Frequently Asked Questions - Anishnaabe Government Agreement

Frequently Asked Questions
Anishnaabe Government Agreement

Who is the United Anishnaabeg Councils?
The United Anishnaabeg Councils (UAC) is an historic alliance of Chippewa, Mississauga and Pottawatomi Nations. The current members of the UAC are the Chippewa First Nation of Beausoleil, the Mississauga First Nations of Curve Lake and Hiawatha, and the Pottawatomi First Nation of Moose Deer Point. These communities are located in south-central Ontario, extending from Georgian Bay in the west to the Kawartha Lakes and Rice Lake in the east.

What is self-government?
First Nations have been living under the Indian Act for 125 years. The Indian Act establishes a limited form of local administration that does not take into account the specific circumstances of individual First Nation communities. Under the Act, Band Councils are primarily accountable to the Minister of Indian Affairs and Northern Development, rather than to their own community members. For example, Indian Act Band Councils can pass by-laws, but they must be forwarded to the Minister, who has the power to disallow them.

In contrast with Indian Act governance, self-government describes a situation wherein First Nations make laws and policies and exercise decision-making power in a broad range of matters, including matters internal to their communities and integral to their cultures and traditions. Self-government means First Nation governments are directly accountable to their membership, rather than to the Minister. Self-government encourages self-reliance and enables First Nations to exercise greater control over community matters and the future.

What is the Anishnaabe Government Agreement?
Anishnaabe means "the people" in the Ojibway language (anishnaabemwin). The phrase "Anishnaabe Government" refers to the form of self-government chosen by the UAC.

The Anishnaabe Government Agreement (AGA) was negotiated by the UAC and the Government of Canada. It is one of several initiatives in Canada designed to replace the outdated governance regime established by the Indian Act. The AGA is the first self-government agreement to be reached in Ontario under Canada's Inherent Right Policy.

Simply put, the AGA sets out the arrangements for the four First Nations of the UAC to govern their internal affairs, assume greater responsibility and control over the decisions that affect their communities, and establish a new intergovernmental relationship with Canada.

The AGA begins the process of moving the First Nations from wardship under the Indian Act to recognition of their inherent right to govern themselves. It establishes a governance regime that is more transparent, and First Nation governments that are accountable to their members and more responsive to community needs and direction. This, in turn, will promote improved living conditions in the communities and foster a positive climate for investment and economic development.

The Agreement lays the foundation for a new relationship between Canada and the First Nations, through which issues and concerns can be addressed on a government- to-government basis.

How were First Nation members engaged in the process?
Over the past decade, the UAC has developed and implemented a community consultation program to ensure First Nation members are informed about and consulted on the developing Agreement. Community Consultation Workers, active in each of the First Nations until the final stages of negotiations, were the primary tool used by the First Nations to fulfill the community consultation program. Community Consultation Workers provided information to First Nation members and sought their input through in-home visits, community meetings both on- and off-reserve, mail outs on the AGA generally as well as on specific topics related to the Agreement, newsletters, advertisements and articles in First Nation newsletters and newspapers. In addition, the UAC has held regular, special and annual General Assemblies which are open to all members and which provide broad-ranging and detailed information on the progress of negotiations and on the developing final Agreement.

Who will be affected by the Agreement?
UAC First Nation members will be the people most directly affected by the AGA. Residents who are not members and those who have interests or conduct business on First Nation land may also be affected. The Agreement requires that the First Nations provide opportunities for persons who are not members, but who are resident on First Nation land, to have input into proposed First Nation laws when these laws affect them directly and significantly.

Does this Agreement involve land?
The Agreement does not add land to the existing First Nations' land base. Title to First Nation land shall continue to be held by Canada, although the First Nations will have all the rights and responsibilities of an owner.

Will the Agreement affect Aboriginal and treaty rights?
The Agreement is not a treaty. It will not affect Aboriginal or treaty rights. It is a means to implement the intergovernmental relationship negotiated by the First Nations and the Government of Canada.

Does the Agreement change the tax arrangements for Status Indians?
The taxation provisions of the Indian Act, including the taxation exemption provided to status Indians will continue to apply to the UAC First Nations.

Does this Agreement address Aboriginal hunting and fishing rights?
No. The Agreement will not affect any Aboriginal or treaty rights and does not provide the First Nations with any new rights to harvest fish or game. The Agreement does not provide the First Nations with new law-making powers related to fish, fish habitat or navigable waters.

Will this Agreement receive constitutional protection?
No. The Agreement is not a treaty and consequently, the provisions do not receive constitutional protection under section 35 of the Constitution Act, 1982.

What will First Nation governments look like under the Agreement?
Each of the First Nations will have its own government established and operated in accordance with the First Nation's own individual constitution (gchi-naaknigewin). First Nation constitutions are subject to ratification by First Nation members but must be consistent with minimum standards set out in the AGA.

The Agreement also recognizes a regional government made up of the four First Nations, known collectively as the UAC. The regional government's authority will be exercised through a governing body called the Grand Council. The structure and authority of the regional government is set out in First Nation and the UAC constitutions and in the Anishnaabe Government Agreement itself.

How will the First Nation governments be funded?
The fiscal arrangement between the parties under the AGA is described in a supporting document called the Intergovernmental Transfer Agreement (ITA), which will be renegotiated every five years.

The AGA recognizes the principle that Canada and the First Nations share the responsibility for funding First Nation government.

How will First Nations be accountable under the AGA?
UAC First Nation governments will be financially and politically accountable to their members through transparent government structures and procedures. Accountability provisions are described in the Agreement and embedded in First Nation and the UAC constitutions. They include conflict of interest rules, election procedures, appeal mechanisms and open procedures for the passage and registration of laws, among other measures.

