Saskatchewan
Common Table Processes
FRAMEWORK
FOR GOVERNANCE OF TREATY FIRST NATIONS
Between
HER
MAJESTY IN RIGHT OF CANADA
as represented by the
Minister of Indian Affairs and Northern Development
And
HER
MAJESTY IN RIGHT OF SASKATCHEWAN
as represented by the
Minister of Intergovernmental and Aboriginal Affairs
And
FEDERATION
OF SASKATCHEWAN INDIAN NATIONS
as represented by the
Chief of the Federation
Whereas
the Parties:
a)
are working cooperatively to develop the basis of a new relationship
which recognizes new forms of First Nation governance, and which
is consistent with and builds on the treaty relationship, while
not re-negotiating Treaties 2, 4, 5, 6, 8, and 10;
b) have established a Governance Table and Fiscal Relations Table
under the auspices of the Common Table, and in accordance with
the objectives laid out by the Parties in the Protocol Agreement
to Establish a Common Table dated October 31, 1996, with mandates
and Work Plans to develop a new relationship among Saskatchewan
First Nations, Saskatchewan, and Canada;
c) are seeking to negotiate governance and fiscal frameworks which
will allow for the effective and efficient exercise of First Nation
jurisdictions and authorities within the context of the Constitution
of Canada and to provide for harmonious relations among First
Nations, federal and provincial governments in Saskatchewan;
d) understand that those First Nations in Saskatchewan that have
not adhered to Treaty may also have access to whatever new governance
and fiscal frameworks are negotiated by the Parties; and
e) recognize the role of the Canada - Federation of Saskatchewan
Indian Nations Exploratory Treaty Table in informing the work
of the Governance and Fiscal Relations Table, in accordance with
the Letter of Understanding signed among the Parties August 26,
1998;
The Parties hereby set out the Framework as follows:
1.0 Purpose
1.1
The purpose of this Framework is to guide the conduct of governance
and fiscal negotiations among the Parties by identifying the
substantive issues for negotiation and the process and timing
required to reach an Umbrella Governance Agreement and Umbrella
Fiscal Agreement.
2.0 Objectives
2.1
The objectives of the negotiations are to:
i) develop effective and efficient governance structures that
will allow for the legitimate, accountable, transparent, culturally
appropriate exercise of governance by First nations that builds
on the treaty relationship between Saskatchewan First nations
and Canada;
ii)
develop a new fiscal relationship and appropriate funding
mechanisms in support of First Nations governance;
iii)
identify principles of intergovernmental relations that will
allow for the evolution of harmonious government-to-government
relations;
iv)
identify principles and procedures for the exercise of First
Nations jurisdiction and authority;
v)
recognize First nation jurisdiction and authority in agreed
upon areas in a way that reflects their values, traditions,
and cultures; and
vi)
facilitate a smooth transition from the Indian Act to a new
system of governance by First nations in Saskatchewan.
3.0 Consultations and Models
3.1
The Federation of Saskatchewan Indian Nations will continue
broad-based discussions with First Nations in Saskatchewan regarding
the structures and models of governance.
3.2
The negotiation tables will be reviewing and assessing models
of governance to understand how each of the models applies to
a substantive issues under negotiation and to determine which
model or models are best suited for negotiating new governance
and fiscal arrangements.
4.0 Scope of Negotiations
4.1
The Parties will address a comprehensive range of subject matters
relating to First Nation governance, the exercise of First Nation
jurisdiction and authority, and the development of an Umbrella
Fiscal Arrangement.
4.2
The Parties agree to explore the application, both on and off
reserve, of First Nation jurisdiction and authority.
4.3 The Parties will harmonize legal and administrative regimens
in areas of agreement.
4.4
The Parties will address the following issues in the negotiation
of the Umbrella Governance and Umbrella Fiscal Relations:
i) comparability;
ii)
economies of scale;
iii)
delegation and other options for aggregating First Nation
jurisdiction and authority;
iv)
mechanisms of political and financial accountability; and
v) certainty of arrangements
5.0 Substantive Issues
The following is a list of substantive issues that the Parties
agree to negotiate during Umbrella Governance Agreement and Umbrella
Fiscal Arrangement negotiations. This list is not exhaustive;
items may be added as a result of ongoing discussions.
5.1
Governance, including:
i) principles of internal governance and intergovernmental
relations;
ii) the development of First Nation constitutions; and
iii)
identification of First Nation lawmaking and administrative
bodies and the relationships among them.
5.2 The scope and application of First Nation jurisdiction and
authority for:
5.2.1 Education, including but not limited to:
i) early childhood education;
ii) kindergarten (4 and 5 year olds);
iii) elementary education;
iv) secondary education; and
v) post-secondary education.
