CITY WIDEIMPLICATIONS

CITY OF HAMILTONFINANCE AND CORPORATE SERVICES

Office of the City Clerk

Report to: Mayor and MembersCommittee of the Whole

Submitted by: Kevin Christenson,City Clerk

Date: February 6, 2003 Prepared by: Mary Gallagher (905) 546-4304

SUBJECT: First Nations Governance Act - Bill C-61 (FCS03039) (City Wide) (CityWide)

RECOMMENDATION:

(a) That City Council request the Government of Canada to take all steps necessaryto ensure an improved level of consultation in the development of any legislationaffecting First Nations people;

(b) That this resolution be forwarded to the Rt. Honourable Jean Chretien, PrimeMinister of Canada; the Honourable Robert Nault, Minister of Indian and NorthernAffairs, Chief Roberta Jamieson, Six Nations of the Grand River, M.P.'s and AMOand FCM.

Kevin Christenson, City ClerkFinance & Corporate Services

EXECUTIVE SUMMARY:

Committee of the Whole at its meeting of January 21, 2003 entertained a presentation byChief Roberta Jamieson, Six Nations of the Grand River Territory. Chief Jamiesonaddressed her concerns to committee respecting the proposed legislation and requestedCouncil's support in asking the Federal Government to withdraw the proposed firstNations Governance Act.

BACKGROUND:

SUBJECT: First Nations Governance Act - Bill C-61 (FCS03039) (City Wide) (CityWide) - Page 2 of 3

In the Summary of Bill C-61, it is noted that the Act will provide governance tools tobands operating under the Indian Act in matters of leadership selection, administration ofgovernment, financial management and accountability, legal capacity and law making. Itmakes a number of related amendments to the Indian Act.

The Bill was tabled by the Minister of Indian and Northern Affairs, Robert Nault inparliament on June 14, 2002 and has passed first reading. A copy of the Minister'sSpeaking notes are attached as Appendix A.

The Bill has been referred to the Standing Committee on Aboriginal Affairs, NorthernDevelopment and Natural Resources before second Reading. The Committee isaccepting written or taped submissions no later than February 14, 2003.

Committee of the Whole, members viewed a video titled "A Call to Action". The videohighlighted the effects the legislation will have on the First Nations people.

In her presentation, Chief Jamieson reaffirmed the concerns of the people of the SixNations including shortage of adequate housing, lack of safe drinking water, high rates ofunemployment, incarceration and suicide especially amongst aboriginal youth.

The Chief stressed that there are alternatives which would better reflect the needs of theFirst Nations people and meet the requirements of the Federal Government.

Following the presentation, Committee of the Whole directed the City Clerk to prepare aresolution for Committee's consideration and the resolution is before you.

The County of Brant and Haldimand County have approved similar resolutions and theyare attached as Appendix B.

ANALYSIS OF ALTERNATIVES:

Option One

In the alternative, Chief Jamieson circulated an Open Letter in Support of First Nationsaddressed to the Rt. Honourable Jean Chretien, attached as Appendix C, shouldCouncil wish to forward the letter as opposed to the recommendation before you.

Option Two

As well, if Council wishes to provide a stronger opposition to the legislation, you maychoose to recommend the following:

(a) That City Council request the Government of Canada to withdraw BillC-61 toallow for improved level of consultation in the development of this and anylegislation affecting First Nations people;

(b) That this resolution be forwarded to the Rt. Honourable Jean Chretien, PrimeMinister of Canada; the Honourable Robert Nault, Minister of Indian and Northern

SUBJECT: First Nations Governance Act - Bill C-61 (FCS03039) (City Wide) (CityWide) - Page 3 of 3

Affairs, Chief Roberta Jamieson, Six Nations of the Grand River, M.P.'s and AMOand FCM.

FINANCIAL/STAFFING/LEGAL IMPLICATIONS:

None

POLICIES AFFECTING PROPOSAL:

None

CONSULTATION WITH RELEVANTDEPARTMENTS/AGENCIES:

Staff responsible to the Corporate Secretariat Volunteer Committee as well as Accessand Equity Co-ordinator.

CITY STRATEGIC COMMITMENT:

This resolution supports the goals of the City's Strategic Plan by "supporting people inNeed, with care" - Council will seek to work with other levels of Government and thecommunity to ensure that people in need are supported and cared for."