BACKGROUNDER
First Nations Land Management Initiative
The Framework Agreement on First Nation Land Management is a government to government agreement with Canada that allows First Nations to once again resume and exercise their own jurisdiction, controls, and decision-making over their 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 an additional First Nation 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.
Since the passage of the First Nation Land Management Act, many First Nations communities have ratified their individual land codes and are now exercising their own jurisdiction and control over their reserve land and resources.
Together, the Framework Agreement on First Nation
Land Management and the First Nation Land Management Act
make up the First Nations Land Management Initiative. The
First Nations Land Management Initiative is a First Nations driven initiative
developed in full partnership between the government of Canada and the
signatory First Nations.
Five of the 14 signatory First Nations are now operating
under their own land codes, they are: Mississaugas of Scugog Island
First Nation (Ontario)
Chippewas of Georgina Island First Nation (Ontario)
Muskoday First Nation (Saskatchewan)
Lheidli T'enneh First Nation (British Columbia)
Opaskwayak Cree nation (Manitoba)
The remaining nine signatory First Nations are in various stages of
their community process.
The First Nations Land Management Initiative offers
First Nations the ability to create modern tools of
governance over their lands and resources, specifically with respect
to:
• developing land codes;
• passing laws (in areas such as the environment and matrimonial
real property);
• enforcing laws;
• establishing intergovernmental relationships with provincial
and municipal governments; and
• clarifying the legal status of Bands and Band Councils.
Since the signing of the Framework Agreement
and the passage of the FNLMA there has been
significant interest by other First Nations across Canada.
In March 2002, the First Nations Land Management Initiative
was opened up to other First Nations in
addition to the 14 signatories. This Initiative has proven to be successful
in building First Nations’
capacity in the area of land management and increasing economic development
opportunities on
reserve. The Initiative is a tool First Nations have said they need
to provide the freedom and
responsibility to manage their own reserve lands, natural resources,
and revenues in a way that works
best for them. It allows First Nations to make timely business and administrative
decisions without
having to get approval by the Minister of Indian Affairs and Northern
Development.
In the transition process of coming under the Initiative, a participating
First Nation will develop a land
code setting out the basic rules for the new land regime. The land code
is developed with the full
involvement of the community and must be ratified by voting members
living both on and off-reserve.
The First Nation also enters into an individual agreement with the Government
of Canada to determine
the level of operational funding for land management and to set out
the specifics of their transition to the new regime. Once the land code
and the agreement are adopted by the First Nation membership and
are in effect, the land administration provisions of the Indian Act
no longer apply to that community.
Through this Initiative, First Nations also have the ability to enact
and enforce sound environmental
management and protection laws. First Nations will negotiate an environmental
management agreement
and assessment agreement with the Government of Canada. The provinces
are also invited to
participate in these agreements, in an effort to harmonize environmental
standards.
This Initiative also makes it possible for a participating First Nation
to address the issue of matrimonial
real property in their community in a way that does not discriminate
on the basis of gender.
Participating First Nations must establish a community process to develop
rules and procedures to deal
with matrimonial property within 12 months from the date the land code
takes effect. Under the
Initiative, First Nations develop laws that are applicable on the breakdown
of a marriage with respect
to the use, occupancy and possession of First Nation land, the division
of interests in that land.
This Initiative is an important building block to First Nations self-governance.
The First Nations Land
Management Initiative is a key component of the Government of Canada’s
commitment to
strengthening governance practices, as was outlined in the Speech from
the Throne. Through this
Initiative, First Nations are improving the quality of life in their
communities by building capacity and
increasing economic development opportunities.
Historical
Information of Songhees Reserve Lands
For more information on the First Nations Land Management
Initiative visit www.fafnlm.com
March 2003