Appearance before the Standing Senate Committee on Indigenous Peoples (APPA) - Bill C-32, Fall Economic Statement Implementation Act 2022 - Division 3 of Part 4 (November 30, 2022)
Table of contents
Overview
- Scenario Note
- Opening Remarks
- First Nations Land Management Act (FNLMA) portion of Bill C-32
- Overview
- Key Messages
- Questions & Answers
- Clause-by-Clause
Supplementary Materials
- Role of ISC and CIRNAC in First Nations Land Management
- Additional Questions & Answers
- QP card - Pathways to Safe Indigenous Communities Initiative
Biographies
Scenario Note
The Standing Senate Committee on Indigenous Peoples (APPA) will be meeting on Wednesday, November 30, 2022, from 6:45 to 7:45 pm as part of its pre-study of the First Nations Land Management Act (FNLMA) component of Bill C-32. The Minister of Indigenous Services and the Minister of Crown-Indigenous Relations, along with supporting departmental officials, will be appearing in person. An overview of this process is outlined below.
Logistics
Subject: Bill C-32, Fall Economic Statement Implementation Act, 2022 - Division 3 of Part 4
Date: November 30, 2022
Time: 6:45 to 7:45 pm
Location: Senate of Canada Building (Room C128)
Witnesses
- The Hon. Patty Hajdu, Minister of Indigenous Services
- The Hon. Marc Miller, Minister of Crown-Indigenous Relations
- Lisa DeMoor, Manager, Community Lands Development, Lands and Environmental Management Branch, Lands and Economic Development, ISC
- Roxanne Gravelle, Manager, Engagement and Policy Directorate, Indigenous Institutions and Governance Modernization, Resolution and Partnerships, CIRNAC
Planned Agenda
- Minister Hajdu and Minister Miller, accompanied by departmental officials, will attend in-person.
- The appearance will be for one hour, from 6:45 to 7:45 pm. Each Minister is expected to provide opening remarks of five minutes and then answer questions.
Meeting Logistics
- The Ministers and departmental officials will be invited to sit at the table by the Chair or the Clerk of the Committee.
- The Committee Chair, Brian Francis (PSG), will open the meeting and provide instructions for the meeting proceedings. The Chair will then introduce all witnesses and invite the Ministers to deliver opening remarks of no more than five minutes. This will be followed by a question and answer session.
- Like other Senate committees, APPA does not follow an order of questioning based on political parties. The Chair decides who to call to ask questions during the meeting.
- The Chair will usually say how long each member will have for questions and responses just before the start of the time for questions. They usually have about 5 minutes.
Context
- While Senate committees are generally less partisan than House of Commons Standing Committees, Senators on this Committee tend to ask detailed questions that may result in follow-up requests.
- APPA members have not mentioned FNLMA recently. That said, Senators are historically outspoken on issues affecting Indigenous Peoples, such as self-determination and self-governance.
- Senators are likely to be supportive of the FNLMA component of Bill C-32, since it advances self-determination and self-governance and has the strong support of the Lands Advisory Board and its membership. Senators are also expected to support the strong co-development and engagement process that was undertaken by the government and the LAB on this initiative.
- Senators, including those at Minister Hajdu's appearance at Senate Question Period on November 24, 2022, have previously asked about the tuberculosis outbreak in Nunavut; departmental priorities and staffing levels; safe drinking water and water infrastructure; MMIWG; health; child welfare; Indian Act registration; child and family services; progress on the Calls to Action; housing; incarcerated Indigenous women; and, employment and education.
Opening Remarks
Speaking Notes For The Honourable Minister Patty Hajdu For An APPA Commitee Appearance
Proposed Repeal And Replacement Of The First Nations Land Management Act
Wednesday, November 30, 2022
Kwe kwe, hello, bonjour.
I would like to begin by acknowledging that I am speaking to you today from the unceded traditional territory of the Algonquin Anishinaabeg people.
Thank you for inviting me to appear before this committee today to discuss First Nations Land Management.
I want to express my full support of the repeal and replacement of the First Nations Land Management Act.
Since I have been the Minister of Indigenous Services I have heard directly from First Nations Chiefs, leaders, Elders, families and community members about how control of land is imperative to advancing economic development, improving housing, fostering more equitable health systems and addressing other challenges. The Framework Agreement on First Nations Land Management provides a formal mechanism for First Nations to take control of their land and advance their priorities for their community members.
The revised First Nations Land Management Act before you today will reaffirm the Nation-to-Nation principle that was at the foundation to the Framework Agreement on First Nations Land Management, and reaffirm Canada's commitment to ensuring that First Nations are completely in control of their own land, codes and laws.
There has been significant progress advancing First Nations land management since the previous First Nations Land Management Act came into force. Through the leadership of key partners like the Lands Advisory Board and Resource Centre, the previous Act supported 194 number of First Nations adopt their own land codes.
The proposed legislation will continue to support further build upon Canada's work with First Nations under the First Nations Land Management Framework and all of the work done under the previous legislation.
I'm proud of our ongoing work together, and I think the close relationships we've developed with First Nations truly align with the three principles I strive to uphold in my department: honesty, equity and self-determination.
Let me briefly explain Mr. Chair.
First—honesty. In 1996, Canada signed the Framework Agreement on First Nation Land Management, and since then, we've striven to uphold the spirit of that Agreement. Now, we are striving to fulfil promises made in Budget 2022 and the Fall Economic Statement—to give force of law to the Agreement by repealing and replacing the First Nations Land Management Act.
Second, equity. Canada must be a partner in ensuring true equity, which means reducing the role of Indigenous Services Canada wherever we can. First Nations Land Management does exactly that—it helps First Nations opt out of 44 provisions in the Indian Act to re-assert jurisdiction over their lands and resources.
Finally, self-determination. First Nations communities must have the autonomy to chart their own path forward. That's why my department works hand-in-hand with the Lands Advisory Board and Resource Centre to support First Nations as they disentangle from the Indian Act.
When a First Nation becomes operational under First Nations Land Management, they break away from the land provisions of the Indian Act and take control over land and environmental management. What's more, support to participating communities is increasingly led by our First Nations partners at the Resource Centre. Our support for First Nations Land Management is directly in line with our commitment to service transfer, and enabling self-determination and self-government.
In closing, Mr. Chair, I look forward to seeing the positive impact these changes would have to continue advancing prosperity in communities across the country.
Miigwetch. Thank you. Merci.
