First ministers' deal gets chiefs' approval

At a special assembly held in Ottawa in December, a resolution that essentially endorses the agreement reached at the first ministers' meeting (FMM) in Kelowna on Nov. 24 and 25 was passed unanimously by consensus, if you don't count the Quebec chiefs who abstained en masse.
Resolution 3 is a carefully-crafted three-page document that took a great deal of negotiation to finalize.

Although National Chief Phil Fontaine publicly and repeatedly defended the multi-billion dollar, 10-year plan hammered out during the FMM that is designed to reduce poverty and close the gaps in quality of life for Aboriginal people, most of the bargaining over the fine points of the resolution happened away from the assembly floor.

Six Nations Chief Dave General told Windspeaker that Fontaine supporters and the senior staff in the national chief's office worked hard to ensure that the chiefs-in-assembly would pass the resolution. General said he was able to negotiate a number of items that he wanted in the resolution and therefore was able to support it.

"The fact the chiefs will have final approval of the financial commitments of the FMM was a real positive," he said.

The resolution stated that the chiefs view the money for First Nation issues promised during the Kelowna meetings "as an important first step." The resolution also contains language that seeks to remind the federal government of its fiduciary obligation and protect against erosion of treaty rights.

But, despite the willingness to include a number of clauses that satisfied the concerns of a number of regions, the national chief and his officials couldn't get everyone on board.

Quebec Vice-chief Ghislain Picard stated his region's position on Day 2 as the resolution was being debated. As Picard stood at one of the microphones located in the conference hall, the Quebec delegation rose to stand behind him.

The Quebec chiefs had decided in Regina, while attending another special assembly in late October, to refuse to participate in or support the FMM. Picard said a lot of pressure had been applied to the Quebec delegation after they made that decision.

"In Quebec most people don't make a difference between sovereigntists and separatists. As far as we're concerned as First Nations, there's a difference. As First Nations we are sovereigntists. We are not separatists," he said. "I guess it's probably important to say this morning that the position coming from the First Nations' perspective in Quebec and Labrador has nothing to do with 'us against you' or us against all of the regions across the country. We stated in Regina that we have too much respect for our sister nations across the country to get into that."

In his statement, he explained the Quebec chiefs' vision that seeks respect and implementation of their treaty and Aboriginal rights, and recognizes full access, control and jurisdiction over their lands, territories and resources.

"It is the only sustainable means to alleviate the deplorable social and economic situations of many of our people. The negotiation processes required by the [AFN-Quebec and Labrador] to realize this vision must respect Canada's constitutional framework insofar as it creates a fiduciary obligation upon the federal government to act in our best interests," he said.

He said the chiefs' relationship with the provincial government in Quebec is not an easy one and the idea of involving provincial governments in the FMM initiatives was one his region could not accept.

"The involvement of the Quebec government in such discussions is subject to conditions suitable to the realignment of current arrangements," he said. "The FMM agenda was wrong. The discussion with the provinces and the federal government should have focussed in rights, jurisdiction, lands and resources."

He also stated that sitting at the table with other Aboriginal groups was a concern to his region.

"The unique historical relationships and rights of the First Nations require distinct discussions involving the First Nations exclusively without involving other Aboriginal peoples or groups. The multi-lateral and pan-Aboriginal process established at the FMM poses a danger to the status and rights of the First Nations of Quebec and Labrador (AFNQL). The FMM will make it difficult for the AFNQL to secure its own appropriate processes because the parameters for intergovernmental interaction have now been set," said Ghislain Picard.

Saying the Quebec region "will continue to participate in the AFN for the time being," Picard added that Quebec "will also assert its rights to a fair share of new program resources announced at the FMM."

Shortly after Picard completed his remarks, British Columbia Grand Chief Ed John invited the B.C. chiefs to stand as he spoke "because they did the honor of standing as they presented their comments to us."

"We know in Quebec that there are still many land issues to be resolved, as there are in British Columbia," John said. "When we saw the first ministers' conference agenda and the tremendous focus on the social and economic gaps to our people, we decided it was important for us to address that issue. But we also noticed very keenly, because we have been involved in negotiations with Canada and British Columbia on the land rights and treaty rights issue, that we needed to have some presence around that issue. We spoke to the national chief to ensure that there were statements, and in fact his opening statements dealing with Aboriginal and treaty rights were very strong. We, in fact, wrote those paragraphs into the opening presentation because of the concern that we had, the exact concern that you expressed here this morning."

John said the B.C. region had struck a very positive regional FMM implementation deal with their provincial government that addressed the concerns raised by Quebec.

In an effort to promote unity, John recognized the gesture of respect shown by the Quebec chiefs.
"I think it's really important to ensure, at least from the chiefs in British Columbia, that we take this opportunity to raise our hands to the Quebec chiefs with the honor that you've done to us and the commitment that you've made that you will consider all of the options that you have in front of you," he said.

The Regional Chief for Nova Scotia and Newfoundland, Rick Simon, told Picard he was having a hard time understanding the Quebec position.

"I respect the position that the Quebec chiefs have put forward here and I say this with all due respect. I'm trying to find an understanding. My understanding, of what we negotiated leading to this FMM and the approach that the assembly tried to take was to empower the regions, my region, every region of this country, to be able to engage as we see fit," he said.

Simon said it is very important that the AFN be united.

"The enemy is not within the room. I truly believe that. We may not see eye to eye. We may have differences. But at the end of the day, by talking or trying to understand we can come out of here and stand side by side and be stronger. I do support the idea of you choosing your own path, just like we choose our own path," he said. "I believe that the only way we're going to move the bar, and I think we moved the bar in Kelowna and unless we can talk and understand our differences by talking, we're just going to create divisions that other people are going to use against us. It'll take away from the good work that collectively as a national organization we're trying to do."

British Columbia Grand Chief Doug Kelly drew the discussion to a close when he spoke after Simon.

"I do understand what I heard from Regional Chief Ghislain Picard. They're here. They're going to stay here until they decide otherwise. They're concerned about the government of Quebec. They're concerned about their unresolved land issues. They're concerned about the resources and all the wealth of opportunity that's being harvested and taken away from them on their own lands," he said. "They have those concerns and they're looking amongst themselves to determine how they're going to move forward. I understand and appreciate that. If you need any advice or any support from British Columbia, you'll find we'll be there."