24 YEARS OF DECOLONIZATION - First Nations Land ...

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24 YEARS OF DECOLONIZATION - First Nations Land ...
2019-20 Annual Report

                        24 YEARS OF DECOLONIZATION
24 YEARS OF DECOLONIZATION - First Nations Land ...
CONTENTS

                                                                  4. WELCOME                          60. FACTS & FIGURES
                                                                  •   A Message from our Chairman     •   Historical Time-line
                                                                                                      •   First Nation Signatories
                                                                  10. LANDS ADVISORY BOARD (LAB)
                                                                  •   LAB Directors                   64. 2019 LAB AWARDS
                                                                  •   LAB Primary Responsibilities
                                                                  •   LAB Activities 2019-20          66. FINANCIALS
                                                                  •   LAB AGM 2019 Recap
                                                                                                      66. CLOSING
                                                                  18. RESOURCE CENTRE (RC)
                                                                  •   A Message from our RC Chair     68. APPENDIX A:
                                                                  •   2019-20 Year in Review          •   2019-20 Financial statements
                                                                  •   A Message from the
                                                                      RC Executive Director

                                                                  32. RC SERVICES OVERVIEW
                                                                  •   Finance, IT, & Administration
                                                                  •   Law-making, Enforcement, &
                                                                      Environment
                                                                  •   Operations: Field Support
                                                                      Services, HR, & Communication
                                                                  •   Planning and Readiness: TMPD,
                                                                      Land Use, & Knowledge HUB

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24 YEARS OF DECOLONIZATION - First Nations Land ...
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           A MESSAGE FROM
           OUR CHAIRMAN

24 years of building self-government
through the Framework Agreement
on First Nation Land Management
(FAFNLM)

I am pleased to present the 2019-20 Lands
Advisory Board (LAB) Annual Report for this,
the 24th year of the FAFNLM. Together, our
nations from coast to coast have re-established
and built lands governance from the ground
up according to their needs. I am pleased to
have worked alongside so many First Nation
communities over the years, bearing witness to
what has been accomplished and the positive
transformation that has taken place in so many
First Nations.

The 2019-20 fiscal year was hectic and
challenging, one in which we had to face a global
pandemic, COVID-19. First Nations implemented
emergency measures to protect their members,
with many instituting “lockdown” procedures                                                                 ROBERT LOUIE, LAB CHAIRMAN
thus closing traffic into their communities.                                                                        (WESTBANK FIRST NATION)
In addition, First Nations followed national
guidelines with respect to social distancing and
the prohibition of public gatherings.

In the midst of these unprecedented measures,
the community of Moose Deer Point managed                                                                    Robert Louie has served as
to successfully hold their land code vote and
                                                                                                             Chairman of the LAB since 1991. As
become the 95th operational signatory to the
Framework Agreement. Moose Deer Point,                                                                       Chief of the Westbank First Nation
descendants of the Pottawatomi, located in the                                                               for 24 years, he was instrumental
Georgian Bay area in Ontario was likely the
first community to face the toughest challenge                                                               in guiding his community to the
any community has had to face with a land                                                                    ratification of the Westbank First
code vote to date. With the hard work we have
become accustomed to seeing, Moose Deer Point
                                                                                                             Nation Land Code in 2003.
built on the community work leading up to 2020
and used an electronic voting system to engage
their members and pass their land code.
24 YEARS OF DECOLONIZATION - First Nations Land ...
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                                                                                               authority made possible by the FNLMA. To      reputation for enabling positive change
                                                                                               help fix this problem, this past year and     can happen. The Framework Agreement
Along with Moose Deer Point, 2019-20            impact of moving away from the Indian          into 2020-21, the LAB has and will continue   will continue to be a solid option for First
saw 13 yes votes in total across Canada,        Act cannot be understated. Indian Act          to strongly advocate for the replacement of   Nations who want to move forward and
delivering a strong message that First          control over lands means crippling land        the FNLMA with much shorter and more          away from the Indian Act. Building self-
Nations are choosing the option of re-          devaluation and loss of investment             concise ratifying legislation. This will      government is within all of our grasps. We
establishing their own lands governance         opportunities. It is not uncommon under        ensure it is absolutely clear that the        will move beyond where we are today as
authority. Twelve (12) new First Nations        Indian Act governance for reserve lands        FNLMA only ratifies the FAFNLM. This will     more First Nations get involved and stand
became signatories to the Framework             to be valued at 50% less than those            also eliminate redundancy, confusion and      together to advance their control over their
Agreement in 2019-20, and there are             comparable lands off-reserve. Unlike           improve the speed at which First Nations      respective lands.
now 95 communities operating with their         the Indian Act, operational First Nations      can move through the developmental
own land authority across Canada in 8           enjoy a regulation-backed lands registry       process.                                      Please enjoy this year’s edition of the LAB
provinces. Thirty-five (35) communities         system that is priority-based, paperless,                                                    Annual Report. For additional information
are in various stages of community              and instant. This means greater land           The last 24 years have shed new light         or copies of this document or our 2019-
consultation, technical development or          certainty, reduced or eliminated transaction   on the governance and management              20 Financial Statement, please visit our
preparing for their community land code         costs and increased financing options          priorities for a growing number of First      website at www.landsadvisoryboard.ca.
vote. Building upon this year’s success         for infrastructure, housing, capital and       Nations communities across Canada.
we are in a good position to realize the        economic development projects. It is clear     The Framework Agreement has been a
100th First Nation to ratify the Framework      that land codes change things dramatically     revelation that self-government is more       Sincerely
Agreement in 2020-21. All signatories to        for the better.                                than just negotiating an agreement, it is
the FAFNLM have had diverse interests,                                                         about continual attention to supporting
but all have had common goals; to re-take       In 2019-20 the LAB was dedicated to            First Nations and improving partnerships
their land jurisdiction, enhance their future   addressing growing misinformation and          with Canada. Land based self-government
governance, protect their lands and expand      confusion about the “Ratifying” role of        has been built brick by brick. Early
their field of opportunities.                   the First Nation Lands Management Act          communities have shown what is possible,
                                                (FNLMA). There have been misconceptions        and others have expanded on these             Robert Louie, L.L.B., Hon. DR.LLB, O.O.C.,
To date, approximately 12.5% of First           that the FNLMA controls the expression         pathfinding achievements. Reserve             Hon. Fellow Okanagan College
Nations territory has come out of the           of the inherent right to self-government,      lands will not continue to be devalued        Chairman, Lands Advisory Board
colonial Indian Act lands system. The           or even that the FAFNLM is delegated           when strong governance, planning and a
24 YEARS OF DECOLONIZATION - First Nations Land ...
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                                                                                           AUSTIN BEAR                    CHIEF
                                           JASON CAMPBELL                                  Muskoday First Nation          GERRY DUQUETTE JR.
                                           Seabird Island Band                             Muskoday, SK                   Dokis First Nation
                                           Agassiz, B.C.                                                                  French River, ON
                                                                                           Finance Committee Chair

     EUGENE LOUIE
     Tla’amin Nation
     Powell River, B.C.
     LAB Elder

            LAB                            CHIEF MAUREEN CHAPMAN                           CHIEF DARCY BEAR               JAMES CADA
                                           Skawahlook First Nation                         Whitecap Dakota First Nation   Mississauga First Nation
            DIRECTORS                      Agassiz, B.C.                                   Whitecap, SK                   Blind River, ON

The LAB is currently comprised
of 15 Directors and the Chair,
serving on staggered terms.