First Nations Land Management Act (FNLMA) portion of Bill C-32
Overview
An Act to Enact the Framework Agreement on First Nation Land Management Act, to Make Consequential Amendments to Other Acts and to Repeal the First Nations Land Management Act
In the early 1990s, First Nation chiefs lobbied the Government of Canada to enter into negotiations concerning the management of First Nation land. A nation-to-nation agreement was proposed that included elements of land governance. On February 12, 1996, Canada and thirteen First Nation chiefs signed the Framework Agreement on First Nation Land Management relating to First Nation land governance outside of the Indian Act. In 1999, the First Nations Land Management Act came into force to ratify the Framework Agreement.
The First Nation Land Management Act supports First Nation signatories in transitioning away from the application of 44 land related provisions of the Indian Act. In accordance with the Act and the Framework Agreement, First Nations develop their unique land codes and set of laws that address their land governance approaches. These are developed and confirmed based on a community ratification process.
Now, more than twenty years later, the process requires modernization. As well, the First Nations Land Management Act repeats some, but not all sections of the Framework Agreement, which will be addressed in the proposed legislation in order to create clarity for partners by removing duplications.
The Government of Canada co-developed the proposed legislation with the Land Advisory Board (LAB) from 2020-2022, which included regular meetings to discuss and ensure alignment on key policy objectives and resulted in a consultation draft of the proposed replacement legislation that was shared with the Lands Advisory Board and signatory First Nations to the Framework Agreement for feedback.
In 2022, during a special meeting of First Nation signatories to the Framework Agreement, a resolution on the proposed bill was presented and received unanimous support from First Nations.
Summary of the measure
The proposed legislation is a First Nation-led, co-developed initiative that would replace the First Nations Land Management Act with more concise legislation. The proposed legislation would continue ratification of the nation-to-nation Framework Agreement and better support this Agreement as the central authority through which First Nations transition away from the application of the lands related sections of the Indian Act.
The proposed legislation would simplify the ratifying federal statute, remove inconsistencies, and focus on the Framework Agreement as the central authority over First Nation land management. It would also simplify the process to amend the Framework Agreement by reducing the need for concurrent amendments to the federal legislation.
Key Messages
Issue
The First Nations Land Management Act (FNLMA) came into force in 1999 to ratify the Framework Agreement on First Nation Land Management. Now, more than twenty years later, the process requires modernization.
Talking Points
- The proposed legislation to replace the First Nations Land Management Act is a First Nation-led initiative that was co-developed in partnership with the Lands Advisory Board, the Indigenous organization that represents First Nations that are signatories to the Framework Agreement.
- The proposed legislation reduces confusion by situating the Framework Agreement as the central authority through which First Nations transition away from the lands related sections of the Indian Act.
- Under the Framework Agreement, First Nations have full jurisdiction, legal authority, and law-making powers to operate according to their own vision, as a government over their reserve lands.
- The proposed legislation would also simplify the Framework Agreement amendment process by removing the need for concurrent amendments to the federal legislation.
- Together, the proposed legislation and the Framework Agreement support First Nation self-determination and advance a nation-to-nation relationship by removing government intervention in land management activities and accelerating access to economic opportunities.
- Currently there are 194 First Nation signatories to the Framework Agreement: 101 First Nations are operating under a community approved land code, 3 First Nations have transitioned from the First Nation Land Management Act to full self-government agreements with Canada, and 90 are at various stages in developing their land codes.
Questions & Answers
Q1. What is the First Nations Land Management Act?
A1. The First Nations Land Management Act ratified the Framework Agreement on First Nation Land Management when it received Royal Assent on June 17, 1999.
For most First Nations, reserve lands are managed by Canada according to the Indian Act, using processes that are colonial, and often time-consuming and cumbersome. The Framework Agreement enables participating First Nations to enact and administer their own land codes and move out from under the application of the lands-related sections of the Indian Act.
Q2. What is a Land Code?
A2. A Land Code is a community approved set of land laws developed by a First Nation that replaces the application of land related provisions of the Indian Act.
A Land Code is unique to each First Nation and makes provisions regarding, but not limited to:
- Identifying the reserve lands to be governed by the First Nation (called "First Nation land");
- The general rules and procedures for the use and occupation of these lands by First Nation members and others;
- Financial accountability for revenues from the lands (except oil and gas revenues, which continue under federal law);
- The making and publishing of First Nation land laws, including conflict of interest rules;
- A community process to develop rules and procedures applicable to land on the breakdown of a marriage;
- A dispute resolution process;
- Procedures by which the First Nation can grant interests in land or acquire lands for community purposes; and
- The delegation of land management responsibilities, and the procedure for amending the Land Code.
Q3. Why does the current First Nations Land Management Act need to be replaced?
A3. The First Nations Land Management Act ratified the Framework Agreement but went further and duplicated certain sections of the Framework Agreement. This duplication is confusing, and will be addressed by the proposed legislation, thus creating clarity for partners. The proposed legislation would situate the Framework Agreement as the central authority through which First Nations govern their lands. It was co-developed with the Lands Advisory Board, the Indigenous organization that represents First Nations that are signatories to the Framework Agreement.
Q4. Why is the replacement required now?
A4. The First Nations land management process has seen considerable growth since the First Nations Land Management Act came into force in 1999. Through ongoing engagement with First Nations, the Lands Advisory Board has identified a number of desired improvements to the existing legislative framework to ensure the continued growth of this process. Replacing the First Nations Land Management Act would modernize the First Nation land management process to better align legislation with the needs and expectations of signatory First Nations and to recognize the First Nation-led nature of First Nation Land Management.
Q5. What are the expected benefits of the proposed legislation?
A5. Replacing the First Nations Land Management Act with more concise ratifying legislation would remove duplication between the Act and the Framework Agreement. Doing so would eliminate the need to update the federal legislation with every amendment to the Framework Agreement. It would also clearly identify the Framework Agreement as the central document through which First Nations transition away from the application of the lands-related sections of the Indian Act.
Q6. How does this proposed legislation impact potential future amendments to the Framework Agreement?
A6. By giving force of law to the Framework Agreement and having concise legislation that avoids duplication, future amendments to the Framework Agreement would not always require amendments to the ratifying legislation.
Q7. Is there support from First Nations of the proposed changes?
A7. The proposed legislation is supported by the 194 First Nations across Canada who are developmental or operational under the Act. These signatory First Nations have passed several resolutions in support of the process leading to the proposed legislation, most recently on March 15, 2022 when they unanimously passed a resolution in support of the proposed bill.
Q8. Does this initiative support commitments to advancing reconciliation and to a renewed nation-to-nation relationship with Indigenous peoples?
