British Columbia Association of Aboriginal Friendship Centres

Policy Communiqué
First Nations Governance Initiative – June 05, 2001

On March 27, 2001 Minister Nault, DIAND, Canada received Cabinet approval to move forward on a new statutory and regulatory regime for First Nations governance.  That mandate includes

• To clarify the legal status and authorities of First Nations governments
• To provide standards of financial and operation accountability and amenities
• To provide redress mechanisms comparable to those of other governments
• To update and modernize electoral systems

The Minister has also received authorization to wrap the FNG Initiative up in a Bill to the House of Commons by the Fall 2001, complete with ‘consultations’, proposed legislative options, operational and financial implications.

• The BCAAFC recognizes Aboriginal self-government as an inherent right affirmed in s. 35 of the Constitution Act 1982
• The BCAAFC’s recognizes that First Nations must have the lead in any process of First Nations self-governance
• The BCAAFC is concerned that the Minister sees the FNG Initiative as the Department of Indian and Northern Affair’s response to the Supreme Court’s decision on Corbiere.

The BCAAFC  has called upon the National Association of Friendship Centres to take the following two actions:

• Secure a legal opinion regarding the compliance of the FNG Initiative regarding the Supreme Court ruling on Corbiere
• Coordinating a leadership forum of the AFN, CAP, NWAC,MNC and NAFC to discuss the FNG Initiative and to share the respective positions and responses of each organization

The BCAAFC is knowledgeable of the AFN’s Resolution 15/01 “Response to Proposed First Nations Governance Act” carried at the Confederacy of Nations May 8-10, 2001 Squamish territory, BC, which objects to the unilateral action, rejects the process, and calls for a stop to the current initiative and a boycott to the consultations

BCAAFC at its Annual General Meeting passed a resolution (June 03, 2001) which in summary:

• Calls on BC First Nations organizations with a provincial mandate to draft a collaborative response to the First Nations Governance Initiative
• Supports BCAAFC to participate with First Nations organizations with a provincial mandate to draft alternative legislation which is compliant with the Supreme Court of Canada’s Corbiere decision and which recognizes the rights and the portability of rights of First Nations Peoples both on and off-reserve.