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BANFF SYMPOSIUM 2012
Wise Practices in Indigenous Community Development

           “Governance and Administration”

                   September 15, 2012
                The Banff Centre - Banff, AB




                                               WWW.BCAFN.CA
A new beginning...

Moving Towards the Door…
•   After years of litigation, lobbying,
    negotiations, and persistence First
    Nations in BC are rebuilding our
    institutions of governance and re-
    establishing jurisdiction, both on our
    existing reserves and within our
    traditional territories
•   We are in an exciting period of change
•   But change is not easy… We must share,
    communicate and build on our success in
    order to open the post-colonial door

     BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                 SEPTEMBER 2012   2
An holistic approach to decolonizing


BC First Nations are working together focusing on four key and interrelated areas:
1.     Strong and Appropriate Governance to take advantage of our opportunities in implementing
       our Aboriginal title and rights, including treaty rights, and grow our economies by providing
       stable and sound governance that is transparent and accountable to our Citizens;
2.     Fair Land and Resource Settlements to ensure our peoples and our governments have access
       to the resources required to support our societies including both our traditional and modern
       economies;
3.     Improved Education to ensure our Citizens can participate in our growing economies and our
       governments and are able to make informed decisions about change; and,
4.     Individual Health to address the colonial health legacies to ensure our Citizens are strong and
       can actually benefit from and enjoy their title and rights




     BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                     SEPTEMBER 2012      3
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   4
Strong & Appropriate Governance

•   First Nations’ success stories show that strong and appropriate
    governance is necessary if we are to reach our full potential and
    maximize the opportunities created as a result of advancements in the
    recognition of Aboriginal title and rights, including treaty rights
•   Societies that govern well simply do better economically, socially and
    politically than those that do not.
•   The quality of governance, much more than its specific form, has a huge
    impact on the fortunes of any given society. Ours are no exception.
•   “Governance” and “government” come in many forms but are always needed.
•   Effective governance increases a society’s chances of meeting the needs
    of its people: is demanded by our citizens, our leaders, the Federal and
    Provincial governments and industry partners
     BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   5
Moving Beyond the Indian Act

•   Since colonization systems of governance have been imposed on our Nations. First
    Nation’s peoples, lands and economies have been governed separate and apart from
    non-Aboriginal Canada under federal administrative authority in accordance with the
    Indian Act.
•   The Indian Act is neither an appropriate governance framework for First Nations’
    people – nor for any people.
•   There is an impoverished notion of governance under the Indian Act – imposed
    institutions of governance and limited powers (jurisdiction) – which means our
    Nations follow the rules of others (we deliver federal programs and services under
    federal policy not under our own)
•   The status quo is having a negative impact on our societies ability to achieve success
    and our Nations are unequivocal and united in the call for change
•   The work is well underway in our Nations and support is required. It is no small task
    to decolonize and rebuild. There is a lot of fear.

    BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA            SEPTEMBER 2012    6
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   7
Understanding where we have come from


•   In order to begin to address the challenges of deconstructing our colonial
    reality, moving past the Indian Act and rebuilding our Nations we need to:
          1.      Have a common understanding of where we have come from as an
                  historically self-governing peoples (how did we live pre-contact?), and
          2.      Understand our current reality and governance today under the Indian Act
•    This learning process is the first step in building a collective vision for our
     future and creating a movement for social change to support the
     implementation of that vision – a vision that includes an improved quality
     of life for our people, with practising and thriving cultures
•    What was the impact of colonization on…? (our ancestors? / our institutions
     of governance? / our culture, language and traditions? / our community?)



    BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                SEPTEMBER 2012   8
“No community left out or behind…”

Opening the Door…
•   BCAFN is committed to ensuring all First
    Nations’ communities in BC have the
    opportunity to re-establish strong and
    appropriate governance and to benefit
    from recognition of Aboriginal title and
    rights. This means engaging in
    governance reform and development
•   This process of reform must start at the
    community level and be based on each
    Nation’s vision, leadership and culture
•   Governance must be developed from the
    ground up. Each Nation needs to engage
    its citizens and develop a common vision
     BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   9
A Community Development Approach

•   If ultimately our goal is to once again be “self-governing” then our citizens
    will need to be fully involved in order for the process of decolonization be
    successful. We need to take a community development approach

•   Our Citizens should be involved: As citizens we know our community best.
    Any governance reform we undertake will be more reflective of our needs
    and stronger if we develop it ourselves. Every person has a role to play, can
    help and is needed to build a strong, healthy and sustainable community

•   Our Citizens expect be involved: We have a tradition of “consensus building”
    and our rights are held collectively

•   Our Citizens have to be involved: In order to remove some or all of the
    application of the Indian Act we will need to “vote the colonizer (Canada)
    out.”



    BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA      SEPTEMBER 2012   10
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   11
The power of working together


•   Our people are our greatest resource and we need everyone to be
    engaged during this period of transition

•   The objective of our community development work and engaging all
    our citizens is to ensure we can move beyond our colonial past and
    make our lives better, take advantage of our hard fought for
    opportunities, and improve the quality of life with practising and
    thriving cultures

•   We are stronger when we work together and help one another. If we
    do not we will not move forward




    BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA     SEPTEMBER 2012   12
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   13
Developing an Indian Act “exit strategy”


•   To help advance First Nations’ governance and in accordance with our
    Building on OUR Success action plan, BCAFN has developed a
    “Governance Toolkit” that is practical and relevant drawing on the
    experience of First Nations in BC and wise practices in governance

•   Toolkit takes a community development approach to governance
    reform
•   Can be used by leaders, staff and citizens to help develop their own
    governance critical path and work plan
•   A hard copy of the Toolkit has been provided to each First Nation and
    Tribal Council in BC. Web version with links to documents referenced
    in the Toolkit can be accessed through BCAFN website: www.bcafn.ca


    BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   14
BC Assembly of First Nations – Governance
                 Toolkit: A Guide to Nation Building (Structure)

The Toolkit is in a number of Parts:




             Part One:                                  Part Two:           Part Three:
          The Governance                               Governance      A Guide to Community
              Report                                 Self-Assessment       Engagement


   BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                    SEPTEMBER 2012   15
PART 1 – THE GOVERNANCE REPORT

                                                          The Report is divided into four sections:
                                                          •   Section One – Options for Governance Reform
                                                              History of evolving First Nations’ governance & the development
                                                              of options under the Indian Act, Sectoral and Comprehensive
                                                              Governance Arrangements

                                                          •   Section Two - Core Institutions of Governance
                                                              Focusing on the structure of First Nations’ Government and its
                                                              institutions of the Citizens, the Governing Body, and the
                                                              Constitution

                                                          •   Section Three - Powers (Jurisdictions) of the First
                                                              Nation Explores 33 unique jurisdictions to First Nations and
                                                              provides background, governance structures & comparatives, BC
                                                              First Nations laws/by-laws/activities, & resources

                                                          •   Section Four - Financing First Nations’ Governance
                                                              Review of costing our Nations’ governance, First Nations’
                                                              revenues, public debt financing, transfers from other
                                                              governments, principles of fiscal financing relationship, and Own
                                                              Source Revenue impact on federal transfers



BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                                              SEPTEMBER 2012        16
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   17
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   18
BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   19
PART 2 – THE GOVERNANCE SELF-ASSESSMENT

                                                          The Self-Assessment is divided into two
                                                          modules:
                                                              •   Module One - The Governing Body -
                                                                  Establishing Effective Governance
                                                                   • Guide
                                                                   • Survey/Questionnaire
                                                                   • Report
                                                              •   Module Two - The Administration -
                                                                  Establishing Effective Organization
                                                                   • Guide
                                                                   • Survey
                                                                   • Report


BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                                 SEPTEMBER 2012   20
Part 3 – A Guide to Community Engagement: Navigating
              Our Way Through the Post-Colonial Door

                                                          The Guide is divided into three sections:
                                                          •   SECTION 1: Moving Towards the Door: Social
                                                              Change and Governance Reform
                                                                  •   Social Change—Tools
                                                          •   SECTION 2: Opening the Door: Community
                                                              Engagement and Organizing for Change
                                                                  •   Community Engagement—Tools
                                                          •   SECTION 3: Walking Through the Door:
                                                              Exploring Governance Options, and
                                                              Implementing Change
                                                                  •   Governance Options—Tools




BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                                 SEPTEMBER 2012   21
Exploring Governance Options and Implementing
              Change – Walking Through the Door…




BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA   SEPTEMBER 2012   22
BCAFN GOVERNANCE TOOLKIT

                                                          If you have any questions, concerns or
                                                          additional feedback please feel free to
                                                          contact us:
                                                                  BC Assembly of First Nations
                                                                  Suite 507 – 100 Park Royal South
                                                                    West Vancouver, BC V7T 1A2
                                                                Ph: 604 922 7733, Fax: 604 922 7433
                                                                            www.bcafn.ca
                                                                       regionalchief@bcafn.ca

                                                                                            Gilakas’la,
                                                                                 Jody Wilson-Raybould
                                                                                        Regional Chief


BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA                               SEPTEMBER 2012   23

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Governance and Administration

  • 1. BANFF SYMPOSIUM 2012 Wise Practices in Indigenous Community Development “Governance and Administration” September 15, 2012 The Banff Centre - Banff, AB WWW.BCAFN.CA
  • 2. A new beginning... Moving Towards the Door… • After years of litigation, lobbying, negotiations, and persistence First Nations in BC are rebuilding our institutions of governance and re- establishing jurisdiction, both on our existing reserves and within our traditional territories • We are in an exciting period of change • But change is not easy… We must share, communicate and build on our success in order to open the post-colonial door BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 2
  • 3. An holistic approach to decolonizing BC First Nations are working together focusing on four key and interrelated areas: 1. Strong and Appropriate Governance to take advantage of our opportunities in implementing our Aboriginal title and rights, including treaty rights, and grow our economies by providing stable and sound governance that is transparent and accountable to our Citizens; 2. Fair Land and Resource Settlements to ensure our peoples and our governments have access to the resources required to support our societies including both our traditional and modern economies; 3. Improved Education to ensure our Citizens can participate in our growing economies and our governments and are able to make informed decisions about change; and, 4. Individual Health to address the colonial health legacies to ensure our Citizens are strong and can actually benefit from and enjoy their title and rights BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 3
  • 4. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 4
  • 5. Strong & Appropriate Governance • First Nations’ success stories show that strong and appropriate governance is necessary if we are to reach our full potential and maximize the opportunities created as a result of advancements in the recognition of Aboriginal title and rights, including treaty rights • Societies that govern well simply do better economically, socially and politically than those that do not. • The quality of governance, much more than its specific form, has a huge impact on the fortunes of any given society. Ours are no exception. • “Governance” and “government” come in many forms but are always needed. • Effective governance increases a society’s chances of meeting the needs of its people: is demanded by our citizens, our leaders, the Federal and Provincial governments and industry partners BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 5
  • 6. Moving Beyond the Indian Act • Since colonization systems of governance have been imposed on our Nations. First Nation’s peoples, lands and economies have been governed separate and apart from non-Aboriginal Canada under federal administrative authority in accordance with the Indian Act. • The Indian Act is neither an appropriate governance framework for First Nations’ people – nor for any people. • There is an impoverished notion of governance under the Indian Act – imposed institutions of governance and limited powers (jurisdiction) – which means our Nations follow the rules of others (we deliver federal programs and services under federal policy not under our own) • The status quo is having a negative impact on our societies ability to achieve success and our Nations are unequivocal and united in the call for change • The work is well underway in our Nations and support is required. It is no small task to decolonize and rebuild. There is a lot of fear. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 6
  • 7. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 7
  • 8. Understanding where we have come from • In order to begin to address the challenges of deconstructing our colonial reality, moving past the Indian Act and rebuilding our Nations we need to: 1. Have a common understanding of where we have come from as an historically self-governing peoples (how did we live pre-contact?), and 2. Understand our current reality and governance today under the Indian Act • This learning process is the first step in building a collective vision for our future and creating a movement for social change to support the implementation of that vision – a vision that includes an improved quality of life for our people, with practising and thriving cultures • What was the impact of colonization on…? (our ancestors? / our institutions of governance? / our culture, language and traditions? / our community?) BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 8
