24 YEARS OF DECOLONIZATION - First Nations Land ...
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CONTENTS 4. WELCOME 60. FACTS & FIGURES • A Message from our Chairman • Historical Time-line • First Nation Signatories 10. LANDS ADVISORY BOARD (LAB) • LAB Directors 64. 2019 LAB AWARDS • LAB Primary Responsibilities • LAB Activities 2019-20 66. FINANCIALS • LAB AGM 2019 Recap 66. CLOSING 18. RESOURCE CENTRE (RC) • A Message from our RC Chair 68. APPENDIX A: • 2019-20 Year in Review • 2019-20 Financial statements • A Message from the RC Executive Director 32. RC SERVICES OVERVIEW • Finance, IT, & Administration • Law-making, Enforcement, & Environment • Operations: Field Support Services, HR, & Communication • Planning and Readiness: TMPD, Land Use, & Knowledge HUB VIEWING THE 2019-20 LAB ANNUAL REPORT DIGITALLY? Some of the features of this report provide multimedia options. Look for these symbols and “CLICK” on them to learn more.
4 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 5 A MESSAGE FROM OUR CHAIRMAN 24 years of building self-government through the Framework Agreement on First Nation Land Management (FAFNLM) I am pleased to present the 2019-20 Lands Advisory Board (LAB) Annual Report for this, the 24th year of the FAFNLM. Together, our nations from coast to coast have re-established and built lands governance from the ground up according to their needs. I am pleased to have worked alongside so many First Nation communities over the years, bearing witness to what has been accomplished and the positive transformation that has taken place in so many First Nations. The 2019-20 fiscal year was hectic and challenging, one in which we had to face a global pandemic, COVID-19. First Nations implemented emergency measures to protect their members, with many instituting “lockdown” procedures ROBERT LOUIE, LAB CHAIRMAN thus closing traffic into their communities. (WESTBANK FIRST NATION) In addition, First Nations followed national guidelines with respect to social distancing and the prohibition of public gatherings. In the midst of these unprecedented measures, the community of Moose Deer Point managed Robert Louie has served as to successfully hold their land code vote and Chairman of the LAB since 1991. As become the 95th operational signatory to the Framework Agreement. Moose Deer Point, Chief of the Westbank First Nation descendants of the Pottawatomi, located in the for 24 years, he was instrumental Georgian Bay area in Ontario was likely the first community to face the toughest challenge in guiding his community to the any community has had to face with a land ratification of the Westbank First code vote to date. With the hard work we have become accustomed to seeing, Moose Deer Point Nation Land Code in 2003. built on the community work leading up to 2020 and used an electronic voting system to engage their members and pass their land code.
6 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 7 authority made possible by the FNLMA. To reputation for enabling positive change help fix this problem, this past year and can happen. The Framework Agreement Along with Moose Deer Point, 2019-20 impact of moving away from the Indian into 2020-21, the LAB has and will continue will continue to be a solid option for First saw 13 yes votes in total across Canada, Act cannot be understated. Indian Act to strongly advocate for the replacement of Nations who want to move forward and delivering a strong message that First control over lands means crippling land the FNLMA with much shorter and more away from the Indian Act. Building self- Nations are choosing the option of re- devaluation and loss of investment concise ratifying legislation. This will government is within all of our grasps. We establishing their own lands governance opportunities. It is not uncommon under ensure it is absolutely clear that the will move beyond where we are today as authority. Twelve (12) new First Nations Indian Act governance for reserve lands FNLMA only ratifies the FAFNLM. This will more First Nations get involved and stand became signatories to the Framework to be valued at 50% less than those also eliminate redundancy, confusion and together to advance their control over their Agreement in 2019-20, and there are comparable lands off-reserve. Unlike improve the speed at which First Nations respective lands. now 95 communities operating with their the Indian Act, operational First Nations can move through the developmental own land authority across Canada in 8 enjoy a regulation-backed lands registry process. Please enjoy this year’s edition of the LAB provinces. Thirty-five (35) communities system that is priority-based, paperless, Annual Report. For additional information are in various stages of community and instant. This means greater land The last 24 years have shed new light or copies of this document or our 2019- consultation, technical development or certainty, reduced or eliminated transaction on the governance and management 20 Financial Statement, please visit our preparing for their community land code costs and increased financing options priorities for a growing number of First website at www.landsadvisoryboard.ca. vote. Building upon this year’s success for infrastructure, housing, capital and Nations communities across Canada. we are in a good position to realize the economic development projects. It is clear The Framework Agreement has been a 100th First Nation to ratify the Framework that land codes change things dramatically revelation that self-government is more Sincerely Agreement in 2020-21. All signatories to for the better. than just negotiating an agreement, it is the FAFNLM have had diverse interests, about continual attention to supporting but all have had common goals; to re-take In 2019-20 the LAB was dedicated to First Nations and improving partnerships their land jurisdiction, enhance their future addressing growing misinformation and with Canada. Land based self-government governance, protect their lands and expand confusion about the “Ratifying” role of has been built brick by brick. Early their field of opportunities. the First Nation Lands Management Act communities have shown what is possible, (FNLMA). There have been misconceptions and others have expanded on these Robert Louie, L.L.B., Hon. DR.LLB, O.O.C., To date, approximately 12.5% of First that the FNLMA controls the expression pathfinding achievements. Reserve Hon. Fellow Okanagan College Nations territory has come out of the of the inherent right to self-government, lands will not continue to be devalued Chairman, Lands Advisory Board colonial Indian Act lands system. The or even that the FAFNLM is delegated when strong governance, planning and a
