jody wilson-raybould cc-soc presentation dec 2013

7/23/2019 Jody Wilson-Raybould CC-SOC Presentation Dec 2013

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Du 10 au 12 dcembre 2013 Gatineau Qubec)ecember 10 -12, 2013 Gatineau, Quebec

ASSEMBLE DES PREMIRES NATIONSAssemble extraordinaire des Chefs

ASSEMBLY OF FIRST NATIONS

BEYONDCOMPREHENSIVECLAIMS

~NATIONREBUILDING& DEVELOPINGANEW

FEDERALFRAMEWORKFORRECONCILIATION

BASEDONRECOGNITION~December 2013


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The Need for Reconciliation

Special Chiefs Assembly 2013 Assemble extraordinaire des Chefs 2013

Reconciliation between Aboriginal Peoples and the Crown is about

sovereignty and involves reconciling the reality of the prior

occupation of North America by distinctive aboriginal societies

with the assertion of Crown Sovereignty over Canadian territory.(Van der Peet)

The fundamental objective of the modern law of aboriginal and

treaty rights is the reconciliation of Aboriginal peoples and non-Aboriginal peoples and their respective claims, interests and

ambitions. (Mikisew)


ASSEMBLE DES PREMIRES NATIONS


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Getting Ready for Reconciliation


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What Canada needs to do


1. Adopt principles of recognition and reconciliation based on section 35, reflect the state of the

law, and where Canada acknowledges the historical rights of our peoples as the starting point for

reconciliation.

2. Draw a distinction between the core of Aboriginal rights and title that are implemented without

any negotiations and non-core that require negotiations with our respective Nations.

3. To operationalize the principles of recognition and reconciliation, adopt a broad, government-

wide (horizontal) reconciliation framework that would apply to all departments and officials and

guide Crown conduct in engagement with our Nations.

4. Support a range of reconciliation options and transition tools in furtherance of Nation rebuilding,

including the negotiation of modern treaties, cooperative agreements and other constructive

arrangements.

5. Review all federal laws and policies from the perspective of the principles of recognition and

reconciliation to address inconsistencies and deficiencies.

6. To ensure federal officials have the authority/mandates to engage and reconcile based on all the

options available.




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What our Nations need to do


1. Each Nation to develop its vision and strategy to support Nation rebuilding and

implementing Aboriginal title and rights, including treaty rights.

2. Determine structures and institutions of core governance (post-Indian Act). For

example, development of a constitution.

3. Determine land base, where appropriate, of the Nation and address any issues of

exclusivity and/or overlap/shared territories with neighbouring Nations.

4. Determine areas of jurisdiction that Nation seeks to exercise and the policies of the

Nation guiding the exercise of that jurisdiction (including any laws).

5. Consider where aggregation with broader tribe or group may be warranted for

particular jurisdiction and what machinery of government is required.6. Ensure process for community engagement to develop and then ratify (legitimize)

Nation rebuilding work.

7. Identify plans and priorities that require reconciliation negotiations with the Crown.




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Role of the AFN


1. To assist our Nations in their Nation rebuilding work through, for example, the

sharing of information, providing tools, and by encouraging dialogue between

and among our Nations.

2. To create the space through advocacy and lobbying for our Nations (eitherindividually or in groups) to engage directly with the Crown in the advancement

of their own reconciliation objectives and priorities when they are ready, willing

and able.

3. With respect to Nations with unextinguished Aboriginal title, to shift current

federal policy falsely premised on our Nations making claims to a policyframework based on principles of recognition and reconciliation.




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Senior Oversight Committee on Comprehensive Claims


January 24, 2012 Crown-First Nation Gathering Fall / Winter 2012/2013 Political Protest /Idle No More January 11, 2013 Meeting with Prime Minister agrees to establish

high level oversight. Senior Oversight Committee on Comprehensive

Claims (CCSOC) established soon thereafter

February / December 2013 CCSOC meets 8 times (Feb 11, March 14,May 1, July 3, Aug 16, Sept 13, Oct 25, and Dec 6)

October 16, 2013 Speech from the Throne Canada commits to

continue dialogue on comprehensive land claims November 7, 2013 Draft Principles Respecting the Recognition and

Reconciliation of Section 35 Rights released by CCSOC

December 1, 2013 Terms of reference for CCSOC expired.Recommendations being finalized.

