Treaty Implementaton Principles
On February 15, 2007 the OTC released its’ final report, entitled Treaty Implementation: Fulfilling the Covenant (TI Report). This Report was commissioned by the Chief of the FSIN and the Minister of Indian Affairs in 2005 with the goal for OTC to present recommendations to the Parties on how to proceed, beyond current impasse, with Treaty discussions at the Treaty Table. Several consultations in various communities were undertaken in this regard, with input from the Exploratory Treaty Table. Parties to the Treaty Table (FSIN and Canada) were to submit responses to this Report. The FSIN was given a short-time frame to respond to this Report (letter submitted to INAC Minister Strahl dated September 10, 2007).
Through the Treaty Governance Office (TGO), FSIN prepared their response with the creation of a Treaty Task Force (TTF) to review the OTC Report and provide analysis and recommendations to the Chiefs-in-Assembly. The TTF, with support of the Chief’s Advisory Committee (CAC) as per motion April 26, 2007, had drafted foundational principles as a basis for reviewing/analyzing the OTC Report and to guide the FSIN in future discussions with the Crown on this matter. These 10 foundational principles were adopted by the Chiefs-in-Assembly (Resolution #1503). Once FSIN receives the Crown’s response, the intent is to determine if there is common ground to proceed. The FSIN/TGO has been waiting for this response since 2007 Once received, Resolution #1504 directs that the Chief of the FSIN report back to the IGC (Indian Government Commission) on the positions of Canada and Saskatchewan at the Governance and Fiscal Relations Table and make a recommendation(s) with input from the Chief’s Advisory committee to the IGC on next steps in advancing Saskatchewan First Nations’ Inherent Rights and Treaty Implementation agenda.
The Office of the Treaty Commissioner continues to provide public education and awareness for the Treaty Table. (www.otc.ca)
10 Principles on Treaty Implementation
1. We, the First Nations, come from Mother Earth, and this determines our relationship with nature, our role as stewards of this land and all forms of life and our sovereignty.
2. We, the First Nations, occupied North America as sovereign Nations long before other people came to our shores.
3. We, the First Nations, have always made our own laws, institutions and jurisdiction which reflects our culture, values and languages.
4. Our sovereignty enabled us to enter into Treaty and other political accords with other Nations.
5. The Royal Proclamation of 1763 affirmed our sovereignty, institutionalized the Treaty-making process, and made our consent a condition before our lands and resources could be alienated.
6. First Nations and Crown affirmed each others’ sovereignty in the treaty process.
7. Our sovereignty defines our nationhood and this will continue forever.
8. Our Treaty has International stature.
9. The spirit and intent of the treaty relationship is more valid than the written text and will last as long as the sun shines, the rivers flow and the grass grows.
10. Canada has an on-going obligation to fulfill the Treaty according to the Spirit and Intent.
Later in 2007/08, after the Treaty Principles were passed, the completed and in-progress context papers were reviewed in light of these Principles. Project Management Teams met in each context paper/area to determine if these principles were reflected in the papers and also to provide recommendations for rewriting context papers. The outcome was that in most context papers - the Treaty Principles were absent and required rewrite/revisit of context papers. TGO submitted a matrix, which summarized the outcomes on these meetings to the Treaty Table, with recommendations include establishing a Treaty Audit Office to follow-up on Treaty Obligations that are still outstanding.
The sole mandate of the FSIN is the protection and implementation of Treaty. In the spirit of sharing and working together, these Principles on Treaty Implementation have been presented not only in Saskatchewan, but also in other provinces where requested. Staff in TGO have made presentations throughout Saskatchewan and other areas, to high school students/youth, Elders, and First Nation communities. FSIN also hosted the National Treaty Conference in Saskatoon on March 26-27, 2008 with conference objective to ‘kickstart’ discussion of a Treaty Implementation approaches with the federal government. The FSIN Treaty Principles were presented to the conference attendees by the then Regional Chief of AFN/FSIN Chief Lawrence Joseph and Chief of Staff/Howard McMaster The principles were well-received at this National Conference.
Download Treaty Implementation Principle Document Here