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Bulletin Vol 1, Issue 1 April 21, 1998 This is a publication issued from the Chiefs of Ontario Toronto office at 344 Bloor Street West near Spadina Ave. Headlines: |
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Northern Office In response to the concerns and requests of many northern chiefs, the office of the Chiefs of Ontario (COO) will open a new facility at Fort William First Nation Thunder Bay, beginning in May, 1998. The present office at 22 College Street will be closed and a smaller office, housing the Legal, Financial, Intergovernmental Affairs, Communications and Information Systems Analyst along with the A\Executive Director and Senior Policy Advisor, will open in May at 344 Bloor Street in Toronto. The combined move to Thunder Bay and closure of the College Street office in Toronto will realize considerable savings in rent. As directed by a majority of chiefs at PPC, one employee was discharged and others were offered their former positions at Thunder Bay and Toronto. A deadline to respond was given so that positions left empty could be advertised. Some staff will remain in Toronto for a short time to complete jobs in process. Jan Martin has been retained as A\Executive Director and Judy Moses, as Senior Policy Analyst. Dennis Martel has joined the Toronto office to work in Intergovernmental Affairs and Communications. Mike Sherry will remain as Legal Counsel and Jamie Hill will continue as "Webmaster" and Information Systems Analyst. |
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PPC Participation Grows For many years, and for a number of reasons (primarily economic), northern representation at PPC and other Toronto meetings has been limited. Often Grand Council Treaty #3 (GCT#3) were not at the Toronto table. Travel costs were the primary culprit which made such representation at all Toronto meetings difficult. Since taking office in June 1997, there has been an increased participation at PPC by both GCT#3 and Nishnawbe-Aski Nation (NAN). With the move to Fort William First Nation, a more equitable distribution of travel and other costs will be realized for the distant and more isolated First Nations of the north and northwest. |
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Office Review As directed by AOCC, a Review of staffing, accounting and other professional office procedures was initiated last fall with a team recommended by, and representing, the PTO’s and Independents. Escalating costs prevented the Review from completion and a report to PPC was not made. However, many Chiefs saw this Review, and an accompanying ‘Vision’ by Regional Chief Tom Bressette, as important and requested he make it a priority. This was made especially clear at a meeting between the Regional Chief and the Independents at COO offices March 25. At that meeting it was noted that once funding had been identified and secured other individuals were asked to complete the Review single-handedly. Previous commitments and time frames involved made the search for one person to complete the Review difficult. Since then a contract has been signed with Kewayosh Community Development Consultants (KCDC) who had submitted a detailed workplan and budget to COO in early April. After consultation with the Chiefs and others, KCDC will report back to COO with a final report in May, 1998 in time for inclusion at this years’ AOCC. |
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National Affairs: AFN For many years the relationship between the Assembly of First Nations (AFN) and COO languished. However, since the election of National Chief Phil Fontaine, an excellent relationship has been established between COO and AFN. COO has taken on a significantly more proactive role at the national level while simultaneously increasing the recognition of its initiatives with the AFN and Ottawa. To date the Regional Chief has assumed responsibilities for AFN initiatives on Certified General Accountants (CGA), Lands and Trusts Services (LTS), Social Security Reforms (SSR), Veterans and the Executive Management Team at AFN. The enhanced role played by COO at the national level will benefit all Ontario First Nations in many ways, however time constraints on the Regional Chief are significant. While the salary of the Regional Chief is covered by AFN a formal and more equitable formula for the sharing of his responsibilities and time between the national and provincial level is necessary. |
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Renewed Relations: Ottawa New discussions with Ottawa, initiated by AFN, have been pursued by COO. A series of meetings have taken place between the Hon. Jane Stewart and Regional Chief Bressette. They have been mostly positive and a sound working relationship is emerging. Dennis Martel has joined COO to bring his previous experience with both the federal and provincial levels of government and with the First Nations of Ontario to facilitate these discussions. While many areas of concern have yet to be discussed and agreements hammered out, in light of the RCAP Response, the way seems clear for open and honest discussions between COO and Ottawa. Along with the National Chief, Phil Fontaine, COO is taking a forceful and proactive approach to dealing with the federal government. |