The country is divided into three
                                          GRAND CHIEF JOE HALL
support regions, with Directors           Tzeachten First Nation                           CHIEF JEREMY NORMAN            PHILIP GOULAIS
elected by communities in each            Chilliwack, B.C.                                 Flying Dust First Nation       Nipissing First Nation
region. One Director’s position           Finance Committee Member                         Meadow Lake, SK                Garden Village, ON
comes up for election from each
of the three regions annually.
The LAB Chair is elected for a
five year term. The Directors are
elected for three year terms.                                                                                             COUNCILLOR
                                                                                                                          WILLIAM MCCUE
                                                                                                                          Chippewas of Georgina Island
                                                                                           COUNCILLOR
                                          CHIEF GORDON PLANES                              STEVEN ROY JOHNSTON            First Nation
                                          T’Sou-ke First Nation                            Mistawasis First Nation        Sutton West, ON
        B.C. Region                       Sooke, B.C.                                      Leask, SK                      Finance Committee Member

        Prairie Region

        Eastern Region

                                           CHIEF LEAH GEORGE-WILSON                        CHIEF                          CHIEF KELLY LAROCCA
                                           Tsleil-Waututh First Nation                     CHRISTIAN SINCLAIR             Mississaugas of Scugog Island
                                           North Vancouver, B.C.                           Opaskwayak Cree Nation         First Nation
                                           Finance Committee Member                        Opaskwayak, MB                 Port Perry, ON
24 YEARS OF DECOLONIZATION - First Nations Land ...
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                                  The original signatories of the Framework
                                  Agreement established the LAB to assist
                                                                                                                12      NEW SIGNATORIES TO THE
                                                                                                                        FRAMEWORK AGREEMENT

                                  them in re-asserting land governance over                              It is the mandate of the LAB and RC to
                                  their reserve lands and resources. Councils                            ensure that all First Nations have the
                                  of the signatory operational First Nations                             opportunity to exercise their inherent right
                                  determine the composition of the LAB.                                  to govern their lands, as enshrined in the
                                                                                                         Framework Agreement.

                                                                                                         In 2019-20, the following First Nations
     LAB PRIMARY RESPONSIBILITIES                                                                        became signatories to the Framework
                                                                                                         Agreement:

     The responsibilities of the LAB          public gatherings directly                                  •    Lac des Mille Lacs First Nation, ON
     are prescribed by the Framework          relevant to the promotion and
     Agreement and are ratified by First      awareness of the Framework
                                                                                                          •    Lac Seul First Nation, ON
     Nations through land code votes,         Agreement;                                                  •    Naotkamegwanning First Nation, ON
     and by Canada through the FNLMA.                                                                     •    Canupawakpa Dakota Nation, MB
                                           • When requested by a First
                                                                                                          •    Gambler First Nation, MB
     The LAB is composed of                  Nation, attending community
     representatives regionally              meetings and/or providing                                    •    Poplar River First Nation, MB
     nominated and elected from              high level political and                                     •    Waywayseecappo First Nation, MB
     among the operational signatory         strategic advice to Chiefs and                               •    Woodland Cree First Nation, AB
     First Nations involved. The LAB         Councils in the developmental
     mandate includes but is not limited     phase and those operating
                                                                                                          •    Kwikwetlem First Nation, B.C.
     to:                                     under a ratified land code;                                  •    Shackan Indian Band, B.C.
                                                                                                          •    Skwah First Nation, B.C.
      • Policy & planning at the           • When requested, providing
                                                                                                          •    Tseycum First Nation, B.C.
        political level;                     advice to First Nations
                                             seeking entry into the
      • Intergovernmental                    Framework Agreement; and
        relations/meetings with
        Canada, Parliament,                • Political advocacy with
        provincial, regional and             signatory First Nations
        municipal governments,               related to the fulfillment
        financial institutions, etc.,        of Framework Agreement
        to implement the spirit,             responsibilities such as the
        intent and meaning of the            negotiation of operational
        Framework Agreement;                 funding and Framework                      “First Nations working together to resume jurisdiction
                                             Agreement and FNLMA
      • When requested, attendance           amendments.                                over reserve lands, environment and natural resources.”
        at conferences and other
                                                                                                                               LAB Mission Statement
24 YEARS OF DECOLONIZATION - First Nations Land ...
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LAB ACTIVITIES: 2019-20                                                                                      THE 2019 LAB ANNUAL GENERAL
                                                                                                             MEETING
Highlights of the many events and responsibilities
attended to by the LAB in 2019-20 include:

     Regional LAB elections

     Monthly reviews, updates and decisions
     regarding the LAB and RC activities,
     workplan, finances and upcoming votes

     LAB AGM, hosted by the Chippewas of Rama
     First Nation
                                                                                                             This year’s LAB Annual General Meeting (AGM) was
     LAB Annual Audit                                                                                        held on September 17 and 18, 2019, and hosted
                                                                                                             by the Chippewas of Rama First Nation.
     Review and update of Risk Management
                                                                                                             The LAB AGM was live-streamed (in both English
     Strategy & Multi-Year Strategic Business Plan
                                                                                                             and French) to ensure that all those unable to
     2018-23
                                                                                                             travel in person could monitor the event.

     Meetings with Indigenous Services Canada                                                                In addition to the presentations, updates, and
     (ISC) regarding the facilitation of new                                                                 question and answer periods, the LAB sought
     signatories to the Framework Agreement                                                                  direction of the signatory leadership to move
                                                                                                             forward on various topics of importance that will
     Meetings with Ministers, officials and                                                                  carry forth into the coming year. This included
     Members of Parliament to discuss                                                                        resolutions on Amendment #7 of the Framework
     improvements to areas of the Framework                                                                  Agreement and Replacement of the FNLMA.
     Agreement, as well as the replacement of the
     First Nations Land Management Act (FNLMA)                                                               The meeting was complimented by a tour of
                                                                                                             Chippewas of Rama Community Hall and an exhibit
                                                                                                             of the rich history and traditions of the community.
     Meetings and presentation to operational and
                                                                                                             Guests were then treated to a special feast and
     developmental signatories
                                                                                                             entertainment, and were invited to tour Rama
                                                                                                             lands.
     Presentations to interested communities
                                                                                                             Many progressive programs, successful economic
     Presentations at conferences and meetings                                                               ventures, and integral member services are
     with numerous organizations concerning                                                                  hallmarks of Rama First Nation, as is the gracious
     the merits and challenges of the Framework                                                              and sharing nature of its people. Our great thanks
     Agreement                                                                                               to the community for the warm welcome all
                                                                                                             attendees received throughout our visit.
     Hosting of the 2019 First Nations National
     Land Governance and Economic Development                                                                               Live-stream recordings of the
     Conference and Trade Show                                                                                              AGM can be found by visiting:
                                                                                                                            www.vimeo.com/labrc
24 YEARS OF DECOLONIZATION - First Nations Land ...
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           A MESSAGE FROM
           OUR RC CHAIR

Looking back over the 20 years since Muskoday
First Nation became operational under its land
code, I am awestruck to see the incredible
transformation for our people. We had
experienced the loss of complete autonomy
through the imposition of the Indian Act and
later had limited land management delegated
authorities through the government's 53/60
program. However, when we voted to approve
our land code in 1998, becoming operational
on January 1, 2000, we regained full
jurisdiction over our lands, natural resources,
and environment. Through our land code, we
removed 25% of the Indian Act's control from
our daily lives.

