The Minister of Indian Affairs has introduced the first three bills of the “suite of legislation” in Parliament. These bills will have tremendous negative impacts on First Nations. The Chiefs at the Assembly of First Nations Special Assembly held in November 2002 passed resolutions rejecting the Federal Government’s Suite of Legislation in favour of AFN’s preferred alternative.

BILL C-6: An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation resolution of specific claims and to make related amendments to other Acts

In September, in the new session of Parliament, Minister Nault reintroduced Bill C-6 into the House of Commons. It was then immediately referred to the Committee where it was rushed through the Liberal dominated Standing Committee on Aboriginal Affairs in three days allowing testimonies in only three sittings. First Nations were only allocated 6.5 hrs. The National Chief and other First Nations were given five minutes to make their presentations while many others were denied their requests. The testimonies from First Nations unanimously state the Bill is inadequate. Some First Nations proposed amendments to the bill. The majority of First Nations, however, stated the bill is fundamentally flawed and should be withdrawn and to resume negotiations with the Federal Government which reflected the national position. The Liberals used its majority to ram Bill C-6 despite the opposition of First Nations.

The AFN Chiefs Committee on Claims held a lobby on the Hill during the AFN Confederacy in December 2002. Strategies for the delay of this bill are being implemented through a continuing lobby with the parliamentarians.

BILL C-7: An Act Respecting Leadership, Selection, Administration, and Accountability of Indian Bands and to make related amendments to Other Acts

The Minister of Indian Affairs has made Bill C-7, the FNGA, the centerpiece of his suite of legislation. This Bill was re-tabled in the House of Commons on October 9, 2002 for the First reading. It was then referred to the Standing Committee on Aboriginal Affairs, Northern Development, and Natural Resources (SCAA) for hearings on the Bill. This is a departure from usual procedure that will presumably allow the Committee greater latitude in making amendments to the Bill and to provide the second round of ‘consultations’ to First Nations according to the Nault plan.

Both AFN and COO urged the Committee to conduct extensive hearings in First Nations across the country to eliminate additional financial burdens to First Nations wishing to be heard. The Committee opted for a limiting schedule with hearings to be held in 20 urban locations. The Committee will not hold any hearings in any First Nations, yet another example of total disregard to First Nations who will bear the brunt of the legislative impacts. The Committee will hold hearings in Ottawa from January 27 – February 14. Hearings across the country are slated from February 17 – March 31, 2003. Most of the presenters selected for the Ottawa based hearings appear to be those who are in favour of the federal legislative agenda for First Nations and who will not be directly impacted by the proposed legislation. This observation supports questions regarding the independent status of the Standing Committee. COO will make a presentation to the Committee either in Thunder Bay or Toronto. The targeted timeframe for hearings that will be held in Toronto, Sudbury and Thunder Bay is March 16 – 21, 2003.

COO lobby efforts and political action will continue to focus on the withdrawal of the Bill and the suite of legislation in favour of our own alternatives supported by many recommendations in the 1983 Penner Report, 1996 RCAP Report and current case law including the Delgamuukw and Marshall Decisions

BILL C-19: First Nations Fiscal and Statistical Management Act

At a Press Conference on August 15, 2002 the consultative draft FNFSMA was unveiled. This proposed legislation will presumably make First Nation communities more financially independent and attractive to investors by creating four fiscal institutions for First Nations: 1)Tax Commission, 2) Financial Management Board, 3) Finance Authority, and 4) Statistical Institute. Five implementation steps were also outlined: 1) Consultative Draft Process 2) Introduction of Bill in Parliament 3) Committee Process 4) Enactment of Legislation and 5) Implementation of Institutions.

The consultative draft was tabled in Parliament as Bill C-19 on December 2, 2002. . The bill is on the order papers for Second reading on January 29, 2003. It is presently not known whether this Bill will be referred to the Standing Committee on Aboriginal Affairs or the Standing Committee on Finance. There is a concern that the passage of Bill C-19 will be fast tracked if it is referred to the latter. The ongoing parliamentary activity will be monitored.