5.2.2 Child and Family Services, including but not limited to:
i)
adoption;
ii) preventive programming;
iii) child protection;
iv) placement;
v) custody; and
vi) adjudication and enforcement.
5.3 The following areas will be added to the negotiations agenda
upon reference of the items in 5.2 to sectoral working groups
and upon the receipt of necessary mandates:
i) justice;
ii) lands and resources;
iii) hunting, fishing, trapping and gathering;
iv) health; and
v) housing.
5.4 Appropriate fiscal arrangements to implement First Nations
governance and jurisdiction arrangements, including, among other
issues, consideration of matters such as:
i) "macro-comparability" (comparability of socio-economic
well-being);
ii) "micro-comparablilty" (comparability in access
to programs and services);
iii) consistency between treaty issues (including annuities)
and fiscal equity;
iv) own source revenues;
v) taxation;
vi) resource revenue sharing in the form of benefits, economic
programs and other structures;
vii) roles and responsibilities;
viii) population, scope and coverage;
ix) review and continuity; and
x) purpose, structure and nature of agreement.
5.5 General provisions of the Umbrella Governance and Fiscal
Agreements, including:
i) methods of ratification;
ii) amendment procedures;
iii) jurisdictional clarity and the absence of legal vacuums;
iv) the relationship of First Nations' laws to the laws of
other governments;
v) intergovernmental dispute resolution mechanisms;
vi) application of the Canadian Charter of Rights and Freedoms;
vii) parties to the agreement;
viii) form of the agreements; and
ix) implementation, including:
- principles
for development and content of an Implementation Plan;
-
timing, activities and responsibilities of the Parties to
an Implementation Plan; and
-
transition from the Indian Act and other relevant legislation.
6.0 Structure of Negotiations
6.1
Negotiations will be conducted at the Governance Table and Fiscal
Relations Table at which the Chief Negotiators will be present.
The Negotiators are responsible for:
i)
managing their negotiation process, including the development
of plans and setting priorities;
ii) negotiating and recommending for approval an Umbrella
Governance Agreement and an Umbrella Fiscal Arrangement;
iii) implementing detailed procedures to guide the Parties
during the Umbrella Governance Agreement and Umbrella Fiscal
Arrangement negotiations;
iv) establishing working groups, side tables and other processes
as agreed; and
v) establishing
protocols, understanding or agreements for conducting negotiations,
including drafting, editing and sharing documents engaging
in public consultations.
6.2
The Parties recognize that their negotiations will seek of affirm
internal policy direction or mandates from time to time, if
necessary, as negotiations progress.
6.3
The Negotiators will foster a relationship which allows for
the appropriate harmonization, coordination and integration
of work between the Governance and Fiscal Relations Table on
substantive issues set out in this Framework, while providing
each Table with the capacity to undertake work independently.
6.4
The Committee of Senior Officials and their delegates will monitor
progress made at the negotiation tables and provide overall
direction and support to the tables as required.
7.0 Capacity Building and Institutional Development
7.1 The Parties agree that some capacity building and institutional
development initiatives will need to be developed to facilitate
the transition from the Indian Act to a new system of governance,
and that these activities can be pursued both immediately and
concurrently by the Parties during negotiations and after negotiations
are completed.
8.0 Nature of Agreements
8.1
The Umbrella Governance Agreement, Umbrella Fiscal Arrangement
and subsequent legislation are intended to form the basis of
authority for a new governance and fiscal arrangements.
8.2 The Umbrella Governance Agreement and Umbrella Fiscal Agreement
will set out the manner in which agreements can be amended to
provide for the evolution of First Nation jurisdiction and authority
and the integration of new fiscal transfers.
9.0 Nature of Legislation
9.1
The Parties will research and examine legislation that supports
the implementation of governance agreements for the purpose
of identifying how legislation gives effect to self-government
agreements and adopting an approach for the "made in Saskatchewan"
process.
10.0 Communication and Consultation
10.1 The Governance and Fiscal Relations Table will develop
a joint communication and consultation plan to inform and educate
the public and third Parties about the "made in Saskatchewan"
process and significant progress made at the negotiation tables.
11.0 General Provisions
11.1 The inclusion of a subject matter referred to in this Framework
does not commit any of the Parties to conclude an agreement
on that issue.
11.2
This Framework Agreement is not a treaty and does not create
or recognize any legal rights or obligations.
12.0 Time Frame
12.1
The Parties will endeavor to conclude Umbrella Governance and
Fiscal Agreements-in-Principle by January 2002.
Signatures
