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On a scale of one to five how would you rate the level of knowledge in your community of Indian Affairs' policies in the following areas: elections, environment, wills and estates, human resources, membership, natural resources, moneys, additions to reserve, lands management and law-making?
That is one of the questions being posed to First Nation people by the Assembly of First Nations as they gather the information that will be needed to change the policies of Indian Affairs.
For more than a year now, the AFN and Indian Affairs have worked together on an initiative concerning lands and trusts services. At least 80 per cent of the Indian Act, which governs the lives of First Nation people who live on reserve, is related to lands and trusts.
In 1987, Indian Affairs reviewed lands and trusts policy after the auditor general released a report that critically examined the way Indian Affairs managed First Nation lands and resources.
National Chief Phil Fontaine said if First Nation people decide they do not like the proposed process or outcomes, then the AFN will not proceed further. The AFN is "cautiously optimistic" that the process will be First Nations-driven. The gathering of input from First Nation people across Canada is just beginning, and analysts at the AFN maintain regional interests of First Nation people will be reflected in the proposed changes to the policies of the Indian Act.
Ontario Regional Chief Tom Bressette, co-chair of the initiative, said the team of researchers and analysts for the AFN are working with certain recent key legal events in mind.
"In the Corbiere-Batchewana court decision First Nation rights are being tested," said Bressette.
Last month, the Supreme Court decided off-reserve residents have some rights to vote in some band elections. The court gave Indian Affairs and First Nation leaders 18 months to revise the Indian Act to bring it up to speed with the court's decision.
On June 11, the First Nations Land Management Act, otherwise known as Bill C-49, passed in both houses of Parliment and royal assent will follow within the next month.
In a press release, Fontaine approved of the bill, saying it will give First Nations the right to set up property codes on reserve and distribute leases and licenses for reserve land without the prior approval of Indian Affairs.
The legislation will come into effect immediately for the 14 bands that have signed agreements with Indian Affairs. There are more than 600 other bands in Canada who may follow in future agreements on land management.
The Native Women's Association of Canada launched a breach of duty lawsuit against Indian Affairs Minister Jane Stewart in mid-June, claiming the bill discriminates against First Nation women's rights to matrimonial property on reserve after a marriage breakdown. As the legislation is now written, First Nations will be able to make decisions on how matrimonial property will be affected, by developing codes to be ratified through community referendums.
Fontaine insists that the joint initiative that will change policies affecting First Nation people across Canada will be directed by First Nations, not Indian Affairs. Ultimately, the initiative will result in a framework agreement endorsed by the AFN and Indian Affairs, but Fontaine points out, the initiative is not about making amendments to the Indian Act at this point in time.
At a June 11 First Nations media information session on the AFN/INAC joint initiative in Ottawa, the national chief and officials from Indian Affairs explained the reason why the message of the lands and trust services initiative needed to be heard.
"The fact is that the AFN is working on this initiative now by taking the interests and concerns of First Nations people and making the changes that will benefit them in the long run," said Fontaine.
The AFN received the go-ahead on the joint initiative from the chiefs at their confederacy meeting in March 1998.
Indian Affairs' director genral of registration, revenues and band governance, Ray Hatfield, explained how the information is gathered on a regional level.
"The AFN and INAC are not directly involved in the regional process; each region uses different strategies and the consultation is based on community involvement," said Hatfield.
The goal of regional information is to get the issues and concerns that are specific to each region, said Hatfield. The involvement of each region is coordinated by AFN regional vice-chiefs who will make decisions on what the approach will be in gathering the information.
Indian Affairs officials said at least $5.2 million is earmarked for the workplan outlining regional involvement, but an overall funding figure or breakdown was not available at the information session in Ottawa.
The reports are not back yet from most regions, said Hatfield. The information-gathering consultations and research are expected to last at least another 18 months. A progress report on the joint initiative will be presented at the AFN's annual assembly in July in Vancouver.
Officials from AFN and Indian Affairs could not comment on how the recommendations to change Indian Affairs policies will be ratified.
How referenda will be conducted will be decided at the annual general assembly, said Hatfield.
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