is ultimately our ticket out of poverty. In the interim, we need to ensure our leaders are aware of issues at the grassroots, because experience tells me this is where the action is. Our communities have had, and continue to have, many challenges to share with the world, as well as major improvements and accomplishments. We have great leaders who have come and gone, but they are not forgotten. This article wouldn’t do them proper justice by merely listing them as heroes. Their success is the reason we have come so far. It motivates our young leaders to build something better. To continue this movement, leaders must be able to take the best of all society’s cultures and create a safer and more secure place to establish our futures. Indigenous citizens are taking their rightful place in society. We now see young indigenous leaders entering the workforce and learning the art of managing change and re-inventing themselves in their workplace environments. As a society we are no longer bound by separation, lack of communication, or insufficient transportation. Instead, we are quickly becoming a world blended into one universal society. Technology is generating colossal changes. We now have instant access to information, and the manner in which we communicate, conduct our day-to-day activities, and learn is largely influenced by technology and its capabilities.At Aon, we are striving to find the best and brightest indigenous candidates to represent our organization. Indigenous youth are at the crossroads of some very exciting 21st-century career opportunities. Aon is an international corporation with over 66,000 employees and 500 offices in 120 countries. Aon’s mission as a multinational corporation is to continuously provide innovative risk advice and insurance solutions that enhance our clients’ ability to achieve their objectives by leveraging our local, national, and global talent and capabilities. In Canada, we serve 292 First Nation communities with 32 Aboriginal Services Group staff members coast-to-coast. Aon has been working with indigenous communities for over thirty years, and we continue to grow the indigenous business segment of which I am proud to be a part as an indigenous person.

17

There is excellent leadership and governance in many communities, and we are truly encouraged by the governance of these communities. However, we can’t stop there. We are constantly pushing to raise the bar when it comes to leadership and governance. I believe these situations will also change in due time, as we enter a new phase where politics and economics are observed on a global scale. The landscape is changing: business affairs have completely transformed, and as a result of this immense change, we are now operating as a global economy. Strong leadership and governance are crucial to our success and growth in all of our indigenous communities, as we take our rightful place in society as citizens of this country we call Canada. Good leaders lead by example. Good governance demands transparency and accountability. Good leaders believe in what they preach. This is not fiction, it is fact. The question now is how do we establish good governance and develop quality leaders? When we think of a First Nation community that has seen great success and leads by example, we ask ourselves, how did they get there? What did it take to achieve success? Examples of best practices amongst the leaders in these communities include:

» A transparent and accountable leadership style» Adopting consistent financial management principles » Developing and implementing strategic plans with the priorities of the community in mind » Remembering that key financial decisions are made on behalf of shareholders/community

members, and understanding the repercussions of these decisions» Never losing sight of the big picture and core objectives» Understanding the importance of hiring qualified talent for specific roles » Governing your corporation with comprehensive procedures, guidelines, and policies » Holding oneself accountable to shareholders and community members

We have made huge strides in governance and leadership within indigenous communities. When reflecting on our triumphs, the reality sinks in that we can set the bar higher for ourselves. This is truly only the beginning.

MArShAll Murdock joined Aon in May, 2008, bringing several years of experience in building and growing Aboriginal practices with major Canadian financial services institutions in Canada. He has always maintained strong connections and networks within First Nations nationally. Marshall provides a unique understanding and sensitivity to the cultural and socio-economic needs of Aboriginal Canada. Marshall’s key roles with Aon Risk Services are business development, marketing, and managing relationships with the Aboriginal communities and clients in Canada.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

18

leadership & GovernanCe

developinG our fuTure leadersAdam Gould, Manager, Communications & Government Relations, Membertou

you MAy hAve heArd of, reAd AbouT, or been A viSuAl wiTneSS To MeMberTou’S developMenT ThroughouT The pAST decAde-And-A-hAlf. newS iS AlwAyS being MAde, And MeMberTou iS AlwAyS doing or creATing SoMeThing new.

We have a trade and convention centre, a market, restaurants, a hotel, one of the most environ-mentally friendly and energy efficient “green” schools in Canada, strip malls, local business owners, and an entertainment centre. The Membertou Sport & Wellness Centre was previously featured in the Journal of Aboriginal Management (February 2015).

In terms of infrastructure and economics, Membertou’s government and corporate bodies are a leading force in First Nations best business practices. However, there are other pressing areas where leadership is always needed. Responsible governance is a duty that comes with any economic success.

“Welcoming the World!” has evolved from a catchy marketing slogan to a standard practice for Membertou, living up to its own expectations and words by seeking out new partnerships in the greater business community while maintaining focus on its home-based resources. Accountability is certainly a main element of progress and success, and Membertou continues to be accountable in its governance and leadership.

As Membertou grows as a community and a business, the needs of business, governance, administration, and community members increase. In recent years, Membertou has opted to make additional strides toward self-government and to step further away from the Indian Act. Such actions have led to new guidelines and codes, new departments, and fresh ideas.

One of the newer developments in Membertou’s governance is the Governance Committee, mandated to develop laws and codes for consideration by the citizens of Membertou. Its membership includes a combination of community members and employees. As part of the committee’s mandate, it must engage the community in all work that is done. The committee regularly hosts community engagement sessions with emphases on elder, women, and youth involvement. Sessions with community members at-large are also held over a communal dinner.

Governance has worked thoroughly in the development of several areas: 1) Membership Code, 2) Matrimonial Property Law, 3) Land Code, and, recently, 4) A Custom Election Code for Membertou. These laws and codes will eventually be ratified by community members in Membertou and are being led by Governance Coordinator Cheryl Knockwood.

Membertou’s financial management system operates under Membertou’s Financial Administration Law. Since receiving Financial Performance Certification in 2012, Membertou has been working to improve, and to implement improvements to, the financial management system. The Policy Review Committee, led by Policy Coordinator Jennifer Martin, is composed of members of the Senior Management team who were responsible for overseeing the Financial Management System certification process and regularly reporting progress to Chief and Council. In July 2015, Membertou became the first First Nation to obtain their Financial Management System Certification from the First Nations Financial Management Board.

youTh chief & council

Youth involvement has become a standing priority in Membertou, as directed by Chief and Council. In 2012, the first Membertou Youth Chief and Council (YCC) was created as a means of mentoring and integrating the community’s younger generation into roles of leadership and responsibility. Its objective is to be a voice for the youth by discussing and addressing issues and concerns that impact the youth in the community. Ages range from fourteen to eighteen.

The current YCC is composed of ten high school students ranging from ages fourteen to eighteen in grades nine through twelve. Membertou’s Youth Chief is Julian Marshall, eighteen, son of David and Terri-Lynn Marshall. At the beginning of September, the new chief is elected by his or her peers.

19

AdAM gould is the Manager of Communications and Government Relations with Membertou. Adam’s educational background includes earning a Masters of Arts in Intercultural and International Communications (2011), Bachelor of Public Relations, (2008) and Bachelor of Arts (2003). Having grown up in Membertou as a community member, he has seen his community’s transformation throughout the years and anticipates even greater things to happen in the future.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

Every Membertou student has a vote in the youth elections. This year, Chief Julian is joined by four fellow returning and five new members. Incumbent members have the option to return to council the following school year without application. New members apply.

20

Their pArTicipATion in And ouTSide of

The coMMuniTy TeAcheS TheM how

To MAnAge TiMe, bAlAnce ScheduleS, be TeAM MeMberS in

vAriouS SeTTingS, And diScipline.

DEVELOPING OuR fuTuRE LEADERS

Upon election of the Youth Chief and council selections, each member signs an agreement, complete with a code of conduct, to which members must adhere. The code states that members will demonstrate respect, honesty, and trust; will actively participate in all meetings and in community-based events, informing teammates if unable to attend; will promote and practice a drug-free and alcohol-free lifestyle; will be a solid role model for younger community members; and will be a high school student in good standing with excellent attendance, following school rules and passing all classes.Though still a newer initiative, the YCC has been very active since implementation. So far this year, they have hosted summer and Christmas socials for fellow youth and a Halloween party for elementary students, and they have volunteered for a roundtable discussion featuring Sydney-Victoria’s federal election candidates. In previous years, the YCC has participated in national summits and youth conferences, volunteered with grassroots community events, met with Membertou’s Chief and Council for mentoring, and participated in education, career fairs, and professional development workshops. On top of their responsibilities as youth leaders and role models for Membertou, many members are also involved in school-based activities and sporting teams outside of school. Their participation in and outside of the community teaches them how to manage time, balance schedules, be team members in various settings, and discipline. In the future, these youngsters have potential to become the leaders of our community, and more. The experiences and lessons that they learn as teens and young adults will certainly help to mould their future path.

21

22

planninG forWard, aCTinG noW

leadership ChallenGes for firsT naTions GovernmenTsKen Coates, Canada Research Chair in Regional Innovation,Johnson-Shoyama Graduate School of Public Policy, University of Saskatchewan

All governMenTS fAce coMplex And diverSe iSSueS, SoMe in The forM of “wicked” or SeeMingly inTrAcTAble probleMS And oTherS More SiMple To underSTAnd buT difficulT To AddreSS. firST nATionS governMenTS Are no differenT – excepT ThAT They operATe in A coMpleTely differenT legAl And poliTicAl reAliTy. non-indigenouS governMenTS do noT hAve To deAl wiTh The indiAn AcT, indigenouS And norThern AffAirS cAnAdA, The coMplicATed nuAnceS of AboriginAl poliTicS And inTer-coMMuniTy relATionS, And The Troubled legAcy of coloniAliSM And pATernAliSM. indigenouS governAnce involveS The MoST difficulT, inTenSe, And chAllenging AdMiniSTrATive reSponSibiliTieS in cAnAdA. And if The chAllengeS of The pAST forTy yeArS were noT enough, firST nATionS governMenTS fAce An ever More coMplicATed fuTure ShAped by courT deciSionS, governMenT-To-governMenT negoTiATionS, collAborATionS wiTh The privATe SecTor, TechnologicAl chAnge, And new deMogrAphic reAliTieS.

This is, in part, the reality facing First Nations political and administrative leaders. They have, in the vast majority of cases, good reason to feel overwhelmed. Their governments typically have too many things to do, too little time to do them, and too few people to handle the work. If the cultural complexities of working with Indigenous and Northern Affairs Canada were not enough, First Nations communities typically suffer a capacity deficit, in that few members have the skills and experience needed to handle essential work. And they work across an administrative divide, with public governments and corporations that have severe capacity deficits of their own. Non-Aboriginal organizations have too few people with deep understanding of Indigenous communities and their governments. Being an elected or appointed First Nations official in this context is far from an easy task, and the challenges continue to mount.

There are, in this political and legal environment, few opportunities for a “time out” and few occasions when Indigenous governments can regroup, clarify current programs, and focus on a small and manageable group of administrative duties. Consider some of the major changes in the last twenty years alone: Supreme Court decisions on Indigenous resource and harvesting rights, the Kelowna Accord of 2005 (which promised greatly enhanced funding for Aboriginal governments – abandoned in 2006 when the federal government changed), the re-entry of provincial governments into Aboriginal programming, the completion of the United Nations Declaration on the Rights of Indigenous Peoples, the Idle No More Movement (which focused a share of its criticism on Aboriginal leaders), and the rapid expansion of Aboriginal Economic Development Corporations.

The list goes on. The country has seen the signing of over 400 Aboriginal impact and benefit agreements with mining companies, a surge in Aboriginal attendance at college and university, the Canadian resource booms and bust, the Government of Canada’s apology for residential schools and the subsequent work of the Truth and Reconciliation Commission, major conflicts at Caledonia in Ontario and Rexton in New Brunswick, an unprecedented expansion of Indigenous-owned and -operated businesses, and the election of the Liberal government of Justin Trudeau, whose administration offers bold promises of a new nation-to-nation relationship and substantial increases in funding.

Add to this hundreds of specific claims cases, court challenges over resource and governance rights, negotiations with local, provincial/territorial and federal governments, and active reconciliation efforts by non-Indigenous peoples, and it is easy to understand why First Nations governments are stretched, tested, tired, short of resources, and often overwhelmed by external pressures. If that were not enough – and it is certainly more than enough for any government, let alone the often small and administratively isolated First Nations councils and staff – most First Nations struggle with numerous

23

social, cultural, and economic issues, ranging from staggering teenage suicide rates, high levels of HIV infection, wide-spread unemployment, and the even more pernicious effects of Indigenous language loss. Put simply, no other politicians, administrators, or governments in Canada face so many different challenges, and of such interwoven complexity, on a regular basis.

The future shows few signs of offering respite. Technological changes carry promises of major improvements in services for First Nations communities and the risk of substantial threats to employment, external markets and social influences, the local effects of globalization, and the cyclical turmoil of the resource sector. If migration off reserve continues at the current pace, reserve populations will decline sharply and the challenge of serving distant urban members will accelerate. In many parts of the country, reserves struggle to find local economic opportunity and find their reserve communities with large youth and elderly populations but without many of the skilled, educated, and trained members needed to manage modern administrative systems. A growing generation gap is straining relations between the elders and younger people, just as the digital divide between First Nations and most other North American communities strips Indigenous people of many of the benefits of modern digital technologies. First Nations governments that are still struggling to secure safe drinking water and decent road access also find themselves working to capitalize on tele-medicine services and to prepare young people for the digital economy.

In this context, the achievements of dozens of First Nations across the country become all the more impressive. There are communities, from Nova Scotia and Labrador to Saskatchewan and the Yukon, that have established viable and impressive companies. Many of the 250+ Aboriginal Economic Development Corporations have annual revenues in the hundreds of millions of dollars, with even larger sums in investible assets. While many First Nations struggle with underfunded elementary and secondary schools, a growing number of Aboriginal students are attending – and graduating from – colleges, polytechnics, and universities. The negotiation of modern treaties, typically the result of several decades of unrelenting work, provided a legal foundation for self-government, regional engagement, and real Indigenous participation in regional decision-making.

There are innovative First Nation approaches to reserve home ownership, effective resistance to selected government programs (such as the First Nations Financial Transparency Act), and coordinated approaches to resource development that have stopped major projects or resulted in impressive partnerships with leading corporations. Language loss is being addressed through youth language programs. The over-incarceration of Aboriginal men and women has been offset, in part, by culture-based prison support programs. With Aboriginal singers, writers, film-markers, traditional dancers, athletes, and others performing and succeeding at the highest possible levels, there are abundant signs that First Nations are rising to the challenges and opportunities of the 21st century.

One major change has been the emergence of an unexpected governance challenge for First Nations: managing prosperity. The combination of political and legal processes has created real and substantial wealth under Indigenous control. The money comes from modern land claims settlements, court ordered payments for historic injustices and government actions, collaboration agreements with resource companies, income from the development of reserve lands, the successful operation of community-owned companies, resource revenue sharing allocations from provincial or territorial governments, the community share of regional gaming revenues, and income from First Nations investments. To a degree that was both unheard of and almost unimaginable forty years ago, First Nations people have secured major financial resources and met the political challenges of utilizing the money.

