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1Akisqnuk First Nation | November 13th, 2014 |

Land Code Development andReport from the Lands Advisory Board

Chief Robert Louie

PRESENTATION

My presentation will touch upon:

• The historic significance of this land managementinitiative;

• The purpose of the Framework Agreement (FA),and the resulting implementation of communitycontrol over lands and resources;

• Commonly asked questions/concerns; and• Examples of First Nation success stories.

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The purpose of the FA was to enable FirstNations to resume control over their landsand resources for the use and benefit of theirmembers without Government interference,by replacing the land provisions of the IndianAct with First Nation made laws.

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4Hosted by Chippewas of Georgina Island First Nation

The Historic Signing |February 12, 1996

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On January 1, 2000 -- 3 FA First Nations, Georgina Island,Mississaugas of Scugog Island, and Muskoday , began togovern their own lands and resources. This was Historic! 5

One of the FA’s most important features is thatit is entirely community driven.

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Stz’uminus First Nation

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A Land Code provides increased protection for reserveland. There is no loss of reserve land as the reserve landbase can never be diminished, it can however beexpanded as many communities have already done. 7

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The FA is an Economic DevelopmentSuccess Story

A 2009 study, conducted by the international consulting firmof KPMG (which sampled 17 FA communities), found that:

• $53 million investment from member-owned businesses

• $100 million investment from third parties businesses

• >2,000 employment opportunities for band members

• >10,000 employment opportunities for non-memberspumping hundreds of millions of dollars into localeconomies

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The FA is an Economic Development Success StoryIn a 2013 analysis, KPMG reaffirmed the findings of its2009 study on the FA costs and benefits to Canada. KPMGalso noted that of the total of 32 operational FNs in thestudy, NOT one FN wanted to return to the Indian Actbecause land management activities under the FA are:• Faster• Strengthening FN values & vision• Protecting FN legal interests• Providing more flexibility, better lease terms for the FN, & better

accountability of third-parties to the FN• Providing better relationships with financial institutions & the ability to

borrow for capital investments• Facilitating more consistency with the FN Land Use Plan• Increasing the level of interest & participation of Members, as well as

awareness of Community issues• Increasing both internal investment & external investment

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What main factors contribute to thesuccess of the FA?

• designed by First Nations;• negotiated by these First Nations with Canada in 1996;• continues to be driven by First Nations

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The federal government has recognized our rightto self-determination and has continued toprovide support.

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We have grown from a small group of 14 First Nations in1996 to a group of 112 signatory First Nations stretchingfrom Vancouver Island to Newfoundland.

Signatory Communities

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Listing of FA signatory First Nations across Canada.

British Columbia: Shxw'ow'hamel George Gordon Henvey InletAitchelitz Skawahlook Kahkewistahaw Kettle & S. Pt.Akisqnuk Skeetchestn Kinistin Long Lake #58Beecher Bay Skokale Mistawasis MagnetawanCampbell River Sliammon Muskeg Lake M'ChigeengCape Mudge Songhees Muskoday MississaugaChawathil Soowahlie One Arrow MnjikaningCheam Squamish Pasqua Moose Deer Pt.Cowichan Squiala Whitecap Dakota NipissingHaisla Nation St. Mary's Yellowquill Scugog IslandHomalco Stz'uminus ShawanagaKatzie Sumas Manitoba: TemagamiKitselas Tahltan Brokenhead Ojibway WasauksingKomoks Tsawout Buffalo Point Whitefish LakeKwantlen Tsawwassen ChemawawinLeq'a:mel Ts'kw'aylaxw Fisher River Quebec:Lheidli T'enneh Tsleil-Waututh Long Plain Abenakis de WolinakAkisqnuk T'Sou-ke Nelson House Innue EssipitLower Nicola Tzeachten Norway House MashteuiatshMalahat Westbank Opaswayak CreeMatsqui Williams Lake Sagkeeng New Brunswick:McLeod Lake Yakweakwioose Swan Lake KingsclearMetlakatla Madwaska MaliseetMusqueam Alberta: Ontario: Saint Mary'sNak' azdli Alexis Nakota Sioux AldervilleNanoose Fort McKay Algonquins of Pikwakanagan Nova Scotia:Neskonlith Siksika Anishinaabeg of Naongashiing MembertouN'Quatqua Tsuu T'ina Nation BeausoleilOsoyoos Bingwi Neyaashi Anishinaabek Newfoundland:Scowlitz Saskatchewan: Chippewas of the Thames MiawpukekSeabird Island Cowessess DokisShuswap English River Garden RiverShx'wha:y Village Flying Dust Georgina Island