8 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 9 AUSTIN BEAR CHIEF JASON CAMPBELL Muskoday First Nation GERRY DUQUETTE JR. Seabird Island Band Muskoday, SK Dokis First Nation Agassiz, B.C. French River, ON Finance Committee Chair EUGENE LOUIE Tla’amin Nation Powell River, B.C. LAB Elder LAB CHIEF MAUREEN CHAPMAN CHIEF DARCY BEAR JAMES CADA Skawahlook First Nation Whitecap Dakota First Nation Mississauga First Nation DIRECTORS Agassiz, B.C. Whitecap, SK Blind River, ON The LAB is currently comprised of 15 Directors and the Chair, serving on staggered terms. The country is divided into three GRAND CHIEF JOE HALL support regions, with Directors Tzeachten First Nation CHIEF JEREMY NORMAN PHILIP GOULAIS elected by communities in each Chilliwack, B.C. Flying Dust First Nation Nipissing First Nation region. One Director’s position Finance Committee Member Meadow Lake, SK Garden Village, ON comes up for election from each of the three regions annually. The LAB Chair is elected for a five year term. The Directors are elected for three year terms. COUNCILLOR WILLIAM MCCUE Chippewas of Georgina Island COUNCILLOR CHIEF GORDON PLANES STEVEN ROY JOHNSTON First Nation T’Sou-ke First Nation Mistawasis First Nation Sutton West, ON B.C. Region Sooke, B.C. Leask, SK Finance Committee Member Prairie Region Eastern Region CHIEF LEAH GEORGE-WILSON CHIEF CHIEF KELLY LAROCCA Tsleil-Waututh First Nation CHRISTIAN SINCLAIR Mississaugas of Scugog Island North Vancouver, B.C. Opaskwayak Cree Nation First Nation Finance Committee Member Opaskwayak, MB Port Perry, ON
10 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 11 The original signatories of the Framework Agreement established the LAB to assist 12 NEW SIGNATORIES TO THE FRAMEWORK AGREEMENT them in re-asserting land governance over It is the mandate of the LAB and RC to their reserve lands and resources. Councils ensure that all First Nations have the of the signatory operational First Nations opportunity to exercise their inherent right determine the composition of the LAB. to govern their lands, as enshrined in the Framework Agreement. In 2019-20, the following First Nations LAB PRIMARY RESPONSIBILITIES became signatories to the Framework Agreement: The responsibilities of the LAB public gatherings directly • Lac des Mille Lacs First Nation, ON are prescribed by the Framework relevant to the promotion and Agreement and are ratified by First awareness of the Framework • Lac Seul First Nation, ON Nations through land code votes, Agreement; • Naotkamegwanning First Nation, ON and by Canada through the FNLMA. • Canupawakpa Dakota Nation, MB • When requested by a First • Gambler First Nation, MB The LAB is composed of Nation, attending community representatives regionally meetings and/or providing • Poplar River First Nation, MB nominated and elected from high level political and • Waywayseecappo First Nation, MB among the operational signatory strategic advice to Chiefs and • Woodland Cree First Nation, AB First Nations involved. The LAB Councils in the developmental mandate includes but is not limited phase and those operating • Kwikwetlem First Nation, B.C. to: under a ratified land code; • Shackan Indian Band, B.C. • Skwah First Nation, B.C. • Policy & planning at the • When requested, providing • Tseycum First Nation, B.C. political level; advice to First Nations seeking entry into the • Intergovernmental Framework Agreement; and relations/meetings with Canada, Parliament, • Political advocacy with provincial, regional and signatory First Nations municipal governments, related to the fulfillment financial institutions, etc., of Framework Agreement to implement the spirit, responsibilities such as the intent and meaning of the negotiation of operational Framework Agreement; funding and Framework “First Nations working together to resume jurisdiction Agreement and FNLMA • When requested, attendance amendments. over reserve lands, environment and natural resources.” at conferences and other LAB Mission Statement
12 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 13 LAB ACTIVITIES: 2019-20 THE 2019 LAB ANNUAL GENERAL MEETING Highlights of the many events and responsibilities attended to by the LAB in 2019-20 include: Regional LAB elections Monthly reviews, updates and decisions regarding the LAB and RC activities, workplan, finances and upcoming votes LAB AGM, hosted by the Chippewas of Rama First Nation This year’s LAB Annual General Meeting (AGM) was LAB Annual Audit held on September 17 and 18, 2019, and hosted by the Chippewas of Rama First Nation. Review and update of Risk Management The LAB AGM was live-streamed (in both English Strategy & Multi-Year Strategic Business Plan and French) to ensure that all those unable to 2018-23 travel in person could monitor the event. Meetings with Indigenous Services Canada In addition to the presentations, updates, and (ISC) regarding the facilitation of new question and answer periods, the LAB sought signatories to the Framework Agreement direction of the signatory leadership to move forward on various topics of importance that will Meetings with Ministers, officials and carry forth into the coming year. This included Members of Parliament to discuss resolutions on Amendment #7 of the Framework improvements to areas of the Framework Agreement and Replacement of the FNLMA. Agreement, as well as the replacement of the First Nations Land Management Act (FNLMA) The meeting was complimented by a tour of Chippewas of Rama Community Hall and an exhibit of the rich history and traditions of the community. Meetings and presentation to operational and Guests were then treated to a special feast and developmental signatories entertainment, and were invited to tour Rama lands. Presentations to interested communities Many progressive programs, successful economic Presentations at conferences and meetings ventures, and integral member services are with numerous organizations concerning hallmarks of Rama First Nation, as is the gracious the merits and challenges of the Framework and sharing nature of its people. Our great thanks Agreement to the community for the warm welcome all attendees received throughout our visit. Hosting of the 2019 First Nations National Land Governance and Economic Development Live-stream recordings of the Conference and Trade Show AGM can be found by visiting: www.vimeo.com/labrc
14 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 15 A MESSAGE FROM OUR RC CHAIR Looking back over the 20 years since Muskoday First Nation became operational under its land code, I am awestruck to see the incredible transformation for our people. We had experienced the loss of complete autonomy through the imposition of the Indian Act and later had limited land management delegated authorities through the government's 53/60 program. However, when we voted to approve our land code in 1998, becoming operational on January 1, 2000, we regained full jurisdiction over our lands, natural resources, and environment. Through our land code, we removed 25% of the Indian Act's control from our daily lives. I am thankful to the membership of Muskoday for allowing me to serve as Chief for the last 29 years. Having retired in 2019, I have been able to pause and reflect further on our journey. AUSTIN BEAR, RC CHAIR As a band member, father, grandfather, and former Chief, I am filled with great pride for the (MUSKODAY FIRST NATION) tremendous progress we have made for this generation and those to follow. Austin Bear has been a key proponent Since 2001, I have also had the privilege of of the Framework Agreement since its serving as Chair of the RC Board of Directors and Finance Committee. With my fellow Board creation. His community (Muskoday members, I have had the benefit of working First Nation, SK), was the first Prairie with communities across the country as they community to ratify their land code. come out from beneath the Indian Act's 44 land He served an unprecedented 29 years management limitations and advance land laws as Chief of his community prior to of their own making. announcing that he would retire in From January 1, 2000, to March 31, 2020, we 2019. First elected as RC chair in 2001, have seen the growth of operational signatory Austin continues to serve in this role.
