FACT SHEET #3
Decision Making Mandate of The Special Assembly

1. The AFN Charter is crystal clear on the point that a Special Assembly of Chiefs has the same authority as a General Assembly of Chiefs. This is confirmed by practice and convention over the last 20 plus years. There are no provisions in the Charter that limit the mandate of a Special Assembly. Chiefs in General or Special Assembly have the full authority to make decisions on issues facing First Nations.

2. The decision making authority of the Special Assembly in Ottawa on November 19 and 20, 2002, is particularly clear because of the recent history of the fiscal institutions initiative. The 2001 Halifax resolution mandating developmental work on the institutions Bill was invalid because it was not supported by 60% of the Chiefs and proxies in attendance, as per the AFN Charter. In the interest of unity, the invalidity was waived in exchange for the solemn promise that any draft Bill would be brought back to an Assembly for approval, rejection or modification.

3. Therefore, based on the AFN Charter and the 2001 Halifax Resolution, the Chiefs in Special Assembly in Ottawa have the full authority to accept, reject or modify the Bill.

4. There is a procedural scheme to limit the decision making authority of the Chiefs in Special Assembly. In circulation are four draft “Principles” which suggest that the Chiefs only have the mandate to improve or enhance the Bill. They suggest that the Chiefs do not have the authority to reject the Bill, regardless of its effect on First Nation rights. With respect, such “Principles” are not consistent with the AFN Charter and the 2001 Halifax Resolution.

5. The FNFSMA is a major piece of legislation strongly supported by INAC. The draft legislation affects the rights of all First Nations, including the inherent right. In accordance with the Charter, this is a matter squarely within the decision making jurisdiction of the Assembly. That decision making function should be exercised respectfully and with an open mind.