This money, in turn, creates almost instant decision items for the First Nations governments. Should the money be allocated to individuals or families, as some high-income First Nations have done? Should the funds be invested in Aboriginal or other businesses and, if so, should the focus be on supporting local businesses or on securing the highest possible return for the community? Perhaps the communities should balance immediate payouts and long-term investments. A growing number of First Nations are investigating sovereign wealth funds – endowed funds that are carefully invested to secure the government’s long-term future, as Norway has famously done with its oil and gas revenues (and as Alberta, infamously, failed to do). These are painful and difficult decisions. Few

ken coATeS is the Canada Research Chair in Regional Innovation and Director of the International Centre for Northern Governance and Development in the Johnson-Shoyama Graduate School of Public Policy, University of Saskatchewan. He is also a Senior Fellow with the Macdonald-Laurier Institute and is co-Director of their major project on Aboriginal people and the Natural Resource Economy. Ken has written extensively on Indigenous issues in Canada, including two recent books, #Idle No More and the Remaking of Canada (University of Regina Press) and From Treaty Peoples to Treaty Nation: A Roadmap for all Canadians (UBC Press).

… There Are AbundAnT SignS ThAT firST nATionS Are riSing To The chAllengeS And opporTuniTieS of The 21ST cenTury… firST nATionS people hAve Secured MAJor finAnciAl reSourceS And MeT The poliTicAl chAllengeS of uTilizing The Money.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

24

MAny of The beST firST nATion

leAderS would eArn More Money

And live wiTh Much leSS preSSure if

They Moved AwAy froM AboriginAl

coMMuniTieS. ThAT They do noT, And ThAT They devoTe So Much TiMe And energy AS elecTed

officiAlS or AdMiniSTrATorS,

iS one of The firST nATionS’ greATeST

ASSeTS.

First Nation communities currently have sufficient personal wealth and employment opportunities, meaning that many members are in urgent need of income, improved housing, and better local services. It is typically difficult to convince the people to defer spending, however beneficial to the community this may be in the long-run.

Economic development is an ever-present dilemma for First Nations. Fortuitously located communities (typically those near cities, recreational sites, or natural resources) have been able to capitalize on nearby opportunities. Many First Nations, however, live in isolated areas with few prospects for direct engagement in the market economy. These communities face much greater difficulty forming viable businesses and creating lasting employment. Mix in an under-educated workforce, the absence of investment capital, and non-indigenous resistance to Aboriginal economic development, and the creation of stable, well-paid work becomes a major problem. Moving beyond geographic luck and beyond opportunities associated with Aboriginal rights (such as the duty to consult and accommodate) requires creativity, determination, and real business acumen conditioned by the desire to maximize community rather than personal benefits.

In both of these areas, First Nations have demonstrated impressive creativity. Aboriginal Development Corporations collectively own hundreds of businesses and manage several billions of dollars in investible assets. Some First Nations have used their resources to blend payments to members with long-term community investments. Others, including those that run casinos, have emphasized job creation, training, and employment stability over short-term profits. In silently impressive ways, First Nations have bought up urban businesses and real estate, adding job opportunities for members while earning significant profits, some of which has been re-invested in cultural, language, and traditional knowledge programs. With assets ranging from urban hotels and office buildings to airlines, retail stores, mining service and supply companies, transportation firms, and the like, First Nations governments have demonstrated sustained leadership in economic development, many with a careful eye to their long-term financial responsibilities.

The fast-changing world of digital technologies holds substantial potential for significant improvements in Indigenous quality of life – if communities can come on board and (a bigger “if”) if reserves can gain appropriate access to high-speed Internet services. In the latter case, numerous First Nations communities are poorly served and have slow, expensive, and unreliable Internet systems. Major national and First Nations investments are required to bring Indigenous Internet connections up to the global standards. That, of course, is only half the job. Members need access to appropriate technologies (smart phones, tablets, and computers), and young people require training and on-site technical services. Only then will First Nations be able to capitalize in full on advances in tele-medicine, cutting-edge educational tools, digitally-mediated work, and the many other digital systems that are now available.

One of the greatest First Nations challenges – although technology can be a real help here – concerns relations with off-reserve members. Since the 1950s, there has been a steady migration of First Nations people (part of a global phenomena, incidentally) to urban areas. Some First Nations governments have gone to great lengths to ensure that off-reserve members remain connected politically, socially, and economically with the reserve and their government. Others have struggled to maintain effective connections. Given the demographics of the urban First Nation population (which includes many women and their children, and large numbers with advanced education), it is important that reserve-based governments find the mechanisms and policies needed to ensure long-term engagement from all of their members.

In this fast-changing, complex, and multi-cultural political and administrative environment, effective leadership is more important than ever. For generations, First Nations have been extremely well-served by talented and determined leaders, many of whom put aside personal opportunity and income in order to serve their communities. This holds to the present day. Many of the best First Nation leaders would earn more money and live with much less pressure if they moved away from Aboriginal communities. That they do not, and that they devote so much time and energy as elected officials or administrators, is one of the First Nations’ greatest assets.

LEADERSHIP CHALLENGES fOR fIRST NATIONS GOVERNmENTS

25

This said, the challenges facing First Nations leaders continue to grow dramatically. The introduction of duty to consult and accommodate requirements over resource development has added dramatically to the responsibilities of Indigenous governments, although these requirements do at least hold forth the prospect of financial and employment returns. Facing a steady stream of changes, whether from a new government in Ottawa or a rapid technological innovation, First Nations leaders have to become the best future seekers in the country. While living with the serious problems facing their people, the best leaders must also have the capacity to look beyond the difficulties and to imagine a positive and achievable future that transforms Indigenous rights and First Nations resources into tools for constructive and sustainable change.

Perhaps the greatest challenge – for governments of all kinds – is determining the appropriate balance of contemporary action and long-term planning. This is a particular issue for First Nations governments, most of which are seriously underfunded, have limited administrative capacity, and must work in a complex INAC-centred political environment. The pressures facing First Nations governments in the present, from securing adequate funding for education and training to providing communities with fundamental and high quality services, are intense, often to the point of being overwhelming. It is difficult to find the time and resources to contemplate a high technology future, complex relations with off-reserve members, and long-term funding strategies, when the most basic requirements of members are difficult to meet.

The future, however, holds both threats and opportunities. All leaders, including First Nations government officials, need to be aware of what lies ahead. The potential for new technologies to revolutionize health and work, much as they have already altered communications and entertainment, are real and imminent. Weighing the potential costs and benefits of making quick adaptations to technological solutions has to become part of the planning and operational cycles of First Nations governments. Similarly, the welcome challenge of managing prosperity – again, an example of balancing present opportunities and long-term needs – rests on deciding what to spend now and what to protect for future generations.

To be successful, 21st century governments have to envisage the future desired by their constituents and align policies and investments with those aspirations. This is difficult to do in the key areas of emerging technologies (no one really knows what will work) and the endowment of community financial assets (which requires deferring current spending in favour of imprecise long-term benefits). For First Nations wrestling with often-immense immediate needs, the future appears to be a distant place indeed. However, the “seven generations” thinking that is integral to First Nations approaches to life – protecting resources and authority for the people of the future – is well suited to the contemplating of long-term investments.

Effective First Nations leaders guide their members toward a shared and desired destiny. Those who have been successful (and the number who are is already substantial and getting larger) do not impose their will on members but, rather, set out a road map for policy and investment. The challenges of this age encourage the adoption of a longer time frame and greater contemplation of future possibilities. This requires that communities be introduced to the risks and opportunities and that members be involved in the difficult debates about current priorities in an era of widespread uncertainty and rapid change. That First Nations are investigating sovereign wealth funds, exploring technological solutions, emphasizing education, and urging governments to provide high quality basic infrastructure demonstrates an emerging balance between responding to current priorities and investing for the future.

It is wrong to say that the future for First Nations looks bright, for there are too may uncertainties and too much work to be done to undo the social, cultural, and economic legacies of the past. It is right to say that the future looks brighter for First Nations than at any time in the past fifty years, as communities balance hard-won rights, economic opportunities, governance and administrative stability, and the active contemplation of the future. What is clear, for First Nations as for all other people, is that effective leaders who understand contemporary issues and who have the vision and courage to envisage radical and dramatic change are integral to community success and long-term well-being.

The fuTure, however, holdS boTh ThreATS And opporTuniTieS. All leAderS, including firST nATionS governMenT officiAlS, need To be AwAre of whAT lieS AheAd. The poTenTiAl for new TechnologieS To revoluTionize heAlTh And work, Much AS They hAve AlreAdy AlTered coMMunicATionS And enTerTAinMenT, Are reAl And iMMinenT.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

26

sTronG leadership and GovernanCe is all abouT balanCeJP Gladu, President and CEO, Canadian Council for Aboriginal Business

AboriginAl econoMic developMenT And coMMuniTy growTh Are key driverS of chAnge in cAnAdA. iT iS eSTiMATed ThAT The AboriginAl econoMy will be worTh $30 billion in 2016, And ThAT AlMoST $1 billion of ThAT will be coMpoSed of eArningS froM AboriginAl enTrepreneurS And SMAll And MediuM-Sized buSineSSeS (SMeS). overcoMing The chAllengeS of econoMic chAnge requireS leAderShip And governAnce STrucTureS devoTed To The STrATegic plAnning And relATionShip-building ThAT Are required for coMMuniTy bAcking.1 however, The differenceS beTween The dAy-To-dAy operATionS of “governMenT” And The longer-TerM proceSS of “governAnce” Are ofTen uncleAr. governAnce iS The “inTerAcTionS AMong STrucTureS, proceSSeS And TrAdiTionS ThAT deTerMine how power iS exerciSed, how deciSionS Are TAken, And how ciTizenS or oTher STAkeholderS hAve Their SAy. fundAMenTAlly, [leAderShip And governAnce] … iS AbouT power, relATionShipS, And AccounTAbiliTy.”2 coMMuniTy leAderS Able To bAlAnce diverSe needS And inTereSTS Are increASingly Seeing Their lAndS, people, And culTureS viewed AS “ASSeTS”3 rATher ThAn AS obSTAcleS or liAbiliTieS, AS So ofTen occurred in The pAST.

Economic development researchers make strong linkages between politics and economic development in reserve communities, but debates are ongoing about what good governance means to Aboriginal and non-Aboriginal people. Agreements, bylaws, and elections that demonstrate commitments to legitimacy and transparency are vital, but good governance and leadership has a social aspect which must engage community participation in ways that extend beyond voting in elections. Good governance can be found in relationships, inside and outside of the community, that are based on trust, cooperation, and social interaction. Community leaders able to engage their members in this way create decision-making processes that build unity and capacity and provide certainty for economic and social development.4

While separating economic development and community politics is important, according to the Institute on Governance,5 the exact boundaries between them can be blurry. CCAB research reveals that 58 percent of Aboriginal entrepreneurs rely on local community support, and 39 percent rely on community government support to develop and grow their businesses. In some cases entrepreneurs, and especially Aboriginal Economic Development Corporations (AEDCs), are answerable to the community and must act in accordance with community values to earn the social licence to operate. But “arm’s length” is relative: there are no hard and fast rules, and what works for one community might not necessarily work for another. Many “AEDC’s include the Chief, Council and/or community members on their boards for transparency, since their trust is ultimately what permits an AEDC to conduct its business independently.” Others do not but still separate the day-to-day operations of business from the overall goals and strategies of the community. Leadership, both in the community or on the board of an AEDC, requires a balance of “hard business skills and soft people skills.”6 The complexity of negotiating claims and arrangements with government and corporations, administering trusts, and providing services to the community all make this a difficult and challenging balancing act; but social capital links directly to economic success, and developing mechanisms which balance community interests is one task that leaders must successfully learn to navigate.

AEDCs move communities forward and are an extension of community values. What are best practices in terms of community development? As a co-founder of Sand Point First Nation’s AEDC, I know that AEDCs bridge the gap between legal settlements (like the Williams case) and the market. Representing community goals in the private economy, AEDCs are an effective, under-appreciated vehicle for driving business in First Nations, Inuit, and Métis communities. A major strength is their ability to operate as professional corporate companies, at arm’s length from community politics. Within this structure, Aboriginal communities manage many proven successful businesses which support their community’s economic and social development.

27

Strategic plans are relationship-building tools which bridge the wants, needs, and goals of community and business partnerships between Aboriginal entrepreneurs and non-Aboriginal businesses, but it is effective and ongoing communication that sustains them. Our PAR program certifies corporate performance in Aboriginal relations at the bronze, silver, and gold levels. Bruce Power is one of 12 Gold-certified companies who have made a commitment to engaging and learning from Aboriginal businesses and communities. There is so much more to Aboriginal business. It’s often about family, community, and culture. The PAR program brings mainstream Canadian business into a new world of business practices that provide expanded opportunities and business certainty.

CCAB research shows that best practices in governance involve political independence, transparency, and accountability. But, in order to build capacity, these must be complemented by visionary and determined leadership in concert with community consultation and a network of relationships. Fundamentally, economic development is about the land and its people. It must occur from the ground up.

JeAn pAul (Jp) glAdu is currently the President and CEO of the Canadian Council for Aboriginal Business (CCAB) based in Toronto. Anishinaabe from Thunder Bay JP is a member of Bingwi Neyaashi Anishinaabek located on the eastern shores of Lake Nipigon, Ontario. JP completed a forestry technician diploma in 1993, obtained an undergraduate degree in forestry from Northern Arizona University in 2000 and holds an Executive MBA from Queens University. JP has over two decades of experience in the natural resource sector. His career path includes work with Aboriginal communities and organizations, environmental non-government organizations, industry and governments from across Canada.

