Governance and Administration

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BANFF SYMPOSIUM 2012 Wise Practices in Indigenous Community Development

“Governance and Administration”

September 15, 2012The Banff Centre - Banff, AB

BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS /// WWW.BCAFN.CA SEPTEMBER 2012 2

Moving Towards the Door…

• After years of litigation, lobbying, negotiations, and persistence First Nations in BC are rebuilding our institutions of governance and re-establishing jurisdiction, both on our existing reserves and within our traditional territories

• We are in an exciting period of change

• But change is not easy… We must share, communicate and build on our success in order to open the post-colonial door

A new beginning...


BC First Nations are working together focusing on four key and interrelated areas:

1. Strong and Appropriate Governance to take advantage of our opportunities in implementing our Aboriginal title and rights, including treaty rights, and grow our economies by providing stable and sound governance that is transparent and accountable to our Citizens;

2. Fair Land and Resource Settlements to ensure our peoples and our governments have access to the resources required to support our societies including both our traditional and modern economies;

3. Improved Education to ensure our Citizens can participate in our growing economies and our governments and are able to make informed decisions about change; and,

4. Individual Health to address the colonial health legacies to ensure our Citizens are strong and can actually benefit from and enjoy their title and rights

An holistic approach to decolonizing



• First Nations’ success stories show that strong and appropriate governance is necessary if we are to reach our full potential and maximize the opportunities created as a result of advancements in the recognition of Aboriginal title and rights, including treaty rights

• Societies that govern well simply do better economically, socially and politically than those that do not.

• The quality of governance, much more than its specific form, has a huge impact on the fortunes of any given society. Ours are no exception.

• “Governance” and “government” come in many forms but are always needed.

• Effective governance increases a society’s chances of meeting the needs of its people: is demanded by our citizens, our leaders, the Federal and Provincial governments and industry partners

Strong & Appropriate Governance


• Since colonization systems of governance have been imposed on our Nations. First Nation’s peoples, lands and economies have been governed separate and apart from non-Aboriginal Canada under federal administrative authority in accordance with the Indian Act.

• The Indian Act is neither an appropriate governance framework for First Nations’ people – nor for any people.

• There is an impoverished notion of governance under the Indian Act – imposed institutions of governance and limited powers (jurisdiction) – which means our Nations follow the rules of others (we deliver federal programs and services under federal policy not under our own)

• The status quo is having a negative impact on our societies ability to achieve success and our Nations are unequivocal and united in the call for change

• The work is well underway in our Nations and support is required. It is no small task to decolonize and rebuild. There is a lot of fear.

Moving Beyond the Indian Act



• In order to begin to address the challenges of deconstructing our colonial reality, moving past the Indian Act and rebuilding our Nations we need to:

1. Have a common understanding of where we have come from as an historically self-governing peoples (how did we live pre-contact?), and

2. Understand our current reality and governance today under the Indian Act

• This learning process is the first step in building a collective vision for our future and creating a movement for social change to support the implementation of that vision – a vision that includes an improved quality of life for our people, with practising and thriving cultures

• What was the impact of colonization on…? (our ancestors? / our institutions of governance? / our culture, language and traditions? / our community?)

Understanding where we have come from


Opening the Door…

• BCAFN is committed to ensuring all First Nations’ communities in BC have the opportunity to re-establish strong and appropriate governance and to benefit from recognition of Aboriginal title and rights. This means engaging in governance reform and development

• This process of reform must start at the community level and be based on each Nation’s vision, leadership and culture

• Governance must be developed from the ground up. Each Nation needs to engage its citizens and develop a common vision

“No community left out or behind…”


• If ultimately our goal is to once again be “self-governing” then our citizens will need to be fully involved in order for the process of decolonization be successful. We need to take a community development approach

• Our Citizens should be involved: As citizens we know our community best. Any governance reform we undertake will be more reflective of our needs and stronger if we develop it ourselves. Every person has a role to play, can help and is needed to build a strong, healthy and sustainable community

• Our Citizens expect be involved: We have a tradition of “consensus building” and our rights are held collectively

• Our Citizens have to be involved: In order to remove some or all of the application of the Indian Act we will need to “vote the colonizer (Canada) out.”

A Community Development Approach



• Our people are our greatest resource and we need everyone to be engaged during this period of transition

• The objective of our community development work and engaging all our citizens is to ensure we can move beyond our colonial past and make our lives better, take advantage of our hard fought for opportunities, and improve the quality of life with practising and thriving cultures

• We are stronger when we work together and help one another. If we do not we will not move forward

The power of working together



• To help advance First Nations’ governance and in accordance with our Building on OUR Success action plan, BCAFN has developed a “Governance Toolkit” that is practical and relevant drawing on the experience of First Nations in BC and wise practices in governance

• Toolkit takes a community development approach to governance reform

• Can be used by leaders, staff and citizens to help develop their own governance critical path and work plan

• A hard copy of the Toolkit has been provided to each First Nation and Tribal Council in BC. Web version with links to documents referenced in the Toolkit can be accessed through BCAFN website: www.bcafn.ca

Developing an Indian Act “exit strategy”

http://www.bcafn.ca/


The Toolkit is in a number of Parts:

BC Assembly of First Nations – Governance Toolkit: A Guide to Nation Building (Structure)

Part One: The Governance

Report

Part Two:Governance

Self-Assessment

Part Three: A Guide to Community

Engagement


The Report is divided into four sections:• Section One – Options for Governance Reform

History of evolving First Nations’ governance & the development of options under the Indian Act, Sectoral and Comprehensive Governance Arrangements

• Section Two - Core Institutions of GovernanceFocusing on the structure of First Nations’ Government and its institutions of the Citizens, the Governing Body, and the Constitution

• Section Three - Powers (Jurisdictions) of the First Nation Explores 33 unique jurisdictions to First Nations and provides background, governance structures & comparatives, BC First Nations laws/by-laws/activities, & resources

• Section Four - Financing First Nations’ Governance Review of costing our Nations’ governance, First Nations’ revenues, public debt financing, transfers from other governments, principles of fiscal financing relationship, and Own Source Revenue impact on federal transfers

PART 1 – THE GOVERNANCE REPORT





The Self-Assessment is divided into two modules:

• Module One - The Governing Body - Establishing Effective Governance

• Guide• Survey/Questionnaire• Report

• Module Two - The Administration - Establishing Effective Organization

• Guide• Survey• Report

PART 2 – THE GOVERNANCE SELF-ASSESSMENT


The Guide is divided into three sections:

• SECTION 1: Moving Towards the Door: Social Change and Governance Reform

• Social Change—Tools

• SECTION 2: Opening the Door: Community Engagement and Organizing for Change

• Community Engagement—Tools

• SECTION 3: Walking Through the Door: Exploring Governance Options, and Implementing Change

• Governance Options—Tools

Part 3 – A Guide to Community Engagement: Navigating Our Way Through the Post-Colonial Door


Exploring Governance Options and Implementing Change – Walking Through the Door…


If you have any questions, concerns or additional feedback please feel free to contact us:

BC Assembly of First NationsSuite 507 – 100 Park Royal South

West Vancouver, BC V7T 1A2Ph: 604 922 7733, Fax: 604 922 7433

www.bcafn.ca [email protected]

Gilakas’la,Jody Wilson-Raybould

Regional Chief

BCAFN GOVERNANCE TOOLKIT

http://www.bcafn.ca/

mailto:[email protected]

Documents

Governance and Administration