Click on the documents below to download a copy in .pdf format:

Draft Agreement-in-Principle (initialed by Negotiators July 17, 2003)
Draft Tripartite Agreement-in-Principle (initialed by Negotiators July 17, 2003)

Please note that these are DRAFT ONLY and are intended to guide discussions toward a Final Agreement. They are currentlly on hold as the parties attempt to make revisions to the drafts.

Agreement in Principle

From time immemorial, First Nations governed themselves effectively. Their early relationship with Europeans was based on mutual trust and sharing, which recognized First Nations sovereignty. This mutual trust and sharing was essential to the development of Canada as a nation. Ever since the Treaties were signed, this relationship has deteriorated. It is now time to put in place a process that will build on the treaty relationship, based on mutual respect and the recognition of First Nations inherent right of government, management and control of their own lives, as recognized in the inherent right of First Nations to self-government.

The text of the Agreements-in-Principle are being developed through discussions and negotiations at the various tables and working groups. It addresses the interests of all the parties based on their common understandings as determined by the Treaty Table. The interests of First Nations are advanced through the representatives of the FSIN who participate in the discussions and negotiations, and the consultation work of the FSIN with communities. Ultimately, the Agreements must be approved by First Nations before they will be applicable.

Below is a list of topics that are being discussed in the draft for the Agreement in Principle:

Definitions and General Provisions

  • Political declaration - no legally enforceable obligations
  • Relationship to the Tripartite-Agreement-in-Principle (TAIP)
  • Constitutional implications
  • Liability/indemnity
  • Amendment

Relationship of Laws

  • Rules about how federal, provincial and First Nation Laws will work together
  • Existing legal arrangements continue until altered under the Final Agreement
  • Final Agreement supersedes other laws of the Parties
  • Federal laws will override First Nation Laws in cases of national concern
  • What federal and/or provincial laws apply and don't apply to First Nations

Structures, Powers and Procedures of First Nation Governments

  • First Nation Governments constituted pursuant to constitutions at community, regional and province-wide levels must have constitutions
  • Regional First Nation Governments created where desired by First Nations
  • Public Register of First Nation Laws
  • Mechanism for input, re:interests of non-Members
  • Exercised in accordance with First Nation Constitutions and the Final Agreement
  • Ancillary powers necessary to exercise recognized Jurisdiction
  • First Nation Institutions may be legal entities
  • Protection of employees from liability

Membership

  • First Nations will determine who their Members are - this means First Nations will have Jurisdiction.
  • First Nation membership laws required
  • Membership laws will be applied fairly
  • First Nation membership laws are paramount

Aggregation of First Nation Jurisdiction

  • Process for delegation by individual First Nations to regional and province-wide First Nation Governments
  • Delegation where agreed or where First Nation chooses
  • Circumstances for Delegation
    • Exercise of power at community level not practical
    • Economies of scale possible
  • Delegation agreements
  • No sub-delegations

Off Reserve Jurisdiction and Authority

  • Commitment to negotiate subject to Canada's obtaining mandate
  • Negotiations to be guided by agreed upon principles
  • Issues to be addressed in negotiations
  • Pilot projects as agreed by the Parties

Family and Child Services

  • Description of First Nation Jurisdiction and Authority:
    • Maintaining, supporting, preserving and promoting well-being and development of families and children
    • Protecting children from maltreatment and preventing maltreatment, including abuse of all kinds
    • Other related matters
  • Application of First Nation Law on and off Reserve
  • Exercise of First Nation Jurisdiction province-wide in relation to key matters:
    • "best interests of the child"
    • "child in need of protection"
  • Paramountcy of First Nation Law

Education

  • Description of First Nation Jurisdiction and Authority
    • Education as lifelong learning
  • Relationship to standards
  • Exercise of First Nation Jurisdiction province-wide in relation to key matters:
    • Curriculum development
    • Province-wide administration
  • Paramountcy of First Nation Laws

Financial Management

  • Jurisdiction of First Nations over their own financial matters
  • Fiscal relationship including accountability between First Nation Governments and Members
  • Financial administration laws required
  • First Nation financial administration laws are paramount

Administration and enforcement of First Nation Laws pending negotiation of Justice Chapter

  • Creation of offenses
  • Appointment of enforcement officers
  • Establishment of administration bodies
  • Establishment of dispute resolution processes
  • Prosecution of offenses
  • Existing courts required to recognize and uphold First Nation Laws

Taxation

  • First Nation Jurisdiction and Authority in relation to taxation
  • Chapter to be negotiated

Fiscal Arrangements

  • Fiscal principles
  • Fiscal relationship
  • Fiscal Transfer Agreements
  • Own source revenue capacity and rate of inclusion
  • Review and continuity of fiscal arrangements

Macro-comparability Fund

  • A socioeconomic strategy to close the gap
  • Subject to all Parties obtaining mandates

Intergovernmental Relations

  • Building on the treaty relationship
  • Working relationship emphasizes cooperation and sharing
  • Commitments to harmonize legal regimes, share information and data
  • Intergovernmental agreements

Dispute Resolution

  • Applies to disputes between Parties to the AIP and the TAIP only
  • Principles in approaching disputes
  • Dispute avoidance
  • Formal process
    • Collaborative negotiation
    • Mediation
    • Third-party decision-making processes
  • Role of Elders

Inclusion of First Nations after Final Agreement

  • Ability of individual First Nations to sign on later
  • Amendments to fiscal arrangements
  • Application of province-wide and any applicable regional First Nation Laws
  • Public notice of inclusion

Sectoral Chapters

  • Sectors or Sectoral Chapters outline areas of Jurisdiction and Authority
  • Key element of Sectoral Chapter: Description of Jurisdiction and Authority and its exercise
  • Two categories of Sectoral Chapters:
    • Subject areas identified in the Framework Agreement:
      • Family and Child Services
      • Education
      • Justice, Housing, Health, Lands and Resources
    • Other necessary and related subject areas:
      • Financial administration
      • Administration and enforcement (pending completion of Justice Sectoral Chapter)
      • Taxation by First Nation Governments

Additional Sectoral Chapters

  • Provision for adding areas of Jurisdiction and Authority as subject matters are negotiated
  • Prioritized areas as identified in the Framework Agreement (as completed by Treaty Table) :
    • Administration of Justice
    • Lands and Resources
    • Hunting, fishing, trapping, gathering
    • Health
    • Housing
  • Saskatchewan's participation required

Transition from the Indian Act and First Nation Land Management Act

  • Band councils continue until First Nation governments established under First Nation Constitutions
  • Membership and governance structure provisions of Indian Act do not apply after Effective Date of Final Agreement
  • Process for making other provisions of Acts inapplicable as new sectors are negotiated and implemented

Implementation

  • Commitment to develop a detailed implementation plan after AIP approved

Ratification of AIP

  • Band Council resolutions and FSIN resolution of Chiefs in Assembly
    Approval by Canada through Minister

Ratification of Final Agreement

  • Vote of Members on the following package:
    • Final Agreement
    • Implementation plan
    • Fiscal Transfer Agreement
    • First Nations Constitutions
    • First Nation Laws in relation to membership, financial administration, conflict of interests