jody wilson-raybould cc-soc presentation dec 2013
TRANSCRIPT
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Du 10 au 12 dcembre 2013 Gatineau Qubec)ecember 10 -12, 2013 Gatineau, Quebec
ASSEMBLE DES PREMIRES NATIONSAssemble extraordinaire des Chefs
ASSEMBLY OF FIRST NATIONS
BEYONDCOMPREHENSIVECLAIMS
~NATIONREBUILDING& DEVELOPINGANEW
FEDERALFRAMEWORKFORRECONCILIATION
BASEDONRECOGNITION~December 2013
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The Need for Reconciliation
Special Chiefs Assembly 2013 Assemble extraordinaire des Chefs 2013
Reconciliation between Aboriginal Peoples and the Crown is about
sovereignty and involves reconciling the reality of the prior
occupation of North America by distinctive aboriginal societies
with the assertion of Crown Sovereignty over Canadian territory.(Van der Peet)
The fundamental objective of the modern law of aboriginal and
treaty rights is the reconciliation of Aboriginal peoples and non-Aboriginal peoples and their respective claims, interests and
ambitions. (Mikisew)
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Getting Ready for Reconciliation
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What Canada needs to do
Special Chiefs Assembly 2013 Assemble extraordinaire des Chefs 2013
1. Adopt principles of recognition and reconciliation based on section 35, reflect the state of the
law, and where Canada acknowledges the historical rights of our peoples as the starting point for
reconciliation.
2. Draw a distinction between the core of Aboriginal rights and title that are implemented without
any negotiations and non-core that require negotiations with our respective Nations.
3. To operationalize the principles of recognition and reconciliation, adopt a broad, government-
wide (horizontal) reconciliation framework that would apply to all departments and officials and
guide Crown conduct in engagement with our Nations.
4. Support a range of reconciliation options and transition tools in furtherance of Nation rebuilding,
including the negotiation of modern treaties, cooperative agreements and other constructive
arrangements.
5. Review all federal laws and policies from the perspective of the principles of recognition and
reconciliation to address inconsistencies and deficiencies.
6. To ensure federal officials have the authority/mandates to engage and reconcile based on all the
options available.
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What our Nations need to do
Special Chiefs Assembly 2013 Assemble extraordinaire des Chefs 2013
1. Each Nation to develop its vision and strategy to support Nation rebuilding and
implementing Aboriginal title and rights, including treaty rights.
2. Determine structures and institutions of core governance (post-Indian Act). For
example, development of a constitution.
3. Determine land base, where appropriate, of the Nation and address any issues of
exclusivity and/or overlap/shared territories with neighbouring Nations.
4. Determine areas of jurisdiction that Nation seeks to exercise and the policies of the
Nation guiding the exercise of that jurisdiction (including any laws).
5. Consider where aggregation with broader tribe or group may be warranted for
particular jurisdiction and what machinery of government is required.6. Ensure process for community engagement to develop and then ratify (legitimize)
Nation rebuilding work.
7. Identify plans and priorities that require reconciliation negotiations with the Crown.
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Role of the AFN
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1. To assist our Nations in their Nation rebuilding work through, for example, the
sharing of information, providing tools, and by encouraging dialogue between
and among our Nations.
2. To create the space through advocacy and lobbying for our Nations (eitherindividually or in groups) to engage directly with the Crown in the advancement
of their own reconciliation objectives and priorities when they are ready, willing
and able.
3. With respect to Nations with unextinguished Aboriginal title, to shift current
federal policy falsely premised on our Nations making claims to a policyframework based on principles of recognition and reconciliation.
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Senior Oversight Committee on Comprehensive Claims
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January 24, 2012 Crown-First Nation Gathering Fall / Winter 2012/2013 Political Protest /Idle No More January 11, 2013 Meeting with Prime Minister agrees to establish
high level oversight. Senior Oversight Committee on Comprehensive
Claims (CCSOC) established soon thereafter
February / December 2013 CCSOC meets 8 times (Feb 11, March 14,May 1, July 3, Aug 16, Sept 13, Oct 25, and Dec 6)
October 16, 2013 Speech from the Throne Canada commits to
continue dialogue on comprehensive land claims November 7, 2013 Draft Principles Respecting the Recognition and
Reconciliation of Section 35 Rights released by CCSOC
December 1, 2013 Terms of reference for CCSOC expired.Recommendations being finalized.
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CCSOC Terms of Reference
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Objective:
Based upon the principles of recognition and reconciliation, to
examine Canadas various policies respecting comprehensiveclaims (CCP) to more efficiently and effectively reconcile the
section 35 rights and interests of Aboriginal peoples with the
rights and interests of all Canadians and propose options to
renew, update or reform the policy framework to moreeffectively address section 35 rights in Canada.
