Whereas First Nations and Canada agree on the importance of achieving recognition and implementation of First Nation governments through constitutionally consistent and principled approaches;

Whereas the Prime Minister, at the April 19, 2004 Canada - Aboriginal Peoples Roundtable, stated, “It is now time for us to renew and strengthen the covenant between us”, and committed that “No longer will we in Ottawa develop policies first and discuss them with you later. The principle of collaboration will be the cornerstone of our new partnership.”;

Whereas the Supreme Court of Canada has in numerous cases referred to reconciliation as the basic purpose of section 35 of the Constitution Act, 1982, including the following statements:

“S.35(1) provides the constitutional framework through which Aboriginal peoples who lived on the land in distinctive societies with their own practices, traditions and culture are acknowledged and reconciled with the sovereignty of the Crown.” (Van der Peet); and,

“Treaties serve to reconcile pre-existing Aboriginal sovereignty with assumed Crown sovereignty, and to define Aboriginal rights guaranteed by s.35 of the Constitution Act, 1982. Section 35 represents a promise of rights recognition. ... This promise is realized and sovereignty claims reconciled through the process of honourable negotiation.” (Haida);

Whereas First Nations and Canada recognise that evolving jurisprudence is creating pressure for new approaches for achieving reconciliation;

Whereas First Nations and Canada agree that these new approaches must be grounded in the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, and the Supreme Court of Canada has stated;

“Section 35 (1) of the Constitution Act, 1982, at the least, provides a solid constitutional base upon which subsequent negotiations can take place …(Sparrow);

Whereas the Royal Commission on Aboriginal Peoples concluded that “the Aboriginal peoples of Canada possess the right of self-determination”; First Nations and Canada recognize that policy development will also be informed by discussions and agreements at the international level involving Canada with respect to the rights of indigenous peoples including the right to self-determination;

Whereas First Nations and Canada recognize the importance of strong First Nation governments with recognized rights of self-government in achieving political, social, economic and cultural development and improved quality of life;

Whereas First Nations and Canada recognize that access to, sharing, and benefit from lands and resources contribute to sustainable governments, including First Nations governments and that the Royal Commission on Aboriginal Peoples noted the importance of increased access to, and benefit from, land and resources in contributing to the implementation of First Nation governments; and

Whereas First Nations and Canada share a common interest in ensuring public understanding of, and support for self-government.

THE PARTIES AGREE AS FOLLOWS:

“Parties” means the Assembly of First Nations, directed by the chiefs in Assembly, and Her Majesty the Queen in Right of Canada, represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as “Canada”), as authorized by Cabinet.

For the purpose of this Accord, “First Nations” and “First Nation peoples” means the “Indian” peoples as referred to in section 35(2) of the Constitution Act, 1982.

The intent and purpose of this Accord is to commit the Parties to work jointly to promote meaningful processes for reconciliation and implementation of section 35 rights, with First Nation governments to achieve an improved quality of life, and to support policy transformation in other areas of common interest, affirming and having regard to the following principles.

Principles: Each of the principles below are to be read together, and are mutually supportive and interdependent.

1. Upholding the Honour of the Crown

Cooperation will be a cornerstone for partnership between Canada and First Nations. This requires requires honourable processes of negotiations and respect for requirements for consultation, accommodation, justification and First Nations’ consent as may be appropriate to the circumstances. Upholding the honour of the Crown is always at stake in the Crown’s dealings with First Nation peoples.

2. Constitutionalism and the rule of law

Section 52(1) of the Constitution Act, 1982, provides that "The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.” The legislation, policies and actions of governments must comply with the Constitution, including section 35 of the Constitution Act, 1982, which recognizes and affirms existing Aboriginal and treaty rights, and the rule of law.

3. Canadian Federalism, pluralism and First Nation Diversity

Canada is a federal state and in this regard Canada – First Nation relations and the respect for section 35 rights are important to the operation of the Canadian federation and to meeting the challenge of accommodating pluralism within the Canadian Constitutional framework. Accommodating pluralism requires respect for the diversity of First Nation peoples who have lived since time immemorial on the land in distinctive societies with their own culture, practices and traditions, including lawmaking powers.

4. Mutuality

The renewed relationship should be based on mutuality, taking into account the four principles expressed by the Royal Commission on Aboriginal Peoples:

• Mutual Recognition;
• Mutual Respect;
• Sharing; and
• Mutual Responsibility.

5. Recognition of the Inherent Right of Self-Government and Aboriginal Title

The inherent right of self- government and Aboriginal title are existing Aboriginal rights recognized and affirmed in section 35 of the Constitution Act, 1982. Aboriginal title together with the inherent right of self-government includes the right to make decisions respecting land, and the right to political structures for making those decisions.