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• First Nation recognized as the Government and real decision maker over their lands andresources

• Removal of reserve lands from the Indian Act• Community control over First Nation land management and development• Inclusion of both off-reserve and on-reserve members in important decisions• increased accountability to members of the First Nation• More efficient management of First Nation land• Recognition of First Nation legal capacity to acquire and hold property, to borrow, to

contract, to expend and invest money, to be a party to legal proceedings, to exercise itspowers and to perform its duties

• Transfer by Canada of previous land revenues to First Nation• Recognition of the right to receive revenue from interests in First Nation land• Protection against arbitrary expropriation of First Nation land• Protection against loss of First Nation land through surrender for sale• Ability of First Nation to protect the environment• Ability of First Nation to address the current vacuum on rules related to land during

marriage breakdown• Recognition of significant law-making powers respecting First Nation land• Removal of the need to obtain Ministerial approval for First Nation laws• Recognition in Canadian courts of First Nation laws• Recognition of right to create modern offences for breach of First Nation laws• Ability to appoint Justices of the Peace• Ability to create a local dispute resolution processes• Establishment of a legal registry system• Establishment of a First Nation run Lands Board to provide technical assistance to First

Nations

COMMONLY ASKED QUESTIONS/CONCERNS:

What do you feel are the pros and cons of FNLM?Pros:

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• Akisqnuk First Nation will take full responsibility for all future decision making and ifwrong decisions are made, could be liable

• Cannot blame anyone else if make future mistakes.• Training – will be a priority, thus staff and financial resources will have to be made

available.• There is no turning back to the Indian Act to get AANDC to take over land decision

making.• Community readiness – Is the community ready for its own FN decision making?• Council/Staff experience – Does Council and staff feel up to the task to be full

decision makers?• Typical growing pains of any government

o Sufficient resourceso Staffo Spaceo Policy and procedural developmento Law making

• Lots of hard work will be required.

COMMONLY ASKED QUESTIONS/CONCERNS:

What do you feel are the pros and cons of FNLM?

Cons:

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• Successful FNLM votes have historically helped to redefine First Nation relationshipswith AANDC. It places the First Nation on a level playing field with municipal,provincial, and Federal departments. The fiduciary obligation of Canada continuesunder the Framework Agreement. The scope of Canada’s obligation is reduced,however, because the First Nation is making the day-to-day decisions regarding itslands. Canada would continue to be involved in any land exchange that might takeplace and for maintaining the First Nations Land Register. AANDC has been, andcontinues to be supportive of communities choosing to ratify their Land Codes andproceed under the FA.

• Over time, there will be less contact with AANDC over land matters

• Lands management funding will be separate and guaranteed annually

• There will be less reporting to AANDC over Akisqnuk’s affairs

• As a result of less reporting to AANDC, Akisqnuk will have more time to go after otherfunding in other areas

• AANDC will look to Akisqnuk as a government and decision maker

• AANDC’s decision making over Akisqnuk’s affairs will disappear

• With Akisqnuk being the decision maker, AANDC typically will extend more respect toAkisqnuk

COMMONLY ASKED QUESTIONS/CONCERNS:

How will a successful FNLM vote affect Akisqnuk’s relationship withAANDC?

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• Some First Nations go completely off the radar and AANDC remains the decisionmaker over its affairs

• If the first vote is reasonably close, the First Nation will have to convince AANDC thata second vote will likely be successful

• If AANDC is persuaded to allow a second vote, the FN will have to cover almost 100%of the costs to get a second vote. In some cases, AANDC will agree to cover theVerifier and ratification vote costs. This is dependent on funding being madeavailable

• Extensive lobbying to get to a second vote will be required by the FN and the LandsAdvisory Board/Resource Centre.

• The process could take several years.

COMMONLY ASKED QUESTIONS/CONCERNS:What is the process in the event the FNLM vote is unsuccessful?

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The Land Code process isn’t just about development, it’s also about:

• Becoming self sufficient in the governance and management of First Nation Lands andResources

• Protecting Reserve lands for future generations as the First Nation sees fit

• Reclaiming the responsibility that the Indian Act took, over First Nation lands andresources

• Enhancing the First Nation Government, including a Lands office

• Putting important decisions about lands and resources in the hands of communitymembers instead of Government of Canada Ministers and Bureaucrats.