ASSEMBLY OF FIRST NATIONS ASSEMBLE DES PREMIRES NATIONS


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CCSOC Terms of Reference


Objective:

Based upon the principles of recognition and reconciliation, to

examine Canadas various policies respecting comprehensiveclaims (CCP) to more efficiently and effectively reconcile the

section 35 rights and interests of Aboriginal peoples with the

rights and interests of all Canadians and propose options to

renew, update or reform the policy framework to moreeffectively address section 35 rights in Canada.



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DRAFTFEDERALPRINCIPLESRESPECTINGTHERECOGNITIONAND

RECONCILIATIONOFSECTION35 RIGHTS

NOTE: THESEARENOTPRINCIPLESTOBEADOPTEDBYTHEAFN, BUTRATHERAREPRINCIPLESTHATWEREDISCUSSEDATTHECCSOC ANDTHATCANADAWOULDADOPTTOGUIDEITSFUTUREENGAGEMENTWITHOUR

RESPECTIVENATIONS


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1. Canada recognizes that reconciliation is a fundamentalobjective of section 35 of the Constitution Act, 1982

2. Canada recognizes that Aboriginal peoples have existingsection 35 rights and it is on this basis that reconciliationprocesses occur. Section 35 rights include both Aboriginalrights, including Aboriginal title, and treaty rights

3. Canada recognizes that the reconciliation of section 35 rightsis not limited to comprehensive modern treaties, but mayinclude other forms of agreements and constructiveagreements, without the need for extinguishment


DRAFTFEDERALPRINCIPLESRESPECTINGTHERECOGNITIONANDRECONCILIATIONOFSECTION35 RIGHTS


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Special Chiefs Assembly 201 3

Assemble extraordinaire des Chefs 2013

4. Canada recognizes that the honour of the Crown is a guidingprinciple for the conduct of the federal Crown in all federalprocesses for achieving reconciliation with respect to section35 rights

5. Canada recognizes that the honour of the Crown gives rise tothe duty to consult and, where appropriate, accommodatewhen the Crown contemplates conduct that may adversely

affect potential or established Aboriginal or treaty rights6. Canada recognizes the importance of implementing modern

treaties in a manner which upholds the honour of the Crown


DRAFT

FEDERAL

PRINCIPLES

RESPECTING

THE

RECOGNITION

AND

RECONCILIATIONOFSECTION35 RIGHTS(CONTD)


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DRAFTFEDERALPRINCIPLESRESPECTINGTHERECOGNITIONANDRECONCILIATIONOFSECTION35 RIGHTS(CONTD)


7. Canada recognizes that reconciliation requiresjustification for any infringements of section 35 rights

8. Canada recognizes that reconciliation can lead toeconomic prosperity

9. Canada recognizes the importance of working jointlywith Aboriginal groups to identify timely and effectiveprocesses for the negotiation of modern treaty and

other constructive arrangements that address section35 rights

10. Canada recognizes that reconciliation is an ongoingprocess that occurs in the context of evolving Crown-Aboriginal relationship



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Towards a New Federal Framework forReconciliation

Note:This is not a Reconciliation Framework that would beadopted by the AFN but rather is a draft conceptual outline of

what a federal Reconciliation Framework might look like.

Canada has not yet agreed to develop such a frameworkbut

has agreed that the principles of recognition and reconciliation

would need to be operationalized.


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Possible outline for a new federal Reconciliation Framework: Purpose Context Application Vision/Goals Recognition Principles Applying the Principles

Interpret and change federal laws, regulations andpolicies

To change negotiation mandates To change litigation mandates To change departmental plans and priorities



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Paths to Reconciliation/Examples of Tools: Treaties, cooperative agreements and other constructive arrangements

Federal policies

Political accords

Legal enactments (proclamations, new legislation, and amendments to

existing legislation)

Types of Agreements

Federal Legislation

Transition from the Indian Act

Provincial Territorial Relations Administration / Dispute Resolution

Reconciliation Conferences



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1. Federal adoption of Principles respecting therecognition and reconciliation of section 35

rights2. Acceptance of specific recommendations

regarding (a) shared territories, (b) legalreconciliation techniques, & (c) governance

3. Working towards a commitment to a broader,government-wide, federal framework forreconciliation

Summary of CCSOC Recommendations


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Moving Forward


Continue to support our Nations and theNation rebuilding agenda and the use ofmultiple strategies.

Holding additional regional strategy sessionsacross Canada AFN, other PTOs and ourNations

Political advocacy to maintain pressure forreforms to federal policy and legislation

Coordination with Treaty Implementation SOC


jody wilson-raybould cc-soc presentation dec 2013

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