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DRAFTFEDERALPRINCIPLESRESPECTINGTHERECOGNITIONAND
RECONCILIATIONOFSECTION35 RIGHTS
NOTE: THESEARENOTPRINCIPLESTOBEADOPTEDBYTHEAFN, BUTRATHERAREPRINCIPLESTHATWEREDISCUSSEDATTHECCSOC ANDTHATCANADAWOULDADOPTTOGUIDEITSFUTUREENGAGEMENTWITHOUR
RESPECTIVENATIONS
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1. Canada recognizes that reconciliation is a fundamentalobjective of section 35 of the Constitution Act, 1982
2. Canada recognizes that Aboriginal peoples have existingsection 35 rights and it is on this basis that reconciliationprocesses occur. Section 35 rights include both Aboriginalrights, including Aboriginal title, and treaty rights
3. Canada recognizes that the reconciliation of section 35 rightsis not limited to comprehensive modern treaties, but mayinclude other forms of agreements and constructiveagreements, without the need for extinguishment
ASSEMBLY OF FIRST NATIONS ASSEMBLE DES PREMIRES NATIONS
DRAFTFEDERALPRINCIPLESRESPECTINGTHERECOGNITIONANDRECONCILIATIONOFSECTION35 RIGHTS
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Special Chiefs Assembly 201 3
Assemble extraordinaire des Chefs 2013
4. Canada recognizes that the honour of the Crown is a guidingprinciple for the conduct of the federal Crown in all federalprocesses for achieving reconciliation with respect to section35 rights
5. Canada recognizes that the honour of the Crown gives rise tothe duty to consult and, where appropriate, accommodatewhen the Crown contemplates conduct that may adversely
affect potential or established Aboriginal or treaty rights6. Canada recognizes the importance of implementing modern
treaties in a manner which upholds the honour of the Crown
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DRAFT
FEDERAL
PRINCIPLES
RESPECTING
THE
RECOGNITION
AND
RECONCILIATIONOFSECTION35 RIGHTS(CONTD)
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DRAFTFEDERALPRINCIPLESRESPECTINGTHERECOGNITIONANDRECONCILIATIONOFSECTION35 RIGHTS(CONTD)
Special Chiefs Assembly 2013 Assemble extraordinaire des Chefs 2013
7. Canada recognizes that reconciliation requiresjustification for any infringements of section 35 rights
8. Canada recognizes that reconciliation can lead toeconomic prosperity
9. Canada recognizes the importance of working jointlywith Aboriginal groups to identify timely and effectiveprocesses for the negotiation of modern treaty and
other constructive arrangements that address section35 rights
10. Canada recognizes that reconciliation is an ongoingprocess that occurs in the context of evolving Crown-Aboriginal relationship
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Towards a New Federal Framework forReconciliation
Note:This is not a Reconciliation Framework that would beadopted by the AFN but rather is a draft conceptual outline of
what a federal Reconciliation Framework might look like.
Canada has not yet agreed to develop such a frameworkbut
has agreed that the principles of recognition and reconciliation
would need to be operationalized.
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Possible outline for a new federal Reconciliation Framework: Purpose Context Application Vision/Goals Recognition Principles Applying the Principles
Interpret and change federal laws, regulations andpolicies
To change negotiation mandates To change litigation mandates To change departmental plans and priorities
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Paths to Reconciliation/Examples of Tools: Treaties, cooperative agreements and other constructive arrangements
Federal policies
Political accords
Legal enactments (proclamations, new legislation, and amendments to
existing legislation)
Types of Agreements
Federal Legislation
Transition from the Indian Act
Provincial Territorial Relations Administration / Dispute Resolution
Reconciliation Conferences
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1. Federal adoption of Principles respecting therecognition and reconciliation of section 35
rights2. Acceptance of specific recommendations
regarding (a) shared territories, (b) legalreconciliation techniques, & (c) governance
3. Working towards a commitment to a broader,government-wide, federal framework forreconciliation
Summary of CCSOC Recommendations
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Moving Forward
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Continue to support our Nations and theNation rebuilding agenda and the use ofmultiple strategies.
Holding additional regional strategy sessionsacross Canada AFN, other PTOs and ourNations
Political advocacy to maintain pressure forreforms to federal policy and legislation
Coordination with Treaty Implementation SOC
ASSEMBLY OF FIRST NATIONS ASSEMBLE DES PREMIRES NATIONS