Backgrounder
Highlights of Anishnaabe Government Agreement
- The Anishnaabe Government Agreement is the first final self-government
agreement to be reached in Ontario under Canada's Inherent Right Policy.
Simply put, the agreement sets out the arrangements for the four First
Nations of the United Anishnaabeg Councils (UAC) to govern their internal
affairs and assume greater responsibility and control over the decision
making that affects their communities.
- The agreement is not a treaty and will not affect any existing Aboriginal
or treaty rights. It is a means to implement theintergovernmental relationship
negotiated by the First Nations and the Government of Canada. The agreement
will move decision-making to the UAC First Nations and also provide
the opportunity to enhance relations between First Nation governments
and their neighbouring local governments.
- In addition, the agreement clarifies the legal status of the First
Nations and recognizes First Nation law-making authority in 13 areas.
This includes the selection of public officials, education, land, natural
resources, e-naadziyang (culture), anishnaabemwin (language), economic
development and the operation of business.
- This agreement was designed to address First Nation issues on First
Nation lands. Accordingly, First Nation laws will apply on the First
Nations' existing reserve land base. The only exceptions are First Nation
government elections and the determination of e-dbendaagzijig (those
who belong). The agreement requires that First Nations provide opportunities
for persons who are not e-dbendaagzijig to provide input into proposed
First Nation laws which directly and significantly affect them.
- While this agreement will not receive constitutional protection,
it has been negotiated within the constitutional framework of Canada.
The Canadian Charter of Rights and Freedoms will continue to
apply on First Nation lands. The Canadian Human Rights Act will
also apply on First Nation lands. The specific relationship between
First Nation and federal or provincial laws in the event of a conflict
is also spelled out in the agreement.
- Under the agreement, First Nation leaders will be directly and clearly
accountable to First Nation members. Accountability provisions are set
out in the agreement and in First Nation and UAC gchi-naaknigewin (constitutions),
which were developed directly by First Nation members through extensive
consultation over several years.
- The agreement also provides for annual reports to Parliament on implementation
matters. Accountability to Canada will be in accordance with generally
accepted accounting principles.tion was shared with First Nation members
through vehicles such as community meetings and with other interested
parties via the UAC's Website, which was launched in 1999. Over the
years, consultations were also undertaken with provincial officials
and regular updates on the progress of the negotiations were provided
to local officials.
- Following lengthy negotiations, the parties signed an Agreement-in-Principle
on June 21, 1998. The draft agreement was initialled by the negotiators
in March 2002 and the parties have recently concluded their discussions
on implementation and fiscal transfer matters.
- Before the agreement can be implemented, the First Nations must hold
a ratification vote. If the members of the four First Nations ratify
the agreement, the Government of Canada must pass enabling legislation
through Parliament before the agreement can come into force.
- Furthering good government and strong accountability will strengthen
First Nation communities, promote a positive climate of investment and
partnership, support economic partnerships and improve living conditions
in the communities.
Quick Facts on Self-Government
- The Government of Canada recognizes the inherent right of self-government
as an existing Aboriginal right within section 35 of the Canadian Constitution.
- The Anishnaabe Government Agreement is one example among a broad
set of current initiatives across Canada which allow First Nations to
replace the outdated and unsuitable governing arrangements of the Indian
Act. There are currently over 80 self-government negotiation tables
across the country. These negotiations involve more than half of Canada's
First Nation and Inuit communities.
- Because Aboriginal groups have different needs, negotiations will
not result in a single model of self-government. Self-government arrangements
take many forms based on the diverse historical, cultural and political
and economic circumstances of the Aboriginal groups, regions and communities
involved.
- Self-government agreements address: the structure and accountability
of Aboriginal governments; their law-making powers; financial arrangements;
and their responsibilities for providing programs and services to their
members.
- Aboriginal communities will benefit from having the same type of
stable, legitimate, accountable, and responsive governments as those
enjoyed by all Canadians. This will enable them to attract investment
and engage in partnerships that will promote economic development and
improve social conditions in their communities.
December 2004
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