I am thankful to the membership of Muskoday
for allowing me to serve as Chief for the last
29 years. Having retired in 2019, I have been
able to pause and reflect further on our journey.
                                                                                                                  AUSTIN BEAR, RC CHAIR
As a band member, father, grandfather, and
former Chief, I am filled with great pride for the                                                                 (MUSKODAY FIRST NATION)
tremendous progress we have made for this
generation and those to follow.
                                                                                                             Austin Bear has been a key proponent
Since 2001, I have also had the privilege of
                                                                                                             of the Framework Agreement since its
serving as Chair of the RC Board of Directors
and Finance Committee. With my fellow Board                                                                  creation. His community (Muskoday
members, I have had the benefit of working                                                                   First Nation, SK), was the first Prairie
with communities across the country as they                                                                  community to ratify their land code.
come out from beneath the Indian Act's 44 land                                                               He served an unprecedented 29 years
management limitations and advance land laws                                                                 as Chief of his community prior to
of their own making.
                                                                                                             announcing that he would retire in
From January 1, 2000, to March 31, 2020, we
                                                                                                             2019. First elected as RC chair in 2001,
have seen the growth of operational signatory                                                                Austin continues to serve in this role.
24 YEARS OF DECOLONIZATION - First Nations Land ...
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 “Supporting First Nations to exercise
 their Inherent Right to govern their
 Lands, Environment and Resources.”
                              RC Mission Statement

 communities skyrocket from the initial         The FNLMA was enacted by Canada only
 three (3) to 95 First Nations. The growth of   to ratify the Framework Agreement.
 participating communities would not have       Unfortunately, its wording has given many     example. The remainder of the annual          back over the last 20 years since those
 been possible without the tireless efforts     the mistaken impression that it controls      report will showcase the scope of work that   first land codes took effect, I am inspired
 of the 14 original First Nation signatories    the expression of the Inherent Right of       our team has performed throughout the         by the legacy of change that has followed.
 who had the vision, determination and          First Nations. Many have incorrectly been     year. Our field services staff supported an   It remains a great honour to continue to
 persistence to establish the Framework         led to believe Canada has "delegated"         astounding 13 community votes this year.      walk beside the now hundreds of First
 Agreement, the LAB and RC.                     its authority to First Nations through the    The RC is spearheading many significant       Nations who look to see their inherent
                                                FNLMA. This is not the case.                  and exciting projects. It continues to        right take flight through the Framework
 The RC, incorporated in 2001, has                                                            evolve innovative tools and initiatives to    Agreement. I can only imagine the great
 expanded significantly over the years to       Among proposed changes that would             benefit First Nations governing, or looking   heights we will achieve in twenty more
 match increasing support requirements          see the above issues rectified, is a more     to govern, under their own land laws.         years.
 for the ever-growing participation in          efficient progression for First Nations
 the Framework Agreement. The RC's              through the developmental process and         Throughout the year, the RC has held          Sincerely
 combined expertise in the field of First       clearer communications to Interested          several conferences, workshops, and
 Nation land governance is second to            First Nations, government and 3rd parties     one-on-one guidance sessions, sharing
 none. This past fiscal year saw our team       and clearer land code implementation          essential knowledge on the benefits, best
 of dedicated staff completing a variety of     authority. The LAB and RC were given          practices, and challenges faced by the
 challenging projects and activities to help    a directive at the 2019 LAB AGM, from         signatory and interested First Nations of
 propel signatory communities forward as        its signatory leadership, to continue         the Framework Agreement. It provides          Austin Bear
 they seek to exercise their Inherent Right     negotiating with the federal government to    these services to help First Nations make     Chair, First Nations Land Management
 to self-determination.                         bring about these necessary changes.          the best decisions for their communities.     Resource Inc.
                                                                                              The Framework Agreement has always
 One of the most significant efforts of the     Each year I am impressed by the               been voluntary. It was created by a small
 last year has been to make headway on          professionalism and dedication of our         group of First Nations who looked to create
 the repeal and replacement of the FNLMA.       staff, and this year is another stellar       a better future for their people. As I look
24 YEARS OF DECOLONIZATION - First Nations Land ...
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                                                                             2019 LAB AGM                                 •   Penelakut, B.C.
           THE YEAR IN REVIEW:                                                                                            •   Moose Deer Point, ON
           2 0 1 9 -2 0                                                      This past year’s LAB Annual General
                                                                             Meeting (AGM) was held on September          REPLACEMENT OF THE FIRST NATIONS
                                                                             17 and 18, 2019 in Rama, Ontario. The        LAND MANAGEMENT ACT (FNLMA)
                                                                             Chippewas of Rama First Nation graciously
The 2019-20 fiscal year has seen the LAB                                     hosted the meeting.                          Parliament enacted the FNLMA in 1999
and RC progress on many projects and                                                                                      as part of the federal ratification of the
initiatives in support of the operational and                                The two-day session presented and            Framework Agreement. Unfortunately,
developmental First Nations signatories of                                   discussed the RC’s many efforts and          legislative drafters chose to restate much
the Framework Agreement. The following                                       expansions including the updated LAB         of the text of the Framework Agreement
includes some of these support activities.                                   and RC Strategic Business Plan, new          in the FNLMA, in some places inaccurately
                                                                             concentrations on climate change,            and in other areas chose to omit important
2019 LAB ELECTIONS                                                           enhanced Training, Mentorship and            parts of the original agreement. The
                                                                             Professional Development services, the       federal Minister of Crown Indigenous
The LAB Board of Directors is a First                                        next wave of Framework Agreement             Relations signalled her support in
Nation controlled entity and is comprised                                    Amendments, and various topics of            February 2020 for our proposal to replace
of 15 elected positions and a Chair. Five                                    signatory First Nation importance.           the FNLMA with the shortest possible
(5) positions are located in each support                                    Resolutions were passed by the               federal law to ratify the Framework
region: B.C., Prairies, and the East.                                        membership to pursue additional              Agreement. These changes will respect the
Annually, on a rotational basis, regional                                    amendments.                                  fundamental primacy of the Framework
seats on the board come up re-election.                                                                                   Agreement.
                                                                             Copies of all presentations, materials
In 2019, three Board positions came up for                                   and the recorded live-stream can be          INTERGOVERNMENTAL RELATIONS
re-election. Chief Gordon Planes (T’Sou-ke)                                  reviewed at www.labrc.com.
was re-elected to the Board representing                                                                                  Various calls and bi-weekly meetings
the B.C. Region. Representing the Prairies                                   NEW OPERATIONAL SIGNATORIES                  between the LAB, RC, and ISC continued
Region, Chief Darcy Bear (Whitecap                                           TO THE FRAMEWORK AGREEMENT                   in 2019-20 to enable all parties to
Dakota) was re-elected by acclamation to                                                                                  provide updates on current activities
his seat on the board. Equally, the Eastern                                  In 2019-20, 13 First Nations voted to        affecting Framework Agreement
Region saw the re-election by acclamation                                    approve their land codes. By order of        signatories. These communications
of LAB member Chief Kelly LaRocca                                            vote, these newly operational First Nation   also facilitate a proactive approach
(Mississaugas of Scugog Island).                                             signatories include:                         to resolving issues as they arise to
                                                                             • Algonquins of Pikwakanagan, ON             minimize any potential negative impact
The LAB gives thanks to the operational                                      • Membertou, NS                              on First Nations who are developing or
signatories for their participation in                                       • Sheshegwaning, ON                          implementing their land codes.
the LAB election process. By regionally                                      • T’it’q’et, B.C.
nominating and voting for their chosen                                       • Beausoleil, ON                             Discussions included implementing the
Directors, these signatories mold the                                        • Brunswick House, ON                        renewed operational funding formula,
LAB’s leadership, who, in turn, continue                                     • Cowichan Tribes, B.C.                      improving developmental funding,
to provide guidance and support to                                           • Ditidaht, B.C.                             amendments to the Framework
First Nations involved in the Framework                                      • Homalco, B.C.                              Agreement and FNLMA, and new First
Agreement.                                                                   • Lac La Ronge, SK                           Nation Signatories.
                                                                             • Kitsumkalum, B.C.
20                                                      LAB ANNUAL REPORT 2019-20              WWW.LANDSADVISORYBOARD.CA                                                  21