A8. Yes. This initiative aligns with Government commitments to advance reconciliation, support First Nation self-determination, and renew nation-to-nation relationships.
This is a First Nations-led initiative and the proposed legislation was co-developed with the Lands Advisory Board, which represents signatory First Nations to the Framework Agreement. It would provide signatory First Nations with increased control over their lands, natural resources, and environment, through means that are alternative to the Indian Act.
Q9. Was this bill co-developed?
A9. The proposed bill was co-developed with the Lands Advisory Board, as the representative organization for First Nations participating in First Nations Land Management. Government officials held various meetings with the Lands Advisory Board to co-develop the policy objectives, to share consultation drafts of the bill and to seek feedback. During a special meeting held on March 15, 2022, the Lands Advisory Board and signatory First Nations unanimously confirmed their support for the proposed legislation.
Clause-by-Clause
Subdivision A
Clause 1
This clause would provide a short title to this Bill.
Clause 2
This clause would provide a list of defined terms used in this Bill, and a list of terms that are defined under the Framework Agreement and would hold the same interpretation in this Bill.
Clause 3
This clause would reaffirm that the Framework Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982. This clause aligns with clause 1.3 of the Framework Agreement.
Clause 4
This clause would bind His Majesty in right of Canada to the Act, upon Royal Assent. The First Nations Land Management Act contains a similar provision in section 3.
Clause 5
This clause would ensure the Framework Agreement continues to have effect and has the force of law; provide the authorities to a person or body to perform the duties required to be carried out in the operation of the Framework Agreement and also subjects them to the liabilities of those duties as set out in the Framework Agreement; and ensure, for greater certainty, that the Framework Agreement is binding on, and may be relied on by, all persons and bodies.
Clause 6
This clause would provide that in case of any inconsistency or conflict between the Framework Agreement and the Act, that the Framework Agreement would prevail to the extent of the inconsistency or conflict. This was not previously included in the First Nations Land Management Act but is appropriate for this Bill since the Framework Agreement would be recognized as having the force of law. To align with clause 49.2 of the Framework Agreement it would also provide that in case of any inconsistency or conflict between the Act and any other federal law, the Act prevails to the extent of the inconsistency or conflict. Together, this would ensure the Framework Agreement prevails over any inconsistent or conflicting federal legislation, including this Bill.
Clause 7
This clause would require the Minister to make the Framework Agreement available to the public.
Clause 8
This clause would provide that on the coming into force of a land code, the rights and obligations of His Majesty in right of Canada as grantor regarding the interests or land rights and licenses as described in a First Nations' individual agreement with Canada are transferred to the First Nation whose land code came into force. It would also clarify that the individual agreement is referred to in clause 6 of the Framework Agreement.
Clause 9
This clause would provide that the First Nation Land Register established by the Minister under section 25 of the First Nations Land Management Act is continued as the First Nation Lands Register under this Bill. The Framework Agreement, under clause 51.1, requires Canada to establish a register to record documents respecting First Nation land or interests, or land rights in First Nation land.
Clause 10
This clause would continue the regulation making authority from the First Nations Land Management Act regarding the First Nation Land Register. This clause requires that regulations are made by the Governor in Council, on the recommendation of the Minister, and in accordance with the Framework Agreement. This clause also lists regulations that may be developed including, but not limited to, the registration of instruments in the registry, the development of regulations respecting the payment of fees, providing for powers related to officers and employees who administer the Register, the keeping of documents that are not registerable, the transfer of administration of the Register to any person or body and the application of section 3 of the Privacy Act for that purpose.
Clause 11
This clause would provide that judicial notice must be taken of the Framework Agreement, any land code in force, and any First Nation law. This clause would provide support in resituating the Framework Agreement as the central document in the First Nation land management process.
Clause 12
This clause would provide that there is an obligation for any party that raises a judicial or administrative challenge related to the interpretation or validity of a provision in the Framework Agreement or its ratifying legislation, to serve a notice of the challenge to the Attorney General of Canada, the Lands Advisory Board and to the First Nation whose law is being challenged. The recipient of a notice may appear and participate as a party with the same rights as any other party.
It would also set out the minimum amount of information that must be found in a notice and be served at least 30 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.
Clause 13
This clause would ensure the Statutory Instruments Act does not apply in respect of a land code, a First Nation law or an order made under subclause 14.2.1 of the Framework Agreement relating to the addition of lands to reserve.
Subdivision B
Clause 122
This Clause would clarify that the term "former Act" would mean the First Nations Land Management Act. It would also clarify that the terms "First Nation law", "Framework Agreement", "individual agreement", "interest", "land code", "licence", and "right" would rely on the definitions found in the First Nations Land Management Act.
Clause 123
This clause would ensure continuity of First Nation laws, land codes, documents, actions taken or decisions made when transitioning from the First Nations Land Management Act to this Act upon Royal Assent.
It would also specifically state that any land codes, First Nation laws, or documents made in accordance with the First Nations Land Management Act or the Framework Agreement are in force on the day this Bill comes into force.
It would also would ensure that any action taken or decisions made in accordance with the First Nations Land Management Act or the Framework Agreement before the coming into force of this Bill would not be affected by the coming into force of this Bill.
Clause 124
This clause would establish that any reference to the First Nations Land Management Act or any of its provisions in any First Nation law, land codes, individual agreement or documents referred to in clause 123, would be read as a reference to this Bill or the Framework Agreement, as the case may be.
Clause 125
This clause would amend paragraph (d) of the definition of "First Nation land" in subsection 2(1) of the Indian Oil and Gas Act. The term in the Indian Oil and Gas Act would be amended to remove reference to the First Nations Land Management Act and instead reference the Framework Agreement.
Clause 126
This clause would amend subsection 3(1) of the Indian Oil and Gas Act. Reference to the First Nations Land Management Act would continue, however, the amendment would add the words "as it read before the coming into force of the Framework Agreement on First Nation Land Management Act, or the Framework Agreement, as defined in subsection 2(1) of that Act".
Clause 127
This clause would amend section 7 of the Westbank First Nation Self-Government Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill.
Clause 128
This clause would amend subsection 26(1) of the First Nations Oil and Gas and Moneys Management Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill. This amendment would also modify the term "First Nations Land Register" to "First Nation Lands Register".
Clause 129
This clause would amend section 55 of the First Nations Oil and Gas and Moneys Management Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill.
Clause 130
This clause would amend subparagraph 62(b)(ii) of the First Nations Oil and Gas and Moneys Management Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill and update the name of the First Nation Lands Register.