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Economic Renewal Strategy COO has responded to requests to support First Nations entrepreneurial initiatives and business partnerships with both the Aboriginal and non-Native private sector. COO has sent representatives to the Harris government’s Aboriginal Economic Development Strategy meetings between First Nation PTO’s, First Nations entrepreneurs, banks and other business interests. Because COO advocates an open, bi-lateral process of discussion, it supports Rick Potts’ (Independent) concerns about the consultation process and Grand Chief Doug Maracle’s request to review the Attorney General’s final report prior to delivery to Cabinet. At the March 30 meeting between various First Nations representatives, the business community, ONAS and the Attorney General at Commerce Court West, in Toronto, Grand Chief Vern Root, Grand Chief Doug Maracle and others delivered a strong message that training and education needs of the First Nations are not being met by mainstream post secondary educational institutions. If Aboriginal youth are to take their place within a province-wide entrepreneurial and business community this issue must be addressed. One suggestion was accreditation for First Nations post secondary institutions. On-going discussions with both Ottawa and Queen’s Park have been initiated and a three day Economic Renewal Conference is scheduled for April 23-25, 1998. |
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Fiscal Relations Encouraged by the RCAP Response, COO has pursued bi-lateral fiscal relations talks with Ottawa to establish a series of tables to discuss important, but currently inactive, issues. On February 9, the Regional Chief and COO staff joined a number of the PTO’s on a fact finding trip to meet with Chiefs from the Federation of Saskatchewan Indian Nations (FSIN). While a great deal was learned from the trip, and much of the information gathered will be useful, COO knows that Ontario is different and will have to create its own document. For example, some First Nations have opted to make their own arrangements with the province and the federal government on certain issues which affect them directly. With four PTO’s and many Independents, COO does not have the same ‘leverage’ as FSIN which represents the entire Aboriginal population of Saskatchewan. While normally viewed as a bi-lateral process with the federal government, some think Ontario should be at the table as well. Renewed fiscal relations have therefore been brought forward in Protocol discussions with Ontario Native Affairs Secretariat (ONAS) and Yan Lazore has promised to raise the issue with cabinet. At a Fiscal Relations Working Group meeting April 16, discussions began on the creation of a discussion paper to bring to PPC. If there is community support, COO will continue to support initiatives for renewing and revising fiscal relations with Ottawa. However, COO must exercise care. Individual differences and needs of the First Nations in Ontario must be acknowledged and nurtured, while attempting to forge a united front based on common interests wherever possible. |
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Financial Transfer Arrangements COO continues to oppose INAC’s imposition on First Nations of the Financial Transfer Arrangement (FTA) meant to replace Alternative Funding Arrangements (AFA) and Comprehensive Funding Arrangements (CFA). Guided by Resolution 97\13 from the AOCC Special Assembly, Oct. 14-16/97, which strongly condemned the FTA, COO agrees that some technical improvements have been integrated into the rewritten Dec. 31/97 FTA draft. However, COO remains opposed to the fiscal cap imposed on First Nations and has personally raised the issue with Minister Stewart. The office is also concerned that the FTA will lead to a transfer of unlimited program liability to First Nations from INAC. Also, First Nations with significant "own source revenue" may see their grants reduced to accommodate the INAC program growth cap. While recommending First Naions "hold the course" and maintain the status quo for another year, COO is aware this may entail sacrifice. The terms and conditions of the CFA are restrictive; but, this must be weighed against long-term consequences of signing the FTA right now. INAC seems determined to stick by their guns on the FTA. In the meantime, COO recommends First Nations should take advantage of the time available for further reflection and the creation of a unified position. |