1 TD Economics, The Long and Winding Road Towards Aboriginal Economic Prosperity (Special Report, June 10, 2015) Online at https://www.td.com/document/PDF/economics/special/AboriginalEconomicProsperity.pdf.2 Tim Plumptre and John Graham, Governance and Good Governance: International and Aboriginal Perspectives (Institute on Governance, December 3, 1999): 3.3 See Stephen Cornell and Joseph Kalt, “Reloading the Dice: Improving the Chances for Economic Development on American Indian Reservations” in Cornell and Kalt eds. What Can Tribes Do? Strategies and Institutions in American Indian Economic Development (Los Angeles, CA: University of California, nd), 7. Accessed December 3, 2015, www.hpaied.org/sites/default/files/.../reloading%20the%20dice.pdf4 Canadian Council for Aboriginal Business (CCAB), Community and Commerce (Spring, 2015), 6.5 Plumptre & Graham, Governance and Good Governance.6 CCAB, Promise and Prosperity (Spring 2014), 30; Community and Commerce (Spring 2015), 15, 18-19; Community and Commerce (Spring 2013), 15-17.

fooTnoTeS

28

direCTinG firsT naTions CorporaTionsDr. Roslyn Kunin, ICD.D, Chair, Haida Enterprise Corp.

firST nATionS now plAy An iMporTAnT role in The cAnAdiAn econoMy, eSpeciAlly in The weST. courTS Are grAnTing TheM More righTS wiTh reSpecT To Their TrAdiTionAl TerriTorieS, MAny of which conTAin rich reSourceS And cover rouTeS for needed TrAnSporTATion And infrASTrucTure. youThful AboriginAl populATionS Are becoMing More educATed And AMbiTiouS, And The nATionS TheMSelveS Are Moving TowArd econoMic viAbiliTy And independence. we need To STArT pAying ATTenTion To The funcTioning of corporATionS And Their governAnce in A firST nATion conTexT.

First Nations are not all alike. Each varies in size, location, access to resources, education levels, and other factors. Just as every corporation is unique with respect to products, markets, staff, and its board, so too is each First Nation. But the basic principles of good board governance apply to all corporations – First Nation or otherwise.

One example of a successful First Nation business is Haida Enterprises Corp., a wholly-owned company of the Haida First Nation in Haida Gwaii (formerly the Queen Charlotte Islands). Haida Enterprises more than doubled its profit last fiscal year on a 35 percent rise in revenue. With operations in forestry, fish packing, scallop farming, and tourism, the company posted a profit of $4.4 million on sales of $68.6-million, setting a path that other First Nations can follow.

But before they do, First Nation companies must deal with factors in addition to those that face all corporations. Affected boards must recognize these factors and be prepared to guide the companies in handling them.

chAllengeS

History of dependencyHistorically, the Canadian government has treated First Nations as children who could not look after themselves. Limiting policies such as the Indian Act were put in place, and a culture of dependency was fostered. Over decades, the nations were hampered from participating freely in the Canadian economy. Now that opportunities for independent action are arising, they are figuring out how best to move away from a dependent past.

Little corporate experienceFirst Nation leaders have rarely had the opportunity to be exposed to incorporated business. Basic education on how economies work and businesses operate is often even more lacking than in the general Canadian population. Board members of First Nation corporations must help their shareholders along this steep learning curve.

Ideally, there will be people on the board who have business experience, board experience, and appropriate training. They need to encourage those new to the work of directors to practice good governance first by example and second through director education. A knowledgeable and experienced director may offer some training herself, either formally or informally. The links between training, good governance practices, and a successful, profitable, job-generating corporation must be kept prominent.

Presence of politicsPolitics casts a long shadow on many aspects of First Nation activity, including economic and business operations. University of Saskatchewan Professor Ken Coates, a specialist in Aboriginal affairs, has referred to this phenomenon as the politics of smallness. In a country, province or a city, it is both expected and straightforward to keep politics apart from the operation of an individual business. To do otherwise would be seen as corruption.

29

In small communities, however, things are different. Populations are small. Everyone is aware of everyone else and, in many cases, related to them by blood or marriage. This includes the political leaders, whether hereditary or elected, and usually some if not all of the business leaders – both management and directors.

Informal communication works very well. There are no secrets. As in many other societies, looking after family and friends first has been a historical practice. While this may work in certain political situations, it is not good for business.

Over-optimistic expectationsThe lack of exposure to how corporations actually function often creates very unrealistic expectations. In the popular media, corporations are frequently and inaccurately depicted as always having huge amounts of money and able to provide numerous, well paid jobs, often to people who do not appear to do much work. First Nations may expect new corporations to immediately meet many of the community’s financial needs with generous grants, even when companies are just getting on their feet.

Historically, when money became available to First Nations, jobs were offered to those most in need (or those best connected). They lasted as long as payroll could be met. Since current wages were the first goal, insufficient attention was paid to the overall productivity or skills of those working.

Similar to other Canadians, First Nation people can only prosper in the economic sphere if they acquire the skills, experience, and work habits that enable them to be productive workers. As good directors know, hiring for any other reason than the ability to do the job does not bode well for the success of a business. However, when qualifications are equal, a First Nation company can give preference to its own people.

whAT direcTorS cAn do

RespectDirectors, especially those from outside the nation, must respect the culture, customs, values and political and other constraints under which their First Nation shareholder is operating. This respect covers a wide range of factors, but it is in reality no more than is due any shareholder from its board. That respect must be mutual. The shareholder must be aware of the need for the experience and knowledge that outside directors bring and give.

EducationDirectors must first educate themselves about the history and culture of the nation they are working with and make sure that all company employees are also sufficiently informed. All board members must be educated about good governance and business operations. As far as possible, shareholders should share in this learning to better ensure the success of their corporation. Finally, broad range education and training is needed for current and potential company employees.

TimeCommunities, political leaders, shareholders, and company operators must all accept that it takes time to build a strong, viable corporation with all the financial capital, human capital, and markets that it needs. Taking the time to get good information and good people in order to make the right decisions is often the difference between a successful operation and a failure. If a director does nothing more than encourage the shareholder to be patient, he will have earned his place at the board table.

dr. roSlyn kunin is a consulting economist, speaker, and member of the Order of Canada. She is currently Chair of the Haida Enterprise Corp. and a director of the Michael Smith Foundation for Health Research.

This article originally appeared in the Director Journal, a publication of the Institute of Corporate Directors (ICD). Permission has been granted by the ICD to use this article for non-commercial purposes including research, educational materials and online resources. Other uses, such as selling or licensing copies, are prohibited.

TAking The TiMe To geT good inforMATion And good people in order To MAke The righT deciSionS iS ofTen The difference beTween A SucceSSful operATion And A fAilure.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

GovernanCe and aboriGinal TrusTsGeorgina Villeneuve, MBA, MTI, Vice President of Trust Services, Peace Hills Trust

chAngeS Are TAking plAce in AboriginAl coMMuniTieS AcroSS cAnAdA wiTh The creATion of TruSTS reSulTing froM Specific clAiMS SeTTleMenTS, econoMic developMenT, iMpAcT benefiT AgreeMenTS, And oTher reSource ShAring opporTuniTieS. in our work AcroSS cAnAdA, peAce hillS TruST knowS ThAT The incoMe And cApiTAl generATed froM TheSe TruSTS hAve The poTenTiAl To TrAnSforM A coMMuniTy inTo An econoMicAlly Self-SuSTAining enTiTy – buT only when MAnAged effecTively. A TruST AgreeMenT Should provide TruSTeeS wiTh The opporTuniTy To Apply good governAnce, while defining The diviSion of power Through eSTAbliShed MechAniSMS To Achieve AccounTAbiliTy AMongST All STAkeholderS.

Governance is a word derived from the Greek verb κυβερνᾶν (kubernan), “to steer.” When used in a trust context, the trust document is meant to steer, or guide, the trustees as they administer the trust assets in the best interests of the beneficiaries. However, as in most things in life, the devil is in the details.

If a trust is going to be an effective governance document, it must be written in a proper manner. We tell all our clients that there is a world of difference between an Aboriginal trust and a run-of-the-mill, “ordinary” trust. Most lawyers can write an ordinary trust, i.e. where a person wants to leave their money to their children and the children can only draw down the income, and perhaps some capital, at very specific times. Aboriginal trusts are far more complicated, because of such issues as the number of beneficiaries involved (the entire First Nation) and the length of the trust (often fifty years or more). Many nations use lawyers regularly for negotiations, contract disputes, establishing corporations and joint ventures, etc. These lawyers are usually very competent in these cases, but often do not have the experience or expertise to write an Aboriginal trust.

If the trust is to be an effective governance document, it must contain certain elements. Some of the more important elements are:

» proper definiTionS Whenever a question comes up as to who is a beneficiary, who qualifies to be an auditor, who will be allowed to invest the assets of the trust, etc, the trustees must always refer back to the definitions. In order to guide the trustees, the definitions must be clear and well thought out. We have seen many cases of ambiguous definitions costing a nation tens of thousands of dollars in legal bills incurred to clarify the definitions.

» proper inveSTMenT opTionS Trust law allows the trustees to choose from a wide range of investment options for the trust assets. While there are some things that a trust should probably never engage in (foreign exchange trading is one), the trust should not be so restrictive that the trustees are hampered in their job of creating annual income and growing the trust assets.

» A proper inveSTMenT policy STATeMenT This is a critical governance document that the trust dictates must be created. It outlines the risk and return parameters that the trustees want followed in order to meet the financial objectives of the trust. It also acts as a job description for the investment manager, defining the duties and objectives in relation to the trust.

» proper reporTing No one likes to be left in the dark. In our experience, if people don’t know what is going on with their trust, they will start rumours that can be very harmful and disruptive. The trustees must report back to the beneficiaries and council on a regular and consistent basis. Community meetings are a must, but there are other ways to ensure members are kept in the loop, such as webpages and newsletters. The best way to stop the rumour mill is to get the truth out to people and to let them ask whatever questions they may have.

» proper MoniToring This includes an audit of the trust every year and a review of the investment performance by an experienced, independent investment professional (preferably a Chartered Financial Analyst, or CFA) at least every two years.

These are just some of the basic elements that every Aboriginal trust must have.

30

31

A trust agreement is a crucial document for the community and its financial future. Since the trust is going to have a long-term effect on members, proper time and effort must be put into the development of the trust so that it will fit the community’s needs and objectives. Care must be taken to ensure that it is done correctly the first time, because it is very difficult to amend a trust once it is in place. They can be amended, but the time, money, and effort required can cause the nation some real financial hardship.

In order to get the process right the first time, the nation must use experienced, knowledgeable professionals throughout the process. No matter how expert people say they are, or appear to be, ask for and check references. How happy with them are their previous clients? Needless to say, anyone who does not have references, or who will not provide them, should not be considered for a task as important as writing your trust.

georginA villeneuve brings a wealth of knowledge and experience in the administration and settlement of First Nation Trusts. Georgina has over 18 years of experience in the trust industry and has been administering First Nation trusts for over 16 years. Georgina is a member of Wesley First Nation.

Georgina earned an undergraduate degree in commerce from the University of Calgary and an MBA from the University of Regina. She obtained her MTI (Member Trust Institute) designation through the Institute of Canadian Bankers. Georgina has been a past member of the Regina Estate Council, a former consultant for the Agriculture Institute of Management in Saskatchewan (AIMS), and is currently a member of the Estate Planning Council of Edmonton, STEP, NATOA, CANDO and AFOA.

poTashCorp invesTs in The fuTures of aboriGinal youTh and CommuniTiesLeanne Bellegarde, Director, Diversity & Inclusion, PotashCorp

AS The fAce of SASkATchewAn chAngeS, poTAShcorp iS enSuring iT iS reAdy for The TrAnSforMATion. The nuMberS Are STriking: AboriginAl people could repreSenT 21 To 24 percenT of The province’S populATion by 2031, up froM 15.6 percenT in 2011, predicTS STATiSTicS cAnAdA. And The populATion iS young. firST nATionS children under 14 repreSenTed 20 percenT of All children in SASkATchewAn in 2011.

The trend provides an opportunity for First Nations and Métis people to become further integrated into Saskatchewan’s economy, as well as into PotashCorp’s workforce.

PotashCorp is the world’s leading producer of potash, a key crop nutrient used by farmers around the world. The company’s headquarters and five of its potash mines are in Saskatchewan. In 2015, the company employed approximately 2,300 people in the province, including 232 at its Saskatoon head office. Given its role as a key employer in Saskatchewan, coupled with its goal to improve the quality of life in the communities where it operates, PotashCorp has made it a priority to invest in the futures of Aboriginal individuals and communities as they prepare to share in the success of Saskatchewan’s economy.

“We take a long-term view when we assess our business prospects, and we do the same thing when we approach our relationship with the Aboriginal community,” says Lee Knafelc, PotashCorp’s Vice President, Human Resources and Administration. “These are important investments for our company and for Saskatchewan’s First Nations and Métis people.”

From 2010 to 2015, PotashCorp invested a total of $14.6 million in community projects to benefit Aboriginal people in Saskatchewan, including cultural events, food security programs, and community-building initiatives. The total also includes $3.7 million for education programs and scholarships to benefit the large number of Aboriginal students excited to prepare for their careers. Many initiatives are intended to spark an interest in governance and entrepreneurship among the young people who will be PotashCorp’s future employees, leaders, and partners. These projects include the PotashCorp Aboriginal Youth Financial Management Awards and the Aboriginal Youth Entrepreneurship Program (AYEP).

With today’s increased focus on improved governance and accountability for all organizations, it’s important to encourage young people to enter the world of financial management. The youth financial management awards, open to students in Grades 11 and 12, do just that. 2016 marks the tenth year that AFOA Canada and PotashCorp will present these awards and scholarships to Aboriginal youth who are interested in pursuing careers in finance, commerce, or management – areas where there is great demand for professionals of Aboriginal descent.

“Our investment in the PotashCorp Aboriginal Youth Financial Management Awards is an important part of our strategy,” says Knafelc. “They encourage and support high school youth to make that leap to the next level of education, particularly in areas of study and professions where Aboriginal young people remain underrepresented.”

Recipients of the award attend the AFOA Canada national conference, participate in a special program that introduces youth to careers in finance and management, and receive a five-year scholarship worth more than $5,000.

Emily Martell was in Grade 11 and living in Saskatoon when she received the award in 2013. She eventually chose to stay in her hometown and study at the Edwards School of Business, at the University of Saskatchewan. In addition to her classes at Edwards, Martell began working part-time in 2015 as a Human Resources Student at PotashCorp’s Lanigan mine. She welcomes the support offered by AFOA and PotashCorp since she started her degree. “They’ve brought me under their wing, and as an Aboriginal student I have really valued that.” Though she is a relatively new employee with the company, she has noted its welcoming culture. “PotashCorp has made it evident they are an inclusive company and care about all their employees. It’s almost like a family atmosphere in the workplace.”

32

33

Joshua Hill received his Aboriginal Youth Financial Management Award while he was a Grade 12 student at Onion Lake First Nation in Saskatchewan. He also participated in the Aboriginal Youth Entrepreneurship Program (AYEP), which PotashCorp sponsors through the Saskatchewan School Boards Association. AYEP, which is part of the Martin Aboriginal Education Initiative, teaches youth about business and entrepreneurship as they earn high school credits that give them the opportunity to continue on to post-secondary education. “With skills I plan to gain in post-secondary school, I feel I can go on to do great things with a business administration education, not only for myself, but also for many generations after me,” Hill wrote in the essay he submitted with his AFOA scholarship application. Once students like Hill and Martell have started their post-secondary education, they can apply for PotashCorp’s Aboriginal Internship Program, which garners interest from across Canada.