Clause 131
This clause would amend the definition of First Nation land in the First Nations Jurisdiction over Education in British Columbia Act. This amendment would remove reference to the First Nations Land Management Act and includes reference to the proposed name of this Bill.
Clause 132
This clause would amend section 13 of the Tsawwassen First Nation Final Agreement Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill.
This clause would retain reference to the First Nations Land Management Act when referencing the Tsawwassen land code adopted under subsection 6(1) of that Act. However, the amendment would add the words "as it read before the coming into force of the Framework Agreement on First Nation Land Management Act" after referencing the First Nations Land Management Act.
Clause 133
This clause would amend section 22 of the Tsawwassen First Nation Final Agreement Act to change the reference from the First Nations Land Management Act to "to the First Nations Land Management Act as it read before the coming into force of this Bill".
Clause 134
This clause would amend section 24 and 25 of the Tsawwassen First Nation Final Agreement Act. This amendment would remove reference to the First Nations Land Management Act and includes reference to the proposed name of this Bill or indicate, as appropriate to maintain continuity, as it read before the coming into force of the Framework Agreement on First Nation Land Management Act."
Clause 135
This clause would amend paragraph (b) of the definition of "interest or right" in the Family Homes on Reserves and Matrimonial Interests or Rights Act. To maintain continuity, this amendment would remove reference to the First Nations Land Management Act and includes reference to the proposed name of this Bill, as well as reference a land code within the meaning this Bill.
Clause 136
This clause would amend sections 12(2) of the Family Homes on Reserves and Matrimonial Interests or Rights Act, to would remove reference to the First Nations Land Management Act and replace it with the proposed name of this Bill and when referring to land codes adopted by a First Nation, it would now reference the Framework Agreement.
Clause 137
This clause would amend paragraph 31(2)(b) of the Family Homes on Reserves and Matrimonial Interests or Rights Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill.
Clause 138
This clause would amend paragraph 36(3)(b) of the Family Homes on Reserves and Matrimonial Interests or Rights Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill. This amendment would also clarify that the term "First Nation" and "First Nation law" is defined within the meaning of this Bill.
Clause 139
This clause would amend paragraph 50(a) of the Family Homes on Reserves and Matrimonial Interests or Rights Act to remove reference to the First Nations Land Management Act and includes reference to the proposed name of this Bill and clarify that the term "land code" is within the meaning of this Bill.
Clause 140
This clause would amend paragraph 55 of the Family Homes on Reserves and Matrimonial Interests or Rights Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill.
Clause 141
This clause would amend section 10 and 11 and remove section 12 of the Tla'amin Final Agreement Act. Reference to section 12 in section 10 would therefore also be removed. This amendment would remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill.
This clause would retain reference to the First Nations Land Management Act when referencing the Sliammon First Nation Land Code adopted under subsection 6(1) of that Act. However, the amendment would add the words "as it read before the coming into force of the Framework Agreement on First Nation Land Management Act after referencing the First Nations Land Management Act.
Clause 142
This clause would amend section 13 of the Tla'amin Final Agreement Act to remove reference to the First Nations Land Management Act and include reference to the proposed name of this Bill regarding indemnification. Where reference to the First Nations Land Management Act is required, the amendment would add the words "as it read before the coming into force of the Framework Agreement on First Nation Land Management Act.
Clause 143
This clause would repeal the First Nations Land Management Act.
Role of ISC and CIRNAC in First Nations Land Management
Framework Agreement on First Nation Land Management Act
History
First Nation Land Management
First Nation Land Management is a government-to-government relationship through which First Nations can exercise increased self-determination by opting out of 44 sections of the Indian Act related to land and environmental management, and replacing them with a community-developed land code. It is enabled through the Framework Agreement on First Nation Land Management that was signed by 13 First Nations and Canada in 1996, and the First Nations Land Management Act (FNLMA) enacted by Canada in 1999.
Roles and Responsibilities of CIRNAC and ISC
The Minister of Crown-Indigenous Relations is responsible for the First Nations Land Management Act and represents Canada in the context of the Framework Agreement on First Nation Land Management.
In 2019, when the Department of Indigenous Services was created, certain operational and administrative provisions of the First Nations Land Management Act were delegated to the Minister of Indigenous Services, which is why Indigenous Services Canada plays a vital role in the delivery of services to First Nations in this area. This includes working with Indigenous partners at the Lands Advisory Board's technical arm, the First Nations Land Management Resource Centre (Resource Centre), to effectively implement the Framework Agreement, ensure First Nations are properly funded to develop and implement their land codes and support participating First Nations through the developmental process.
Together, Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada work collaboratively with the Lands Advisory Board on broad co-developed policies to strengthen and improve the Framework Agreement, providing for increased autonomy for First Nations over the management of their lands.
The Minister of Indigenous Services' current operational responsibilities delegated from the Minister of Crown-Indigenous Relations are rooted in federal legislation. However, should the proposed bill come into force, the Framework Agreement will have the force of law, making it the central authority on the First Nation Land Management process. As future delegated responsibilities would need to originate from provisions in the Framework Agreement, a new delegation instrument is being developed.
Joint Lands Advisory Board, Resource Centre (LABRC)-ISC Priorities Related to First Nation Land Management'
Currently, the Lands Advisory Board, Resource Centre and Indigenous Services Canada are collaborating on joint priorities related to First Nation Land Management, including the renegotiation of operational funding which, as per the Framework Agreement, which must be renegotiated every five years and is set to expire March 31, 2023.
Collaboration also continues on service transfer, with the recent implementation of a streamlined intake process that increases the leadership of the Resource Centre in recommending new First Nation signatories to the Framework Agreement. It should be noted that First Nation Land Management is on track to meet the Budget 2018 commitment to add 50 new signatories by the end of 2022/23.
Indigenous Services Canada, in collaboration with other concerned federal departments, also continues engagement with the Lands Advisory Board and the Resource Centre on measures to improve the enforcement of Land Codes, including consideration of any changes that might be required to the Framework Agreement. For example, Indigenous Services Canada is supporting a Tripartite Table with the Province of Ontario and the Chiefs of Ontario to examine barriers to enforcement and identify possible solutions. The Resource Centre is a key participant in this Table.
Indigenous Services Canada also continues to engage with the Lands Advisory Board and the Resource Centre on the implementation of Budget 2021 commitments to reduce the existing inventory of Additions to Reserve proposals and support capacity within First Nations so that they may further take control over their lands and Additions to Reserve processes.
Additional Questions & Answers
Key Message For Each Question:
- The proposed legislation would not impact current operations or day-to-day implementation of First Nations Land Management. Its purpose is to ratify and give force of law to the Framework Agreement in order to situate it as the central authority through which First Nations govern their lands.