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Casino Rama Lovelace (Metis) Case: COO continues to take the lead in opposing the Lovelace (Metis) Claim to a share of the net revenues of Casino Rama. COO Legal Counsel, Mike Sherry, is monitoring the case in light of the February 12 Supreme Court of Canada decision to hear the Metis appeal. The legal wrangling has been continuous since the initial claim was brought forward by Lovelace, six non-status communities and three Metis organizations in May 1996 just prior to the opening of Casino Rama. The July 1996 Cosgrove decision in favour of the Metis was appealed by COO and the Province of Ontario. In June 1997, a decision favouring COO and the province was rendered but the Metis appealed to the Supreme Court in February 1997. They now have until August 1997 to gather documentation and submit their case to the courts. From that date, COO and the province will have two months to do likewise. The case is complicated for COO because at least one of the applicants is a "Near Band"- recognized and supported by COO in its quest for band status in Ontario. In addition, the Supreme Court will be cautious in their deliberations since this issue will most likely involve Charter of Rights arguments, specifically Section 15 (Sub. 2) dealing with Equality Rights. 20% Issue: Since Attorney General Charles Harnick announced in March 1996 that construction at the site of Casino Rama was to re-commence following a two month shut-down, the 20% issue has been on the COO agenda. The Hon. Charles Harnick stated that Mnjikaning had signed away 20% of gross revenues from the casino to the province. The allegation
has been denied vigorously by Mnjikaning and the issue has been
raised repeatedly with the province both at Revenue Sharing discussions
and during other meetings with Ontario. Arnold Ingersoll, the First Nation Intergovernmental Affairs Director at Mnjikaning, has proposed that net revenues flow immediately into a First Nations Fund for distribution. All First Nations would set aside a 25% contingency fund to be transferred to the Metis should they win their appeal. This would allow First Nations to utilize the much-needed revenue and it would be especially welcomed by Chief Lorraine McRae in light of Mnjikaning’s cash crunch. While supporting Ingersoll’s solution, the Regional Chief cautions that the Attorney General has stated revenues from the casino are to be utilized by First Nations for economic development. However, ultimate control of the revenue and mechanisms for its distribution have neither been finalized nor agreed upon by the negotiating parties. There is still work to be done to ensure whatever course of action Ontario takes it will accurately reflect the wishes of the First Nations. |
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By-Laws Our By-Laws, are dated and no longer reflecting current realities faced by COO. They desperately require revision. It is important they be written to provide structure and stability to COO office procedures and practices that have developed piece-meal over the past sixteen years. By-Law revision is a necessary part of the overall review of the entire office, its procedures, policies and existing structures. The task of modernizing the By-Laws is a much needed and positive exercise. At a PPC retreat, Feb. 3-4, 1998 a Draft Proposal on Revisions to the 1982 By-Laws was presented for discussion. |
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Ontario Works The Ontario Works initiative taken by the Province of Ontario has proven to be troublesome legislation for First Nations. COO and the Ontario Indian Social Services Committee have worked on the issue since the legislation was introduced by the Progressive Conservative government two years ago. Legal strategies have been put forward by COO while implementation vehicles and business plans have also been discussed with the chiefs. Options have been developed, reviewed and discussed and the possibility of round table discussions with Ontario and Ottawa have been considered with COO working as coordinator. Since consensus among First Nations on how best to deal with Ontario Works has not been reached, any initiatives taken by COO must reflect as fairly as possible the different points of view of the PTO’s and individual First Nations. First Nations have chosen to deal with Ontario Works in their own way and in a manner that accurately reflects the wishes of communities and individual concerns of chiefs. This means that some have accepted Ontario Works either fully or in part while others have rejected it completely. COO understands the importance of accommodating and respecting all points of view. |
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Federal Budget On a positive note, the Federal Budget reflects certain promises made in the Healing Fund outlined in the RCAP Response, Gathering Strength. In addition, other program initiatives such as an enhanced child benefits package and the Millennium Scholarship Fund can be accessed by First Nations. But these benefits are limited somewhat by the 2% INAC fiscal cap on First Nation program expenditures in 1998-99 and the 0% freeze projected for 1999-2000. PPC concerns have been raised with the Minister and COO will continue pressing INAC to revise these projections. The INAC fiscal cap and financial projections have been brought to the attention of the Tripartite Council. All long-term relations between Ottawa, Ontario and the First Nations are dependent upon, and tied to, the development of an appropriate Fiscal Relations Table and an overhaul of INAC’s Financial Transfer Agreement. |
