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A Review: All Ontario Chiefs Conference Thomas Bressette, Ontario Regional Chief West Bay First Nation, June 2-4, 1998 |
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Regional Chief Tom Bressette Talks about Ambitious Agenda National Chief Phil Fontaine Calls for Unitied Front Attorney General: Charles Harnick Responds to Concerns Observer Fee Controversy Fiscal Relations Roundtable Fiscal Transfer Arrangement Casino Rama Ontario Works Protocol Forestry Condition #77 Lands for Life Kewayosh Review Conclusion |
Regional Chief Tom Bressette greets Ontario Chiefs after one year in office; National Chief Phil Fontaine calls for a united front in efforts to deal with various levels of government and, Ontario Attorney General Charles Harnick responds to chief's concerns at the 24th Annual AOCC. Regional Chief Tom Bressette opened the 24th All Ontario Chiefs
Conference by suggesting to the chiefs that the agenda facing them
over the next three days was very ambitious. In the end, 40 resolutions
were adopted and eight more referred to caucus to be dealt with
at the AFN meeting June 23-25, 1998. |
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Observer Fees A number of chiefs were concerned over the charging of a $75.00 fee for observors, many of whom were youth and students, at the AOCC. It was explained that this charge was simply meant to help recover some of the costs of hosting the conference but if the Assembly wanted to lower the fee it could be done. A resolution was duly passed reducing observor fees to $10.00 while youth and elders were to be admitted free of charge. |
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Fiscal Relations Roundtable A resolution supporting the strategic planning process to establish a new fiscal relationship based on a government to government negotiation process was unanimously endorsed by the chiefs. The premise of the negotiation is without prejudice to Treaty and inherent rights and Crown fiduciary obligations. It also respects needs-based funding as well as First Nations jurisdiction. The scope of the fiscal relations process will include all fiscal resources provided to off reserve First Nations' citizens and fiscal resources provided by service organizations. The Ontario-wide process is recognized by the First Nations and their regional federations (UOI, NAN, GCT#3, AIAI, Independents) as one which will complement and support their own governance and treaty negotiations. The Planning and Priorities Committee has been mandated by the chiefs to establish a Chief's Committee on Fiscal Relations and a Technical Working Group to be coordinated by the Office of the Chiefs of Ontario. |
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Financial Transfer Arrangement FTA remains
a priority and First Nations, with a few exceptions, have been united
in opposition to it regardless of inducements from INAC. It was suggested a committee be re-established to develop an alternative First Nations fiscal model and to coordinate the political and other activities of the chiefs and PTO's on the FTA issue. There was also support for a law suit against the federal government on the FTA issue as a fall-back in the event that political discussion and pressure prove unsuccessful. A resolution was passed authorizing the creation of a new committee to focus on developing a positive alternative strategy, as opposed to continuing to simply oppose FTA. Otherwise First Nations will be under increased pressure to sign the FTA with no reasonable alternative. |
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Casino Rama Grand Council Treaty #3 did not participate in the discussion or the related resolution vote. Grand Chief Francis Kavanaugh indicated that the provincial jurisdiction connected with the casino was inconsistent with the Treaty and Sovereignty principles at the heart of Treaty #3 governance discussions with the Crown. He indicated Treaty #3 would review its overall position and would communicate with other First Nations at the appropriate time. A panel including Chief McRae, Regional Chief Tom Bressette and Mike Sherry made a presentation on profit distribution from Casino Rama, Lovelace (the Metis Claim) and, the 20% issue. Anishinabek officials tabled material prepared for their AGA at Pic River which included options for a profit distribution formula based on per capita sharing subject to a community floor or based amount. Mnjikaning First Nation tabled a background document of the state of the casino along with an explanation of their urgent need for the 35% share of profits to ensure the casino maintains its competitive edge with Windsor, Niagara Falls and the permanent charity sites. A discussion ensued on the rolling draft with chiefs support, subject to the removal of language dealing with unauthorized casinos on reserve. It was also agreed that it is necessary to work with Ontario to implement the rolling draft and release the money into a First Nations Trust as soon as possible. The Chiefs of Ontario office will continue to work on Lovelace, with an anticipated hearing in the first half of 1999. The 20% litigation will also continue. The final resolution stressed that close cooperation between the PTO's was required to ensure the strongest legal positions would be put forward. |