To Be Aware
- The Lands Advisory Board Chairman, Robert Louie and Director, Bill McCue, as well as Andrew Beynon, the Resource Centre Land Code Governance Director, appeared at the Standing Senate Committee on Indigenous Peoples as part of this study on Tuesday, November 22, 2022.
- The Lands Advisory Board and Resource Centre both support this proposed legislation based on their engagement and support expressed by Land Code First Nations. The proposed legislation is viewed as enabling future improvements to First Nations Land Management that could be addressed through Framework Agreement amendments rather than via legislative amendments, thus accelerating implementation.
First Nation Land Management Implementation
Q. Which First Nations are eligible to become signatories to the Framework Agreement?
A. Any First Nation with reserve lands within the meaning of section 91(24) of the Constitution Act, 1867 or with lands set aside in Yukon are eligible to become signatories to the Framework Agreement.
Q. How does a First Nation enter into First Nation Land Management?
A. A First Nation submits a Band Council Resolution to the First Nations Land Management Resource Centre or an Indigenous Services Canada (ISC) regional office, requesting to be added to the Framework Agreement on First Nation Land Management (Framework Agreement). The First Nation and Canada then sign an adhesion document, formally adding the First Nation as a signatory to the Framework Agreement.
The First Nation next enters into a Developmental Phase Funding Agreement with the First Nation Land Management Resource Centre and begins to develop its own land code.
During the developmental phase, a First Nation develops both their land code and an individual agreement with Canada. The individual agreement signed between Canada and the First Nation addresses the details of transferring land administration and revenues as well as outlines operational funding details.
The individual agreement and the land code must be approved by the First Nation membership. Once a community approved land code comes into effect and the individual agreement is signed, the First Nation now has control and law-making authority over its First Nation lands and resources, which are removed from 44 sections of the Indian Act .
Q. What is an individual agreement?
A. An individual agreement is an agreement between a First Nation developing a land code under the Framework Agreement and Canada. The agreement includes a description of the First Nation's lands that are to be governed by a land code and sets out funding information related to First Nation revenues and operational funding.
Q. Do First Nations develop all their laws before becoming operational under a land code?
A. No. The land code is the basic land law of the First Nations to replace the 44 sections of the Indian Act over reserve lands and resources. First Nation laws can be developed in accordance with the First Nation's land code. The land code and its proposed law-making approach, as well as other proposed rules, must be agreed to by eligible First Nation voters (on and off-reserve) in a ratification vote before it can be implemented. There is no requirement that all laws be developed in advance of a ratification vote.
First Nation Land Management (Key Players) & Relationship With ISC
Q. What is the Lands Advisory Board?
A. The Lands Advisory Board is an organization established by First Nations through the Framework Agreement to support First Nation Land Management. It maintains the nation-to-nation relationship with Canada on behalf of the signatory First Nations. It is comprised of regionally elected representatives from First Nations with land codes in force. The Lands Advisory Boards' functions include:
- proposing amendments to the Framework Agreement on First Nation Land Management and the federal ratifying legislation to the Minister of Crown-Indigenous Relations;
- negotiating funding methodology with Canada following consultation with First Nations;
- establishing and providing guidance to the First Nations Land Management Resource Centre.
Q. What is the First Nations Land Management Resource Centre?
A. The First Nations Land Management Resource Centre (Resource Centre) was established by the Lands Advisory Board to provide technical assistance, training, tools and resources on the development and implementation of First Nation land codes. It also distributes federal funding to signatory First Nations to support the development of land codes. The Resource Centre and the Lands Advisory Board worked jointly with government officials on developing the proposed legislation to the benefit of the signatory First Nations.
Q. What is the relationship between the Lands Advisory Board/Resource Centre and ISC?
A. ISC works collaboratively with the Lands Advisory Board and the Resource Centre to implement the Framework Agreement on First Nation Land Management, in the spirit of promoting First Nation self-government and self-determination. This collaboration is effective through different mechanisms: for example, ISC regional officers and Resource Centre technicians work together to support First Nations in the developmental phase, while ISC Headquarters and the Resource Centre National Staff work together to develop and refine operational policies, including joint agreements, approaches, and directives. ISC also provides funding to the Lands Advisory Board and Resource Centre to implement their important mandates.
Q. Are there challenges to this relationship or related to the implementation of First Nation Land Management?
A. In general, ISC enjoys a positive working relationship with the First Nations Land Management Resource Centre, and the two organizations work closely together to support First Nations communities. However, given the legacy of jurisdictional, lands and environmental challenges on reserve, owing to decades of mismanagement under the Indian Act , at times the relationships with First Nations communities and partners can be challenging. In this context, ISC and the Resource Centre have worked closely together to develop and improve upon their operational guidance, policies and practices. ISC and the Resource Centre also hold meetings twice a month to ensure ongoing discussion and collaborative responsiveness to emerging issues.
Funding
Q. Does the Government of Canada provide funding to First Nation Land Management?
A. Yes. Canada provides various streams of funding to First Nations Land Management, which are not impacted by the current effort to replace the existing legislation. Funding streams to First Nation signatories to First Nations Land Management include:
- Developmental funding to assist with the community approval process, developing a land code and entering into an individual agreement with Canada. This funding is channeled through the First Nations Land Management Resource Centre to the First Nation.
- Operational funding is used by the First Nation to manage its land, and to make, administer, and enforce its laws under a land code. The amount is set out in the individual agreement with Canada. Funds are administered by ISC, based on a funding formula negotiated between Canada and the Lands Advisory Board on behalf of signatory First Nations.
- In addition to Operational Funding, transitional funding supports First Nations during the first two years that they are operating under their land code to develop their laws, structures and processes as they transition away from the application of the land-related sections of the Indian Act .
- Proposal-based funding is also provided and administered by the Resource Centre, offering flexibility for First Nations who want to address specific priorities, such as enforcement or environmental management.
In addition to funding to First Nations, ISC also provides funding to the Lands Advisory Board and Resource Centre to implement their important mandates.
Q. How is the funding determined?
A. Under the Framework Agreement on First Nations Land Management, Canada is required to renegotiate operational funding with the Lands Advisory Board, which represents land code First Nations, every five years. Canada and the Lands Advisory Board and the Resource Centre are currently in discussions with respect to renewal of this funding as the current Memorandum of Understanding expires March 31, 2023.