In 2015 the company hired fourteen university and technical school summer students who gained valuable on-the-job experience in their fields of study, which included engineering, geology, IT, and finance. During their terms, these young people were able to hone their craft while working with professionals who mentored them and provided solid career training. As their terms wrapped up, students discussed their positive experiences at PotashCorp in a recruitment video. [Editor’s note: the video, titled “Nourishing Student Potential,” can be found on the PotashCorp YouTube channel – www.youtube.com/user/PotashCorpVideos.]

PotashCorp’s commitment to the future is reflected in its strong and strategic investments supporting the aspirations Aboriginal youth hold for their education and training. The company recognizes this is an increasingly educated and eager pool of talent with the capacity to make significant contributions, not only to PotashCorp, but to Saskatchewan and beyond.

leAnne bellegArde is Director, Diversity & Inclusion, at PotashCorp, playing a key role in working collaboratively with internal and external stakeholders to ensure the company reflects the communities where it operates and maintains an inclusive company culture. Bellegarde is from Treaty 4 territory but grew up in Meadow Lake, Saskatchewan and calls Saskatoon home. She is a member of the Peepeekisis First Nation. She completed her law degree at the University of Saskatchewan in 1991 and worked in public and private practice before becoming the Director of Aboriginal Initiatives at the University of Saskatchewan’s Edwards School of Business. She came to PotashCorp on secondment in March 2010 as Consultant, Aboriginal Strategy before officially joining the company in August that year as Director, Aboriginal Strategy. She can be reached at leanne.bellegarde@potashcorp.com

34

suCCessful business parTnerships and projeCTsThe role of aedCs, CommuniTy, Good GovernanCe, and sTronG leadershipAlicia T. Dubois, B.Sc., J.D., National Director, Aboriginal Financial Services, Scotiabank

developing STrong, lASTing pArTnerShipS iS neceSSAry in order for Any buSineSS perSon, corporATion, or coMMuniTy To Thrive.

To grow businesses, companies often focus on finding the right partners (or mentors) to further their objectives. But they also need to understand the importance of ensuring they have the capacity, knowledge, and reputation to attract great partners. Without these characteristics, businesses can find themselves struggling, sidelined from the beneficial opportunities, networks, and knowledge that arise as a result of successful partnerships.

At Scotiabank, we put an emphasis on bolstering our reputation as a strong partner for our current and future Aboriginal customers. Through the development of tailored banking offerings and processes, and by serving our Aboriginal customers in a culturally and socio-politically relevant way, we are committed to meeting our partners’ needs.

One may ask how a community or business can ensure they are positioned to be (and thereby to attract) strong partners. Whether we are talking about attracting a banking partner, an industry partner, or otherwise, the role of community, good governance, and strong leadership is crucial. These key aspects make any company more favourable to do business with from a reputational, operational, and financial standpoint.

When business partnerships and projects are being considered, all parties involved diligently assess the risk of engagement. For instance, when financing partners assess risk, it is understood that Aboriginal companies operate exactly like any other Canadian business – although, due to location, some have added complexity imposed by the Indian Act. However, what is most striking about partnering with Aboriginal businesses is the relationship between Aboriginal Economic Development Corporations (AEDCs) and the communities they represent. In every instance, the specific dynamics of this relationship get significant consideration from partners.

As community-owned corporations, AEDCs work on behalf of their community members in the marketplace. This means that AEDCs not only must generate revenue for their members, but must also operate in line with their community’s social values, while operating at arms-length from community politics. If these complex dynamics are not managed, and trust between the community and the AEDC is broken (or if a community does not accept an AEDC’s mission or strategy), then political transition, business turbulence, or projects not in line with local values can break the link between an AEDC and membership. This can cause even the most financially sound projects to collapse, representing significant risk to lenders and all other partners involved in the project.

When entering into a lending partnership with an AEDC, one of the most important charac teristics a financial institution considers is the community’s proven ability to maintain consistent focus and progress toward its economic development goals. When the AEDC’s projects and aspirations are valued by the community, their initiatives tend to survive elections, obstacles, and set-backs, and have a greater likelihood of establishing independent revenue streams. This progressive alignment of community and AEDC undoubtedly fosters strong external partnerships. In fact, in light of the AEDC’s obligation to align with and work on behalf of its community’s membership, it is fair to say that many financial institutions and industry players will not knowingly partner in AEDC projects that do not have their community’s support, as that would run contrary to ethical business practices. A lack of alignment is a significant liability to any planned project. For this reason, an AEDC’s ability to build and maintain the trust of its community is a unique risk consideration that partners take seriously.

35

It is known that AEDCs need to work hard to gain and maintain community support for their projects, but it is important to emphasize that strong community leadership and good governance contribute immensely to an AEDC’s success. The benefits of governance and leadership practices that incorporate transparency and open dialogue with the community are also worthy of emphasis. Experience has shown that political and business leaders best serve their community members when they determine and clearly communicate their vision for development, ideally through ongoing dialogue with community members.

Earning community support often comes down to clear, honest communications regarding a project’s impacts, benefits, risks, and opportunities. Once community members have had an opportunity to openly question and understand an AEDC’s vision and project goals, they are in a better position to provide open, prior and informed consent to projects. If community consent, and indeed support, does not exist for a project, it is likely better to walk away or to re-think than it is to try to force a community into making a decision it may later regret.

It is clear, based upon respected research, observation, and experience that the most successful partnerships are borne out of AEDC strategies and projects that are aligned with and supported by their communities and backed by strong leadership and good governance practices.

AliciA duboiS is the National Director of Aboriginal Financial Services at Scotiabank with responsibility for Scotiabank’s national Aboriginal banking strategy and proactively champions the Bank’s current and potential Aboriginal clients.

Ms. Dubois is a proud Aboriginal professional woman who holds a B.Sc., with Distinction, from the University of Lethbridge and a Juris Doctor from the University of Toronto.

Ms. Dubois’ involvement in the community has been significant over the years, serving as a board member on the Canadian Council for Aboriginal Business, Legal Counsel at Native Child and Family Services of Toronto and as a Crown Counsel with Alberta Justice.

Most recently, she served as legal counsel and Director within Global Compliance for Scotiabank.

36

The evoluTion of firsT naTions’ GovernanCe sTruCTuresLisa Ethans FCPA, FCA, CBV, CPA (Washington), ASA, CFF, Partner, National Aboriginal Client Services Leader / Financial Advisory - Deloitte Vancouver Guillaume Vadeboncoeur, CPA, CA, CA IFA, CFF, Partner, Financial Advisory, Ontario & Quebec Aboriginal Client Services Leader

The exTernAl environMenT in which firST nATionS Are operATing hAS chAnged SignificAnTly over The lAST Two decAdeS, And The pAce of chAnge conTinueS To AccelerATe. AS A reSulT, The weAlTh being TrAnSferred To firST nATionS Through lAnd clAiMS, Specific clAiM SeTTleMenTS, lAwSuiTS, iMpAcT benefiT AgreeMenTS, And oTher AgreeMenTS for reSource revenue ShAring wiTh induSTry And governMenT iS SubSTAnTiAl.

Many First Nations have responded by completely reconstructing their governance structures, largely pursuant to the Indian Act, for purposes of administering government programs and service transfer payments. How First Nations have restructured varies by nation, but there are definitely some common themes. Here are a just a few of them:

» Having a comprehensive community development plan, into which the community members have made substantial input to guide the nation’s priorities

» Having a strategic plan, with clear action items and responsibilities set out and monitored to ensure actions are being executed

» Evolving the band manager position to more of a Chief Operating Officer or Chief Administrative Officer, and ensuring the person filling the role has the appropriate and relevant experience to deal with the complexities of the current environment

» Ensuring there is a qualified person in the key finance position (CFO, Controller, Director of Finance, etc.)

» Bringing traditional forms of governance into the present day and integrating them into a modern-day governance structure

» Separating business from politics while ensuring that the reporting relationship and authorities between the Council and the Board of Directors are clearly set out in a Business Charter or Economic Development Act

» Defining what Economic Development means (i.e. strictly for profit business ventures vs. royalty revenues vs. entities whose primary function is a community service vs. job creation) and ensuring that it is clear who is responsible for each area and that the person managing each has the appropriate experience and qualifications.

In addition to having considered how to implement these strategies, it is critically important that any governance structure is customized to meet the needs and circumstances of a particular First Nation. A “cut and paste” or template approach will never achieve the same results and may ultimately fail.

First Nations that have evolved their governance structures, developed their vision and strategy to effectively respond to the current environment, and proactively anticipated where the next opportunities will come from are being recognized from coast to coast for their success in the business world:

» The Penticton Indian Band (British Columbia) won the 2015 CCAB Economic Development of the Year award and the 2015 CANDO Economic Developer of the Year award for its Skaha Hills development and related businesses supporting the project

» Membertou (Nova Scotia) won the 2015 CCAB Economic Development of the Year award for its overall progress, economic growth, and commitment to its culture and heritage.

What these First Nations and many others have achieved has not come easily. From our observation in working with many of these communities, it is clear that it takes vision, a strong leader or leadership who are willing to lead change, community involvement, persistence, and time. None of these things happen overnight. And even after the contemporary governance structures are in place, it can take time for the community to see the benefits at the grassroots level.

37

Due to the fact that all of this takes time – likely years – and that the necessary resources may not be available by the time a significant transfer of wealth to a First Nation occurs, we are seeing that trusts are being used increasingly as a wealth management tool.

The evolution of trusts by First Nations in recent years has gone from the Ottawa Trust Funds – where the federal government has control over the investment and use of funds – to a variety of trust models that are controlled by the First Nations themselves.

The benefit of the Ottawa Trust Funds, or of the other more paternalistic trust models, is that the trust funds are protected for the long term. The benefit of a self-government or community-based model is that it allows for First Nation or community decision making and capacity building. Ideally, a model that provides protection without paternalism would be the model best-suited for many communities. Many communities have proven this to be the case with the development and implementation of a Community Trust/Administrative Trustee model. When developed properly, this model does achieve the goal of protection without paternalism.

This type of trust works by drawing trustees from the community, thusly being a “community trust.” The trustees are responsible for operating the trust in accordance with the trust agreement. In fact, they have legal responsibility under the Trustee Act to do so. Prior to making decisions, it is typical for these trust agreements to specify that consultation take place with both the community and council – to varying degrees, depending on the trust.

liSA eThAnS is a Financial Advisory Partner at Deloitte and the Founder and Leader of Deloitte’s National Aboriginal Client Service Practice. She is a fellow of the Institute of Chartered Accountants and a Chartered Business Valuator. Ms. Ethans has been involved in a broad range of projects including the creation of First Nation wealth management and governance structures, trust structuring and administrative trustee services, business plans, business valuations, damage quantification and litigation support services, forensic investigations, and other financial related services. She has provided expert witness testimony on several occasions before the Supreme Court of British Columbia.

38

guillAuMe vAdeboncoeur is a Partner in the Financial

Advisory Group in the Ottawa office and is the Ontario &

Quebec Leader of Deloitte’s Aboriginal Client Services

practice. Since 2001, Guillaume has been involved in a broad

range of Aboriginal assignments including trust administration, preparation of business plans,

damage quantification and litigation support services,

program reviews, compliance reviews, specific land claim

quantification, historical studies of spending patterns

of funds in Ottawa Trusts, and governance and operations

reviews. Guillaume is a Certified Professional Accountant (CPA), a

Chartered Accountant designated specialist in Investigative and Forensic Accounting (CA·IFA)

and holds the Certified in Financial Forensics credential

from the American Institute of CPAs (AICPA). Guillaume is also

an Advisor to the Board of the National Aboriginal Trust Officers

Association (NATOA).

THE EVOLuTION Of fIRST NATIONS’ GOVERNANCE STRuCTuRES

coMMuniTy TruST “AdMiniSTrATive TruSTee” Model

The “protection” aspect occurs by having an administrative trustee in addition to the community trustees. While administrative trustees have no decision-making power, they are normally required for quorum when decisions are being made by the trustees, and they often write the cheques. This way, the administrative trustee can be available to assist the trustees with whatever they need, while ensuring that the trust agreement is being followed and that no disbursements are made that would be in breach of the trust agreement. The administrative trustee is often also responsible for ensuring that the community trustees obtain the training and capacity building they need to carry out their responsibilities under the trust agreement.

The trustees can also call upon other experts as needed to assist them in carrying out their responsi-bilities. Most commonly this involves an investment consultant (who assists in the development of an investment policy), the selection of investment managers to invest the funds according to the investment policy, an external auditor, and a trust lawyer.

When properly developed, this type of trust enables the trustees to build capacity while getting the support they need. It furthermore facilitates transparency and accountability to the members and/or beneficiaries, while remaining tax-efficient.

39

The purpoSe of The cApA educATion progrAM iS To enhAnce The knowledge And profeSSionAl developMenT of Senior And ASpiring AdMiniSTrATorS/MAnAgerS working in AboriginAl coMMuniTieS And orgAnizATionS Through profeSSionAl TrAining And A nATionAl cerTificATion proceSS.

for Senior AdMiniSTrATorS who hAve exTenSive experience working in Senior MAnAgeMenT poSiTionS in AboriginAl environMenTS, one wAy To becoMe A cApA iS Through The SubMiSSion of A cApA plAr (prior leArning ASSeSSMenT recogniTion) evidence porTfolio.

2300+

FOLLOWERS

PRIOR LEARNING ASSESSMENT RECOGNITION

AFOA Canada

CAPAPLAR ProgramPLAR is a process that involves the identification, documentation, assessment and recognition of knowledge, skills, and experience through formal and informal study and practice. Applicants are required to submit a completed CAPA PLAR Evidence Portfolio that successfully demonstrates that the 20 CAPA competencies have been met or exceeded. When completing the Evidence Portfolio, applicants must provide three pieces of evidence (documentation) showing that they have acquired the knowledge, skills, and experience specified for each competency.

CertifiCation requirementsTo become a CAPA, PLAR applicants must:

a Have a college/university degree in public administration, business

administration, a relevant senior management program or equivalent degree, and three years or more full time senior management, supervisory experience in an Aboriginal Management Environment;

~ or ~

B No Degree, with a minimum of five years or more full-time senior management,

supervisory experience in an Aboriginal Management environment;

~ anD ~

» Complete the CAPA PLAR Self-Assessment Form to determine eligibility;

» Submit a PLAR Evidence Portfolio successfully demonstrating that all CAPA competencies have been met or exceeded;

» Sign an agreement to abide by AFOA Canada Standard of Ethical Conduct;

» Be a member in good standing with AFOA Canada; and

» Sign an agreement to maintain certification.