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RCAP COO sees the RCAP Response, Gathering Strength, featuring a Statement of Reconciliation, as an excellent beginning to the creation of a new relationship between Ottawa and First Nations. The office will continue work in unison with AFN to drive the First Nations agenda forward. A series of meetings with INAC Minister Stewart have been promising and COO looks forward to further discussions. The Healing Fund of $350 million over the next four years, approved after a great deal of discussion at a Confederacy meeting in Edmonton, is a positive initiative. However, it is only a beginning and work has to be done to ensure that fiscal caps proposed by INAC are not implemented. The Regional Chief has personally raised these concerns with the Hon. Jane Stewart following a recent ICO Tripartite meeting in Ottawa, March 26, 1998. In the meantime simply getting the Healing Fund up and running will require a great deal of administrative work and cooperative effort from First Nations. Regional Chief Bressette has stated, "...the Statement of Reconciliation is a very good and positive start. However, the challenges we are dealing with have accumulated over decades, even centuries. It will be necessary for both Canada and First Nation governments to work very hard to make the new relationship a reality." A balanced, nation-to-nation process is required to address RCAP in a serious and long term fashion. |
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Protocol Protocol discussions with Ontario resumed at COO offices on April 9,1998 when Judy Moses, Mike Sherry and Dennis Martel met with Yan Lazore, Dan Gaspe and Leslie Kohsed-Curry of ONAS. The meeting was a response to a letter written to ONAS from the Regional Chief, March 4, 1998. The January 9 Protocol Draft Paper was discussed in detail and considerable fine tuning of the language of the agreement was accomplished. Of special concern for COO was the elimination of negative language concerning "limited resources" on the part of Ontario. COO also introduced the inclusion of Fiscal Relations into the agreement, suggesting that the long-term goal of First Nations is to establish jurisdiction over their own resources. Yan Lazore promised to take the suggestion to the province for Cabinet consideration. Wording meant to clarify the roles and responsibilities of COO in future negotiations was also introduced. Special emphasis was placed on Premier Harris’ comments last year that he was prepared to meet with First Nations chiefs on a government to government basis. COO is determined to hold the Premier to his word. This will set the course and establish protocol for future intergovernmental discussions between Ontario and PPC. A revised draft of the Protocol Report will be delivered to COO in time for the April 29, 1998 PPC meeting. |
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Cyberspace Discussions have begun between Maurice Switzer, Director of Communications at AFN, Jamie Hill and Dennis Martel at COO to investigate joint efforts in enhancing Internet, Website, Homepage and other electronic communications systems between AFN and COO. The network will ultimately include all First Nations PTO’s, communities and Aboriginal organizations throughout Canada and across Turtle Island. COO continues to examine the advantages to initiating an expanded role for computer-based information technology to bring First Nations communications into the new millennium. Jamie Hill will be central to implementing plans on behalf of COO and has begun by submitting a proposal for funding to develop a program at the Toronto offices. A joint working group with AFN may soon be implemented to begin an investigation on how a joint program may best be accomplished. In addition, a COO Homepage, already established but not yet fully utilized, will be a significant cornerstone of COO’s initiatives to meet the increasing demands from throughout First Nations territory and elsewhere for information concerning Aboriginal people in Ontario. Many Grand Chiefs have commented over the years that accurate and culturally correct information must be made available for schools and others if our message is to be readily available and fully understood by others. Efficient and effective use of electronic communications, Websites, Homepages and the Internet will be vital components of any future communications strategies for the First Nations. |
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Closing Comments These are some of the positive actions taken by COO over the past ten months. While much progress has been made along our new path it has not been without some difficulty. Over the past year, COO some initiatives have come under harsh scrutiny and, at times, withering criticism. However, all comments - both positive and negative - are welcomed by COO in the spirit of nation building and self government. These challenges will be the focus of an upcoming issue of New Directions. We will undertake a penetrating examination of the challenges faced by COO followed by an explanation and honest appraisal of the actions taken for their resolution. |
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For More Information 344 Bloor Street West, Toronto, ON Tel: (416) 972-0212 Fax (416) 972-0217 systems@chiefs-of-ontario.org |
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