Jody Wilson-Raybould CC-SOC Presentation Dec 2013

ASSEMBLY OF FIRST NATIONS
ASSEMBLE DES PREMIRES NATIONS

Assemble extraordinaire des Chefs
BEYOND COMPREHENSIVE CLAIMS

~NATION REBUILDING & DEVELOPING A NEW
FEDERAL FRAMEWORK FOR RECONCILIATION
BASED ON RECOGNITION~
December 2013
December 10 -12, 2013 Gatineau, Quebec
Du 10 au 12 dcembre 2013 Gatineau (Qubec)
The Need for Reconciliation

Reconciliation between Aboriginal Peoples and the Crown is about
sovereignty and involves reconciling the reality of the prior
occupation of North America by distinctive aboriginal societies
with the assertion of Crown Sovereignty over Canadian territory.
(Van der Peet)
The fundamental objective of the modern law of aboriginal and
treaty rights is the reconciliation of Aboriginal peoples and nonAboriginal peoples and their respective claims, interests and
ambitions. (Mikisew)
Special Chiefs Assembly 2013
Assemble extraordinaire des Chefs 2013
Getting Ready for Reconciliation
What Canada needs to do

1.
2.
3.
4.
5.
6.
Adopt principles of recognition and reconciliation based on section 35, reflect the state of the
law, and where Canada acknowledges the historical rights of our peoples as the starting point for
reconciliation.
Draw a distinction between the core of Aboriginal rights and title that are implemented without
any negotiations and non-core that require negotiations with our respective Nations.
To operationalize the principles of recognition and reconciliation, adopt a broad, governmentwide (horizontal) reconciliation framework that would apply to all departments and officials and
guide Crown conduct in engagement with our Nations.
Support a range of reconciliation options and transition tools in furtherance of Nation rebuilding,
including the negotiation of modern treaties, cooperative agreements and other constructive
arrangements.
Review all federal laws and policies from the perspective of the principles of recognition and
reconciliation to address inconsistencies and deficiencies.
To ensure federal officials have the authority/mandates to engage and reconcile based on all the
options available.
What our Nations need to do

1.
2.
3.
4.
5.
6.
7.
Each Nation to develop its vision and strategy to support Nation rebuilding and
implementing Aboriginal title and rights, including treaty rights.
Determine structures and institutions of core governance (post-Indian Act). For
example, development of a constitution.
Determine land base, where appropriate, of the Nation and address any issues of
exclusivity and/or overlap/shared territories with neighbouring Nations.
Determine areas of jurisdiction that Nation seeks to exercise and the policies of the
Nation guiding the exercise of that jurisdiction (including any laws).
Consider where aggregation with broader tribe or group may be warranted for
particular jurisdiction and what machinery of government is required.
Ensure process for community engagement to develop and then ratify (legitimize)
Nation rebuilding work.
Identify plans and priorities that require reconciliation negotiations with the Crown.
Role of the AFN

1.
2.
3.
To assist our Nations in their Nation rebuilding work through, for example, the
sharing of information, providing tools, and by encouraging dialogue between
and among our Nations.
To create the space through advocacy and lobbying for our Nations (either
individually or in groups) to engage directly with the Crown in the advancement
of their own reconciliation objectives and priorities when they are ready, willing
and able.
With respect to Nations with unextinguished Aboriginal title, to shift current
federal policy falsely premised on our Nations making claims to a policy
framework based on principles of recognition and reconciliation.
Senior Oversight Committee on Comprehensive Claims

January 24, 2012 Crown-First Nation Gathering
Fall / Winter 2012/2013 Political Protest /Idle No More
January 11, 2013 Meeting with Prime Minister agrees to establish
high level oversight. Senior Oversight Committee on Comprehensive
Claims (CCSOC) established soon thereafter
February / December 2013 CCSOC meets 8 times (Feb 11, March 14,
May 1, July 3, Aug 16, Sept 13, Oct 25, and Dec 6)
October 16, 2013 Speech from the Throne Canada commits to
continue dialogue on comprehensive land claims
November 7, 2013 Draft Principles Respecting the Recognition and
Reconciliation of Section 35 Rights released by CCSOC
December 1, 2013 Terms of reference for CCSOC expired.
Recommendations being finalized.
CCSOC Terms of Reference

Objective:
Based upon the principles of recognition and reconciliation, to
examine Canadas various policies respecting comprehensive
claims (CCP) to more efficiently and effectively reconcile the
section 35 rights and interests of Aboriginal peoples with the
rights and interests of all Canadians and propose options to
renew, update or reform the policy framework to more
effectively address section 35 rights in Canada.
DRAFT FEDERAL PRINCIPLES RESPECTING THE