Specific Areas
Economic development and other Indian Act alternatives
Q. Does this initiative promote economic development?
A. Together, the proposed legislation and the Framework Agreement support First Nation self-determination and advance a nation-to-nation relationship by removing government intervention in land management activities and accelerating access to economic opportunities.
More specifically, First Nations exercising jurisdiction under the Framework Agreement on First Nation Land Management should be better placed to take advantage of economic opportunities as they are able to make decisions at the speed of business, away from the barriers posed by the Indian Act.
Additions to reserve
Q. Will this initiative have any impact on the Additions to Reserve process?
A. The proposed legislation would not impact the department's ability to process additions to reserves pursuant to the First Nations Land Management Act or the Additions of Lands to Reserve and Reserve Creation Act. Its purpose is to simply ratify and give force of law to the Framework Agreement in order to situate it as the central authority through which First Nations govern their lands.
That said, ISC will continue to engage with the Lands Advisory Board and the Resource Centre on how best to implement Budget 2021 commitments to reduce the existing inventory of Additions to Reserve proposals and support capacity within First Nations so that they may further take control over their lands and Additions to Reserve processes.
Enforcement
Q. What is ISC doing to address the challenges related to enforcement of First Nations laws and by-laws?
A. First Nations have several law-making authorities available to them under comprehensive self-government, sectoral self-government agreements (e.g., the Framework Agreement on First Nation Land Management), and bylaw-making powers under the Indian Act .
On the ground, communities continue to face challenges related to the enforcement of First Nation by-laws and laws as also noted in the Standing Committee on Indigenous and Northern Affairs' June 2021 report, "Collaborative Approaches to Enforcement of Laws in Indigenous Communities." Barriers include: insufficient awareness of First Nations laws within enforcement and justice systems; a lack of jurisdictional clarity or inter-governmental agreements for law enforcement and prosecution, and inadequate resources or scale to establish community-based enforcement and prosecution systems.
While beyond the scope of this legislative initiative, it is important to note:
- As it relates to First Nation Land Management, ISC continues to engage with the Lands Advisory Board and Resource Centre on measures to improve enforcement of First Nations land codes. ISC also provides some supports for enforcement, including for enforcement pilot projects administered by the Resource Centre. In collaboration with the Department of Justice and Public Safety Canada, ISC is also supporting a Tripartite Table with the Province of Ontario and the Chiefs of Ontario to examine barriers to enforcement of First Nations laws and bylaws and identify possible solutions. The Resource Centre has been a key participant in this Table.
- With regards to the enforcement of First Nations laws more generally, including Indian Act bylaws, ISC continues to work with other federal departments, such as Justice and Public Safety, and First Nations communities to better understand and address the challenges related to First Nation law and by-law enforcement. ISC also provides various streams of support for law development and training, including through the Pathways to Safe Indigenous Communities Initiative announced in Budget 2021.
For instance, last week I was pleased to join Grand Chief Settee in announcing our partnership with Manitoba Keewatinowi Okimakanak (MKO) to support law-making capacity in MKO First Nations.
Pathways to Safe Indigenous Communities Initiative
- The Pathways to Safe Indigenous Communities Initiative supports the implementation of Indigenous-designed projects that support and improve community safety and well-being.
- Budget 2021 committed $103.8 million over five years to the Initiative and on November 28, 2022 an additional $20 million over four years was announced.
- First Nations communities and organizations on and off reserves, modern treaty agreement holders, self-government agreement holders, Inuit and Métis communities and organizations, and organizations that serve urban Indigenous individuals and Indigenous 2SLGBTQQIA+ people are all eligible for funding.
If pressed on Pathways to Safe Indigenous Communities Initiative
- This initiative supports projects that recognize the importance of traditional knowledge and practices and contribute to greater community safety for Indigenous Peoples.
- Projects include after-school programs for youth, safe streets and transportation initiatives, land-based activities, and culture and language programming, as well as initiatives to support the safety and well-being of Indigenous women, girls and 2SLGBTQQIA+ people.
Background
Announced in Budget 2021, the Pathways to Safe Indigenous Communities Initiative provides $103.8 million over 5 years to assist First Nations, Inuit and Métis communities and partners, both on and off-reserve, to implement Indigenous-designed projects to improve community safety and well-being. On November 28, 2022, the Government of Canada announced an additional investment of $20 million over four years to top up the Pathways to Safe Indigenous Communities initiative.
The Pathways Initiative aims to fund services for Indigenous communities, women, children, and families across Canada – including First Nations, Inuit, Métis, urban, and Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning, Intersex, and Asexual + (2SLGBTQQIA+) people. Funding recipients provide Indigenous Peoples with community services that are developed and implemented through an Indigenous lens, targeting the specific safety and well-being needs of the communities. The intention of the program is to assist Indigenous individuals and communities to:
- support the development and delivery of culturally relevant and community/organization identity specific safety and well-being initiatives
- address community safety and well-being needs that support reconciliation, resiliency, and capacity of Indigenous communities/organizations and their members, contribute to and promote a sense of belonging of community members, address intergenerational trauma, address systemic barriers and biases within existing systems, recognize the impact of lived experiences
- support Indigenous designed interventions and Indigenous definitions of safe, secure and resilient communities
Committee Member Biographies
Mary Coyle
(ISG)
Nancy J. Hartling
(ISG)
David M. Arnot
(ISG)
Kim Pate
(ISG)
Dan Christmas
(ISG)
Yonah Martin
(C)
Dennis Glen Patterson
(CSG)
Scott Tannas
(CSG)
Sandra M. Lovelace Nicholas
(PSG)
Brian Francis
(PSG)
Patrick Brazeau
(Non-affiliated)
Mary Coyle – Independent Seantors Group (ISG) Nova Scotia (Antigonish)
Biographical Information
Mary Coyle was appointed to the Senate in 2017 by Prime Minister Justin Trudeau (Retires November 4, 2029).
Senator Coyle holds a diploma in French Language from the Université de Besançon in France and a Bachelor of Arts in Languages and Literature from the University of Guelph. She also has a Master of Arts in Rural Planning and Development from the University of Guelph.
In 1997, Senator Coyle joined St. Francis Xavier University, serving as Vice President and Director of the school's Coady International Institute, a centre of excellence in community-based development and leadership education.
Since 2014, Senator Coyle has worked as the Executive Director of the Frank McKenna Centre for Leadership at St. Francis Xavier University. She also continues to work as an advisor and facilitator for various organizations, including the Haitian Centre for Leadership and Excellence and the Friends United Indigenous Arts and Culture Initiative.
Senator Coyle played a role in the establishment of the Stephen Lewis Foundation, the Romeo Dallaire Child Soldiers Initiative, and the Indian School of Microfinance for Women.
