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Association of Iroquois
and Allied Indians

First Nations of Treaty

Independent First Nations
Nishnawbe-Aski Nation
Political Confederacy
Union of Ontario Indians

May 16, 2002

Federal Legislative Agenda, 2002
 
 
1. FIRST NATIONS LAND MANAGEMENT ACT (FNLMA): The FNLMA, passed in 1999, allowed 14 First Nations to opt out of certain Indian Act provisions to develop management regimes, subject to many restrictions. The FNLMA was based on the commitment it would only apply to the original charter group of 14 First Nations. INAC is now proposing to amend the FNLMA to open it up to all First Nations across Canada as a national standard or template.

2. INDIAN CLAIMS BODY (ICB): INAC and First Nation representatives have developed an Independent Claims Tribunal model with binding authority over claims that will replace the specific claims commission. INAC wants to cap the financial settlement authority of the Tribunal to $5 million. There is a risk INAC will proceed to legislation in spite of First Nation opposition to the cap.

3. FIRST NATIONS GOVERNANCE ACT (FNGA): INAC plans to table the FNGA Bill to Cabinet on May 21 despite overwhelming First Nation opposition. The FNGA will municipalize First Nations through incorporation; impose national standards in areas of accountability, elections, and local government structure; undermine the inherent right of self-government guaranteed in section 35 of the Constitution Act, 1982 and, will fundamentally alter our relationship with the Crown as established by our ancestors.

4. FISCAL INSTITUTIONS According to INAC these 4 institutions are intended to strengthen First Nation fiscal capacity:

a) FIRST NATION TAX COMMISSION - The proposal is to give a legislative mandate to the Indian Tax Advisory Board (ITAB) which has been around since the Kamloops amendments to section 83 of the Indian Act in 1988. This commission apparently will provide alternative revenue sources. The pro-tax agenda is only supported by a small number of First Nations. There is no justification for national legislative entrenchment of this regional model.

b) FIRST NATION FINANCE AUTHORITY -The proposal is to create a national Finance Authority through legislation to clarify borrowing authority. The Authority would pool investment funds and debt, possibly through First Nation bonds for trading in the international market. There is a small number of First Nations in BC involved in a municipal style investment operation. First Nations would be expected to participate in local taxation schemes approved by the Tax Commission.

c) FIRST NATION MANAGEMENT BOARD - The Board will provide independent accounting and other services for First Nations. It is likely the Board will harmonize the standards with those that will be imposed through the FNGA. The Board would work closely with the Tax Commission and the Finance Authority. This legislative model is promoted by a small number of First Nations.

d) FIRST NATION STATISTICAL INSTITUTE - The proposal is to legislate a Statistical Institute. First Nations involved with the Tax Commission, Management Board and/or Finance Authority will be required to provide information (eg. population and economic growth) to the new Institute. It is likely that Canada will not use this information to meet its Treaty and other constitutional obligations. Rather, underlying it all is the taxation, own source revenue, and accountability agenda of INAC, including the FNGA.

5. EDUCATION ACT: INAC is apparently considering legislation on First Nation education. Little is known because First Nation leaders and education experts have not been consulted. A background factor may be the Social Union Framework, a federal/provincial deal which called for the shifting of social and education programs. There is a risk that any new legislation will reduce federal responsibility for First Nation quality education.

 
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