LAB directors and RC Staff met with           workshops to deliver bilingual training to                                   crafted laws are a vital ingredient in the
representatives from the office of Minister   First Nation attendees on Land Regimes.                                      strategy of pursuing greater respect for and
Lametti, Minister of Justice and Attorney                                                                                  enforcement of First Nation laws.
General of Canada, Environment Canada,        FINANCE
Natural Resources, ISC, the Conservative                                                                                   Many aspects of enforcement are an
Party of Canada and Minister Bennett to       The RC managed a budget of over $19                                          exercise of self-government by First
discuss the improvement of various areas      million this past fiscal year on behalf of the                               Nations, and work has continued on the
of the Framework Agreement and FNLMA          LAB, which facilitated the accomplishment                                    training of appointed officers and training
replacement.                                  of the expectations of the fiscal year.                                      for lands managers. Outreach to other
                                                                                                                           governments to build enforcement systems
The LAB, RC, and ISC identified 12            The LAB annual audit was completed in                                        has also advanced. Most noteworthy over
new entrants to become Framework              June 2019 and is available for review at                                     the past year was the signing of an MOU on
Agreement signatories and begin               www.labrc.com.                                                               enforcement involving the Whitecap Dakota
developmental activities in 2019-20.                                                                                       and Muskoday First Nations as well as the
                                              The RC commenced negotiations for
A further 12 First Nations have been                                                                                       Government of Saskatchewan.
                                              a renewed multi-year funding agreement,
identified to commence developmental
                                              which is expected to be completed in                                         Much still needs to be done to raise
activities in 2020-21.
                                              early 2020-21.                                                               awareness amongst federal and provincial
During the year, representatives of the                                                                                    officials of the Framework Agreement and
                                              EXPANSION OF RC SUPPORT SERVICES
LAB and RC continued to promote the                                                                                        the sophisticated nature of laws made
success of the Framework Agreement                                                                                         under the Framework Agreement. At the
                                              In 2019-20, the RC expanded by
First Nations and their viability as                                                                                       close of the fiscal year, we rapidly moved
                                              three staff members. Joining our Field
business partners to other First Nation                                                                                    to assist First Nations in responding to the
                                              Support Services Team in the Eastern
organizations, the private sector,                                                                                         COVID-19 pandemic, particularly with the
                                              Region are Brenda Belmore (Kiashke
GOC, and provincial and municipal                                                                                          enactment of COVID-19 laws.
                                              Zaaging Anishinaabek) and Heather
governments.
                                              Sawdon (Atikameksheng Anishnawbek).
                                                                                                                           ENVIRONMENT
                                              Ms. Leeanna Rhodes (Muscowpetung
PARTNERSHIPS WITH OTHER
                                              Saulteaux) joined the new Land                                               The RC worked with several developmental
ORGANIZATIONS
                                              Governance Planning HUB as our GIS                                           First Nations regarding environmental
The LAB and representatives from the          Specialist. The RC expects additional                                        site assessments (ESA’s). Efforts involved
RC worked collaboratively with numerous       positions to be filled throughout the 2020                                   working collectively with ISC and First
organizations throughout the year. In         fiscal year as it adapts to ensure that                                      Nations to comprehensively identify areas
2019, the LAB entered into a Cooperation      signatory First Nations have the relevant                                    of potential environmental concern on
and Communication protocol agreement          services, capacity, assistance, and expert                                   reserve before First Nations move away
with 10 First Nations organizations           advice required to develop and implement                                     from the old Indian Act lands system.
and institutions in British Columbia          various projects under their land codes.
(B.C.) to coordinate efforts to support                                                                                    The RC also assisted several operational
                                              LAW MAKING AND ENFORCEMENT                                                   First Nations with Phase II ESA’s
capacity development in governance and
governance administration for B.C. First                                                                                   and efforts to tackle long-standing
                                              The RC continued to work with land code
Nations.                                                                                                                   environmental concerns, community
                                              First Nations on the design and drafting
                                                                                                                           engagement and drafting of environmental
                                              of their laws, covering a broad range of
During the year, the LAB and RC                                                                                            laws, solid waste projects,through
                                              subjects such as matrimonial real property,
partnered with the National Aboriginal                                                                                     environmental management plans.
                                              waste disposal, and trespassing. Well
Lands Managers Association (NALMA) on                                                                                      The RC has worked with ISC partners
22                                             LAB ANNUAL REPORT 2019-20   WWW.LANDSADVISORYBOARD.CA                                                                23

 to secure funding to implement these                                       ECONOMIC DEVELOPMENT CONFERENCE

                                                                                                                                                                     CONFERENCE & TRADE SHOW
 plans, which is vital to ensure continued                                                                                 2019 FIRST NATIONS NATIONAL
 effectiveness.                                                             The LAB and RC hosted the First Nations        LAND GOVERNANCE &
                                                                            National Land Governance and Economic          ECONOMIC DEVELOPMENT
 TRAINING, MENTORSHIP AND                                                   Development Conference and Trade Show,         CONFERENCE AND TRADE SHOW
 PROFESSIONAL DEVELOPMENT (TMPD)                                            which took place from April 1-3, 2019, in
                                                                            Winnipeg, MB. The event focused on how         From April 1-3, 2019, the LAB and RC
 During 2019-20, the RC’s TMPD team                                         First Nations have cast away the Indian        hosted the First Nations National Land
 organized seven (7) face-to-face                                           Act’s restrictions and developed new           Governance and Economic Development
                                                                            trends in Economic Development with the        Conference and Trade Show. Held in
 workshops on Land Use Planning, Solid
                                                                                                                           Winnipeg, MB, the event attracted a
 Waste Management, Land Registry,                                           Framework Agreement.
                                                                                                                           maximum capacity audience of over
 Climate Change, Financial Governance,
                                                                                                                           400 attendees from across Canada.
 GIS Mapping, and Law Enforcement.                                          The sold-out event was attended by
 Other offerings included three (3) virtual                                 full capacity participation of over 400        Interested in discovering more about
 webinars, and two (2) collaborated                                         delegates and included keynote speakers        success in land governance attainable
 workshops.                                                                 Dr. Stephen Cornell and Dr. Bob Kayseas.       under the Framework Agreement,
                                                                                                                           attendees were introduced to more than
 In light of restrictions imposed by                                        The conference was geared towards              30 distinguished presenters, discussing
 COVID-19 in the last quarter of 2019-                                      discussions of economic experiences            a range of conference topics including:
 20, the RC revised its TMPD strategy to                                    and opportunities offered by land code         Economic Development and Preserving
 offer additional webinars and other virtual                                communities throughout the country.            Traditions, Small Business Growth
 gatherings designed to meet ongoing                                        In addition to the panel discussion and        on Reserve, Tourism and Gaming
 learning objectives.                                                       presentations, an extensive trade show,        Opportunities, Commercial Leasing on
                                                                            including a large variety of vendors and       Reserve, Attracting Investors, Policies
                                                                                                                           and Laws, and much more.
 The TMPD team has planned various jointly                                  services, complemented the event.
 developed and presented learning sessions
                                                                                                                                         The two-day event,
 with the Tulo Centre of Indigenous                                         Copies of conference materials, and
                                                                                                                                         which featured
 Economics (TULO) and NALMA that will                                       recordings of the various presentations,                     ceremonies, keynote
 take place in 2020-21.                                                     can be found on the conference’s website                     addresses, and
                                                                            at www.labrcecdev.com.                                       numerous presentations
 LAND USE PLANNING                                                                                                                       are available for review
                                                                            RESOLVING IDENTIFIED “LEGACY”                                by visiting the event
 Land Use Planning (LUP) efforts continue                                   ISSUES                                                       website at: www.
 to increase, with more requests from                                                                                                    labrcecdev.com.
 both operational and developmental                                         This past fiscal year marked the first
 communities. RC LUP advisory services                                      time that the RC has received funding to                     Video recordings of each
 continued throughout the year. They                                        assist First Nations in resolving identified                 session can be found by
                                                                            outstanding legacy issues.                                   clicking the links below
 ranged from fundamental LUP assistance
                                                                                                                                         or visiting :
 to more sophisticated support related
                                                                                                                                         www.vimeo.com/labrc
 to linkages between LUP, Economic                                          The Legacy Project Funding proceeded with
 Development, service agreements,                                           a call for proposals in July of 2019, with
 traditional knowledge, and Geographic                                      projects approved in the following First
 Information Systems (GIS).                                                 Nations:
24                                             LAB ANNUAL REPORT 2019-20   WWW.LANDSADVISORYBOARD.CA                                                               25