16 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 17 “Supporting First Nations to exercise their Inherent Right to govern their Lands, Environment and Resources.” RC Mission Statement communities skyrocket from the initial The FNLMA was enacted by Canada only three (3) to 95 First Nations. The growth of to ratify the Framework Agreement. participating communities would not have Unfortunately, its wording has given many example. The remainder of the annual back over the last 20 years since those been possible without the tireless efforts the mistaken impression that it controls report will showcase the scope of work that first land codes took effect, I am inspired of the 14 original First Nation signatories the expression of the Inherent Right of our team has performed throughout the by the legacy of change that has followed. who had the vision, determination and First Nations. Many have incorrectly been year. Our field services staff supported an It remains a great honour to continue to persistence to establish the Framework led to believe Canada has "delegated" astounding 13 community votes this year. walk beside the now hundreds of First Agreement, the LAB and RC. its authority to First Nations through the The RC is spearheading many significant Nations who look to see their inherent FNLMA. This is not the case. and exciting projects. It continues to right take flight through the Framework The RC, incorporated in 2001, has evolve innovative tools and initiatives to Agreement. I can only imagine the great expanded significantly over the years to Among proposed changes that would benefit First Nations governing, or looking heights we will achieve in twenty more match increasing support requirements see the above issues rectified, is a more to govern, under their own land laws. years. for the ever-growing participation in efficient progression for First Nations the Framework Agreement. The RC's through the developmental process and Throughout the year, the RC has held Sincerely combined expertise in the field of First clearer communications to Interested several conferences, workshops, and Nation land governance is second to First Nations, government and 3rd parties one-on-one guidance sessions, sharing none. This past fiscal year saw our team and clearer land code implementation essential knowledge on the benefits, best of dedicated staff completing a variety of authority. The LAB and RC were given practices, and challenges faced by the challenging projects and activities to help a directive at the 2019 LAB AGM, from signatory and interested First Nations of propel signatory communities forward as its signatory leadership, to continue the Framework Agreement. It provides Austin Bear they seek to exercise their Inherent Right negotiating with the federal government to these services to help First Nations make Chair, First Nations Land Management to self-determination. bring about these necessary changes. the best decisions for their communities. Resource Inc. The Framework Agreement has always One of the most significant efforts of the Each year I am impressed by the been voluntary. It was created by a small last year has been to make headway on professionalism and dedication of our group of First Nations who looked to create the repeal and replacement of the FNLMA. staff, and this year is another stellar a better future for their people. As I look
18 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 19 2019 LAB AGM • Penelakut, B.C. THE YEAR IN REVIEW: • Moose Deer Point, ON 2 0 1 9 -2 0 This past year’s LAB Annual General Meeting (AGM) was held on September REPLACEMENT OF THE FIRST NATIONS 17 and 18, 2019 in Rama, Ontario. The LAND MANAGEMENT ACT (FNLMA) Chippewas of Rama First Nation graciously The 2019-20 fiscal year has seen the LAB hosted the meeting. Parliament enacted the FNLMA in 1999 and RC progress on many projects and as part of the federal ratification of the initiatives in support of the operational and The two-day session presented and Framework Agreement. Unfortunately, developmental First Nations signatories of discussed the RC’s many efforts and legislative drafters chose to restate much the Framework Agreement. The following expansions including the updated LAB of the text of the Framework Agreement includes some of these support activities. and RC Strategic Business Plan, new in the FNLMA, in some places inaccurately concentrations on climate change, and in other areas chose to omit important 2019 LAB ELECTIONS enhanced Training, Mentorship and parts of the original agreement. The Professional Development services, the federal Minister of Crown Indigenous The LAB Board of Directors is a First next wave of Framework Agreement Relations signalled her support in Nation controlled entity and is comprised Amendments, and various topics of February 2020 for our proposal to replace of 15 elected positions and a Chair. Five signatory First Nation importance. the FNLMA with the shortest possible (5) positions are located in each support Resolutions were passed by the federal law to ratify the Framework region: B.C., Prairies, and the East. membership to pursue additional Agreement. These changes will respect the Annually, on a rotational basis, regional amendments. fundamental primacy of the Framework seats on the board come up re-election. Agreement. Copies of all presentations, materials In 2019, three Board positions came up for and the recorded live-stream can be INTERGOVERNMENTAL RELATIONS re-election. Chief Gordon Planes (T’Sou-ke) reviewed at www.labrc.com. was re-elected to the Board representing Various calls and bi-weekly meetings the B.C. Region. Representing the Prairies NEW OPERATIONAL SIGNATORIES between the LAB, RC, and ISC continued Region, Chief Darcy Bear (Whitecap TO THE FRAMEWORK AGREEMENT in 2019-20 to enable all parties to Dakota) was re-elected by acclamation to provide updates on current activities his seat on the board. Equally, the Eastern In 2019-20, 13 First Nations voted to affecting Framework Agreement Region saw the re-election by acclamation approve their land codes. By order of signatories. These communications of LAB member Chief Kelly LaRocca vote, these newly operational First Nation also facilitate a proactive approach (Mississaugas of Scugog Island). signatories include: to resolving issues as they arise to • Algonquins of Pikwakanagan, ON minimize any potential negative impact The LAB gives thanks to the operational • Membertou, NS on First Nations who are developing or signatories for their participation in • Sheshegwaning, ON implementing their land codes. the LAB election process. By regionally • T’it’q’et, B.C. nominating and voting for their chosen • Beausoleil, ON Discussions included implementing the Directors, these signatories mold the • Brunswick House, ON renewed operational funding formula, LAB’s leadership, who, in turn, continue • Cowichan Tribes, B.C. improving developmental funding, to provide guidance and support to • Ditidaht, B.C. amendments to the Framework First Nations involved in the Framework • Homalco, B.C. Agreement and FNLMA, and new First Agreement. • Lac La Ronge, SK Nation Signatories. • Kitsumkalum, B.C.