On May 27, 2022, Senator Coyle received an honorary degree, Doctor of Business Management from the Meru University of Science and Technology in Kenya.
Senator Coyle serves on the Senate Aboriginal Peoples and Foreign Affairs Committees, and she is co-founder and co-chair of Senators for Climate Solutions.
Nancy J. Hartling – Independent Senators Group (ISG) New Brunswick
Biographical Information
Nancy J. Hartling was appointed to the Senate in 2016 by Prime Minister Justin Trudeau (Retires November 10, 2034).
Senator Hartling completed two university degrees and founded the non-profit organization Support to Single Parents Inc. (SSPI) of which she was the Executive Director for thirty-four years. She has advocated locally, provincially and nationally on socio-economic issues facing single parents and their children, and has led innovative programs to address the challenges for low-income single mothers.
Senator Hartling was also a founding member of St. James Court Inc., an affordable housing complex for single parents. She has contributed to programs for the elderly and has been researching healthy aging and population needs. In her work she built and maintained partnerships with all levels of government, community agencies, universities and educational institutions, businesses and media. Her involvement on women's issues has been extensive, including co-chairing the provincial Minister's Working Group on Violence against Women, serving on the Board of the Muriel McQueen Fergusson Centre for Family Violence Research, co-chairing for New Brunswick for the Women's World March 2000, as well as lecturing at the University of New Brunswick.
Senator Hartling's record of achievement in community service, in organizational leadership and in advocacy has been recognized with several awards, such as the Governor General's Award in Commemoration of the Persons Case, the Community Spirit Award from the United Way of Greater Moncton and Southeastern New Brunswick, and the Order of New Brunswick.
David M. Arnot - Independent Senators Group (ISG) Saskatchewan
Biographical Information
David M. Arnot was appointed to the Senate in 2021 by Prime Minister Justin Trudeau (Retires April 16, 2027).
Senator Arnot holds a Juris Doctor from the College of Law at the University of Saskatchewan. His legal career serving the people of Saskatchewan started in 1976.
He worked as the federal Treaty Commissioner for the Province of Saskatchewan provincial court judge, a Crown prosecutor, and as Director General of Aboriginal Justice in the Department of Justice Canada.
In 1993, as a judge with the Provincial Court of Saskatchewan, Senator Arnot closely worked with the Poundmaker First Nation to pioneer the use of sentencing circles and restorative justice measures. In 2004, Senator Arnot's work on the "Teaching Treaties in the Classroom" project was recognized by the United Nations Special Rapporteur on Racism.
Senator Arnot is the recipient of the Queen Elizabeth II Golden Jubilee Medal, the Distinguished Service Award from the Canadian Bar Association's Saskatchewan Branch, the Miklos Kanitz Holocaust & Human Rights Award, and the University of Saskatchewan's Canada 150 Nation Builders alumnus award.
He was named CTV's 2016 Saskatoon Citizen of the Year and was recognized as one of Canada's top 150 Leaders and Innovators by the Transformation Institute for Leadership and Innovation in 2018.
Kim Pate – Independent Senators Group (ISG) Ontario
Biographical Information
Kim Pate was appointed to the Senate in 2016 by Prime Minister Justin Trudeau (Retires: November 10, 2034).
Senator Pate graduated from Dalhousie Law School in 1984 with honours in the Clinical Law Program and has completed post graduate work in the area of forensic mental health. Trained as a teacher and a lawyer, she has been at the forefront of public education campaigns, research, and legislative and administrative reform at the regional, national and international level, and has spent nearly 40 years working in and around the legal and penal systems of Canada.
From 1992 to 2016, she worked with and on behalf of women in prison and provided support toward their reintegration into society in her role as the Executive Director of the Canadian Association of Elizabeth Fry Societies (CAEFS). She has also shed light on the special needs of Indigenous women and their overrepresentation in Canadian federal prisons, and those with mental health issues.
A part-time professor in the University of Ottawa's Faculty of Law, she has authored many articles in academic journals. She has also served on a host of boards, committees and advisory groups, and is currently on the advisory board of the National Women's Legal Mentoring Program, Human Rights International's Canadian Advocacy Committee, and Legal Aid Ontario's Prison Advisory Committee.
Senator Pate has developed and taught Prison Law, Human Rights and Social Justice and Defending Battered Women on Trial courses at the Faculties of Law at the University of Ottawa, Dalhousie University and the University of Saskatchewan.
Dan Christmas, (Deputy Chair) – Independent Senators Group (ISG) Nova Scotia
Biographical Information
Dan Christmas was appointed to the Senate in 2016 by Prime Minister Justin Trudeau (Retires: September 10, 2031).
Senator Christmas is from Membertou, a First Nation of less than 2,000 on Cape Breton Island. He is the first Mi'kmaw Senator to be appointed to the Senate of Canada.
Senator Christmas has been actively involved in the implementation of Mi'kmaw Indigenous and treaty rights in Nova Scotia. He served as the Band Manager for the Community of Membertou for five years. He also worked for the Union of Nova Scotia Indians for 15 years, and served as Director for the last 10 years. He was elected councilor in Membertou for 18 years as well as a senior advisor to the First Nation for almost two decades.
Senator Christmas has been active in a number of international, national, provincial and local agencies in a wide range of fields including aboriginal & treaty rights, justice, policing, education, health care, human rights, adult training, business development and the environment.
In 2005, Senator Christmas was awarded an honorary Doctor of Laws degree from Dalhousie University and an honorary diploma from the Nova Scotia Community College in 2016. In 2008, he was the recipient of the National Excellence in Indigenous Leadership Award from the Aboriginal Financial Officers Association of Canada.
Senator Christmas is the Deputy Chair of APPA.
Yonah Martin – Conservative Party of Canada (C) British Columbia (British Columbia)
Biographical Information
Yonah Martin was appointed to the Senate in 2009 by Prime Minister Stephen Harper. (Retires April 11, 2040).
Senator Martin is the first Canadian of Korean descent to serve in the Senate, and the first Korean-Canadian parliamentarian in Canadian history. After immigrating to Canada in 1972, she attended the University of British Columbia. Senator Martin had a 21-year teaching career prior to being appointed to the Senate.
Senator Martin is involved in bridging communities, and co-founded C3 Korean Canadian Society, along with several regional, national and international Boards and Advisory Councils.
From 2013 to 2015, she was the Deputy Leader of the Government in the Senate, and was the Deputy Whip of the Government from 2011-2013. She is currently the Deputy Leader of the Opposition in the Senate (since 2015).