 •   Algonquins of   •   Mcleod Lake

                                                                                                                                                                   RC PRIMARY RESPONSIBILITIES
                                                                            discussed in consideration of COVID-19
     Pikwakanagan                                                           restrictions.                                 RC PRIMARY
 •   Beecher Bay     •   Mississauga                                                                                      RESPONSIBILITIES:
 •   Fort McKay      •   NCN                                                The RC has continued its research into
 •   Kahkewistehaw   •   Nipissing                                          provincial systems of registration and
                                                                                                                          The LAB established the RC to
                                                                            First Nation requirements with follow-up
 •   Katzie          •   Shawanaga                                                                                        discharge the LAB’s technical
                                                                            meetings planned with B.C. Land Titles in
                                                                                                                          responsibilities under the
                                                                            early 2020-21.
Some delays were experienced due                                                                                          Framework Agreement including
to the COVID-19 pandemic and other                                          COMMUNICATIONS                                negotiating the terms of
unanticipated issues, but work is continuing
                                                                                                                          comprehensive funding
with the RC, ISC, and Natural Resources                                     Our Communications Team continues to          arrangements with ISC/Crown-
Canada assisting as required.                                               refine a broad strategy for implementing      Indigenous Relations and Northern
                                                                            the new corporate branding while
                                                                                                                          Affairs (CIRNA).
IMPROVEMENTS TO THE FIRST NATION                                            remaining focused on working with
LAND REGISTRY SYSTEM (FNLRS)                                                field teams to improve vote-based             The roles of the LAB and the RC are
                                                                            communications strategies and specific        inextricably linked. The RC roles
The RC staff have worked to assist                                          products for developmental and
                                                                                                                          include but are not limited to:
operational First Nations, and collaborate                                  operational communities. Three new
with ISC, to continuously improve the                                       editions of the RC’s The Lands Advisor        •   Policy, planning &
First Nation Land Registry System. RC                                       newsletter were produced this year, with          administration at the technical
staff provide ongoing assistance to First                                   content related to regional and subject           level;
Nations in updating information in FNLRS                                    matter interests. In 2020-21, a new, bi-
as needed.                                                                                                                •   Intergovernmental relations
                                                                            annual format for The Lands Advisor will
                                                                                                                              with federal, provincial, regional
                                                                            be released.
An RC regional session was held in BC in                                                                                      and municipal government
                                                                                                                              organizations to implement
early 2020 to provide First Nation staff                                    Throughout the year, in addition to regular
                                                                                                                              the technical aspects of the
with hands-on, in-depth training on the                                     responsibilities, the RC Communications
                                                                                                                              Framework Agreement;
FNLRS as well as information on the                                         team actively supported major projects
Privacy Act in relation to forms and data                                   as well as evolving a new wave of videos,     •   Operational field and subject
collected.                                                                  community and project-specific websites,          matter support services such
                                                                            social media content, and digital and             as transition planning, capacity
Ongoing work continued with the Nipissing                                   print media products for a variety of RC          and training, law-making and
First Nation and Opaskwayak Cree Nation                                     initiatives.                                      enforcement, surveys, land use
(OCN) concerning the development of                                                                                           planning, and communications;
an electronic Land Management System                                        This fiscal year the RC retained the          •   Developmental field support
for Operational First Nations. Both OCN                                     services of a public relations firm to            services related to land code
and Nipissing First Nations approved the                                    complement the RC’s misinformation                development, land description,
modifications to the Land Registry module,                                  strategy, which is geared toward clarifying       environmental site assessments
which is the foundation of the entire                                       confusion caused by inconsistencies               and ratification vote support,
platform. The updated module’s release                                      between the Framework Agreement                   etc.;
date is expected next year, with training                                   and the FNLMA. In addition, Op-ed
                                                                                                                          •   Technical Advice and support
to be provided to participating First                                       development, and additional website               for interested First Nations, and
Nations. Virtual training methods are being                                 refinement efforts will be ongoing into the       more.
                                                                            new fiscal year.
26                                                 LAB ANNUAL REPORT 2019-20   WWW.LANDSADVISORYBOARD.CA                                           27

        A MESSAGE FROM OUR
        EXECUTIVE DIRECTOR

Over the past 20 years, we have witnessed
the significant expansion of First Nation
participation in the Framework Agreement. In
response, the RC has worked to staff a team
of dedicated, knowledgeable, and experienced
professionals who regularly rise to support
First Nations.

As the number of signatory communities
continue to grow, and the operation of land
codes increase across the country, our internal
repository of knowledge gathered from
varied land governance experiences expands
with it. During the last year, our team has
responded to several complex and challenging
situations to assist communities in making
their way through the different stages of land
code development and implementation. The
extensive, collective experience of the RC staff
have proven invaluable to the provision of                                                         MEKO NICHOLAS, EXECUTIVE DIRECTOR
services to communities across the country.                                                                         (TOBIQUE FIRST NATION)
It is an honour to work with so many First
Nations as they take back their rightful lands
governance authority and eliminate the legacy                                                              Meko Nicholas is responsible for the
of the Indian Act.                                                                                         day to day operations of the RC and
                                                                                                           manages the technical partnership
This past year saw our Field Support Services                                                              with Canada. In addition to reporting
Teams expertly guide 13 First Nations                                                                      to the LAB and RC Boards, he
                                                                                                           serves as the main spokesperson
                 EXECUTIVE ASSISTANT
                 TO THE EXECUTIVE                                                                          and representative for the RC in
                 DIRECTOR                                                                                  all professional capacities. For the
                                                                                                           last 25 years, Meko has worked to
                                                                                                           support the development, finalization
                 Angie                                                                                     and fulfillment of the Framework
                 Pitre
                                                                                                           Agreement.
28                                                         LAB ANNUAL REPORT 2019-20       WWW.LANDSADVISORYBOARD.CA                                                            29