6. Implementation of the treaty relationship

Implementation of the treaty relationship must be informed by the original understandings of the treaty signatories, including the First Nations’ understanding of the spirit and intent.

7. Compliance with the Crown’s Fiduciary Responsibilities

The Crown must uphold its fiduciary relationship with First Nation peoples and fulfill its fiduciary duties.

8. Human Rights

First Nations and Canada are committed to respecting human rights and applicable international human rights instruments. It is important that all First Nation citizens be engaged in the implementation of their First Nation government, and that First Nation governments respect the inherent dignity of all their people, whether elders, women, youth or people living on or away from reserves.

9. Implementation of First Nation governments and socio-economic development

Implementation of strong First Nations governments is important for sustainable economic and social development, and for improving the quality of life for First Nation peoples to standards enjoyed by most Canadians. Evidence from international development consistently points to good governance as a key component of developing strong, healthy and prosperous communities. Key factors in ensuring that First Nation governments in this respect include inherent jurisdiction, capable governing institutions and cultural match. The implementation of strong First Nation governments with appropriate capacity and resources results in communities that are the vehicle of development, and that partner with other governments and the private sector to improve social and economic conditions in their communities.

10. Traditional forms of government, First Nation languages and traditional teachings

Implementation of First Nation governments will require recognition of the importance of First Nation languages, traditional teachings and traditional forms of government in ensuring the vitality of First Nation cultures, societies and governments.

11. The Special Relationship with the Land

First Nation peoples have a special relationship with the land, which is a connection that is not just economic, but also social, cultural and spiritual. Based on their belief that their lands were a gift from the Creator that need to be protected for present and future generations, for First Nation peoples the special relationship with the land also implies a responsibility for environmental stewardship.

THE PARTIES COMMIT TO THE FOLLOWING:

1. Establishment of a Joint Steering Committee with representation from the Parties. The Committee will undertake and oversee joint action and cooperation on policy change, including the establishment of a framework or frameworks, to promote meaningful processes for the recognition and reconciliation of section 35 rights, including the implementation of First Nation governments. The Committee will contribute to relationship renewal through consideration of:

a) New policy approaches for the recognition and implementation of First Nation governments, including mechanisms for managing and coordinating renewed and ongoing intergovernmental relationships, and assessment of the potential for a ‘First Nation Governments Recognition Act’;

b) New policy approaches to the implementation of treaties;

c) New policy approaches for the negotiation of First Nation land rights and interests;

d) A statement of guiding principles for reconciling section 35 rights in the context of ongoing relationships with First Nation peoples, their governments, and Canada; and

e) New or existing opportunities to facilitate First Nations governance capacity-building, working with First Nations communities and organizations to jointly identify approaches that support the implementation of First Nations governments, including program, policy, institutional and legislative initiatives.

Discussions on these topics should draw, in part, upon the report Our Nations, Our Governments: Choosing Our Own Paths, the “Penner Report” and the work of the Royal Commission on Aboriginal Peoples on restructuring the relationship with First Nations.

2. To develop the modalities of a cooperative approach to policy development, as set out in ‘Appendix 1’ to this Accord.

THE PARTIES ACKNOWLEDGE THAT:

1. This Accord does not abrogate or derogate from Aboriginal and Treaty rights, recognised and affirmed by s. 35 of the Constitution Act, 1982.

2. This Accord will only apply to those First Nations who have consented to its application.

3. Discussions pursuant to this Accord are to enhance and support negotiations and processes and are without prejudice to, and not intended to replace or supersede any existing initiatives between the Government of Canada and First Nations, or provincial or territorial governments where they are involved, without the consent of the affected First Nations.

4. The actions contem plated in this Accord will begin on signing and the Joint Steering Committee shall report annually on progress to the Chiefs in Assembly and the Minister.

Signed in Ottawa on

For Her Majesty The Queen In Right Of Canada

The Minister of Indian Affairs and Northern Development

On behalf of the Assembly Of First Nations

Nations National Chief Phil Fontaine / Assembly of First Nations

Appendix 1

COOPERATIVE POLICY DEVELOPMENT BETWEEN

THE ASSEMBLY OF FIRST NATIONS AND THE GOVERNMENT OF CANADA

Strengthening Policy Development

1. The Minister and the Assembly of First Nations commit to undertake discussions:

• on processes to enhance the involvement of the Assembly of First Nations, mandated by the Chiefs in Assembly, in the development of federal policies which focus on, or have a significant specific impact on the First Nations, particularly policies in the areas of health, lifelong learning, housing, negotiations, economic opportunities, and accountability; and,
  
• on the financial and human resources and accountability mechanisms necessary to sustain the proposed enhanced involvement of the Assembly of First Nations in policy development.

2. Nothing in this Appendix is intended to derogate or detract from the work of, or resources for, the Joint Steering Committee or the principles detailed in the Accord.