What is the Initiative?

The so-called Governance Bill or Governance Initiative was developed in secret by Indian Affairs in early 2001. It was sprung on First Nation leaders in April. The written material provided so far is sketchy. However, the main elements of the Initiative are clear enough. These elements, relating to accountability and transparency will be drafted by the Department of Indian Affairs and Northern Development into the legal text of a Bill (or draft statute) for review by Parliament this fall.

The Initiative proposes a complicated and far-reaching set of amendments to the Indian Act. These amendments are not optional. They will be imposed on practically all First Nations. Among other things, it appears that the Initiative will contain the following: (1) expensive appeal rules for all Council decisions; (2) rules making it easier to sue First Nations; (3) expensive new election rules; (4) public disclosure of sensitive financial information; and, (5) legal and political participation rights for all on-reserve non-members, including non-Aboriginal people. The Initiative entrenches a municipal model of local First Nation government by imposing a mountain of red tape.

Many of the changes are a statutory codification of the worst aspects of the Indian Affairs financial agreements (i.e. the one-year Comprehensive Funding Arrangement, or CFA, and the multi-year Canada First Nations Funding Arrangement, or CFNFA).

It is anticipated that First Nations will be liable for the entire cost of the Bill assuming it becomes law. For many this will be disastrous, given massive federal under-funding since 1997.

The Consultation Process

The Indian Affairs consultation model for the Initiative violates the partnership approach developed over the past 20 years supported by Supreme Court decisions like Sparrow and Delgamuuk. On something of fundamental importance like local government structure, the consultation should be deliberate, methodical, and respectful. The report of the Royal Commission on Aboriginal Peoples (RCAP) consulted for several years before coming up with its groundbreaking recommendations.

The consultation process designed by Indian Affairs is very poorly suited for First Nations. The relatively "open" part of the consultation will be over almost before it starts. The full legal text of the Bill will be tabled in Parliament in the fall, perhaps as early as September. At that point, according to parliamentary convention, the government of Canada will be committed to the Bill in principle, and the ability to make any significant change(s) will be practically impossible. Only the mop-up detail will be left open for First Nation comment and restricted to the principles contained in the Bill (e.g. regulations).

The "open" consultation period will occur during the summer months (June to August 2001). Indian Affairs has prepared teams of officials to visit First Nation areas and convince people that the Initiative is a good thing. They may visit your area. At the same time as the local consultation, federal lawyers in Ottawa will be drafting the Bill in secret.

Indian Affairs has bypassed the First Nation leadership. Minister Nault has dismissed the concerns of leaders as "myths" and "rumours". He is proceeding despite the rejection of the Initiative by the Chiefs of Ontario and the Assembly of First Nations. Instead, INAC is appealing to off-reserve Aboriginal people, non-government organizations (NGO's), municipalities, and the provinces to participate in the consultation process.

The Initiative tinkers with the Indian Act. Federal fiduciary responsibilities are reduced and First Nation (un-funded) liabilities are increased. First Nation priorities are systematically ignored. The Initiative does not deal with the following: (1) federal under-funding; (2) access to lands and resources; (3) Treaty implementation; and, (4) the exercise of independent jurisdiction. The Initiative undermines the inherent right of self-government affirmed in S.35 of the Constitution and the partnership promised by Canada in the 1998 Gathering Strength response to the RCAP report.

If you agree that the Initiative imposes a flawed consultation process; ignores First Nation priorities and will result in further costs to our communities, please phone, write and/or e-mail the Minister.

Address:
21st Floor, Suite 2100
10 Wellington Street
Hull, Quebec K1A 0H4

(819)997-0002 Tel
(819)953-4941 Fax
minister@inac.gc.ca

As a follow-up to the rejection of the Initiative at the Special All Ontario Chiefs Conference of May 1-2 in Ottawa, a Technical Committee has been formed with a mandate to monitor developments and keep First Nations informed. The Committee will be circulating further material for your review, such as bulletins, letters, and petitions.

We thank you in advance for your cooperation.

For further information please contact the Chiefs of Ontario or your regional office

CHIEFS OF ONTARIO
Administration Office
188 Mohawk Street
Brantford, Ontario
N3S 2X2

(519)750-1016 Tel
(519)750-1316 Fax

or

Political Office
Suite 101, 90 Anemki Drive
R.R.# 4, Site 6, Comp 35
Thunder Bay, Ontario
P7J 1A5

(807)626-9339 Tel
(807)626-9404 Fax

PTO

Association of Iroquois and Allied Indians
(519)434-2761 Tel
(519)679-1653 Fax

Grand Council Treaty #3
(807)548-4214 Tel
(807)548-5041 Fax

Independent First Nations
(519)627-1481 Tel
(519)627-0440 Fax

Nishnawbe Aski Nation
(807)623-8228 Tel
(807)623-7730 Fax

Union Of Ontario Indians
(705)497-9127 Tel
(705)497-9135 Fax