                                                                                            continues to offer First Nations a high     that the RC and it’s staff have focused on
                                                                                            quality level of service needed in all      throughout the 2019-20 fiscal year. It also
through the process of developing and          unit which this year has grown to
                                                                                            areas of operational and developmental      offers a few inspirational stories of note
ratifying their land codes, bringing the       include a new Land Governance Planning
                                                                                            First Nation support. The RC strives        from communities now operating with the
total number of communities operating          HUB. The HUB aims to decolonize
                                                                                            to continually improve its operations       governance authority regained through
with a land code to 95. This included          land-use planning, elevate and re-
                                                                                            including hiring new staff to meet these    the Framework Agreement.
Membertou’s historic land code vote, a         establish traditional indigenous planning
                                                                                            expanding responsibilities to the growing
first in Nova Scotia and the 3rd in Atlantic   practices, and promote cohesive and
                                                                                            list of Framework Agreement signatories.    Finally, I would like to acknowledge our
Canada. Membertou has long been a              holistic approach to planning informed
                                                                                                                                        ISC and CIRNA partners, especially ISC
supporter of the Framework Agreement           by traditional use, climate change, and
                                                                                            I am extremely proud of the level of        DG of Lands Susan Waters, ISC A/Director
and is already hard at work developing         specific community needs.
                                                                                            expertise and professionalism shown by      of Lands Eric Grant and his talented team,
further land code laws, systems and
                                                                                            RC staff and am thankful to our Senior      CIR ADM of Individual Affairs Martin
policies.                                      Additionally, this year was particularly
                                                                                            Management Team, who help to guide          Reiher and Manager of New Service
                                               busy for our Law-Making, Enforcement,
                                                                                            our organization through a full range of    Offerings Patrick McIntyre. We enjoy a
The RC’s Training, Mentorship, and             Environment, and Waste Management
                                                                                            duties. Our year ended with the onset       very collegial, supportive and positive
Professional Development (TMPD) Team           Team. While participating in numerous
                                                                                            of the COVID-19 pandemic, and all the       partnership that is and has been critical
has hosted several workshops, webinars,        workshops and special projects, they have
                                                                                            uncertainty and fear that came with         to the ongoing implementation of the
and co-partnered events throughout             responded to a significant increase in
                                                                                            it. However, our staff responded with       Framework Agreement and ultimately for
the year. These sessions help to further       requests for support due to the COVID-19
                                                                                            increased determination and innovation      the benefit of First Nations communities.
community capacity in undertaking lands        pandemic. An array of additional services
                                                                                            to help our communities, which speaks
governance responsibilities and provide        are planned for the coming year to help
                                                                                            volumes about their dedication to the       Woliwon!
knowledge-sharing opportunities between        signatory communities mitigate the risks
                                                                                            work that we take so much pride in.
First Nations.                                 of this dangerous and devastating virus.

                                                                                            The following pages showcase many of
The TMPD strategy is part of the RC’s          During the year, the RC completed an
                                                                                            the support services and special projects
Planning and Readiness support services        organizational review to ensure that it
30                                                                LAB ANNUAL REPORT 2019-20          WWW.LANDSADVISORYBOARD.CA                                                                 31

                                       Director, Finance,                   organization;                               and software, conferencing, and other      conducted, with comments from each
                                       Information Technology
                                                                       •    Survey contracts required to prepare        equipment.                                 party discussed.
                                       (IT) and Administration
                                                                            a Land Description Report defining the
Sandra Gfellner

                                                                            extent of reserve lands subject to the      Individual attention to training and       Reviewing all of the received project
                                                                            land code;                                  assistance for staff members provides      proposals, and narrowing down the
                                                                       •    First Nation funding, which included        them with the additional tools they need   selection to six (6) projects to be funded,
                                                                            nine (9) different areas. Funding is        to work effectively and efficiently from   proved difficult. A number of issues were
                                                                            provided to First Nations for land code     their home offices.                        identified within the proposals, such as
                                                                            development and ratification, solid                                                    environmental issues, estate issues,
                                                                            waste projects, land use planning,          While RC staff have functioned from        surveys of individual lots, amending of
                                                                            environmental management plans,             home offices for many years, reduced       older land codes, creation of new laws,
                                                                            survey training, land management            travel to communities during the later     policies and procedures, the status of
                   ms. gfellner is responsible for the
                   financial, it, and administration staff                  software, legacy issue resolution, and      part of 2019-20, due to COVID-19, has      certain lands. Due to the quality and
                   and duties of the rc, to include the                     natural resource management; and            greatly increased requests for remote      volume of proposals received a total of
                   administration of surveys contracts.                •    Verifier role functions.                    First Nation support. In turn, IT has      ten (10) projects were selected.
                                                                                                                        placed additional focus on ensuring the
                   FINANCE AND ADMINISTRATION                          During 2019-20, the Administration Team          infrastructure is in place to meet these   The ten (10) proposals selected were
                                                                       worked diligently to plan for a number           needs.                                     from the following First Nations:
                   The Finance, IT, and Administration                 of significant events, including the LAB
                   team keep all facets of our organization            AGM and the First Nations National Land          LAND DESCRIPTION AND SURVEYS                    British Columbia:
                   running smoothly. Associated tasks                  Governance and Economic Development              SUPPORT SERVICES                                Sc’ianew (Beecher Bay)
                   include budgeting and reporting,                    Conference and Trade Show.                                                                       Katzie
                   travel, event and meeting support, and                                                               In July 2019, a Request for Proposals           McLeod Lake
                   necessary IT services.                              Our Finance department is responsible            went out to all First Nations involved
                                                                                                                                                                        Alberta:
                                                                       for reporting on and ensuring compliance         in the Framework Agreement, for six
                                                                                                                                                                        Fort McKay
                   The Finance Department also works                   with our Comprehensive Funding                   (6) available projects relating to the
                   closely with our Survey Expert to                   Agreement as well as providing technical         Identification, Review and Resolution of        Saskatchewan:
                   administer necessary survey contracts               support to Operational Funding Formula           Legacy Issues. More than 30 proposals           Kahkewistahaw
                   and related services.                               negotiations.                                    were submitted for consideration.               Manitoba:
                                                                                                                                                                        Nisichawayasihk Cree
                   The RC managed a budget of over                     INFORMATION TECHNOLOGY (IT)                      The proposal review process involved
                   $19 million this past fiscal year. These            Our in-house IT support services provide         regional representation from the RC,            Ontario:
                   responsibilities included:                          day-to-day technical support for all             Surveyor General Branch (SGB), and              Algonquins of Pikwakanagan,
                                                                       RC staff, including email accounts,              ISC Regional branch and Headquarters            Mississauga
                   •   The day to day operations of the                telephone systems, computer hardware             (HQ). A review of each proposal was             Nipissing
                                                                                                                                                                        Shawanaga

                               EXECUTIVE                         EXECUTIVE                            ADMINISTRATIVE                  ADMINISTRATION                  IT SUPPORT                   LAND
                               ASSISTANT TO                      ASSISTANT TO THE                     ASSISTANT                       & HUMAN RESOURCES               SERVICES                     SURVEYS
                               THE RC CHAIR                      LAB CHAIRMAN                                                                                                                      ADVISOR

                               Robina                            Virginia                             Dan                             Charmaine                       Martin                       Tania
                               Bear                              Game                                 Bear                            Matteau                         de Kryger                    Bigstone
32                                                LAB ANNUAL REPORT 2019-20   WWW.LANDSADVISORYBOARD.CA                                                     33