ApplicAtion process» Successfully complete the PLAR

self-assessment process.» Submit a completed CAPA PLAR

Application Form.» Set aside 4 to 6 months to

complete your application.» The CAPA PLAR Program fee is

$750 plus applicable taxes.» It may take up to four weeks to

have your portfolio assessed.» Upon completion of the

assessment of your portfolio you will be advised in writing by AFOA Canada whether you have been successful in achieving the portfolio component of the CAPA designation process. If there are gaps in your learning related to the AFOA Canada CAPA competencies, you may be asked to provide additional evidence or you may be asked to develop a learning contract which set out tasks, timelines and outcome to help you fill in the gaps, and successfully meet the portfolio requirements.

How to ApplyVisit our website at www.afoa.ca or contact our office toll-free at (866) 722-2362 and we can email or mail you the Self-Assessment form and the CAPA PLAR Program Application form.If you have any questions in regard to the CAPA PLAR Program, please contact Randy Mayes, CAFM, Manager, Education & Membership toll free at (866) 722-2362 ext 112 or by email at rmayes@afoa.ca.

40

has firsT naTion aCCounTabiliTy Gone m.a.d.?Russell A. Evans, PhD Candidate, Behavioural Accounting, Smith School of Business

The AccounTAbiliTy of firST nATion orgAnizATionS (fnoS) To Their vAriouS STAkeholderS hAS becoMe one of The MoST TAlked AbouT iSSueS in cAnAdiAn poliTicS over The lAST decAde. The TerM fno iS MeAnT, in The conTexT of ThiS ArTicle, To include boTh firST nATion non-profiT orgAnizATionS And reServe coMMuniTy AdMiniSTrATionS.

The term “accountability” has been used in many ways in the public sphere, with little consideration of its meaning. Unfortunately, the commentary on FNOs fails to portray accountability as the multi-faceted and complex concept that it is. It imparts different meanings to different people under different circumstances. A lack of consensus on the meaning of such an important concept will wreak havoc on the public perception and internal environment of any FNO. This is especially true for those organizations that serve multiple functions, with each stakeholder having a unique accountability expectation. For FNOs, accountability demands vary broadly – from government funding agencies to community membership, and everyone in between. This is why having the knowledge and tools to manage these diverse demands is critically important to these organizations.

The first realization in the process of dealing with a multiplicity of stakeholders is that you cannot be all things to all people. Organizations that have broad and varying accountability demands cannot hope to satisfy all that’s asked of them. In fact, attempting to do so will either alienate the majority of your stakeholders (because you’re catering to just a few of them) or please no one (because you’re trying to please everyone).

The condition in which organizations have too many differing accountability demands from too many sources is called Multiple Accountabilities Disorder, or MAD. Diagnosing MAD within any organization is critical to improving stakeholder relationships and delivering quality programs and services. For FNOs, diagnosis of accountability demands is especially important. This will not only improve public perception, it will allow the organization and its stakeholders to better understand the conditions under which they are operating. This understanding is critical for improving both internal and external accountability relationships.

The five-item accountability typology for diagnosing MAD was first outlined by Jonathan Kopell, in the 2005 Public Administration Review. The goal of his article was to provide a means for talking about accountability in a way that leads to clarification of the concept, clearer discussions with stakeholders, and a common understanding for all. Success in establishing a common understanding of the dimensions of accountability allows administrators to adjust the expectations of various stakeholders, as well as of themselves.

FNOs have heavy reporting burdens, so the ability to prioritize or reduce those demands is paramount. Prioritizing accountability demands and creating a mutual understanding of the limits of accountability work to reduce dysfunctions resulting from trying to meet everyone’s expectations. This has the potential to improve each and every stakeholder relationship in an FNO’s portfolio. The following section will review the five conceptions of accountability outlined by Kopell, relating them to the FNO context.

1 TrAnSpArency

Transparency is a foundational aspect and key requirement of all accountability relationships. The main premise of this concept is that an organization or individual must explain their actions and decisions to an external source who has a stake in organizational outcomes. This requires they be subject to regular review and scrutiny by that stakeholder, and that questionable activities or decisions be explained. The higher the transparency, the more access granted to stakeholders interested in the organization’s activities. Transparency of FNOs is based on what facts about its performance are to be revealed, and to whom. Similar to other non-profit and social organizations, FNOs put funding sources as their top priority, followed by program and service recipients. The

41

limited resources available to many FNOs often means that non-priority stakeholders are left in the dark. FNOs are limited in the degree to which they can prioritize their accountability reporting. Therefore, the objective has to be to improve the relationship with their second priority stakeholders, under limitations. This can be done through improved communication of resource constraints and their inability to change the priorities determined by legally mandated reporting relationships.

2 liAbiliTy

Liability refers to the consequences of not meeting the expectations of your stakeholders. It is tied directly to the measures of performance gained through transparency. Liability has two sides: punishment accompanies poor performance while reward follows success. The liability of FNOs is based on whether they face material consequences for their performance, be it positive or negative. For example, the FNO may face sanctions imposed by a funding source for not meeting the budgetary requirements of the previous period. In First Nation governments, elected leaders face the external financial scrutiny of federal funding agencies as well as internal democratic accountability to community members. These FNOs face potential decreases in funding (for failures to meet budgetary expectations) as well as the prospect of not being re-elected (for failing to meet the expectations of the community). FNOs have little flexibility, or influence, when it comes to the concept of transparency and the consequences of failing to meet expectations. The best strategy is to mitigate risks that can negatively impact the mission statement of the organization. This usually means ensuring adequate funding continues to be received. Most other considerations become secondary.

3 conTrollAbiliTy

Controllability is a dimension of accountability, built on both transparency and liability. It represents the amount of control that the principal has over an agent in the accountability relationship. If the stakeholder (principal) can induce certain actions and decisions on the part of the organization (agent) then the stakeholder is said to have control over the organization – meaning that the organization is accountable to the stakeholder. In the FNO context, the most influential is the funding agency. This becomes an issue when FNOs receive funding from multiple sources who have different objectives. It becomes difficult to determine whose objectives should be met first. For example, should it be based on the magnitude of the funding, or the alignment with the mission statement? The problem becomes even more complex for First Nation communities who must balance multiple external government-based funding sources with the needs of a community population. Strategies for addressing the issue of stakeholder control for FNOs must involve minimizing work with funding sources that have conflicting mandates. FNOs must align funding sources as closely as possible with their own mission statement to minimize any potential controllability conflicts. For First Nation governments, the key outcomes involve attempting to manage the control exerted by external stakeholders while not ignoring the need to account to community members.

4 reSponSibiliTy

Stakeholders who hold organizations to account are said to have a level of control over them. Carrying this thought further, those who are responding to the demand for an account have a responsibility to those same stakeholders. The stakeholder defines the rules by which the organization maintains its responsibility to them. These responsibilities are rules that constrain the actions and decisions of the accountable organization. FNOs may be responsible to stakeholders on the basis of laws, rules, and/or cultural norms. Legal responsibility is established through the passing of legislation and requires certain actions or decisions on the basis of law. These are legally binding responsibilities and the most difficult to negotiate. Rules are the formal internal standards set by stakeholders for organizations to follow. They are not legislated. Rules between FNOs and stakeholders can be negotiated. Norms are the informal or unwritten standards that a stakeholder applies to an organization. Norms are the easiest responsibility to negotiate and are often established by FNOs themselves to meet a stakeholder need.

ruSSell A. evAnS was born in Haileybury, Ontario and is a member of Matachewan First Nation. The 13th of 14 children, he was the first in his family to complete a university degree. Of his post-graduate work, he has completed an MBA in Managerial Accounting at the Goodman School of Business at Brock University and an MSc in Behavioural Accounting at the Smith School of Business at Queen’s University. He has five years of experience as an Engineering Technologist in the oil & gas and steel industries and two years of experience auditing accounts for the Hampton Inn, Country Inn & Suites and the Ramada Inn in Niagara Falls. He is a former Board Treasurer for the Aboriginal Professional Association of Canada (APAC) and the Native Canadian Centre of Toronto (NCCT). Currently he lives in Kingston, Ontario where he teaches Introductory Managerial Accounting at the Smith School of Business and is in the final stages of completing his PhD in Behavioural Accounting. He plans to begin applying for faculty positions at Canadian universities in the fall of 2016.

THE JOuRNAL Of ABORIGINAL mANAGEmENT

42

MAd iS An iSSue wiThin fnoS becAuSe The

AccounTAbiliTy deMAndS Are boTh

nuMerouS And conflicTing.

5 reSponSiveneSS

A responsive conception of accountability considers those who receive programs and services, rather than those who provide the funding, to be the primary stakeholders. For FNOs, this means urban and reserve community members. The FNO is now responding to the demands and needs for accountability of the customer, using a customer-oriented approach. This is a positive way to approach the operation of non-profit FNOs, because they have more freedom to determine where their accountability priorities are placed. Reserve governments have many more restrictions for determining priorities; however, taking a customer-oriented approach with secondary stakeholders (i.e. community members) is still possible. A caveat here is that the resources assigned to these stakeholders need to be consistent, effective, and efficient. Furthermore, there must be good communication in order to have an effective, accountable relationship.

This brief article has attempted to outline a disorder that has been affecting the efficient operations of FNOs for decades. Multiple Accountability Disorder (MAD) has only recently been recognized as a real issue for organizations that have many distinct and contradictory stakeholder demands. An understanding of the dimensions outlined above will hopefully provide tools to navigate the complex nature of accountability. MAD is an issue within FNOs because the accountability demands are both numerous and conflicting. The goal of this article is to provide a means to better manage stakeholder relationships by addressing the symptoms of MAD.

HAS fIRST NATION ACCOuNTABILITy GONE m.A.D.?

44

firST nATionS And AboriginAl noT-for-profiT orgAnizATionS Are gAining Third-pArTy cerTificATion or AccrediTATion of Their SySTeMS And STrucTureS AgAinST recognized induSTry STAndArdS.

Third-party accreditation provides value in the following ways:

» It provides assurance to government and business partners that the organization has demonstrated, quality systems in place.

» It helps in the recruitment and retention of employees. Potential employees gain confidence in the organization’s systems and reassurance that they will be treated fairly and consistently.

» It facilitates access to financing. It helps to demonstrate to funders that the organization has the capacity in place to carry out proposed projects. Certification by the First Nations Financial Management Board (FNFMB) gives First Nations the ability to access financing through the First Nations Finance Authority.

First Nations are gaining certification of their financial performance and their financial systems from the FNFMB. In July 2015, the FNFMB issued its first Financial Management Systems certificate to the Membertou First Nation. Sixty-one First Nations across Canada have received Financial Performance certificates from the FNFMB. Approximately 110 First Nations are currently pursing certification of their financial management systems.

The Wabano Centre for Aboriginal Health, in Ottawa, received Building Healthier Organizations accreditation in 2012 from Canadian Organizational Health Inc., now known as the Canadian Centre for Accreditation (CCA). Anishnawbe Health Toronto has also received accreditation under CCA’s Community Based Primary Health Care standards. CCA provides accreditation for community-based health and social service organizations.

Kunuwanimano Child and Family Services, in Timmins, Ontario, received designation as a Children’s Aid Society (CAS) in May 2015. There are nine Aboriginal organizations that currently have CAS designation in Ontario. Prior to gaining designation, the organization must demonstrate an ability to fulfill its role as a legislated child welfare authority and to meet standards established under legislation and the Ministry of Child and Family Services.

Recently, I’ve found that many First Nations and not-for-profit corporations have been reviewing their policies and procedures. Some of the reasons for the policy reviews include the following:

» Written policies and procedures are outdated and don’t accurately reflect current operations.» The auditor’s management letter identified deficiencies in the organization’s internal controls.» The community is in remedial management, and the development of an effective financial system

will help to regain full responsibility of their finances.» Financial monitoring by a funder identified issues pertaining to compliance with the funding

agreement.

Organizations may not be in a position to pursue third-party accreditation. However, it would be helpful to review policies and procedures in relation to recognized standards. The FNFMB and CCA both provide access to their standards free of charge.

coMMiTTee of SponSoring orgAnizATionS of The TreAdwAy coMMiSSion (coSo)An option for First Nations and Aboriginal not-for-profit organizations to use when reviewing their policies is the COSO Internal Control–Integrated Framework that was updated in 2013. The internal control framework is internationally recognized and used by corporations to assess and improve their internal control systems.

Coso’s inTernal ConTrol frameWork

usinG a frameWork of sTandards To help aChieve objeCTivesHelen Bobiwash, CPA, CMA, CAFM

45

COSO is the Committee of Sponsoring Organizations of the Treadway Commission. It was established as a private sector initiative in 1985 by five US non-profit sponsoring organizations: American Accounting Association, American Institute of CPAs, Financial Executives International, Association of Accountants and Financial Professionals in Business, and the Institute of Internal Auditors. Its mission is to provide thoughtful leadership to improve organizational performance and governance through the development of comprehensive frameworks and guidance on internal control, enterprise risk management, and fraud deterrence.

COSO’s internal control framework was developed in the United States. It is used internationally by public companies which are subject to the Sarbanes-Oxley Act (SOX), Section 404. SOX applies to US publicly-traded companies. It requires them to select an internal control framework and to assess and report on the design and effectiveness of their internal controls. The COSO framework provides an option to meet the SOX internal control reporting obligations.

The framework is used in Canada by publicly-traded companies. This is because they are either subject to SOX or to Canadian Securities Administrators (CSA) regulations. The CSA regulations require non-venture issuers to use an internal control framework and to report on their internal control over financial reporting.

whAT iS inTernAl conTrol?The Integrated Control-Internal Framework defines internal control as “a process, effected by an entity’s board of directors, management, and other personnel, designed to provide reasonable assurance regarding the achievement of objectives relating to operations, reporting, and compliance” (Committee of Sponsoring Organizations of the Treadway Commission, 2013). Internal control integrates a variety of factors, including the following:

» Administrative, financial, and operational policies and procedures» All responsible personnel, including Council, board of directors, management, front line staff, and

administrative staff» Communications to employees, community members, and other stakeholders» Reporting and monitoring on the use of resources and the achievement of objectives» Compliance with legislation, regulations, and funding agreements

coSo frAMework on inTernAl conTrol

COSO’s internal control framework can be used as best practices for internal control. It is summed up in figure 1: COSO CuBE.

The top panel of the cube identifies three areas of objectives that an effective system of internal control can achieve: operations, reporting, and compliance. The front panel identifies five components of internal control that are used to achieve objectives: control environment, risk assessment, control activities, information and communication, and monitoring activities. The side panel identifies four structural areas within an organization for which controls are used: entity level, division, operating unit, and function. All three dimensions of the Cube are inter-related.

The framework outlines seventeen principles that support the achievement of objectives within the five internal control components. For each principle, points of focus are provided to help determine whether the principle is followed.