20 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 21 LAB directors and RC Staff met with workshops to deliver bilingual training to crafted laws are a vital ingredient in the representatives from the office of Minister First Nation attendees on Land Regimes. strategy of pursuing greater respect for and Lametti, Minister of Justice and Attorney enforcement of First Nation laws. General of Canada, Environment Canada, FINANCE Natural Resources, ISC, the Conservative Many aspects of enforcement are an Party of Canada and Minister Bennett to The RC managed a budget of over $19 exercise of self-government by First discuss the improvement of various areas million this past fiscal year on behalf of the Nations, and work has continued on the of the Framework Agreement and FNLMA LAB, which facilitated the accomplishment training of appointed officers and training replacement. of the expectations of the fiscal year. for lands managers. Outreach to other governments to build enforcement systems The LAB, RC, and ISC identified 12 The LAB annual audit was completed in has also advanced. Most noteworthy over new entrants to become Framework June 2019 and is available for review at the past year was the signing of an MOU on Agreement signatories and begin www.labrc.com. enforcement involving the Whitecap Dakota developmental activities in 2019-20. and Muskoday First Nations as well as the The RC commenced negotiations for A further 12 First Nations have been Government of Saskatchewan. a renewed multi-year funding agreement, identified to commence developmental which is expected to be completed in Much still needs to be done to raise activities in 2020-21. early 2020-21. awareness amongst federal and provincial During the year, representatives of the officials of the Framework Agreement and EXPANSION OF RC SUPPORT SERVICES LAB and RC continued to promote the the sophisticated nature of laws made success of the Framework Agreement under the Framework Agreement. At the In 2019-20, the RC expanded by First Nations and their viability as close of the fiscal year, we rapidly moved three staff members. Joining our Field business partners to other First Nation to assist First Nations in responding to the Support Services Team in the Eastern organizations, the private sector, COVID-19 pandemic, particularly with the Region are Brenda Belmore (Kiashke GOC, and provincial and municipal enactment of COVID-19 laws. Zaaging Anishinaabek) and Heather governments. Sawdon (Atikameksheng Anishnawbek). ENVIRONMENT Ms. Leeanna Rhodes (Muscowpetung PARTNERSHIPS WITH OTHER Saulteaux) joined the new Land The RC worked with several developmental ORGANIZATIONS Governance Planning HUB as our GIS First Nations regarding environmental The LAB and representatives from the Specialist. The RC expects additional site assessments (ESA’s). Efforts involved RC worked collaboratively with numerous positions to be filled throughout the 2020 working collectively with ISC and First organizations throughout the year. In fiscal year as it adapts to ensure that Nations to comprehensively identify areas 2019, the LAB entered into a Cooperation signatory First Nations have the relevant of potential environmental concern on and Communication protocol agreement services, capacity, assistance, and expert reserve before First Nations move away with 10 First Nations organizations advice required to develop and implement from the old Indian Act lands system. and institutions in British Columbia various projects under their land codes. (B.C.) to coordinate efforts to support The RC also assisted several operational LAW MAKING AND ENFORCEMENT First Nations with Phase II ESA’s capacity development in governance and governance administration for B.C. First and efforts to tackle long-standing The RC continued to work with land code Nations. environmental concerns, community First Nations on the design and drafting engagement and drafting of environmental of their laws, covering a broad range of During the year, the LAB and RC laws, solid waste projects,through subjects such as matrimonial real property, partnered with the National Aboriginal environmental management plans. waste disposal, and trespassing. Well Lands Managers Association (NALMA) on The RC has worked with ISC partners
22 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 23 to secure funding to implement these ECONOMIC DEVELOPMENT CONFERENCE CONFERENCE & TRADE SHOW plans, which is vital to ensure continued 2019 FIRST NATIONS NATIONAL effectiveness. The LAB and RC hosted the First Nations LAND GOVERNANCE & National Land Governance and Economic ECONOMIC DEVELOPMENT TRAINING, MENTORSHIP AND Development Conference and Trade Show, CONFERENCE AND TRADE SHOW PROFESSIONAL DEVELOPMENT (TMPD) which took place from April 1-3, 2019, in Winnipeg, MB. The event focused on how From April 1-3, 2019, the LAB and RC During 2019-20, the RC’s TMPD team First Nations have cast away the Indian hosted the First Nations National Land organized seven (7) face-to-face Act’s restrictions and developed new Governance and Economic Development trends in Economic Development with the Conference and Trade Show. Held in workshops on Land Use Planning, Solid Winnipeg, MB, the event attracted a Waste Management, Land Registry, Framework Agreement. maximum capacity audience of over Climate Change, Financial Governance, 400 attendees from across Canada. GIS Mapping, and Law Enforcement. The sold-out event was attended by Other offerings included three (3) virtual full capacity participation of over 400 Interested in discovering more about webinars, and two (2) collaborated delegates and included keynote speakers success in land governance attainable workshops. Dr. Stephen Cornell and Dr. Bob Kayseas. under the Framework Agreement, attendees were introduced to more than In light of restrictions imposed by The conference was geared towards 30 distinguished presenters, discussing COVID-19 in the last quarter of 2019- discussions of economic experiences a range of conference topics including: 20, the RC revised its TMPD strategy to and opportunities offered by land code Economic Development and Preserving offer additional webinars and other virtual communities throughout the country. Traditions, Small Business Growth gatherings designed to meet ongoing In addition to the panel discussion and on Reserve, Tourism and Gaming learning objectives. presentations, an extensive trade show, Opportunities, Commercial Leasing on including a large variety of vendors and Reserve, Attracting Investors, Policies and Laws, and much more. The TMPD team has planned various jointly services, complemented the event. developed and presented learning sessions The two-day