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FIRST NATIONS LAND MANAGEMENT (FNLM)

BROKENHEAD OJIBWAY NATION LAND CODE INITIATIVE – PLAN OF ACTION

Over the next couple  months, Chief & Council and the FNLM development committee will inform the membership of the details of the development of the Brokenhead Ojibway Nation land code. Nothing will be finalized without membership approval.

MANDATE OF CHIEF & COUNCIL AND FNLM DEVELOPMENT COMMITTEE

  • To fully inform membership
  • Obtain direction from membership to move forward

BROKENHEAD OJIBWAY NATION LAND CODE INITIATIVE – PLAN OF ACTION

Over the next couple  months, Chief & Council and the FNLM development committee will inform the membership of the details of the development of the Brokenhead Ojibway Nation land code. Nothing will be finalized without membership approval.

COMMUNICATION DETAILS

  • Framework agreement on land management
  • Historical information on Brokenhead
  • Ojibway Nation reserve lands
  • Current situation
  • Ratification procedures
  • BON land code and individual agreement

HISTORY

The Framework Agreement on First Nation Land Management is a government to government agreement with Canada where First Nations resume and exercise their own jurisdiction, control, and decision making over their own lands and resources.

The Framework Agreement was signed by the Minister of Indian Affairs and Northern Development and 13 First Nations on February 12, 1996 (with additional First Nations added in May 1998.) The framework agreement was ratified by Canada by the passage of the First Nation Land Management Act Bill (C-49) in June 1999.

LAND CODE PROCESS

The Framework Agreement is a First Nation driven initiative.

Each First Nation develops and ratifies their own land code that reflects their own laws, priorities, traditions, and ways of doing things.

All voting members both on and off reserve are involved in the land code ratification.

Nothing is finalized without community approval.

The fiduciary relationship to the crown is refined, except to the extent that the land management comes under First Nation control.

Title to First Nation reserve land is not affected by the Framework Agreement; First Nation land continues to be land reserved for Indians within the meaning of section 91 (24) of the Constitutional Act of 1867. Constitutional protection are retained.

Treaty and aboriginal rights are not affected. The Framework Agreement is not a Treaty. As a general rule, there is no expropriation by the federal or provincial governments of reserve Lands. Canada is still responsible to correct past wrongs (not including land claims) that occurred on existing reserve lands before the First Nation’s land code takes effect. There will be continued protection of third party and individual band member’s interest’s on reserve lands.

A Land Code WILL NOT:

  • Grant taxation powers;
  • Create “fee simple” land or any other type of alienable land interest;
  • Affect additions to reserve;
  • Affect land claims
  • Increase provincial or municipal jurisdiction

BENEFITS

The Framework Agreement will benefit BON in making timely business and administrative decisions without having to go to the Minister of Indian Affairs for approval.

The Framework Agreement enables First Nations to enact and enforce sound
environment management and protection laws.

The Framework Agreement makes it possible for First Nations to adequately deal with the issue of matrimonial property in their respective communities in a way that does not discriminate on the basis of gender.

FUTURE PARTICIPANTS

As part of the original legislation there was a provision that provided First Nations to opt into the process. As of March 2003 and additional 30 First Nations are eligible to participate.

Approximately 60 additional First Nations have provided formal Band Council Resolutions expressing interest in coming under the Framework Agreement on First Nation Land.

OPERATIONAL FIRST NATIONS

Since the passage of the First Nation Land Management Act, the following First Nation communities have ratified their individual land codes and are now in control of their lands and resources:

  • Lheidli T’enneh, British Columbia
  • McLeoud Lake, British Columbia
  • Westbank, British Columbia
  • Beecher Bay, British Columbia
  • Tsawwassen, British Columbia
  • Ts’kw’aylaxw (Pavilion), British Columbia
  • T’Sou-ke First Nation, British Columbia
  • Kinstin, Saskatchewan
  • Muskoday, Saskatchewan
  • Muskeg Lake First Nation, Saskatchewan
  • Whitecap Dakota Sioux, Saskatchewan
  • Opaskwayak Cree Nation, Manitoba
  • Mississauges of Scugog Island, Ontario
  • Chippewas of Georgina Island, Ontario
  • Nipissing, Ontario
  • Sliammon, British Columbia
  • Shxwa:y Village First Nation, British
    Columbia

CONTACT

Gord Bluesky – FNLM Coordinator
Phone: 204.485.5310
Email: lands@bon261.net

FNLM Assistant – Sarah Sinclair
Phone: 204.766.2494
Email: bonfrontreception@outlook.com