The framework provides steps to evaluate an organization’s internal control factors and considerations for the organization. Each of the steps are applied toward the three groups of objectives and at any level within the organization. figure 2: Steps in the Internal Control framework provides an example of how the framework steps down from the internal control component to the principle and point of focus.

helen bobiwASh is a Chartered Professional Accountant (Certified Management Accountant) and Certified Aboriginal Financial Manager. Helen provides independent services in the areas of accounting, strategic planning, and policy development. She has been working with First Nations and Aboriginal not-for-profit corporations for 25 years. Ms. Bobiwash is a member of the Thessalon First Nation on the North Shore of Lake Huron.

www.aicpa.org

figure 1: coSo cube

THE JOuRNAL Of ABORIGINAL mANAGEmENT

46

ApplicATion To A firST nATion or noT-for-profiT corporATion

First Nations and not-for-profit corporations are not currently required to report on their internal controls. Their auditor, however, evaluates the organization’s internal controls to determine the risk of a material misstatement in financial reporting. There is value in using the COSO framework to review and improve operations and to increase the ability to achieve objectives.

COSO’s focus on the achievement of objectives holds promise for First Nations and not-for-profit corporations. Every organization has key objectives that they want to achieve for their membership or clients, whether or not the objectives are formally written. The strategic planning process helps an organization to develop a vision and a mission, as well as key objectives to achieve the vision.

In my experience, I’ve observed that organizations focus on control over resources while foregoing a focus on the achievement of objectives. Control is necessary to ensure that the resources are available to invest in objectives. However, a different perspective is helpful: keep the objectives in focus, and use the resources to support them.

Examples of objectives that may apply to a First Nation include the following:

1 operATionS: Deliver services that will lead to the self-sufficiency of our community and people2 reporTing: Meet reporting deadlines to funders to ensure ongoing receipt of funds needed to

deliver services3 coMpliAnce: Comply with health and safety legislation to ensure the safety of employees

By focussing on the achievement of objectives, a First Nation can work toward positive results within the organization as a whole, within a department, or within an employee’s function. Once an organization has its vision and objectives identified and communicated, the objectives can be applied to departmental and employee objectives. They can develop their own objectives that will contribute toward the organization’s vision.

When all five components of internal control work effectively, there is some assurance that objectives will be achieved. Most organizations are effective at control activities that safeguard assets. For example, policies and procedures are used for the purchase of goods and services to ensure that purchases are valid and are eligible under funding agreements. Other internal control components may require improvement to ensure effectiveness of operations. For example, a Board of Directors may need to increase their understanding of their oversight responsibilities for the organization and the monitoring required of the Chief Executive Officer. This forms part of the control environment and monitoring activities.

I recommend that First Nations and Aboriginal not-for-profit organizations look into COSO’s internal control framework. If not the COSO framework, consider other standards that are used within the communities.

Apply some of the principles that are identified within the standards when reviewing your policies and procedures. Use them to improve the effectiveness of operations and the achievement of objectives. For example, if it is important for the organization to meet reporting deadlines, consider this objective when reviewing your policies and procedures. Ask, which policies and procedures impact your ability to meet reporting deadlines? How can you improve the policies to ensure that you meet reporting deadlines?

when All five coMponenTS of

inTernAl conTrol work effecTively,

There iS SoMe ASSurAnce ThAT

obJecTiveS will be Achieved.

uSING A fRAmEwORk Of STANDARDS TO HELP ACHIEVE OBJECTIVES

inTernAl conTrol coMponenT

» Risk Assessment

principle

» Principle 6: This organi-zation specifies objectives with sufficient clarity to en-able the identification and assessment of risks related to objectives.

poinT of focuS

» Reflects Management Choices: Operations’ objectives reflect man-agement’s choices about structure, industry consid-erations and performance of the entity.

»»figure 2: STepS in The inTernAl conTrol frAMework

47

The Best Source of Information and Training in Aboriginal Finance, Management and Leadership

Hold an AFOA Canada community workshop where our facilitators come to you! Travel can be costly when you are trying to access training for management, staff and elected leaders. We are pleased to offer workshops that are delivered right at your door, on key management and financial issues in your community or a location of your choice. Participants are also provided with publications, tools and guides. Some of these workshops may be of interest to you.

Capacity Development Workshops

F i n a n c e • M a n a g e m e n t • L e a d e r s h i p

48

Capacity Development Workshops: Leadership

THE POLiTiCs OF ETHiCAL DECisiOn-MAking FOr ELECTED AbOriginAL LEADErs

This workshop was designed specifically for elected Aboriginal political leaders and focuses on the vital role that ethics play in their daily lives and the importance of ethical leadership in an Aboriginal setting. The workshop covers the following topics: rights, responsibilities

and ethics; how they interact; how each influences the way Aboriginal elected leaders carry out their day-to-day jobs; common situations faced in elected positions where ethical issues

are at stake; critical questions leaders must ask when wanting to make an ethical decision; and the essentials for creating an ethical work environment. [ 2 DAys ]

DEMysTiFying FinAnCE FOr ELECTED AbOriginAL LEADErs i

Understanding financial information is one of the key challenges facing elected officials in Aboriginal communities. Elected officials are an important element of the financial

governance of any Nation because they provide necessary financial oversight. They must understand and interpret financial reports and information to make key decisions with

significant impact on their communities. The workshop focuses on 1) building financial literacy and 2) developing financial capacity. [ 1 DAy ]

DEMysTiFying FinAnCE FOr ELECTED AbOriginAL LEADErs ii

Working to enhance and strengthen the knowledge of elected Aboriginal leaders in performing their community financial responsibilities, this workshop builds on

Demystifying Finance for Elected Aboriginal Leaders I. This workshop takes an analytical approach to understanding how to analyze financial reports through the use of financial

ratios. The most frequently used financial ratios for Aboriginal organizations will be discussed and how they apply to community decision-making. These ratios include Industry

ratios, AANDC ratios and the First Nation Financial Management Board financial ratios. There will also be a discussion on financial trends, debt and revenue sources. [ 1 DAy ]

FirsT nATiOns COMMuniTy gOvErnAnCE iThis workshop on First Nations Community Governance is directed toward elected

Aboriginal leaders and Senior Administration staff working in First Nation communities. It has been designed to provide a general overview of Aboriginal governance concepts, as well as many practical examples and best practices to assist elected Aboriginal leaders and administration staff in better understanding the roles and responsibilities of the governing body, administration and community members. Topics covered include: role of Aboriginal

governing bodies; local Aboriginal governance structures and issues; principles of good governance; a First Nations perspective; the power of Chief and Council; tools for council

meeting management; and a refresher on policy. [ 1 DAy ]

New! First NatioNs GoverNaNce ii

Effective governance is essential to the success of First Nations communities. In

this workshop tools have been developed that elected leaders can use in performing their leadership functions. Topics covered

include: orientation and transition of newly elected leaders; elected leaders

mandate and administration priorities; knowing your community history and

context; organizational and community issues; moving towards prosperity;

governing beyond the Indian Act; and others. [ 1 day ]

New! eFFective Leadership

While effective leadership is the most critical factor in the success of an

organization, community or business, it is a concept that covers a diverse array of

meanings. Effective Leadership explores the concepts of leadership, management, and governance and the relationship and

interdependence that exists among them. Participants will build valuable new skills: learn about the core leadership skills that are the foundation of effective leadership

including strategy, action and results; and learn about adaptive leadership

skills which represent the qualities that great leaders have in common including

emotional intelligence, organizational justice, character and development.

You will learn about yourself and how to better lead others in providing service

and support to organizations, boards, and communities. [ 1 day ]

2300+

FOLLOWERS

Capacity Development Workshops

For more information, for costs, and to set a date for your

workshop, call AFOA Canada at 1-866-722-2362 or visit www.afoa.ca

“The Politics of Ethical Decision Making for Elected Aboriginal Leaders workshop is an absolute must, especially for elected council members who

have never served on council previously.”Diane McRae, CAFM, Manager, Administration & Finance, Gitksan Government Commission, BC

49

Capacity Development Workshops: Leadership

DEvELOPing businEss PLAns AnD FunDing PrOPOsALs There is an increasing need for First Nations to develop multiple sources of revenue and to move away from their dependence upon federal financial transfers. With this in mind, greater emphasis is being placed on the development of community owned business and development corporations. A Business Plan is a vital tool that can help assess whether the development of a new business or the purchase of an existing business is prudent. This workshop will help you better understand the business planning process and the key elements of an effective business plan. [ 1 DAy ]

PErFOrMAnCE MEAsurEMEnT AnD rEPOrTing in FirsT nATiOns The key focus of this workshop is on reporting on performance to community members. The workshop covers the following topics: core principles of performance reporting in First Nation environments; links principles to financial reporting; the Aboriginal Performance Wheel; the appropriate level and frequency of reporting; important aspects of performance; the kinds of information to be reported; and preparing reports on goals. [ 2 DAys ]

vALuEs AnD ETHiCs in THE AbOriginAL wOrkPLACE This workshop has been developed to provide participants with a broad understanding of creating and maintaining values and ethics within the Aboriginal workplace. This workshop covers the following areas: business ethics; how ethics relate to Aboriginal traditions; fundamentals of human resource management; how to develop a code of ethics for your organization; how the issue of ethics impacts governance and accountability; and all aspects of community and economic development activities. [ 2 DAys ]

An inTrODuCTiOn TO COMPrEHEnsivE COMMuniTy PLAnning in FirsT nATiOns Many communities throughout the country are undertaking Comprehensive Community Planning (CCP) in an effort to improve their economic base while asserting their independence and ownership of community resources. Using best practices and case studies this workshop focuses on: history and evolution of CCP; exploring Indigenous principles; and current models and insights from First Nations who have completed a CCP. [ 2 DAys ]

DEvELOPing An EFFECTivE MAnAgEMEnT ACTiOn PLAn FOr FirsT nATiOns In April 2011, Aboriginal Affairs and Northern Development Canada (AANDC) revised its Intervention Policy to create a new Default Prevention and Management Policy and developed new tools to support this Policy. The tools include the Management Action Plan (MAP), which replaces the Remedial Management Plan (RMP). A MAP is a comprehensive planning initiative which helps First Nation communities and Aboriginal organizations address underlying causes of defaults in funding agreements. This workshop covers the following topics: the new Policy for Default Prevention and Management, the Directive on Default Management, the MAP Process; the evolution from RMP to MAP; and a General Planning Guide based on a strategic planning process. Many workshop participants attend this workshop because they may be required to develop a Management Action Plan, because they are in a form of intervention, or to broaden their management skills and learn how to avoid intervention. [ 2 DAys ]

HuMAn rEsOurCEs MAnAgEMEnT EssEnTiALsMODuLE 1 – Professional Practice AFOA Canada has developed a series of four one-day modules focusing on Human Resources Management Essentials for those working in Aboriginal organizations. Module 1 provides an overview of the professional practice of Human Resources Management which contributes to the success of the organization. This workshop covers the following topics: working in Aboriginal environments; developing an environment that fosters effective working relationships; ethical practices; managing human resources contractors and specialists; managing client relationships; legal and legislative requirements relevant to human resources functions; and governance and compliance with legal requirements. [ 1 DAy ]

MODuLE 2 – Planning and staffing AFOA Canada is pleased to introduce the second module in a series of four one-day modules focusing on Human Resources Management Essentials for those working in Aboriginal organizations. Module 2 provides participants with information that will enable them to enhance the planning and staffing functions within their organizations. This one-day workshop covers the following topics: human resource planning; recruitment and selection; discipline policy and process; and termination processes. Join us in an interactive and engaging session that allows ample time for discussion and application of the concepts being presented. [ 1 DAy ]

MODuLE 3 – Performance Management and Employee Training and Development AFOA Canada is pleased to introduce the third module in a series of four one-day modules focusing on Human Resources Management Essentials for those working in Aboriginal organizations. Module 3 provides participants with information that will enable them to enhance the performance management and employee training and development functions within their organizations. This one-day workshop covers the following topics: performance management – aligning employee activities and achievement of results to organizational goals; ongoing communication, feedback, dialogue and coaching; organizational climate and culture; employee performance appraisals; compliance with legislated training obligations; training needs assessments and training priorities; and coordination of employee training. Join us in an interactive and engaging session that allows ample time for discussion and application of the concepts being presented. [ 1 DAy ]

MODuLE 4 – Employee Compensation and benefits AFOA Canada is pleased to introduce the fourth module in a series of four one-day modules focusing on Human Resources Management Essentials for those working in Aboriginal organizations. Module 4 provides participants with information that will enable them to enhance the employee compensation and benefits functions within their organizations. This one-day workshop covers the following topics: compensation design – salary and other pay, job design, reward and incentive programs; relevant legislation and regulations regarding compensation; benefits – employee assistance programs, health and wellness plans and initiatives, health care benefits; pensions and retirement savings; and payroll administration. [ 1 DAy ]

Capacity Development Workshops: Aboriginal Finance & Management

50

EFFECTivE PLAnning, CrEATiOn AnD iMPLEMEnTATiOn OF yOur TrusT

More and more Aboriginal communities are creating Trusts as a result of the increasing number of specific claim settlements, impact and

economic benefit agreements and other resource sharing opportunities. The resulting increase in wealth accumulation is placing tremendous

responsibility upon leadership, management, and staff to create effective Trust structures. This workshop is designed to raise awareness and

understanding among community officials about the following topics: how to plan a Trust; increased community readiness; understanding the

complexities in creating a Trust; ways to create the most appropriate Trust structure for your needs; key areas in implementing a Trust; and suitable

investment strategies that meet the needs of the Trust today and for future generations. [ 2 DAys ]

sTrATEgiC PLAnning in FirsT nATiOns Strategic Planning in First Nation communities is an essential component

of community development. A strategic plan is a road map to lead a community from where it is now to where it would like to be in five or ten

years. Learn how to engage the right people within the community and understand the resources required to make your strategic plan a reality.

Learn what the key components of a successful strategic plan are and how to measure progress on your community’s strategic plan. [ 1 DAy ]

An inTrODuCTiOn TO COMMuniTy ECOnOMiC DEvELOPMEnT

Increasingly, economic development is being recognized as a way for Aboriginal governments and communities to increase their wealth, citizen

employment, community pride, and to build the influence and financial resources needed for other important goals. Economic development can be approached in many different ways and it can all seem overwhelming.

This workshop provides an understanding of economic development; encourages discussion of best practices and lessons learned; and provides

the basic tools needed to begin your own successful strategic economic development planning process. [ 1 DAy ]

nEw! bAnking 101 – THE bAnking rELATiOnsHiP

This workshop is the first in a series of banking workshops. It will provide the participants with a better understanding of

financial institutions and what the bank needs to provide loans to Aboriginal governments. The participant will understand how

an Aboriginal government can set up credit facilities and the importance of debt covenants. The workshop will also discuss

the importance of the relationship between the bank and an Aboriginal government and how a bank advisor can contribute to

the goals of an Aboriginal government. [ 1 DAy ]

nEw! bAnking 201 – nEgOTiATing CrEDiT FACiLiTiEs wiTH A FinAnCiAL insTiTuTiOn

This workshop is one in a series of banking workshops. It will provide participants with a better understanding of the different types of credit facilities that can meet the needs of communities.