COMMONLY ASKED QUESTIONS/CONCERNS:Why develop a land code if the membership

does not want to develop their lands?

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• Absolutely! Perhaps the most crucial part of any Self Government agreementor Treaty is control and decision making over the lands and resources.

• A framework of the Law making process has to be developed

• Community input into the laws making process has to be obtained and whatbetter way than the FNLM process

• Time and extensive energies will be spent developing a framework of lawmaking process. All that is valuable and necessary and will help in self-government and treaty

• The experience of other First Nations has proven that the benefits of goingthrough the FNLM process have been not only helpful but beneficiallynecessary to advancing self-government and treaty negotiationsdramatically.

COMMONLY ASKED QUESTIONS/CONCERNS:Is there a benefit of going through the FNLM process on the way

to either self government or Treaty?

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• No, these are two separate processes. The Framework Agreement is nota treaty and does not affect any treaty rights or negotiations currentlyunderway.

COMMONLY ASKED QUESTIONS/CONCERNS:Does FNLM effect the progress that the band has made in our Treaty

process with the Federal and Provincial governments?

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FA First Nation Success Stories

Nipissing First Nation22

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Nipissing Nation takes great pride in the in-migration ofcommunity members who are returning to Nipissing totake advantage of the many employment opportunitiesavailable to them.

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Since the ratification of their Land Code, Nipissing FirstNation has:• seen its reserve size more than double, and provisions

under specific agreement may in the future see anotherincrease of 106,800 acres on 3 additional Nipissingreserves. (It has the ability to grow even larger, but underthe FA cannot be diminished!);

• seen a job increase of over 600 positions;

• achieved confidence and capacity building in other self-government initiatives;

• developed multiple new laws, economic developmentstrategies, and other positive and influential governancepractices to the benefit of the Nipissing people.

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Whitecap Dakota First Nation25

Through accountable, transparentgovernance, economic development,stable land tenure management andpartnerships, the WDFN has:

• attracted over $100 million in capitalinvestment

• created over 700 jobs• generated over $90 Million in annual

revenue• attracts over 1.4 million tourists

annually• has seen an unemployment reduction

from 67% in 1993 to 5% in 2011

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Westbank First Nation

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• Largest residential & commercial development of anyreserve in Canada

• More land and lease transactions than any reserve inCanada

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Future WFN Projects• 82 bed, and 10 operating rooms, Okanagan

Integrated Health Centre and related healthservices ($130 million dollar first phase) whichwill be the first private medical facility of its kindin Canada

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Consider these statistics:

• More than one out of every five First Nations inCanada want to implement self-determinationunder the FA;

• Hundreds of millions of dollars are beinginvested in economic development projects onFA First Nations’ reserve lands; and thereby

• Canada is receiving a financial return ten timesthe dollars that the federal government isinvesting in the FA process.

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The FA First Nations have accomplished all of thissuccess without risking the integrity, legalprotection, jurisdiction or control over their lands.We have proven, unequivocally, that financialinstitutions, investors and third-parties support usin maintaining and protecting our reserve lands.

This process is working for us, and it will work forour children, and it will work for their children.

Stz’uminus First Nation

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Congratulations to the following communities onthe ratification of their community Land Codes:

Shuswap Indian Band (Invermere, BC) Vote Date: September 5, 2014

Haisla First Nation (Kitamaat, BC) Vote Date: June 28, 2014

Williams Lake Indian Band (Williams Lake, BC) Vote Date: May 7th, 2014

St. Mary’s Indian Band (Cranbrook, BC) Vote Date: April 15, 2014Bingwi Neyaashi Anishinaabek (Thunder Bay, ON)

• Vote date: March 29, 2014One Arrow First Nation (Bellevue, SK)

•Vote date: March 28, 2014Skowkale, Yakweakwioose, & Aitchelitz (Sto:lo Nation, B.C.)

•Vote date: Dec. 14, 2013Stz’uminus First Nation (Ladysmith, B.C.)

•Vote date: Dec. 6, 2013Dokis First Nation (Dokis, ON)

•Vote date: Nov. 30, 2013Dokis First Nation vote day!

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Any First Nation, if it wishes, should have theopportunity to participate in this landmanagement initiative.

The LAB is committed to assisting all FirstNations in achieving their desired goal ofexercising their inherent right to control theirreserve lands and resources.

THANK YOU!