|
 |
|
|
 |
|
November 12, 2002
Newsletter on First Nations Fiscal and Statistical Management Act
(FNFSMA) |
| |
|
| |
UPCOMING
MEETINGS
November
19 & 20, 2002
AFN Special Chiefs Assemblyon
Fiscal Relations
Fairmont Chateau Laurier Hotel
Ottawa, ON
November 19, 2002
7:00 – 9:00 PM
Ontario Chiefs Caucus
Fairmont Chateau Laurier Hotel “Canadian Room”
Ottawa, ON
November 16,
17 & 18, 2002
Implementation Committee on the Protection of Treaty
& Inherent Rights Pre-Meetings
Westin Hotel – Ottawa, ON |
Ontario
Position
The Chiefs of Ontario position on Fiscal relations in Resolution
01/39 – First Nations Financial Institution Act,
which was unanimously endorsed at the All Ontario Chiefs Conference
held in Bkwejwanong Territory, June 2001 states:
- To reject the First Nations Financial Institution Act,
based on its content and based on the current process, which
violates the constitutional standard of fair and reasonable
consultation, and
- To instruct the AFN to reconsider its entire approach
to the fiscal relations issue, which should be based on
First Nations rights, and not the Indian Affairs agenda
of taxation, own source revenue, and external accountability
- To instruct the AFN to make a full report on the reconsideration
of the fiscal relations issue to a Confederacy meeting with
six months of the National Assembly in Halifax
- To establish a representative technical committee with
a mandate to
|
|
| |
|
| |
Background on the
FNFSMA
On August 15, 2002 the consultative draft FNFSMA was unveiled at
a Press Conference by the Indian Affairs Minister and Manny Jules,
AFN Chiefs Committee on Fiscal Relations (CCFR) representative,
as an instrument that will make First Nation communities more financially
independent and attractive to investors by creating four fiscal
institutions:
- Tax Commission
- Financial Management Board
- Finance Authority4. Statistical Institute
The five implementation steps are: 1) Consultative Draft Process 2)
Introduction of Bill in Parliament 3) Committee Process 4) Enactment
of Legislation and 5) Implementation of Institutions. The Minister
will table the draft FNFSMA in Parliament this fall after he discusses
it with First Nations, provincial & territorial governments, and
investors.
The National Conference on Fiscal Relations, September 26 & 27,
2002, hosted by the CCFR in Squamish Nation BC is considered as part
of the 1st step when the “consultative draft” of the FNFSMA
was provided. A welcome letter outlined 3 key conference objectives:
1) to provide an opportunity to describe each First Nation Fiscal
Institution in the context of the FNFSMA; 2) to provide clarification
& information on the provisions of the FNFSMA and; 3) to inform
First Nations of some of the research the CCFR has undertaken in improving
First Nations fiscal transfers. Critical analyses or highlights of
the consultative draft were not provided. Nor was there an opportunity
to review and approve the draft bill. |
| |
|
| |
September to Present
- Key Meetings & Conference Calls on Fiscal Relation Matters:
- September 25, 2002 – AFN Executive – Vancouver,
BC - Presentation of Six Nations & Ontario Positions
- September 26 & 27 2001- Squamish Nation, BC – National
Conference on Fiscal Relations
- October 10, 2002 – AFN Executive Teleconference –
Ontario position presented again
- October 24, 2002 – Saskatoon, SK – Joint AFN Executive,
Chiefs Committee on Fiscal Relations & Implementation Committee
on the Protection of Treaty & Inherent Rights Meeting called
by the National Chief for a unified approach
- November 4, 2002 – AFN Executive Teleconference –
Review of Draft Agenda & Guiding Principles for the AFN SCA
- November 7, 2002 – AFN Executive Teleconference –
Selection of Conference Chairs for the AFN SCA
The Implementation Committee on the Protection of Treaty &
Inherent Rights called for a Special Chiefs Assembly before and
after the National Conference on Fiscal Relations by letters, phonecalls
and on the conference floor. The request was based on the commitment
made to former AIAI Grand Chief by BC AFN Vice Chief and Manny Jules
at the Halifax AFN AGA 2001 that there would be an opportunity for
the Chiefs to approve or reject any draft bill. This has not happened
yet. Hence, a decision was made to proceed with an Emergency Gathering
of Chiefs in Ottawa on November 19 & 20, 2002 to provide the
Chiefs with the opportunity to review the draft FNFSMA& the
federal legislation suite. An invitation letter to all Chiefs was
sent. Dates and a venue were selected. After the Joint Meeting on
October 24, 2002 in Saskatoon, SK a positive AFN Executive decision
was made to endorse the proposed Emergency Gathering of Chiefs.
AFN also took responsibility for the Special Chiefs Assembly. |
| |
|
| |
AFN SPECIAL CHIEFS
ASSEMBLY ON FISCAL RELATIONS
Draft Agenda & Guiding Principles:
The AFN Fiscal Relations Unit prepared the draft agenda and guiding
principles for the Special Chiefs Assembly based on the CCFR’s
direction. The Chiefs of Ontario and the Implementation Committee
unsuccessfully advocated for an agenda that would provide a broader
picture in relation to federal legislation suite vs. our inherent
and treaty rights. The guiding principles were prepared to prevent
the bill from being killed and were approved by the AFN Executive
in a teleconference call on November 4, 2002. Ontario did not support
this decision because it appears to limit the authority of the Chiefs.
- Recognition
- Diversity
- Accommodation
- Enhancement
If the Chiefs accept these principles this will mean that the Special
Chiefs Assembly will be focused on changes to the bill as opposed
to accepting or rejecting the bill. Some First Nations are setting
up proxy drives in case the fiscal relations package is put to a
vote. Initial analyses show that the draft bill is part of the overall
federal agenda of assimilation & termination and is linked with
FNGI that will undermine our inherent and treaty rights. We encourage
you to attend this very important national assembly to hear first
hand the merits and impacts of the FNFSMA that will enable you to
make an informed choice and to have your voice heard. If
you are unable to attend the Special Assembly, we encourage you
to provide a proxy. |
| |
|
| |
| Legal Analyses on Fiscal Relations by Michael Sherry
and the Mississaugas of New Credit is available at our office and
on our website at http://www.chiefs-of-ontario.org |
| |
|
| |
FOR MORE INFORMATION CONTACT:
Rosie S. Mosquito – Senior Policy Advisor, Chiefs of Ontario:
Phone 807-626-9339 or
Sara Neuert – A/Executive Director, Chiefs of Ontario: Phone
519-750-1016 |
| |
|
|
|
|
|
|