The participant will understand important considerations in negotiating credit facilities such as: how a lender protects itself;

pricing and fees of loans; and lender and borrower rights. There will be a discussion on the different types of security and collateral. This will lead into outlining strategies on how to manage financing

such as refinancing, debt consolidation and asset sales. [ 1 DAy ]

nEw! rETirEMEnT PLAnningRetirement Planning for Aboriginal peoples is a new financial literacy workshop developed to fill a knowledge and skill gap that currently exists with 63.4% Aboriginal peoples knowing

little to nothing about saving for retirement (Aboriginal Financial Literacy Needs Assessment and Framework, July 2015, AFOA

Canada). Topics covered in the workshop include: Retirement Overview; Developing a Sound Financial Plan; Sources of

Income; Tax Planning; Government Benefits; Insurance; Estate Planning; and Other Considerations and Options. [ 1 DAy ]

“The Effective Planning, Creation and Implementation of Your Trust pre-conference workshop was very

motivational and inspiring. It pro vided more tools to assist

with my job.”Teresa C. Migwans, CAFM, Trust Administrator, Atikameksheng Trust, ON

51

52

supporTinG your vision. invesTinG in your sTrenGThs.naTional aboriGinal CapiTal CorporaTions assoCiaTionFrancine Whiteduck, CEO, National Aboriginal Capital Corporations Association

leAderShip

NACCA is the association of 55 Aboriginal Financial Institutions (AFIs) across Canada, with a reach from coast to coast to coast. Together, these AFIs play an instrumental role in supporting Aboriginal communities as they work toward increased business investment and growth.

The 55 AFIs have lent $2 billion of developmental loans to businesses owned by First Nation, Métis, and Inuit people since the AFIs were formed in the late 1980s to early 1990s, when Aboriginal leaders led a dialogue with the Government of Canada to respond to business financing challenges facing Aboriginal people. The vision of our leaders called for new approaches that place cultural values at the centre of growth and development of communities and that recognize innovative business models which include land and environmental stewardship and social returns for our communities, as well as profit.

The Saskatchewan Indian Loan Company, now part of Saskatchewan Indian Equity Foundation, was the first AFI established. It provided loans totaling $173,500 to Aboriginal entrepreneurs in 1985–86. Employment and Social Development Canada was an early actor, providing $200M to capitalize 22 AFIs that in turn supported First Nation, Inuit, and Métis entrepreneurs.

Aboriginal controlled Community Futures Development Corporations, or Aboriginal controlled Business Development Corporations, joined NACCA in the late 1990s, creating a diverse membership which now includes Aboriginal Capital Corporations, Aboriginal Community Futures Development Corporations, organizations that are both capital corporations and community futures development corporations, and Aboriginal Developmental Lenders capitalized privately or by other governments.

The network of AFIs has grown into a significant developmental lending force in Canada with the mission to:

» link small and medium enterprises with access to capital from commercial and non-commercial sources

» strengthen the governance and lending capacity of AFI Boards and employees, to optimize the usage of capital for developmental lending

» subsidize AFIs, based on performance, to absorb the high cost of developmental loan administration and the cost of capital shortfall tied to developmental lending

AFIs educate both the Aboriginal and non-Aboriginal community about financing Aboriginal business development and remain the primary source of developmental financing across Canada for those Aboriginal businesses that cannot secure such financing from mainstream financial institutions.

AFIs are now recognized as the experts in risk-assessment across Aboriginal communities, focusing on capacity building of clients through all stages of business development.

governAnce Local control and governance is the cornerstone of the network.

Each AFI is unique with respect to its structure, funding sources, capacities, performance, client focus, services, and the territories it serves. AFIs are independent, accountable to their own community and operating at arms-length, giving them a unique ability to place more reliance on community-based credit worthiness assessment to supplement weaknesses in their clients’ financial situations. Through ownership of their AFIs, Aboriginal communities exercise control over the financial support and related services provided to their local entrepreneurs.

Part of NACCA’s work has been to strengthen its processes to enhance the governance of the association and to support the development of stronger, local governance systems in the network. Recently, the association moved to a competency-based selection process for its Board of Directors

53

and now ensures representation of two independent directors on its Board. One of NACCA’s products provides AFIs with training and capacity building for its board members and employees, to strengthen the network as it begins its next phase of growth.

innovATion And perforMAnce AFIs submit their annual results to NACCA, which has yielded rich data about the lending performance of the network, the AFIs’ contributions to the growth of Aboriginal businesses, and the innovative lending practices unique to each AFI.On average, over the last five years, AFIs provided over $100M in loans to entrepreneurs and businesses. These loans to start-up businesses created 1,200 new full-time-equivalent jobs.

AnnuAl loAn AcTiviTy

frAncine whiTeduck is Algonquin and a member of Kitigan Zibi First Nation in Quebec, and is the CEO of the National Aboriginal Capital Corporations Association (NACCA). In 1984, Francine founded Whiteduck Resources Inc. and built the firm’s national and international reach through a network of partnerships and joint initiatives with associates, experts and business firms. She worked with boards, committees, and ad hoc groups in disciplines that relate to business, economic, education, and social development, with a particular interest in women’s development. In 2009, she received the World of Difference Award from The International Alliance of Women in recognition of her contributions made to the economic advancement of women. She was appointment by the International Trade Minister to the Team Canada Advisory Board to provide SME advice and currently serves as a director for Prosper Canada, a non-profit that focuses on developing financial literacy.

54

The fuTureThe Aboriginal economy is changing dramatically, with larger projects and resource and business deals becoming more common. Land claim settlements have also augmented the financial expertise and experience of community leaders, and have led to enhanced opportunities both on reserve and in major centres. Court decisions over resource and revenue sharing continue to benefit Aboriginal communities across Canada and, as opportunities emerge, Aboriginal businesses are growing much more quickly than in mainstream Canada.AFIs report greater client sophistication. For example, in addition to traditional term financing, there is increasing demand for seed capital and youth entrepreneur loans, larger term loans, operating loans, loan insurance, surety services, quasi-equity/subordinated debt, and equity financing. Consequently there is an increasing demand for access to capital and innovative financing to enable the start-up and growth of businesses. Most Aboriginal businesses are small and medium-sized enterprises and are often the primary engines of economic growth for an Aboriginal community. These businesses represent a significant opportunity to address many of the existing socio-economic challenges by reducing unemployment and creating wealth.A new government and a changing business environment, greater understanding of the experiences of Aboriginal people (resulting from education processes such as the Truth and Reconciliation Commission), and promising action on Nation-to-Nation discussions are hopeful developments.The Aboriginal community and its allied organizations must now step up to realize our great potential. For AFIs, this means unprecedented activity that will inspire the new generation of First Nation, Inuit, and Métis people in building a thriving economic sector across all our communities.

MoST AboriginAl buSineSSeS Are

SMAll And MediuM-Sized enTerpriSeS

And Are ofTen The priMAry engineS of econoMic growTh for An AboriginAl coMMuniTy. TheSe

buSineSSeS repreSenT A SignificAnT

opporTuniTy To AddreSS MAny

of The exiSTing Socio-econoMic

chAllengeS by reducing

uneMployMenT And creATing weAlTh.

SuPPORTING yOuR VISION. INVESTING IN yOuR STRENGTHS. NACCA

certified aboriginal financial manager

AFOA Canada

CAFMOnline Program

CAFM 3 AboriginAl lAw & legislAtive AwArenessThe Aboriginal finance manager is expected to have a good understanding of legal matters which reduces potential liability for their organization. Currently, Aboriginal organizations are assuming more self-government responsibilities and pursuing new opportunities.

CAFM 4 strAtegy And deCisionsThis course focuses on your role as an Aboriginal financial manager and your ability to make sound and informed decisions as your Aboriginal organization seeks to attain high performance.

CAFM 5 vAlues And ethiCs in the AboriginAl workplACeAll professionals need to understand how values & ethics impact decision making, governance and accountability. This course approaches these issues from the context of an Aboriginal workplace.

CAFM 6 AboriginAl history And developMentsLearning about Aboriginal history, current issues and where we are headed as Aboriginal people is critical knowledge for all professionals working within an Aboriginal environment.

CAFM 14 AboriginAl huMAn And FisCAl issuesAboriginal finance managers are often asked to wear more than one hat and often tackle human resources and financial issues in their organizations. The knowledge and skills gained will enable the financial officer to hire, train, and retain desired human resources.

For more information call AFOA Canada today at 1-866-722-2362 or visit www.afoa.ca

AboriginAl finAnciAl operATionS Are becoMing increASingly diverSified And More coMplex. AboriginAl finAnciAl MAnAgerS Are required To Move beyond JuST finAnciAl MAnAgeMenT And Acquire effecTive MAnAgeMenT Skill SeTS.

The cAfM progrAM iS deSigned To provide you wiTh A Skill SeT To be A well-rounded finAnciAl profeSSionAl To MeeT The chAnging buSineSS environMenT And To bring Added vAlue To The finAnciAl operATionS of your orgAnizATion.

TheSe online courSeS Are requireMenTS of The cAfM deSignATion And leAd To MAny More opporTuniTieS.

2300+

FOLLOWERS

55

56

firsT naTions markeT housinG fundDeborah Taylor, Executive Director, First Nations Market Housing Fund

The vAlue of STrong leAderShip And good governAnce in A coMMuniTy cAnnoT be overSTATed. They go hAnd-in-hAnd And Are viTAl To SucceSS. A vibrAnT, heAlThy coMMuniTy coMeS froM The conTribuTionS of boTh leAderShip And ciTizenS AT-lArge, SupporTed by The inSTiTuTionS of Their MAking.

The First Nations Market Housing Fund (“the Fund”) is a not-for-profit trust created in 2008 by the Government of Canada. Governed by a Board of Trustees, led by John Beaucage as Chair, the Fund has a mandate to increase access to private financing for homes on reserve, settlement lands, and lands set aside for First Nations. Integral to this mandate is the provision of capacity building supports for First Nation communities, focussed on creating an environment where a market-based housing program can be developed, implemented, and sustained.

From the start, it was clear that to motivate people to invest in their community they need to know they have a strong and stable government, access to key services (such as health, education, and recreation) and thriving businesses. And they need jobs. The Fund works with First Nations to see how we can support their goals.

The commitment of leadership is vital to the success of a market-based housing program. The whole process of engagement begins with leadership passing a resolution to choose to work with the Fund. While staff support the process, providing advice and guidance and carrying out leadership’s direction, it is leadership who decides what types of home loans are welcome in the community and what the associated terms, conditions, and policies will be. Ultimately leadership has to be willing to guarantee loans for eligible citizens and entities who they allow on their land.

Completing a self-assessment which asks questions about the First Nation’s strengths and areas for enhancement is a critical part of the process. It is the Fund’s view that it is really important for the First Nation to be self-aware – to know where things are going well and where they could be improved through capacity building.

We have been fortunate that more than 200 First Nations have chosen to work with the Fund. In identifying their capacity building needs – which are validated through an assessment process – the range of topics leadership has chosen to embrace has been quite diverse. Some have focussed on increasing their financial knowledge and proficiency in order to make better-informed decisions. Many have decided to examine their role as employer and their responsibility to provide a safe environment for staff, by addressing topics like workplace health and safety standards and lateral violence.

A number of leaders have seen the value of passing laws or by-laws, with many First Nations taking on law and by-law development aimed at the safety and security of their citizens. The law making process can be long. It takes perseverance and patience as well as a knack for getting the voices and the votes out. Some leaders have turned to building up governance capacity and community engagement, using tips and techniques, as well as knowledge of the past, to motivate people to get involved and be heard. We have witnessed communities holding additional meetings, in which turnout was insufficient to be deemed representative. Recognizing that citizen engagement is key to success, they went back to citizens, inviting people out again. Or they visited them in their homes to have “kitchen table” conversations.

Taking responsibility and leading by example has been demonstrated time and time again. For example, one community implementing a payment policy for housing chose to begin with the clan leaders, followed by leadership, staff, and membership – one group at a time, month by month. Other topics of increasing interest and participation by leadership supported by the Fund have included:

» Trust management – leadership educating themselves about the complicated subject of trusts and taking measures to ensure qualified Trustees are identified from the community to safeguard the trust funds for future generations, as the community has decreed

» Rules of engagement for council on governance matters – developing a guide to help them, and those who come after, understand their role

» Risk assessments – taking a rigorous look at risks across the government and how to mitigate them

deborAh TAylor is the Executive Director of the First Nations Market Housing Fund, a position she has held since the Fund was opened in 2008. Prior to taking on this role she has more than 25 years of work experience at CMHC where she held positions of increasing responsibility. During her career she worked extensively with First Nations people on the design, development and management of housing programs.

57

These are areas that contribute to a successful, vibrant community, and not necessarily areas where leadership can be assumed proficient.

There is little doubt that capacity development supports offered by the Fund serve our First Nation clients, by strengthening their communities and enabling self-sufficiency with customized programs. We have described some of the areas leadership has delved into, but clearly there are other ways the Fund supports communities, including financial assistance for staff in First Nation governments to obtain accounting designations, certifications in technical areas – such as water and wastewater, gas and oil installation, and housing, lands, and property management.

Workshops for citizens are also provided on topics such as the opportunities and responsibilities that come with owning or renting a home, personal budgeting and financial management, and credit.

The Fund makes every effort to ensure that our First Nation clients have the capacity necessary to successfully introduce, or expand and sustain, market housing in their communities. We are continually impressed and encouraged by the participation of leadership in these undertakings. As evidenced by some members of leadership we have had the pleasure of working with, they have valued the contributions of the Fund.

The Fund has not only assisted our community in providing affordable housing to our members, but has gone beyond by working with our people and our employees to document construction standards, create a community plan, assist in a much needed overhaul of our housing policy, and provide housing workshops for employees and community members. – Chief Terrance Paul, Membertou

For more information about the First Nations Market Housing Fund, visit our website at www.fnmhf.ca, email us at info@fnmhf.ca, or phone us toll free at 1-866-582-2808.

The First Nations Market Housing Fund is the first national fund created to help support arrangements between First Nations and financial institutions so that people living on reserve can have the same financing opportunities and responsibilities for housing as those living off reserve.