event, with the Tulo Centre of Indigenous Copies of conference materials, and which featured Economics (TULO) and NALMA that will recordings of the various presentations, ceremonies, keynote take place in 2020-21. can be found on the conference’s website addresses, and at www.labrcecdev.com. numerous presentations LAND USE PLANNING are available for review RESOLVING IDENTIFIED “LEGACY” by visiting the event Land Use Planning (LUP) efforts continue ISSUES website at: www. to increase, with more requests from labrcecdev.com. both operational and developmental This past fiscal year marked the first communities. RC LUP advisory services time that the RC has received funding to Video recordings of each continued throughout the year. They assist First Nations in resolving identified session can be found by outstanding legacy issues. clicking the links below ranged from fundamental LUP assistance or visiting : to more sophisticated support related www.vimeo.com/labrc to linkages between LUP, Economic The Legacy Project Funding proceeded with Development, service agreements, a call for proposals in July of 2019, with traditional knowledge, and Geographic projects approved in the following First Information Systems (GIS). Nations:
24 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 25 • Algonquins of • Mcleod Lake RC PRIMARY RESPONSIBILITIES discussed in consideration of COVID-19 Pikwakanagan restrictions. RC PRIMARY • Beecher Bay • Mississauga RESPONSIBILITIES: • Fort McKay • NCN The RC has continued its research into • Kahkewistehaw • Nipissing provincial systems of registration and The LAB established the RC to First Nation requirements with follow-up • Katzie • Shawanaga discharge the LAB’s technical meetings planned with B.C. Land Titles in responsibilities under the early 2020-21. Some delays were experienced due Framework Agreement including to the COVID-19 pandemic and other COMMUNICATIONS negotiating the terms of unanticipated issues, but work is continuing comprehensive funding with the RC, ISC, and Natural Resources Our Communications Team continues to arrangements with ISC/Crown- Canada assisting as required. refine a broad strategy for implementing Indigenous Relations and Northern the new corporate branding while Affairs (CIRNA). IMPROVEMENTS TO THE FIRST NATION remaining focused on working with LAND REGISTRY SYSTEM (FNLRS) field teams to improve vote-based The roles of the LAB and the RC are communications strategies and specific inextricably linked. The RC roles The RC staff have worked to assist products for developmental and include but are not limited to: operational First Nations, and collaborate operational communities. Three new with ISC, to continuously improve the editions of the RC’s The Lands Advisor • Policy, planning & First Nation Land Registry System. RC newsletter were produced this year, with administration at the technical staff provide ongoing assistance to First content related to regional and subject level; Nations in updating information in FNLRS matter interests. In 2020-21, a new, bi- as needed. • Intergovernmental relations annual format for The Lands Advisor will with federal, provincial, regional be released. An RC regional session was held in BC in and municipal government organizations to implement early 2020 to provide First Nation staff Throughout the year, in addition to regular the technical aspects of the with hands-on, in-depth training on the responsibilities, the RC Communications Framework Agreement; FNLRS as well as information on the team actively supported major projects Privacy Act in relation to forms and data as well as evolving a new wave of videos, • Operational field and subject collected. community and project-specific websites, matter support services such social media content, and digital and as transition planning, capacity Ongoing work continued with the Nipissing print media products for a variety of RC and training, law-making and First Nation and Opaskwayak Cree Nation initiatives. enforcement, surveys, land use (OCN) concerning the development of planning, and communications; an electronic Land Management System This fiscal year the RC retained the • Developmental field support for Operational First Nations. Both OCN services of a public relations firm to services related to land code and Nipissing First Nations approved the complement the RC’s misinformation development, land description, modifications to the Land Registry module, strategy, which is geared toward clarifying environmental site assessments which is the foundation of the entire confusion caused by inconsistencies and ratification vote support, platform. The updated module’s release between the Framework Agreement etc.; date is expected next year, with training and the FNLMA. In addition, Op-ed • Technical Advice and support to be provided to participating First development, and additional website for interested First Nations, and Nations. Virtual training methods are being refinement efforts will be ongoing into the more. new fiscal year.
26 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 27 A MESSAGE FROM OUR EXECUTIVE DIRECTOR Over the past 20 years, we have witnessed the significant expansion of First Nation participation in the Framework Agreement. In response, the RC has worked to staff a team of dedicated, knowledgeable, and experienced professionals who regularly rise to support First Nations. As the number of signatory communities continue to grow, and the operation of land codes increase across the country, our internal repository of knowledge gathered from varied land governance experiences expands with it. During the last year, our team has responded to several complex and challenging situations to assist communities in making their way through the different stages of land code development and implementation. The extensive, collective experience of the RC staff have proven invaluable to the provision of MEKO NICHOLAS, EXECUTIVE DIRECTOR services to communities across the country. (TOBIQUE FIRST NATION) It is an honour to work with so many First Nations as they take back their rightful lands governance authority and eliminate the legacy Meko Nicholas is responsible for the of the Indian Act. day to day operations of the RC and manages the technical partnership This past year saw our Field Support Services with Canada. In addition to reporting Teams expertly guide 13 First Nations to the LAB and RC Boards, he serves as the main spokesperson EXECUTIVE ASSISTANT TO THE EXECUTIVE and representative for the RC in DIRECTOR all professional capacities. For the last 25 years, Meko has worked to support the development, finalization Angie and fulfillment of the Framework Pitre Agreement.