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Ontario Works A panel presentation by the Regional Chief, Mike Sherry and Liz Thunder reviewed the new provincial policy and legislation explaining it was a follow-up to the massive social assistance cuts implemented by the province in the summer of 1995. The policy mandated, in part, that certain social assistance recipients would be obliged to work in various positions in order to continue receiving benefits. A vigorous discussion followed during which the chiefs denounced the Ontario Works strategy. Some chiefs however indicated they were in the midst of a business plan and negotiations with Ontario on the Works program. The long-term objective might be a bilateral social service arrangement with Canada; however, in the short-term some communities feel it necessary to deal with the province. The chiefs were not supportive of the draft Ontario-Canada agreement to amend the 1965 Welfare Agreement. Most chiefs supported the view that under subsection2(2) of the Agreement, First Nations had a veto over the proposed amendments. Legal options were examined based on written material that had been included in the chief's information package. Another option discussed was to challenge the amending protocol on the 1965 Agreement, in the event the federal government ratifies the protocol. The Regional Chief discussed his work as co-chairperson of the AFN national committee on social security reform. Some of the PTO's participate directly. This work ensures that Ontario First Nations will be aware of all the options in relation to bilateral social service issues. The regional Chief indicated that his objective was to support the social service positions of all PTO's and Independents - a difficult task since not all positions are consistent. As noted in relation to Casino Rama, GCT#3 is re-evaluating its relationship to the Assembly because of its concerns over provincial jurisdiction. This will undoubtedly affect the GCT#3 position on Ontario Works. The chiefs in Assembly duly rejected the unilateral imposition of OntarioWorks. The proposed federal-provincial funding arrangement is inconsistent with the 1965 Welfare Agreement. The chiefs want to see long-term work directed towards a bilateral arrangement on social services. |
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Protocol In spite of difficulties dealing with the current provincial government since its election in June 1995, First Nations continue to meet with it on different issues of mutual interest. These meetings have included sessions between the leadership and several ministers, including the Attorney General and one meeting with the Premier. A second meeting with the Premier and Cabinet for June 10 was re-scheduled tentatively for October following the AOCC. A panel presentation by the Regional Chief, Mike Sherry and Judy Moses pointed out that the draft protocol was largely procedural in content. It had been worked on for almost two years and had been reviewed by PPC on several occasions. The Regional Chief also stated that any further follow-up was to be determined by the chiefs in Assembly. While some chiefs agreed the protocol could be a useful tool in structuring discussions with a difficult provincial government, others expressed the view that signing the protocol would merely give public relations ammunition to the province by allowing them to take credit for moving on First Nations issues. Some chiefs reminded the Assembly that the Statement of Political Relationship (SPR) was still in existence and it is a much more positive document than the protocol. First Nations should take the position that discussions with the province should be structured by the SPR and not the protocol. Chiefs rejected the protocol and called upon the leadership and Ontario to continue based on the SPR. Some chiefs abstained from the resolution based on a rejection of any dealings with the province. Similiarly, GCT#3 did not participate. |
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Forestry Several resolutions were adopted concerning forestry initiatives. There was a need to develop an appropriate national institutional arrangement to allow all interested First Nations to participate in the definition, development and implementation of sustainable forest land management initiatives in a coordinated and consistent manner. The chiefs also supported the development of an agenda at the national level for united action on First Nations forestry issues. |
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Condition #77 The chiefs condemned the Ministry of Natural Resources for breaching its obligations to meet Condition #77 of the Ontario Environmental Assessment Board's decision on Timber Management Planning. Condition #77 called for increased forestry access and greater involvement in related negotiations between the province and First Nations. The chiefs supported any efforts undertaken by First Nations to gain full control of natural resources owed to them under their jurisdictional rights. |
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Lands for Life The chiefs adopted a resolution rejecting the Lands for Life process entirely. They added they will not honour its outcome. The chiefs called upon INAC to honour and exercise its fiduciary responsibilities by intervening in the process. They directed MP Brent St. Denis, through the Standing Committee on Natural Resources and Government Operations, to assist First Nations. Finally, the chiefs resolved to convene a working group composed of First Nations personnel to address land stewardship, jurisdiction and co-management issues from a First Nations point of view. |
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Kewayosh Review Discussions concerning the office review was vigorous and some chiefs took the current administration at COO to task on a number of issues. A resolution was not passed regarding adoption of the Review but the Regional Chief and PPC will examine it more fully to determine which aspects of it may be helpful in restructuring and refining COO office procedures. A number of recommendations concerning renewed lobbying efforts and communications are presently under study and a response will be submitted to the Regional Chief and A/Executive Director by summer's end. |
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Conclusion The staff at the Office of the Chiefs of Ontario, the A/Executive Director and the Regional Chief want to thank the elders, chiefs, councillors, youth and observors who attended the three day meeting. Their participation and enthusiastic discussion contributed to the success of the event. Special thanks are also extended to the technical staff at UOI, GCT#3, NAN, AIAI and the Independents who assisted at the Resolutions Table and elsewhere during the Assembly. Their help was deeply appreciated. |
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