     Each of these projects is complex and
     time-consuming, however, the First
                                                                                           IDENTIFICATION, REVIEW AND RESOLUTION OF LEGACY ISSUES:
     Nations have maintained an enthusiastic
     commitment to the work. Two (2) of the                                                The Nisichawayasihk Cree Nation (NCN) Project
     First Nations had the surveyors come
     to their schools to discuss the projects                                                                     Manitoba's NCN embarked on its Legacy
     and demonstrate some of the survey                                                                           Project in 2019, with several objectives in
     equipment that was being used. Other                                                                         mind. Having implemented their land code
                                                                                                                  in 2017, NCN's project was proposed to
     First Nations had community members
                                                                                                                  strengthen the establishment of a system
     join the survey crews to observe and
                                                                                                                  of good land governance under their land
     learn more about the profession of
                                                                                                                  code and increase the number of registered
     surveying, the Legacy Project, and their                                                                     interests. Equally, NCN wanted to ensure
     community.                                                                                                   that surveys were conducted to enable the
                                                                                                                  granting of formal land interests (interests
     Deadlines for the completion of the legacy                                                                   where historically there was no formal
     projects were intended to be the end of                                                                      survey or interest granted under the Indian
     June 2020. Deadline considerations will                                                                      Act system).
     be adapted as the State of Emergency for
     the COVID-19 pandemic is lifted by the                                                                       Another focus of the project was to
     communities and the province.                                                                                increase NCN's local capacity of surveying
                                                                                                                  and the creation and amending of their
     While the pandemic has impacted the                                                                          parcel survey fabric. At the beginning of
                                                                                                                  the project, it was estimated that less than
     time-frames for project completion,
                                                                                                                  10% of the 600+ lots on NCN's reserve
     the projects' allocated budgets and
                                                                                                                  were surveyed. Throughout the project,
     expenditures remain on track. The
                                                                                                                  NCN has had a community member
     remaining budget amounts will be used to                                                                     accompanying the survey crew to gain
     complete the projects when the work is                                                                       knowledge and capacity.
     safe to continue.
                                                                                                                  The image at left is a design of some of
     2019-20 was the first year that the                                                                          the new proposed lots within an area of
     RC had received funding to assist                                                                            NCN Reserve No.170. The white lines note
     First Nations in resolving some of                                                                           the current surveyed roads and lots. It
     their outstanding legacy issues. Thus                                                                        is apparent that not all of the constructed
     far, the results have been productive,                                                                       roads are fully contained within the
     inspirational, and educational for all                                                                       surveyed parcels. The NCN project includes
     involved. The RC appreciates the First                                                                       a design and re-design of their road
                                                                                                                  network through out the reserve. When
     Nations' devotion to the project, and to
                                                                                                                  the fieldwork for the project is complete,
     ISC and SGB for their support in assisting
                                                                                                                  the roads will be surveyed, as well as
     the First Nations with their requests for
                                                                                                                  some lots, with the main focus on their
     information and guidance. We are eager                                                                       community-based services lots. The
     to see this project to completion, and to                                                                    project will continue into 2020-21.
     sharing the knowledge and experiences
     gathered with other communities.
34                                                              LAB ANNUAL REPORT 2019-20        WWW.LANDSADVISORYBOARD.CA                                                                      35

                                    Advisor, Law Making &           the FNLMA with the shortest possible          and business permitting laws to
                                    Enforcement Advisor             federal legislation. Replacement              environmental laws dealing with illegal                   REPEALING AND
                                                                    legislation would also aim to simplify the    dumping, transportation and removal                       REPLACING THE FNLMA
Andrew Beynon

                                                                    process for implementing future agreed-       of soil, and unsightly premises. Many
                                                                    upon amendments to the Framework              of these carefully drafted laws include
                                                                    Agreement.                                    sophisticated enforcement provisions,
                                                                                                                  such as the authority to conduct
                                                                    The RC has drafted a proposed bill for        inspections and required documentation
                                                                    Canada’s consideration. The federal           for permitted activities, the authority of
                                                                    Minister of Crown-Indigenous Relations        inspectors to impose stop-work orders,
                                                                    signalled her support in February for this    and the offences for minor or major
                                                                    proposal to replace the FNLMA with the        violations of First Nation laws.
                 mr. beynon supervises the law-making
                 and enforcement, and environmental                 shortest possible federal law to ratify
                 team and related support services                  the Framework Agreement. It is hoped          Several land code First Nations have                      During the 2019 LAB AGM, the
                 for the rc.                                        that work with federal officials will be      also enacted overarching enforcement                      LAB received direction from
                                                                    finalized during the calendar year 2020-      and ticketing laws to set up general                      signatories of the Framework
                                                                    21 so that legislation to replace the         rules to be used in the enforcement                       Agreement, to propose federal
                 REPLACEMENT OF THE FIRST                           FNLMA can be tabled in the fall of 2020.      of all of their laws. Potential fines                     amendments to replace
                 NATIONS LAND MANAGEMENT ACT                                                                      under laws that have been enacted by                      the FNLMA with legislation
                 (FNLMA)                                            LAW MAKING AND ENFORCEMENT                    land code First Nations range from a                      that ratifies the Framework
                                                                                                                  maximum of $100 for minor offences                        Agreement.
                 Parliament enacted the FNLMA in 1999               In keeping with the growing number of
                                                                                                                  to $1000 for more serious offences
                 as part of the federal ratification of the         First Nations across Canada operating
                                                                                                                  and even $1,000,000 for major
                 Framework Agreement. Unfortunately,                under land code authority, there is an                                                                  The new legislation would ratify
                                                                                                                  environmental offences.
                 Parliament chose to restate much of                ever-growing number of First Nation                                                                     the Framework Agreement “as
                 the text of the Framework Agreement                laws governing lands. In addition to          The RC continued to work with several                     amended”, establishing one
                 in the FNLMA and in some places                    growth from new First Nations, the            land code First Nations during 2019-20                    authoritiative legal text, saving
                 inaccurately. To make matters worse,               RC assisted many veteran operational          on the design and drafting of their laws,                 time and avoiding confustion for
                 many lawyers and government officials              First Nations in updating their land          as well as their own internal systems                     both First Nations and Canada.
                 tend to only refer to the FNLMA, rather            codes and existing laws. Laws that            for enforcement such as ticketing                         It would also better respect the
                 than the Framework Agreement itself                have been enacted by operational              processes. The RC has also worked with                    “government to government”
                 when addressing lands governance by                First Nations range from subjects such        authorities at all levels of government                   dynamic of reconciliation and
                 operational First Nations. At the 2019             as planning, zoning, and subdivision          to build effective connections to the                     decolonization.
                 LAB AGM, participating First Nations               controls to community safety-related          courts and other established systems for
                 supported an LAB proposal to replace               subjects such as trespass, nuisance,          enforcement of laws.

                             ENVIRONMENT                      ENVIRONMENT                          ENVIRONMENT               ENFORCEMENT                       WASTE
                             AND                              AND                                  AND                       ADVISOR                           MANAGEMENT
                             ENFORCEMENT                      ENFORCEMENT                          ENFORCEMENT                                                 SPECIALIST
                             ADVISOR                          ADVISOR                              ADVISOR

                             Michelle                         Jennifer                             Gail                      Kevin                             Stefanie
                             Delorme                          Predie                               Starr                     Broughton                         Recollet
36                                                       LAB ANNUAL REPORT 2019-20        WWW.LANDSADVISORYBOARD.CA                                                        37