28 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 29 continues to offer First Nations a high that the RC and it’s staff have focused on quality level of service needed in all throughout the 2019-20 fiscal year. It also through the process of developing and unit which this year has grown to areas of operational and developmental offers a few inspirational stories of note ratifying their land codes, bringing the include a new Land Governance Planning First Nation support. The RC strives from communities now operating with the total number of communities operating HUB. The HUB aims to decolonize to continually improve its operations governance authority regained through with a land code to 95. This included land-use planning, elevate and re- including hiring new staff to meet these the Framework Agreement. Membertou’s historic land code vote, a establish traditional indigenous planning expanding responsibilities to the growing first in Nova Scotia and the 3rd in Atlantic practices, and promote cohesive and list of Framework Agreement signatories. Finally, I would like to acknowledge our Canada. Membertou has long been a holistic approach to planning informed ISC and CIRNA partners, especially ISC supporter of the Framework Agreement by traditional use, climate change, and I am extremely proud of the level of DG of Lands Susan Waters, ISC A/Director and is already hard at work developing specific community needs. expertise and professionalism shown by of Lands Eric Grant and his talented team, further land code laws, systems and RC staff and am thankful to our Senior CIR ADM of Individual Affairs Martin policies. Additionally, this year was particularly Management Team, who help to guide Reiher and Manager of New Service busy for our Law-Making, Enforcement, our organization through a full range of Offerings Patrick McIntyre. We enjoy a The RC’s Training, Mentorship, and Environment, and Waste Management duties. Our year ended with the onset very collegial, supportive and positive Professional Development (TMPD) Team Team. While participating in numerous of the COVID-19 pandemic, and all the partnership that is and has been critical has hosted several workshops, webinars, workshops and special projects, they have uncertainty and fear that came with to the ongoing implementation of the and co-partnered events throughout responded to a significant increase in it. However, our staff responded with Framework Agreement and ultimately for the year. These sessions help to further requests for support due to the COVID-19 increased determination and innovation the benefit of First Nations communities. community capacity in undertaking lands pandemic. An array of additional services to help our communities, which speaks governance responsibilities and provide are planned for the coming year to help volumes about their dedication to the Woliwon! knowledge-sharing opportunities between signatory communities mitigate the risks work that we take so much pride in. First Nations. of this dangerous and devastating virus. The following pages showcase many of The TMPD strategy is part of the RC’s During the year, the RC completed an the support services and special projects Planning and Readiness support services organizational review to ensure that it
30 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 31 Director, Finance, organization; and software, conferencing, and other conducted, with comments from each Information Technology • Survey contracts required to prepare equipment. party discussed. (IT) and Administration a Land Description Report defining the Sandra Gfellner extent of reserve lands subject to the Individual attention to training and Reviewing all of the received project land code; assistance for staff members provides proposals, and narrowing down the • First Nation funding, which included them with the additional tools they need selection to six (6) projects to be funded, nine (9) different areas. Funding is to work effectively and efficiently from proved difficult. A number of issues were provided to First Nations for land code their home offices. identified within the proposals, such as development and ratification, solid environmental issues, estate issues, waste projects, land use planning, While RC staff have functioned from surveys of individual lots, amending of environmental management plans, home offices for many years, reduced older land codes, creation of new laws, survey training, land management travel to communities during the later policies and procedures, the status of ms. gfellner is responsible for the financial, it, and administration staff software, legacy issue resolution, and part of 2019-20, due to COVID-19, has certain lands. Due to the quality and and duties of the rc, to include the natural resource management; and greatly increased requests for remote volume of proposals received a total of administration of surveys contracts. • Verifier role functions. First Nation support. In turn, IT has ten (10) projects were selected. placed additional focus on ensuring the FINANCE AND ADMINISTRATION During 2019-20, the Administration Team infrastructure is in place to meet these The ten (10) proposals selected were worked diligently to plan for a number needs. from the following First Nations: The Finance, IT, and Administration of significant events, including the LAB team keep all facets of our organization AGM and the First Nations National Land LAND DESCRIPTION AND SURVEYS British Columbia: running smoothly. Associated tasks Governance and Economic Development SUPPORT SERVICES Sc’ianew (Beecher Bay) include budgeting and reporting, Conference and Trade Show. Katzie travel, event and meeting support, and In July 2019, a Request for Proposals McLeod Lake necessary IT services. Our Finance department is responsible went out to all First Nations involved Alberta: for reporting on and ensuring compliance in the Framework Agreement, for six Fort McKay The Finance Department also works with our Comprehensive Funding (6) available projects relating to the closely with our Survey Expert to Agreement as well as providing technical Identification, Review and Resolution of Saskatchewan: administer necessary survey contracts support to Operational Funding Formula Legacy Issues. More than 30 proposals Kahkewistahaw and related services. negotiations. were submitted for consideration. Manitoba: Nisichawayasihk Cree The RC managed a budget of over INFORMATION TECHNOLOGY (IT) The proposal review process involved $19 million this past fiscal year. These Our in-house IT support services provide regional representation from the RC, Ontario: responsibilities included: day-to-day technical support for all Surveyor General Branch (SGB), and Algonquins of Pikwakanagan, RC staff, including email accounts, ISC Regional branch and Headquarters Mississauga • The day to day operations of the telephone systems, computer hardware (HQ). A review of each proposal was Nipissing Shawanaga EXECUTIVE EXECUTIVE ADMINISTRATIVE ADMINISTRATION IT SUPPORT LAND ASSISTANT TO ASSISTANT TO THE ASSISTANT & HUMAN RESOURCES SERVICES SURVEYS THE RC CHAIR LAB CHAIRMAN ADVISOR Robina Virginia Dan Charmaine Martin Tania Bear Game Bear Matteau de Kryger Bigstone