“ Cree Nation of Chisasibi is proud to partner with the First Nations Market Housing Fund. A partnership that will foster and promote private homeownership, we believe is the way to go to alleviate the housing conditions we face as First Nations all over the country.”  Chief Davey BoBBish (December 2014)

Contact us today to find out how the Fund can partner with your community to:•developorexpandmarket-basedhousingoptionsonreserve,settlementlandsorlandssetaside•attractprivatefinancingforeasieraccesstohomeownership,rentalorrenovationloansandsupporteconomicdevelopment•accesscapacitydevelopmentfundingforavarietyofservicesfocusedoncreatingandsustainingmarket-basedhousingin-

cludingfinance,housing,landmanagement,economicdevelopmentandtechnicalservices

For more inFormation contact us at 1420 Blair Place, suite 510, ottawa, ontario K1J 9l8 inFo@FnmhF.ca www.FnmhF.ca

58

esTaTe planninG for firsT naTions people in CanadaDomenic Natale, Vice President, Aboriginal Services, TD Wealth Private Trust

As a proud supporter of AFOA Canada, its members and Aboriginal communities across the country, TD Bank Group is pleased to deliver this third article in a series of three articles that focus on planning for Aboriginal people both on and off reserve. This article will discuss estate planning considerations for First Nations people.

Studies have shown that more than half of adult Canadians do not have a valid Will in place1. Some assume that upon death everything will go to their spouse and/or children. Whatever the case, having a Will and establishing a plan for how you distribute your assets, what sort of legacy you would like to leave, and planning how your dependents will be looked after is one of the most important things you can do for those that you care about. Even if you feel that you don’t have much money or property, it’s still a good idea to have a Will so you can name an executor and make it clear who you want making decisions after you die.

In Canada, will-making is administered federally for First Nations individuals who live on reserves by the Indian Act. If the individual lives off-reserve, then the laws of the province in which that individual lives will be applicable. This article provides a general overview of the estate planning rules that may apply to First Nations people who live both on and off reserve in Canada.

whAT iS A will And how do i MAke one? A Will is a document that leaves instructions about what you want done with your property (estate) after you die. There are two main purposes for making a Will:

1 To document your intentions as to the choice of beneficiaries or recipients of your assets2 To appoint the executor.

Making a Will ensures that your wishes are carried out and your loved ones are considered. If you have dependants, personal belongings, real property, securities or cash assets, you should have a Will.

The requirements for making a valid Will depend on whether or not you are “ordinarily resident”2 on a reserve.

requireMenTS for MAking A vAlid will for firST nATionS people living on reServe

In general, if a First Nations person is ordinarily resident on a reserve or on Crown land, his or her Will is governed by the Indian Act.

Under the Indian Act, the usual formalities required for valid Wills, such as two witnesses present to sign after the will-maker (“testator”), in the testator’s presence, do not need to be followed. However, the formalities should still be met whenever possible.

For First Nations people that live on-reserve, a valid Will must:» be in writing (you can write your own or use Will forms available from various sources)» be signed by you» state your wishes with respect to disposing of your assets» state that it takes effect after your death

Your Will should generally provide instructions for the distribution of all your land and other property (i.e., money, securities, jewelry, etc.). Although it is not required, it is preferable to date your Will and to have someone witness the signing of your Will. Your witness(es) should be an adult(s) who is not mentioned in the Will. The spouse of someone mentioned in your Will should also not be a witness.

Under the Indian Act, the Minister of Indigenous and Northern Affairs Canada (INAC) has the authority to declare a Will void in whole or in part in some circumstances, such as when the Minister is satisfied that the Will was executed under duress, or the Will would cause hardship on persons for whom the testator had a responsibility to provide.

59

requireMenTS for MAking A vAlid will for firST nATionS people living off reServe

If a First Nations person is not “ordinarily resident” on a reserve or on Crown land, the laws of the province in which he or she lives at the time of death will generally apply. In most provinces, a Will must be in writing and be signed by the testator at the end of the document. In general, two witnesses, both of whom must be at least 18 years of age, must witness the testator’s signature and must be competent at the time of witnessing. In addition, a witness cannot generally be a beneficiary under the Will or the spouse of a beneficiary. The cost of making a Will depends on where you live in Canada, but can be as much as $500 or more.

benefiTS of MAking A will

whAT hAppenS if i die wiThouT A will (inTeSTATe)?Although everyone has good intentions, many people die “intestate,” meaning, without having made a valid Will.

firST nATionS people living on reServe

If you die intestate, the Indian Act applies and sets out how your assets will be distributed rather than you or your family deciding. The people entitled to receive on an intestacy are described in section 48 of the Indian Act.

In general, if the net value of the estate is» less than $75,000, the surviving spouse or common law partner gets the entire estate» more than $75,000, the surviving spouse or common law partner gets the first $75,000

» if there is one child3, the surviving spouse or common law partner receives half the remainder, with the remaining portion going to that child

» if there is more than one child, the surviving spouse or common law partner receives one-third of the remainder, with the remaining portion being divided equally among the children

» if a child has predeceased the deceased and has children or grandchildren (“issue”), the issue will receive the child’s share

The rules above may be altered at the Minister of INAC’s discretion.

If the deceased had no spouse, children, or grandchildren at the time of death, the next heirs in line are: parents, sisters and brothers (or their issue in their place), and next of kin of equal blood relation.

Finally, with respect to reserve land, if there is no surviving relative that is closer than a brother or sister, then reserve land appears to vest in Her Majesty for the benefit of the band.

firST nATionS people living off reServe

If you die intestate and are not ordinarily resident on a reserve, your estate will be distributed according to the intestacy laws in your province/territory. All provinces/territories have specific rules on how an estate is to be divided among the living heirs of the deceased. Under the laws in most provinces and territories, your nearest relatives are the people who will share in your estate if you die without making a Will. The end result may be quite different from what you would have wanted, particularly where there is a spouse and children involved.

doMenic nATAle joined TD Bank in 2003 and has more than 37 years of experience in the Trust Industry and more than 13 years of experience with Aboriginal Trusts. As Vice-President, Aboriginal Services, TD Wealth, Domenic works with Aboriginal Communities and their Advisors on a National basis to provide advice and support on their Trust needs and more generally on their Financial Services needs’.

A will MAy…

Lessen the involvement of departmental officials in your private affairs

Avoid delays in settling the estate

Make the settlement of your estate a more personal matter

Help to avoid family conflicts by expressing your clear intentions

Protect any customs/traditions that should be passed to your loved ones

»»»»»

1 For example, see the following study performed by the Lawyers’ Professional Indemnity Company (LawPRO) https://www.lawpro.ca/news/pdf/Wills-POAsurvey.pdf2 Whether a person is “ordinarily resident” on reserve is a question of fact that is determined on a case by case basis. All of the material circumstances will be examined, including the customary mode of life of the deceased and the presence and intention of the deceased to remain in residence on reserve.3 The definition of “child” includes children born out of wedlock.

60

ESTATE PLANNING fOR fIRST NATIONS PEOPLE IN CANADA

The absence of a Will can also delay the administration of your estate, resulting in inconvenience or financial difficulty for your beneficiaries. In addition, your estate may incur unnecessary administration costs and could be subject to tax liabilities, which could otherwise have been mitigated in a properly prepared Will.Depending on how complicated your estate is, your relatives may need to hire a lawyer and go to court to deal with your estate. Sometimes, a government agency will get involved to make sure that your estate is dealt with properly.

depending on how coMplicATed your

eSTATe iS, your relATiveS MAy need

To hire A lAwyer And go To courT

To deAl wiTh your eSTATe. SoMeTiMeS, A governMenT Agency

will geT involved To MAke Sure ThAT

your eSTATe iS deAlT wiTh properly.

forMAliTieS

inTeSTAcy proviSionS

reServe lAnd

will governed by indiAn AcT(First Nations Living On Reserve/ Crown Land)

» The formal requirements for Will-making are less strict under the Indian Act than they are under provincial legislation regarding Wills.

» To be valid, a Will must (i) be in writing, (ii) be signed by you, (iii) state your wishes with respect to disposing of your assets, and (iv) state that it takes effect after your death.

» The Minister of INAC has to approve the Will in order to give it force and effect.

» Section 48 of the Indian Act sets out the intestacy provisions in detail.

» In general, if the net value of the estate is less than $75,000, the surviving spouse or common law partner gets the entire estate.

» If the net value of the estate is more than $75,000, the surviving spouse or common law partner gets the first $75,000, the deceased child(ren) or their issue may be entitled to a portion of the amount over $75,000.

» If there is no Will or no one is named in the Will and no one applies to administer the estate, INAC may assist by appointing a departmental administrator for the estate.

» Under the Indian Act, people who are “not entitled to reside on a reserve” may not acquire title to land on a reserve under a Will or on an intestacy.

» An individual must be a member of the band with which the reserve land is associated in order to be eligible to inherit the right to possession.

» If heir is not entitled to reside on a reserve, his/her share must be sold and the sale proceeds paid to him/her, unless he/she chooses to relinquish their interest in favour of remaining heirs or release or assign share to member of band.

will governed by prov. legiSlATion(First Nations Living Off Reserve/ Crown Land)

» Formalities vary according to provincial legislation.

» Typical formalities for Will-making generally include the requirement that the Will-maker be a specific age (i.e., the age of majority), that the Will-maker signs the Will, and that two witnesses are present and sign the Will after the Will-maker in the Will-maker’s presence.

» Under the law in most provinces and territories, your nearest relatives are the people who will share in your estate if you die without making a Will.

» Depending how complicated your estate is, your relatives may need to hire a lawyer and go to court to deal with your estate. Sometimes, a government agency will get involved to make sure that your estate is dealt with properly.

N/A

SuMMAry: SignificAnT differenceS beTween willS governed by indiAn AcT And willS governed by provinciAl legiSlATion

61

SpeciAl conSiderATionS for reServe lAnd

Due to the special nature of reserve land, there are limits on the distribution of interests in reserve land to your beneficiaries or heirs. To inherit an interest in land on reserve, your heir must be entitled (have the right) to live on the reserve where your land is located at the date of death. Your heir is generally entitled to live on reserve if he or she is a band member.

This means that in general, to inherit an interest in land on reserve, your heir must be a member of the same band with which the particular reserve land is associated at the time of your death.

If, at the date of distribution of the estate, your heir is not entitled to inherit the reserve land, then his or her share must be sold and the sale proceeds paid to him or her in accordance with the Indian Act. The sale of the reserve land must also be approved by the Minister of INAC. If your heir chooses to either give up that interest in favour of the remaining heirs or release and assign the share to a member of the band, then a sale is unnecessary.

how do i geT STArTed?Whether you live on or off reserve, the following are some practical steps that you can take to begin the process of addressing your estate planning needs.

collecT iTeMS ThAT you MAy need To prepAre A will

Some of the items that may assist you in preparing a Will are:» A list of the full names and addresses of your beneficiaries» A list of all your assets, real or personal property (these assets may include a commercial licence,

crops, animals)» A list of all your debts and the location of your bank accounts and other assets» Directions on the distribution of your assets and a list of special items you wish to give to specific

people» The name of someone that you want to be your executor

prepAre An invenTory of SignificAnT docuMenTS And idenTify where They Are locATed

Your inventory may include:» Birth certificates» Marriage certificates and marriage contracts» Real estate deeds» Insurance policies» Location of safety deposit boxes» Existing Wills and Powers of Attorney

drAfT A will

A Will is essential to any well-developed estate plan. Consequently, if you do not have a Will then you should consider having one drafted and executed. If you have a Will, ensure that it is reviewed periodically to determine if it still reflects your personal and financial objectives.

AppoinT A power of ATTorney (poA)A complete estate plan includes planning for possible illness, accident, or other disability that may leave you unable to manage your financial affairs or your personal medical care. A POA for property is a legal document that empowers another person to manage your financial affairs during your lifetime. In some provinces and territories, it is now also possible to name a POA for personal care, which allows you to name someone to make decisions on your behalf concerning nutrition, shelter, clothing, and consent for medical treatment or withholding treatment should you become incapable of doing so. In all cases, POA arrangements terminate upon your death, at which time your Will takes effect.

A will iS eSSenTiAl To Any well-developed eSTATe plAn. conSequenTly, if you do noT hAve A will Then you Should conSider hAving one drAfTed And execuTed. if you hAve A will, enSure ThAT iT iS reviewed periodicAlly To deTerMine if iT STill reflecTS your perSonAl And finAnciAl obJecTiveS.

62

ESTATE PLANNING fOR fIRST NATIONS PEOPLE IN CANADA

AppoinT An execuTor

An executor is one or more individuals, or an estate professional (i.e. trust company), appointed in your Will to administer your estate after your death. An executor is also responsible for carrying out other important duties, such as making funeral arrangements, applying to the court for probate, preparing final tax return(s), paying any outstanding taxes, and obtaining tax clearances from the Canada Revenue Agency. You should select an executor with the right qualifications to carry out your wishes under your Will.

regulArly review your will

It is important that you review your estate plan on a regular basis and make sure it addresses your needs and wishes. You may wish to consider changing your Will if, for example, there is a birth of a child, divorce, change of residence, death of someone mentioned in your Will, or if you have acquired new valuable property. If you are governed by the Indian Act and are making the changes without the assistance of a lawyer, you should always initial the changes or additions and have them witnessed.

STore iMporTAnT docuMenTS in A Secure locATion

If you choose to keep your original Will, put it in a safe place such as your safety deposit box, a fireproof box, a home safe or a safe at the band council office. You should tell a family member, your executor, or someone you trust where your Will is kept so that your final wishes can be carried out.

Taking these steps and knowing that your affairs are in order can help ensure peace of mind to all concerned.

if you chooSe To keep your originAl

will, puT iT in A SAfe plAce Such AS

your SAfeTy depoSiT box, A fireproof

box, A hoMe SAfe or A SAfe AT The bAnd

council office. you Should Tell

A fAMily MeMber, your execuTor or

SoMeone you TruST where your will iS

kepT So ThAT your finAl wiSheS cAn be

cArried ouT.

AFOA CAnAdA dOllArs & sense PrOgrAmContact us today and learn about our youth-targeted financial literacy suite of workshops!

AFOA Canada has developed three financial literacy Dollars & Sense modules for Aboriginal students:

1 The Secondary School Module for students in grades 11 and 12;2 The Middle School Module for students in grades 7 and 8; and3 The Elementary School Module for students in grades 3 and 4.

The goals of the Dollars & Sense Program are to:

1 enhance students’ understanding of handling finances and using money wisely;

2 provide the knowledge and skills to help students make informed financial decisions;

3 increase students understanding of saving and setting financial goals;

4 assist students in determining the real costs of products and services; and

5 build students awareness of career opportunities in finance.

There is a lot of interest in this program because it is much needed in our communities. Contact us today to take advantage of this opportunity to invest in helping our Aboriginal youth understand what financial literacy is and why it is so important.

Let’s work together to help build a community of professionals!

CONTACT: Patricia DebassigeToll-free: (866) 722-2362 Ext.105 Email: pdebassige@afoa.ca