The First Nations and the UAC shall have a system of financial accountability that is comparable with standards generally accepted for governments in Canada through which the First Nations and UAC governments shall be fiscally accountable to members and, as appropriate, other governments. Annual reports are required to be prepared on the implementation of the AGA. The ITA requires First Nations to provide annual financial audits to the Minister of Indian Affairs and Northern Development.

What law-making authority will the First Nations have?
The Agreement recognizes First Nation law-making authority in 13 areas:

Will federal and provincial laws apply on First Nation land?
The Canadian Constitution, including the Charter of Rights and Freedoms and Section 91(24) of the Constitution Act (1867) will continue to apply on First Nation land. Federal laws will also apply on UAC First Nation land and provincial laws of general application will continue to apply as they did prior to the AGA.

However, the Agreement sets out rules that indicate which laws will have priority in the event there is a conflict among laws.

Will the First Nations be subject to Canada's environmental laws?
The Canadian Environmental Protection Act applies on First Nation land. Before making any First Nation law with respect to environmental protection, a First Nation must enter into an agreement with Canada in relation to these matters.

Each First Nation may make laws with respect to environmental assessment of proposed projects on First Nation land. Appropriate measures shall be taken to ensure harmonization of First Nation laws for environmental assessment and the Canadian Environmental Assessment Act to achieve a single environmental assessment of projects on First Nation land.

Will the First Nations be able to enact laws that apply off reserve?
The Agreement applies on First Nation land (known as reserves under the Indian Act) with only a few exceptions. The exceptions include First Nation law-making authority in the areas of First Nation government elections and the determination of membership in the First Nations.

How does the Agreement address the interests of non-members who live on reserve (eg. leaseholders)?
Existing interests and licenses in First Nation land held by those who are not UAC First Nation members are protected under the Agreement. First Nation law shall provide that persons who may be directly or significantly affected by First Nation laws will be provided with mechanisms through which they may have input into those laws.

The Agreement provides that the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act apply to protect the interests of all residents on First Nation land.

How does this agreement relate to the First Nations Land Management Act?
The Agreement will supersede the First Nations Land Management Act, which provided signatory First Nations with increased responsibilities for the management of their own lands. In the area of First Nation law-making authority over land, the Agreement contains provisions similar to the First Nations Land Management Act.

Does the Agreement address matrimonial real property issues?
The Indian Act does not include provisions for the division of matrimonial real property in the event of marital breakdown. Provincial law is also limited on reserve with regard to these issues. The AGA provides an opportunity to address this legislative gap. It specifies that the First Nations will develop rules and procedures to address matrimonial real property, specifically with respect to the use, occupation and possession of reserve land and the division of interests in reserve land in cases of marriage breakdown. Under the AGA, this would occur within one year of the coming into force of the Agreement.

What steps have been taken during negotiations to ensure that interested third parties are aware of the Agreement and its potential impacts?
Over the years, consultations were undertaken with provincial officials and regular updates on the progress of the negotiations were provided to local Members of Parliament and Members of Provincial Parliament.

Information sessions were held in 2003 with the Chief Administrative Officers of surrounding municipalities and the parties plan to continue this important dialogue in the future. Local officials were made aware of the UAC Web site, which was launched in 1999 in order to share information about the progress of negotiations and the Agreement itself with First Nation members and other interested parties.

As major milestones were reached during the negotiation process, the parties issued joint news releases, which were reported on by local, regional and Aboriginal media. These news releases were also made available through the Internet.

Is the Province of Ontario a party to the Agreement?
The Province of Ontario is not a party to the AGA. While the AGA was negotiated between the federal government and the UAC, provincial representatives played a role in negotiations at the Agreement-in-Principle stage. This enabled them to ensure provincial interests were taken into account. Throughout most of the negotiations, the Agreement was adjusted to respond to concerns expressed by provincial representatives. The AGA includes a future discussions section setting out sectors for future negotiations that will require provincial involvement.

What benefits will this Agreement bring?
Canada and the First Nations agree that the Indian Act is an inappropriate legislative framework for First Nations seeking to exercise their inherent right of self-government in a contemporary context.

There has been significant progress achieved in improving the social and economic circumstances of First Nation people. However, great disparities continue to exist. Self-government creates a new opportunity for First Nations, empowered with their inherent right to govern themselves, to address these issues in a culturally relevant and community-specific manner.

Returning control to First Nation people - control over their own governments and the decisions that affect their communities - provides many new opportunities to shape their future in positive ways for the generations that will follow. First Nations will be stronger, more vibrant and self-sufficient and able to foster greater economic development on First Nation land and engage in new economic ventures. The benefits may well be felt across the region.

When will the Agreement become legally effective?
If the members of the four First Nations ratify the AGA and the accompanying agreements, the Government of Canada must then pass enabling legislation through Parliament before the AGA can come into force. Implementation would then begin.

How will the AGA be implemented?
The parties have developed an Implementation Agreement (IA) that sets out the actions required by Canada, the UAC and the First Nations to implement the AGA. Like the ITA, the IA is a companion document that supports the AGA.

Should the AGA be ratified by the First Nations and Canada, a Committee will be established to co-ordinate the implementation process, with a representative designated by each First Nation and two federal representatives. Among other responsibilities, this Committee will be responsible for monitoring implementation and attempting to resolve any issues or problems which may arise in relation to the interpretation, application and implementation of the AGA. The Committee will also prepare annual reports on the implementation of the AGA and will coordinate the process for the review that must be conducted within five years of the coming into force of the AGA.

Frequently Asked Questions Anishnaabe Government Agreement

Frequently Asked Questions
Anishnaabe Government Agreement