32 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 33 Each of these projects is complex and time-consuming, however, the First IDENTIFICATION, REVIEW AND RESOLUTION OF LEGACY ISSUES: Nations have maintained an enthusiastic commitment to the work. Two (2) of the The Nisichawayasihk Cree Nation (NCN) Project First Nations had the surveyors come to their schools to discuss the projects Manitoba's NCN embarked on its Legacy and demonstrate some of the survey Project in 2019, with several objectives in equipment that was being used. Other mind. Having implemented their land code in 2017, NCN's project was proposed to First Nations had community members strengthen the establishment of a system join the survey crews to observe and of good land governance under their land learn more about the profession of code and increase the number of registered surveying, the Legacy Project, and their interests. Equally, NCN wanted to ensure community. that surveys were conducted to enable the granting of formal land interests (interests Deadlines for the completion of the legacy where historically there was no formal projects were intended to be the end of survey or interest granted under the Indian June 2020. Deadline considerations will Act system). be adapted as the State of Emergency for the COVID-19 pandemic is lifted by the Another focus of the project was to communities and the province. increase NCN's local capacity of surveying and the creation and amending of their While the pandemic has impacted the parcel survey fabric. At the beginning of the project, it was estimated that less than time-frames for project completion, 10% of the 600+ lots on NCN's reserve the projects' allocated budgets and were surveyed. Throughout the project, expenditures remain on track. The NCN has had a community member remaining budget amounts will be used to accompanying the survey crew to gain complete the projects when the work is knowledge and capacity. safe to continue. The image at left is a design of some of 2019-20 was the first year that the the new proposed lots within an area of RC had received funding to assist NCN Reserve No.170. The white lines note First Nations in resolving some of the current surveyed roads and lots. It their outstanding legacy issues. Thus is apparent that not all of the constructed far, the results have been productive, roads are fully contained within the inspirational, and educational for all surveyed parcels. The NCN project includes involved. The RC appreciates the First a design and re-design of their road network through out the reserve. When Nations' devotion to the project, and to the fieldwork for the project is complete, ISC and SGB for their support in assisting the roads will be surveyed, as well as the First Nations with their requests for some lots, with the main focus on their information and guidance. We are eager community-based services lots. The to see this project to completion, and to project will continue into 2020-21. sharing the knowledge and experiences gathered with other communities.
34 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 35 Advisor, Law Making & the FNLMA with the shortest possible and business permitting laws to Enforcement Advisor federal legislation. Replacement environmental laws dealing with illegal REPEALING AND legislation would also aim to simplify the dumping, transportation and removal REPLACING THE FNLMA Andrew Beynon process for implementing future agreed- of soil, and unsightly premises. Many upon amendments to the Framework of these carefully drafted laws include Agreement. sophisticated enforcement provisions, such as the authority to conduct The RC has drafted a proposed bill for inspections and required documentation Canada’s consideration. The federal for permitted activities, the authority of Minister of Crown-Indigenous Relations inspectors to impose stop-work orders, signalled her support in February for this and the offences for minor or major proposal to replace the FNLMA with the violations of First Nation laws. mr. beynon supervises the law-making and enforcement, and environmental shortest possible federal law to ratify team and related support services the Framework Agreement. It is hoped Several land code First Nations have During the 2019 LAB AGM, the for the rc. that work with federal officials will be also enacted overarching enforcement LAB received direction from finalized during the calendar year 2020- and ticketing laws to set up general signatories of the Framework 21 so that legislation to replace the rules to be used in the enforcement Agreement, to propose federal REPLACEMENT OF THE FIRST FNLMA can be tabled in the fall of 2020. of all of their laws. Potential fines amendments to replace NATIONS LAND MANAGEMENT ACT under laws that have been enacted by the FNLMA with legislation (FNLMA) LAW MAKING AND ENFORCEMENT land code First Nations range from a that ratifies the Framework maximum of $100 for minor offences Agreement. Parliament enacted the FNLMA in 1999 In keeping with the growing number of to $1000 for more serious offences as part of the federal ratification of the First Nations across Canada operating and even $1,000,000 for major Framework Agreement. Unfortunately, under land code authority, there is an The new legislation would ratify environmental offences. Parliament chose to restate much of ever-growing number of First Nation the Framework Agreement “as the text of the Framework Agreement laws governing lands. In addition to The RC continued to work with several amended”, establishing one in the FNLMA and in some places growth from new First Nations, the land code First Nations during 2019-20 authoritiative legal text, saving inaccurately. To make matters worse, RC assisted many veteran operational on the design and drafting of their laws, time and avoiding confustion for many lawyers and government officials First Nations in updating their land as well as their own internal systems both First Nations and Canada. tend to only refer to the FNLMA, rather codes and existing laws. Laws that for enforcement such as ticketing It would also better respect the than the Framework Agreement itself have been enacted by operational processes. The RC has also worked with “government to government” when addressing lands governance by First Nations range from subjects such authorities at all levels of government dynamic of reconciliation and operational First Nations. At the 2019 as planning, zoning, and subdivision to build effective connections to the decolonization. LAB AGM, participating First Nations controls to community safety-related courts and other established systems for supported an LAB proposal to replace subjects such as trespass, nuisance, enforcement of laws. ENVIRONMENT ENVIRONMENT ENVIRONMENT ENFORCEMENT WASTE AND AND AND ADVISOR MANAGEMENT ENFORCEMENT ENFORCEMENT ENFORCEMENT SPECIALIST ADVISOR ADVISOR ADVISOR Michelle Jennifer Gail Kevin Stefanie Delorme Predie Starr Broughton Recollet