In recognition of her community service in the Tri-Cities region, Yonah Martin was awarded the 2004 Spirit of Community Award for Cultural Harmony. In 2009, she was awarded the Order of Civil Merit Moran Medal by the president of the Republic of Korea for outstanding leadership and work in advancing the rights of overseas Koreans; and in 2012, the Queen Elizabeth II Diamond Jubilee Medal by Governor General David Johnston.
Dennis Glen Patterson - Canadian Senators Group (CSG) Nunavut
Biographical Information
Dennis Glen Patterson was appointed to the Senate in 2009 by Prime Minister Stephen Harper (Retires December 30, 2023).
Prior to his appointment, Senator Patterson (Nunavut) was Premier of the Northwest Territories.
As a member of the Legislative Assembly in the Northwest Territories, Senator Patterson served as Minister of Education, Minister of Health and Social Services and Minister of Justice, culminating in his service as Premier between 1987 and 1991.
He played a key role in the settlement of the Inuvialuit final agreement and the Nunavut final land claim agreement. Senator Patterson also served as a leader of the more than twenty-year campaign which led to the establishment of Nunavut as Canada's newest territory in 1999.
After serving as Premier, Senator Patterson established a private consulting firm, was admitted to the Law Society of Nunavut in 2001 and since 2003 has been a Trustee and, until September 2015, was the Chair of Governance, Compensation and Nomination Committee of the Northern Property Real Estate Investment Trust.
Senator Patterson is a former Chair of APPA during the 41st Parliament.
Scott Tannas – Canadian Senators Group (CSG) Alberta
Biographical Information
Scott Tannas was appointed to the Senate in 2013 by Prime Minister Stephen Harper (Retires: February 25, 2037).
Prior to his appointment, Senator Tannas was the founder, president and CEO of Western Financial Group Inc.
Senator Tannas is currently the director of a number of private and public businesses, a member of the Ranchmen's Club of Calgary, and fundraiser for SOS Children's Villages Canada, and chairman of the Western Communities Foundation. He is an advisor to the next generation of leaders at Western Financial Group. He is also founder and CEO of Western Investment Company of Canada which invests in strong successful enterprises headquartered in western Canada.
Senator Tannas is the Leader of the Canadian Senators Group and Senate Reform one of his key issues. He was a founding member of the Special Senate Committee on Senate Modernization, which delivered a series of reports advocating sweeping changes to the operations of the Senate, and he is also a member of the Aboriginal Peoples Committee and the Committee of Internal Economy, Budgets and Administration.
Sandra M. Lovelace Nicholas – Progressive Senate Group (PSG) New Brunswick
Biographical Information
Sandra M. Lovelace Nicholas was appointed to the Senate in 2005 by Prime Minister Paul Martin. (Retires April 15, 2023).
Senator Lovelace studied at St. Thomas University for three years and has a degree in residential construction from the Maine Northern Technical College. She is a Maliseet woman from the Tobique First Nation, NB. She has helped to secure rights for Aboriginal women in Canada, and is one of the Indigenous Famous Six. In the 1980s into the 1990s, she and five others challenged discriminatory provisions of the Indian Act, which deprived Indigenous women of their status when they married non- Indigenous. She was instrumental in bringing the case before the United Nations Human Rights Commission and lobbying for the 1985 legislation which reinstated the rights of First Nation women and their children in Canada.
In 1990, Senator Lovelace Nicholas was awarded the Order of Canada, and in 1992, she received the Governor General's Award in Commemoration of the Persons Case.
Brian Francis, (Chair) – Progressive Senate Group (PSG) Prince Edward Island
Biographical Information
Brian Francis was appointed to the Senate in 2018 by Prime Minister Justin Trudeau. (Retires September 28, 2032).
Senator Francis completed a four-year apprenticeship in carpentry and became the first Indigenous person in PEI to receive his inter-provincial red seal trade certificate. He went on to obtain a Certificate in Conflict Resolution Studies from the University of Prince Edward Island.
Senator Francis has 40 years of combined experience in government positions from the front lines to management. He served in various capacities with the public service including from 2002 to 2007 as the Aboriginal Coordinator with the Department of Fisheries and Oceans, where he acted as a point of contact for Prince Edward Island First Nations on fisheries related matters. Coming from a fishing family, he used his years of knowledge and firsthand experience to assist the Prince Edward Island First Nations with implementing their funding agreements. Senator Francis led the development of various infrastructure projects including a biodiversity and enhancement hatchery to support conservation and sustainability, a water tower to secure reliable access to safe drinking water, and developments to increase access to safer and secure housing.In addition, Senator Francis was one of the formal signatories to the Canada/Prince Edward Island/Mi'kmaq Partnership Agreement and the Canada/Prince Edward Island/Mi'kmaq Consultation Agreement, which set out a framework for consultation on proposed actions or decisions that could adversely impact asserted or established Aboriginal and treaty rights in the province.
From 2007-2018, Senator Francis was the elected Chief and Band Administrator of the Abegweit Mi'kmaq Nation. During his term, he worked to improve the social, economic and cultural well-being of his community.
In June 2021, Senator Francis sponsored a bill in the Senate that led to the federal establishment of the National Day for Truth and Reconciliation on September 30 of each year. Senator Francis subsequently advocated for Prince Edward Island to follow suit. In October 2021, Prince Edward Island became the first province to officially designate September 30 as National Day for Truth and Reconciliation.
Senator Francis is the Chair of APPA.
Patrick Brazeau – Non-affiliated Quebec (Repentigny)
Biographical Information
Patrick Brazeau was appointed to the Senate in 2008 by Prime Minister Stephen Harper. (Retires: November 11, 2049).
Senator Brazeau is a member of the Algonquin community of Kitigan Zibi, and was the National Chief of the Congress of Indigenous Peoples (CAP) from February 2006-January 2009.
He served in the Canadian Armed Forces and holds a diploma in Social Sciences from Heritage College and has also studied Civil Law at the University of Ottawa.
Senator Brazeau is an advocate for mental health, and accountability, responsibility and transparency regarding Indigenous Affairs. He is a founding member of the board of directors of the Montreal-based Aquarium Foundation, a not-for-profit, charitable organization dedicated to promoting the well-being of today's children, adolescents and young adults.
He is vocal proponent for the replacement of the Indian Act with more progressive legislation that aims to reconstitute true historical First Nations, including jurisdiction over their own affairs. He supported the efforts to hold an inquiry into Missing and Murdered Indigenous Women and Girls, and also he supported fundraising money for cancer research.