Strategic Policy, Planning and LawStrategic Policy, Planning and Law
Mandate The Strategic Policy, Planning and Law (SPPL) unit is the coordinating point between the National Chief’s Office, the Executive Committee and the AFN Secretariat with respect to strategic planning and the horizontal integration of policy development. The SPPL unit’s function is to advance the interests of First Nations through effective planning, analysis and coordination with respect to the AFN’s engagement in the national policy context. Key Issues and Activities
Government and Parliamentary Relations Since the July Annual General Assembly (AGA), the AFN has coordinated a number of activities, to introduce the new National Chief to Parliamentarians and to launch a new Strategic Plan and Priorities. These include:
As part of efforts to improve ongoing communication with federal officials, the National Chief had a dinner meeting with Deputy Ministers on October 5, 2009, to outline priorities for the AFN and to explore areas for innovative and collaborative policy work. This initial dialogue was followed by a meeting between the National Chief and a network of Assistant Deputy Ministers, focused on collaborative work that could be furthered through the lens of supporting First Nations education and lifelong learning. Federal bills on the House of Commons list have included an Act to amend the Indian and Oil Gas Act, an Act respecting family homes situated on First Nation reserves and matrimonial interests or rights to structures and lands on reserve, and an Act to give effect to the Maa-nulth Final Agreement. As well, the AFN Housing and Infrastructure Secretariat made a presentation to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities on Bill C-304, a Private Member’s Bill on Secure, Adequate, Accessible and Affordable Housing. Operationally, the AFN has also completed general updates to its House of Commons committee lists, Senate Committee on Aboriginal Peoples updates, mailing lists, and other key information to assist in outreach and education to Parliamentarians. Council of the Federation The Council of the Federation (CoF) has been an important ally over the past years and progress has been made in evolving this relationship with the AFN each subsequent year beginning in 2004, along with leaders from other National Aboriginal Organizations (NAOs). This year’s meeting of the CoF took place in Regina, Saskatchewan, on August 5th. The meeting agenda included: 1. Aboriginal engagement with the Federal Government 2. H1N1 Flu Virus 3. Education and Skills Training 4. Economic Development The AFN tabled a brief discussion paper at this meeting based on the agenda above and made five recommendations, including a call for the establishment of an “Aboriginal Affairs Ministers Working Group” that would carryout work between meetings of the CoF. Premiers at this year’s meeting responded favourably to the AFN’s proposals, which included the establishment of a working group comprised of provincial Aboriginal Affairs Ministers, and calling for a First Ministers Meeting (FMM) on Aboriginal Issues in 2010. The inaugural meeting of the Aboriginal Affairs Working Group took place on October 29 (see below). Aboriginal Affairs Working Group The inaugural meeting of the Aboriginal Affairs Working Group (AAWG) took place on October 29, in Toronto, as a result of a proposal made by AFN at the Council of the Federation in August. The AAWG was attended by the leaders of five National Aboriginal Organizations, along with the Provincial and Territorial Minister of Aboriginal Affairs and their representatives, as well as the federal Minister of Indian Affairs, Chuck Strahl. The AAWG meeting was a success. Agreement was reached to begin working on two focal areas – Education and Economic Development – in anticipation of a subsequent meeting in April 2010. In addition, it was agreed that Health & Well-being would be added as a substantive item of focus following the meeting in April. The federal Minister also committed to take part in these ongoing discussions, and committed his officials to join the technical working group. A resolution is expected to be brought forward at the AFN’s December Assembly in Ottawa relating to AFN’s engagement as a part of this process. Citizenship & Membership First Nation Citizenship remains a priority and the AFN has been monitoring developments with regards to the BC Court of Appeal decision in McIvor v. Canada (April 6, 2009) and INAC’s activities to amend the Indian Act in response. The AFN continues to advocate for recognition of First Nation jurisdiction to determine their own citizenship and has urged Canada to enter into a full process of consultation with First Nations to transition away from Indian Act status, and put their own systems in place. Repeal of s. 67 of the Canadian Human Rights Act Legislation passed in June 2008, repealing s.67 of the Canadian Human Rights Act (CHRA) opened the door for individuals to challenge decisions made pursuant to the Indian Act. The new legislation also called for a three-year transition period to enable First Nations to prepare for the application of the CHRA and, further, contained a provision which obligated the Government of Canada, together with organizations representing First Nations, to undertake a study to identify the requirements for First Nation communities and organizations to comply with the CHRA. In response to the repeal of s. 67, the Chiefs-in-Assembly mandated the AFN to act in a facilitative and coordinating role for the purposes of assisting First Nations in response to the implementation of the CHRA which will take effect in June 2011. The AFN plans to coordinate 10 meetings, one in each region, to gather First Nations input. It is expected that the meetings and logistics will be handled through the AFN Regional Offices, and work is currently underway to secure dates. Treaties Work following the establishment of the National Council of Treaty Chiefs (NCTC) in March 2009 is now underway. Phase 2 of this initiative involving local / regional outreach will culminate at this year’s Special Chiefs Assembly. A large number of meetings have been hosted / attended by National Chief Atleo to re-affirm the AFN’s role going forward. Several sessions will also be held to clarify what and how the AFN can support Treaty Nations at this year’s Special Chiefs Assembly. This will include the advancement regional sessions, one of which is expected to take place in the early New Year as the basis for further regional sessions in the next fiscal year. This work is being carried out pursuant to the Political Agreement, signed by the Minister of Indian Affairs and the National Chief in November 2007, where Canada committed to address Treaty-related issues not addressed by new Specific Claims Tribunal legislation. Specific Claims There has been a lull in activity relating to the advancement of work relating to Specific Claims until well into the second half of this fiscal year. Work is now recommencing and it appears that the Specific Claims Tribunal is about to become fully functional – judicial appointments are imminent and a new Registrar has also been identified for the Tribunal. Following the receipt of Royal Assent for Bill C-30 (the Specific Claims Tribunal Act) in June 2008, the AFN has been working on this file under the auspices of the Liaison & Oversight Committee struck as a part of the Political Agreement signed by the Minister and National Chief in November 2007. Work in the balance of this fiscal year is expected to focus on claims processing and funding; the establishment of an Alternative Dispute Resolution (ADR) centre; and the establishment of a framework for Five Year Review. Some elements of our work – for example, the establishment of a meaningful process to address claims that exceed the $150M threshold of the Tribunal – have still to be worked out. The AFN will continue to work with the Chiefs Committee on Claims and the Liaison & Oversight Committee in an effort to accelerate progress on the resolution of specific claims and related issues. Additions to Reserve Reforming the Additions to Reserve (ATR) process is an issue identified as a part of the work that began to take place on Specific Claims in 2007. There is no statutory authority under the Indian Act or any other federal legislation to set aside land as a reserve. The act of adding land to existing reserves or creating a new reserve is an exercise of the Royal Prerogative through an Order in Council (OIC). Work is now underway with Canada to identify a basis from which to review how the ATR process can be improved. A technical committee is being established and progress on this issue will be pursued with the guidance of the Chiefs Committee on Claims, and consistent with the mandate received from the Chiefs-in-Assembly with respect to the Political Agreement. Other SPPL Activities In addition, SPPL continues to facilitate a range of other regular AFN activities including:
Anticipated Outcomes by March 31, 2010
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