  • 9. “No community left out or behind…” Opening the Door… • BCAFN is committed to ensuring all First Nations’ communities in BC have the opportunity to re-establish strong and appropriate governance and to benefit from recognition of Aboriginal title and rights. This means engaging in governance reform and development • This process of reform must start at the community level and be based on each Nation’s vision, leadership and culture • Governance must be developed from the ground up. Each Nation needs to engage its citizens and develop a common vision BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 9
  • 10. A Community Development Approach • If ultimately our goal is to once again be “self-governing” then our citizens will need to be fully involved in order for the process of decolonization be successful. We need to take a community development approach • Our Citizens should be involved: As citizens we know our community best. Any governance reform we undertake will be more reflective of our needs and stronger if we develop it ourselves. Every person has a role to play, can help and is needed to build a strong, healthy and sustainable community • Our Citizens expect be involved: We have a tradition of “consensus building” and our rights are held collectively • Our Citizens have to be involved: In order to remove some or all of the application of the Indian Act we will need to “vote the colonizer (Canada) out.” BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 10
  • 11. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 11
  • 12. The power of working together • Our people are our greatest resource and we need everyone to be engaged during this period of transition • The objective of our community development work and engaging all our citizens is to ensure we can move beyond our colonial past and make our lives better, take advantage of our hard fought for opportunities, and improve the quality of life with practising and thriving cultures • We are stronger when we work together and help one another. If we do not we will not move forward BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 12
  • 13. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 13
  • 14. Developing an Indian Act “exit strategy” • To help advance First Nations’ governance and in accordance with our Building on OUR Success action plan, BCAFN has developed a “Governance Toolkit” that is practical and relevant drawing on the experience of First Nations in BC and wise practices in governance • Toolkit takes a community development approach to governance reform • Can be used by leaders, staff and citizens to help develop their own governance critical path and work plan • A hard copy of the Toolkit has been provided to each First Nation and Tribal Council in BC. Web version with links to documents referenced in the Toolkit can be accessed through BCAFN website: www.bcafn.ca BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 14
  • 15. BC Assembly of First Nations – Governance Toolkit: A Guide to Nation Building (Structure) The Toolkit is in a number of Parts: Part One: Part Two: Part Three: The Governance Governance A Guide to Community Report Self-Assessment Engagement BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 15
  • 16. PART 1 – THE GOVERNANCE REPORT The Report is divided into four sections: • Section One – Options for Governance Reform History of evolving First Nations’ governance & the development of options under the Indian Act, Sectoral and Comprehensive Governance Arrangements • Section Two - Core Institutions of Governance Focusing on the structure of First Nations’ Government and its institutions of the Citizens, the Governing Body, and the Constitution • Section Three - Powers (Jurisdictions) of the First Nation Explores 33 unique jurisdictions to First Nations and provides background, governance structures & comparatives, BC First Nations laws/by-laws/activities, & resources • Section Four - Financing First Nations’ Governance Review of costing our Nations’ governance, First Nations’ revenues, public debt financing, transfers from other governments, principles of fiscal financing relationship, and Own Source Revenue impact on federal transfers BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 16
  • 17. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 17
  • 18. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 18
  • 19. BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 19
  • 20. PART 2 – THE GOVERNANCE SELF-ASSESSMENT The Self-Assessment is divided into two modules: • Module One - The Governing Body - Establishing Effective Governance • Guide • Survey/Questionnaire • Report • Module Two - The Administration - Establishing Effective Organization • Guide • Survey • Report BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 20
  • 21. Part 3 – A Guide to Community Engagement: Navigating Our Way Through the Post-Colonial Door The Guide is divided into three sections: • SECTION 1: Moving Towards the Door: Social Change and Governance Reform • Social Change—Tools • SECTION 2: Opening the Door: Community Engagement and Organizing for Change • Community Engagement—Tools • SECTION 3: Walking Through the Door: Exploring Governance Options, and Implementing Change • Governance Options—Tools BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 21
  • 22. Exploring Governance Options and Implementing Change – Walking Through the Door… BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 22
  • 23. BCAFN GOVERNANCE TOOLKIT If you have any questions, concerns or additional feedback please feel free to contact us: BC Assembly of First Nations Suite 507 – 100 Park Royal South West Vancouver, BC V7T 1A2 Ph: 604 922 7733, Fax: 604 922 7433 www.bcafn.ca regionalchief@bcafn.ca Gilakas’la, Jody Wilson-Raybould Regional Chief BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 23