RECOGNITION AND
RECONCILIATION OF SECTION 35 RIGHTS
NOTE: THESE ARE NOT PRINCIPLES TO BE ADOPTED BY THE AFN, BUT
RATHER ARE PRINCIPLES THAT WERE DISCUSSED AT THE CCSOC AND THAT
CANADA WOULD ADOPT TO GUIDE ITS FUTURE ENGAGEMENT WITH OUR
RESPECTIVE NATIONS
DRAFT FEDERAL PRINCIPLES RESPECTING THE RECOGNITION AND

RECONCILIATION OF SECTION 35 RIGHTS
1. Canada recognizes that reconciliation is a fundamental
objective of section 35 of the Constitution Act, 1982
2. Canada recognizes that Aboriginal peoples have existing
section 35 rights and it is on this basis that reconciliation
processes occur. Section 35 rights include both Aboriginal
rights, including Aboriginal title, and treaty rights
3. Canada recognizes that the reconciliation of section 35 rights
is not limited to comprehensive modern treaties, but may
include other forms of agreements and constructive
agreements, without the need for extinguishment

RECONCILIATION OF SECTION 35 RIGHTS (CONTD)
4. Canada recognizes that the honour of the Crown is a guiding
principle for the conduct of the federal Crown in all federal
processes for achieving reconciliation with respect to section
35 rights
5. Canada recognizes that the honour of the Crown gives rise to
the duty to consult and, where appropriate, accommodate
when the Crown contemplates conduct that may adversely
affect potential or established Aboriginal or treaty rights
6. Canada recognizes the importance of implementing modern
treaties in a manner which upholds the honour of the Crown

RECONCILIATION OF SECTION 35 RIGHTS (CONTD)
7. Canada recognizes that reconciliation requires

justification for any infringements of section 35 rights
8. Canada recognizes that reconciliation can lead to
economic prosperity
9. Canada recognizes the importance of working jointly
with Aboriginal groups to identify timely and effective
processes for the negotiation of modern treaty and
other constructive arrangements that address section
35 rights
10. Canada recognizes that reconciliation is an ongoing
process that occurs in the context of evolving CrownAboriginal relationship
Towards a New Federal Framework for

Reconciliation
Note: This is not a Reconciliation Framework that would be
adopted by the AFN but rather is a draft conceptual outline of
what a federal Reconciliation Framework might look like.
Canada has not yet agreed to develop such a frameworkbut
has agreed that the principles of recognition and reconciliation
would need to be operationalized.
Possible outline for a new federal Reconciliation Framework:

Purpose
Context
Application
Vision/Goals
Recognition
Principles
Applying the Principles
Interpret and change federal laws, regulations and
policies
To change negotiation mandates
To change litigation mandates
To change departmental plans and priorities
Paths to Reconciliation/Examples of Tools:
Treaties, cooperative agreements and other constructive arrangements

Federal policies
Political accords
Legal enactments (proclamations, new legislation, and amendments to
existing legislation)
Types of Agreements
Federal Legislation
Transition from the Indian Act
Provincial Territorial Relations
Administration / Dispute Resolution
Reconciliation Conferences
Summary of CCSOC Recommendations

1. Federal adoption of Principles respecting the
recognition and reconciliation of section 35
rights
2. Acceptance of specific recommendations
regarding (a) shared territories, (b) legal
reconciliation techniques, & (c) governance
3. Working towards a commitment to a broader,
government-wide, federal framework for
reconciliation
Moving Forward
Continue to support our Nations and the
Nation rebuilding agenda and the use of
multiple strategies.
Holding additional regional strategy sessions
across Canada AFN, other PTOs and our
Nations
Political advocacy to maintain pressure for
reforms to federal policy and legislation
Coordination with Treaty Implementation SOC

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ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

BEYOND COMPREHENSIVE CLAIMS

December 10 -12, 2013 Gatineau, Quebec

Du 10 au 12 dcembre 2013 Gatineau (Qubec)

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

The Need for Reconciliation

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

Getting Ready for Reconciliation

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

What Canada needs to do

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

What our Nations need to do

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

Role of the AFN

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

Senior Oversight Committee on Comprehensive Claims

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

CCSOC Terms of Reference

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

DRAFT FEDERAL PRINCIPLES RESPECTING THE

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

DRAFT FEDERAL PRINCIPLES RESPECTING THE RECOGNITION AND

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

DRAFT FEDERAL PRINCIPLES RESPECTING THE RECOGNITION AND

Special Chiefs Assembly 2013

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

DRAFT FEDERAL PRINCIPLES RESPECTING THE RECOGNITION AND

7. Canada recognizes that reconciliation requires

Assemble extraordinaire des Chefs 2013

ASSEMBLY OF FIRST NATIONS

ASSEMBLE DES PREMIRES NATIONS

Towards a New Federal Framework for