36 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 37 The Framework Agreement respects a system for adjudication of tickets and their efforts. In the last few weeks of the independence and self-government laws. Establishing an appropriate and RC NATIONAL March, RC staff advised on COVID-19 authority of land code First Nations effective system that could serve the ENFORCEMENT WORKSHOP risk management measures, including regarding enforcement. For example, many First Nations in the Fraser Valley COVID-19 laws under land codes and First Nations can appoint justices of is a complex undertaking. Elsewhere in the use of Indian Act by-laws. The the peace, without any requirement Canada, there is potential for new pilot RC also advised on enforcement of for approvals by other governments. projects to emerge in the coming year. those laws through formal warnings However, the Framework Agreement and orders. This work is expected to is also flexible, making it possible for In response to the legal precedent continue for as long as the risks under First Nations to forge connections to set by K’omoks First Nation, the the COVID-19 pandemic persist. existing systems for the administration LAB engaged provincial and federal of justice. Attorneys General to raise awareness The RC was asked to lead the of this important decision and the organization of a major National On March 11-12, 2020, the RC Further progress was made during the likelihood that there will be more private Conference to be held in 2020, to hosted a national enforcement year on pilot projects for enforcement of prosecutions of land code offences in draw together federal, provincial, and workshop on law-making powers laws. In Saskatchewan, the Muskoday future. The LAB and several operational Indigenous government experts to under the Framework Agreement. and Whitecap Dakota First Nations First Nations have recommended to tackle the enforcement challenge. With signed a Memorandum of Understanding provincial Attorneys General that the onset of the COVID-19 pandemic, The session brought together (MOU) with the Government of enforcement systems be established in the focus rapidly shifted to leading a First Nation leaders, community Saskatchewan to explore enforcement cooperation with land code First Nations “National Electronic Conversation” on representatives, and experienced options for their First Nation laws. In so that private prosecutions will no technicians to: enforcement through a series of live- the fall and early winter of 2019-20, this longer be necessary. streamed events. The first National • Examine the current scope work went through preliminary stages of Electronic Conversation is expected to of law-making powers under the development of terms of reference Late in the 2019-20 fiscal year, as all launch in spring 2020. the Framework Agreement and legal analysis of the issues and governments in Canada swung into and gain an understanding options. Discussions on options will action to try to manage the risks posed The RC will continue to work with all of enforcement and dispute continue in 2020, with Muskoday and by the pandemic. The RC rapidly moved parties to promote greater awareness of resolution options; Whitecap Dakota Nations deciding to assist land code First Nations in land codes and First Nation laws enacted • Share First Nation experiences whether acceptable options in accordance with the Framework in establishing enforcement have been negotiated. Agreement as well to establish effective systems, including systems for the fraction of cases that partnerships with prosecutors In the Fraser Valley, after will need to be resolved in the courts. and mainstream courts; exploring a potential new role for Qwi:qwelstom’s ENVIRONMENT • Learn about support services available from the RC when existing Justice program in implementing enforcement the adjudication of tickets The RC is assisting First Nations in processes; and laws, it was decided improving environmental management that it would be better to and protection. The Framework • Recognize the fundamental maintain Qwi:qwelstom’s Agreement recognizes the governance sections and requirements current focus and expertise authority of land code First Nations in the development and enforcement of First Nation and to separately establish in respect of both environmental laws, etc.
38 LAB ANNUAL REPORT 2019-20 WWW.LANDSADVISORYBOARD.CA 39 assessment and environmental with ISC, from which 16 projects were SOLID WASTE MANAGEMENT management. During 2018, the approved for funding. These projects are PLANNING WORKSHOPS Framework Agreement was amended underway with a total of $751,042.00 to include the specific recognition of in funding going directly to the First examples of land code First Nation Nations for their projects. environmental law-making authority. Examples include laws relating to Although there has been some delay due contaminants on First Nation lands, to the COVID-19 pandemic, the projects natural resources, soils, water remain on-track with adjusted work and groundwater, environmental plans to ensure forward progression. emergencies and natural disasters, recycling, solid waste management and Current projects include: garbage disposal, and implementation of • Developing Solid Waste Laws; In July 2019, the RC hosted three environmental management plans. • Solid Waste Management Plans; Solid Waste Management Planning Last fiscal year, the RC provided • Illegal Dumping Mitigation Strategies; workshops, held regionally approximately $150,000 of funding in Sudbury, Kamloops, and • Developing Waste Apps (for and worked with several First Nations smartphones & handheld devices like Saskatoon. The sessions drew in Ontario and the Prairies to develop Waste Wizard & Collects); participants from over 75 First environmental management plans • Ticketing and Enforcement Laws; Nations nation-wide. (EMPs). This planning work assists In addition, the RC worked with • Conducting Waste Audits and First Nations in managing current several developmental and operational Feasibility studies; The workshops emphasized the environmental issues and planning for First Nations regarding environmental importance of Solid Waste • Establishing Waste Committees; the environmental issues that are likely site assessments (ESA’s), assisting Management Planning and law- • Creating and/or improving to arise when pursuing other lands First Nations regarding the scope of making in ensuring environmental diversion programs (ex. Recycling, initiatives, such as future economic and phase I and II ESA’s as well as work protection, and community safety. Composting); residential development, conservation to be undertaken on areas of potential They also examined the scope of • Landfill and transfer stations areas, and infrastructure improvements. environmental concern identified in environmental law-making powers upgrades; The RC is looking to expand on the work ESA’s. under the Framework Agreement • Remediation of old sites and the importance of solid undertaken from 2018 to early 2020 The RC also assisted several First • Waste re-use pilot projects (Like waste management in relation to by securing funding so that more First Nations with community engagement plastics and construction waste); responsible land governance. Nations will be able to undertake EMPs and drafting of environmental laws, • Purchase of equipment (such as bins in the future. leading to the enactment of more and composters). Open discussions provided First environmental laws in 2020. Nations with the chance to learn Over the last year, the RC held a The call-out for Expressions of Interest significant number of capacity building from others' challenges and WASTE MANAGEMENT (EOI) for the next round of projects workshops for land governance successes in solid waste, and will begin in June 2020. In 2020-21, directors and other lands related staff stewardship associations provided This past year 22 proposals were the format of applications will change in First Nations, including sessions updates on Waste Diversion and received from operational and from proposal-based to an Expression regarding environmental assessment, Extended Producer Responsibility developmental First Nations to request of Interest (EOI) to remove barriers for environmental management law-making programs. funding under the expanded Solid Waste First Nations who may not have access authority, and climate change. Management funding program. The RC to technical proposal writing. reviewed the proposals in collaboration
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