The Framework Agreement respects             a system for adjudication of tickets and      their efforts. In the last few weeks of
the independence and self-government         laws. Establishing an appropriate and                                                    RC NATIONAL
                                                                                           March, RC staff advised on COVID-19
authority of land code First Nations         effective system that could serve the                                                    ENFORCEMENT WORKSHOP
                                                                                           risk management measures, including
regarding enforcement. For example,          many First Nations in the Fraser Valley       COVID-19 laws under land codes and
First Nations can appoint justices of        is a complex undertaking. Elsewhere in        the use of Indian Act by-laws. The
the peace, without any requirement           Canada, there is potential for new pilot      RC also advised on enforcement of
for approvals by other governments.          projects to emerge in the coming year.        those laws through formal warnings
However, the Framework Agreement                                                           and orders. This work is expected to
is also flexible, making it possible for     In response to the legal precedent
                                                                                           continue for as long as the risks under
First Nations to forge connections to        set by K’omoks First Nation, the
                                                                                           the COVID-19 pandemic persist.
existing systems for the administration      LAB engaged provincial and federal
of justice.                                  Attorneys General to raise awareness          The RC was asked to lead the
                                             of this important decision and the            organization of a major National
                                                                                                                                      On March 11-12, 2020, the RC
Further progress was made during the         likelihood that there will be more private    Conference to be held in 2020, to          hosted a national enforcement
year on pilot projects for enforcement of    prosecutions of land code offences in         draw together federal, provincial, and     workshop on law-making powers
laws. In Saskatchewan, the Muskoday          future. The LAB and several operational       Indigenous government experts to           under the Framework Agreement.
and Whitecap Dakota First Nations            First Nations have recommended to             tackle the enforcement challenge. With
signed a Memorandum of Understanding         provincial Attorneys General that             the onset of the COVID-19 pandemic,        The session brought together
(MOU) with the Government of                 enforcement systems be established in         the focus rapidly shifted to leading a     First Nation leaders, community
Saskatchewan to explore enforcement          cooperation with land code First Nations      “National Electronic Conversation” on      representatives, and experienced
options for their First Nation laws. In      so that private prosecutions will no                                                     technicians to:
                                                                                           enforcement through a series of live-
the fall and early winter of 2019-20, this   longer be necessary.                          streamed events. The first National        •   Examine the current scope
work went through preliminary stages of                                                    Electronic Conversation is expected to         of law-making powers under
the development of terms of reference        Late in the 2019-20 fiscal year, as all
                                                                                           launch in spring 2020.                         the Framework Agreement
and legal analysis of the issues and         governments in Canada swung into
                                                                                                                                          and gain an understanding
options. Discussions on options will         action to try to manage the risks posed       The RC will continue to work with all          of enforcement and dispute
continue in 2020, with Muskoday and          by the pandemic. The RC rapidly moved         parties to promote greater awareness of        resolution options;
Whitecap Dakota Nations deciding             to assist land code First Nations in          land codes and First Nation laws enacted
                                                                                                                                      •   Share First Nation experiences
whether acceptable options                                                                 in accordance with the Framework               in establishing enforcement
have been negotiated.                                                                      Agreement as well to establish effective       systems, including
                                                                                           systems for the fraction of cases that         partnerships with prosecutors
In the Fraser Valley, after                                                                will need to be resolved in the courts.        and mainstream courts;
exploring a potential new
role for Qwi:qwelstom’s                                                                    ENVIRONMENT                                •   Learn about support services
                                                                                                                                          available from the RC when
existing Justice program in
                                                                                                                                          implementing enforcement
the adjudication of tickets                                                                The RC is assisting First Nations in
                                                                                                                                          processes;
and laws, it was decided                                                                   improving environmental management
that it would be better to                                                                 and protection. The Framework              •   Recognize the fundamental
maintain Qwi:qwelstom’s                                                                    Agreement recognizes the governance            sections and requirements
current focus and expertise                                                                authority of land code First Nations           in the development and
                                                                                                                                          enforcement of First Nation
and to separately establish                                                                in respect of both environmental
                                                                                                                                          laws, etc.
38                                                         LAB ANNUAL REPORT 2019-20      WWW.LANDSADVISORYBOARD.CA                                                         39

     assessment and environmental                                                          with ISC, from which 16 projects were
                                                                                                                                        SOLID WASTE MANAGEMENT
     management. During 2018, the                                                          approved for funding. These projects are
                                                                                                                                        PLANNING WORKSHOPS
     Framework Agreement was amended                                                       underway with a total of $751,042.00
     to include the specific recognition of                                                in funding going directly to the First
     examples of land code First Nation                                                    Nations for their projects.
     environmental law-making authority.
     Examples include laws relating to                                                     Although there has been some delay due
     contaminants on First Nation lands,                                                   to the COVID-19 pandemic, the projects
     natural resources, soils, water                                                       remain on-track with adjusted work
     and groundwater, environmental                                                        plans to ensure forward progression.
     emergencies and natural disasters,
     recycling, solid waste management and                                                 Current projects include:
     garbage disposal, and implementation of
                                                                                           •   Developing Solid Waste Laws;             In July 2019, the RC hosted three
     environmental management plans.
                                                                                           •   Solid Waste Management Plans;            Solid Waste Management Planning
     Last fiscal year, the RC provided                                                     •   Illegal Dumping Mitigation Strategies;   workshops, held regionally
     approximately $150,000 of funding                                                                                                  in Sudbury, Kamloops, and
                                                                                           •   Developing Waste Apps (for
     and worked with several First Nations                                                     smartphones & handheld devices like      Saskatoon. The sessions drew
     in Ontario and the Prairies to develop                                                    Waste Wizard & Collects);                participants from over 75 First
     environmental management plans                                                        •   Ticketing and Enforcement Laws;          Nations nation-wide.
     (EMPs). This planning work assists         In addition, the RC worked with            •   Conducting Waste Audits and
     First Nations in managing current          several developmental and operational          Feasibility studies;                     The workshops emphasized the
     environmental issues and planning for      First Nations regarding environmental                                                   importance of Solid Waste
                                                                                           •   Establishing Waste Committees;
     the environmental issues that are likely   site assessments (ESA’s), assisting                                                     Management Planning and law-
                                                                                           •   Creating and/or improving
     to arise when pursuing other lands         First Nations regarding the scope of                                                    making in ensuring environmental
                                                                                               diversion programs (ex. Recycling,
     initiatives, such as future economic and   phase I and II ESA’s as well as work                                                    protection, and community safety.
                                                                                               Composting);
     residential development, conservation      to be undertaken on areas of potential                                                  They also examined the scope of
                                                                                           •   Landfill and transfer stations
     areas, and infrastructure improvements.    environmental concern identified in                                                     environmental law-making powers
                                                                                               upgrades;
     The RC is looking to expand on the work    ESA’s.                                                                                  under the Framework Agreement
                                                                                           •   Remediation of old sites                 and the importance of solid
     undertaken from 2018 to early 2020
                                                The RC also assisted several First         •   Waste re-use pilot projects (Like        waste management in relation to
     by securing funding so that more First
                                                Nations with community engagement              plastics and construction waste);        responsible land governance.
     Nations will be able to undertake EMPs
                                                and drafting of environmental laws,        •   Purchase of equipment (such as bins
     in the future.
                                                leading to the enactment of more               and composters).                         Open discussions provided First
                                                environmental laws in 2020.                                                             Nations with the chance to learn
     Over the last year, the RC held a                                                     The call-out for Expressions of Interest
     significant number of capacity building                                                                                            from others' challenges and
                                                WASTE MANAGEMENT                           (EOI) for the next round of projects
     workshops for land governance                                                                                                      successes in solid waste, and
                                                                                           will begin in June 2020. In 2020-21,
     directors and other lands related staff                                                                                            stewardship associations provided
                                                This past year 22 proposals were           the format of applications will change
     in First Nations, including sessions                                                                                               updates on Waste Diversion and
                                                received from operational and              from proposal-based to an Expression
     regarding environmental assessment,                                                                                                Extended Producer Responsibility
                                                developmental First Nations to request     of Interest (EOI) to remove barriers for
     environmental management law-making                                                                                                programs.
                                                funding under the expanded Solid Waste     First Nations who may not have access
     authority, and climate change.             Management funding program. The RC         to technical proposal writing.
                                                reviewed the proposals in collaboration
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