Thanks so much for having me today. I'll get right into it and speed along.
I'm going to talk about the Framework Agreement on First Nation Land Management, which is a groundbreaking government-to-government agreement that was initially signed in 1996 by 13 first nations and Canada. It recognizes the inherent right of first nations to govern their lands, environment and resources according to their own laws. The same agreement provides an option for first nations to re-establish their jurisdiction and governance authority, as well as to begin to dismantle the colonial and outdated Indian Act.
First nations avail themselves of the framework agreement opportunity by signing it and by working with their members to design and ratify a land code. Once ratified by the first nation, the land code replaces 33 sections of the Indian Act that deal with land. That's about a quarter of the Indian Act.
There are two main first nations organizations that assist communities through the interested, developmental and operational phases of the Framework Agreement on First Nation Land Management.
The first is the first nations Lands Advisory Board, or LAB, which is an organization made up of elected members from first nations that have passed a land code. Its role is mainly to provide policy and planning at the political level, intergovernmental relations, and political advocacy with signatory and interested first nations. The responsibilities of the LAB on behalf of all signatory first nations are prescribed by the framework agreement, as ratified by the First Nations Land Management Act, FNLMA.
For technical and administrative purposes, the LAB created the First Nations Land Management Resource Centre in December 2001. The purpose of the resource centre is to discharge the technical responsibilities of the LAB. Hence, both the LAB and its resource centre are committed to supporting operational first nations in developing the land, environment and resource governance capacity required to achieve and sustain effective and appropriate self-determination through the lens of the framework agreement.
The role of the LAB and the resource centre is to provide sustained, high-level advice and technical support services at the request of first nations. The timing and sequence for meeting these obligations are primarily determined by first nations. Our role is advisory, not prescriptive. That is key.
Each community is presented with a challenging opportunity that spans many years of transitional activity, leading to the full exercise of their land, environment and resource governance powers and associated responsibilities.
Once they have ratified their land codes and individual agreements, first nations face the challenge of developing a customized land, environment and resource governance system to give effect to their community values and aspirations. In this regard, first nations differ from comparable local governments off reserve, which manage lands within the fully defined, prevailing provincial legislative and governance framework.
Furthermore, the contemporary resumption of indigenous land governance frameworks by first nations following a hundred years of imposed Indian Act rule can be a complicated and time-consuming effort. This process is considered an act of decolonization, first nation by first nation. That is our perspective. Operational first nations have reported that the transitional period can range from several years to beyond a decade.
Land code first nations exercise self-government over their lands. This includes the authority to decide what systems and personnel can best suit their needs. Individual first nations are best placed to decide how best to build capacity over time and retain skilled employees.
We recommend that federal government programming, as well as funding that assists with capacity development, remain flexible and responsive to the individual needs of first nations. The federal government should not impose a single approach or federal capacity targets. To do so not only would be ineffective, but it would also be a colonial approach to the important issue of building capacity.
We also take a very flexible approach in responding to the needs and priorities of individual first nations. Our goal is not to certify or impose a single model of education on communities with different land codes, needs, cultures, structures or locations, but to augment and build upon established skills.
We work with first nations staff, leadership and communities to provide regular and customized opportunities for increasing training, mentoring and professional development. The implementation of a land code cannot and should not fall on the back of one person. That implies that there are a lot of community members involved in capacity-building. The framework agreement was not designed for this.
Further, A to Z complete training while working on a job is not always the best answer for a first nation with an ambitious work plan and complicated land transactions.
We also highly recommend that first nations use their operational funding dollars to provide competitive salaries for land governance directors and other staff involved in the implementation of a land code.
Operational first nations are on the cutting edge of re-establishing their governance in a post-Indian Act context. There is no instruction manual for this, but we've managed to establish an extensive network of communities that are having similar experiences, challenges and successes. This shared model of innovation is what drives the training curriculum we offer to first nations.
This subject matter relevancy, coupled with instructors from first nations that have experienced the development and implementation of a land code, is critical to the effectiveness of our strategy. We also work with other first nation organizations, both regional and local, to help provide even greater training opportunities and combinations.
Can we do more? Absolutely. We are continually looking to expand our strategy, enhance curriculum and build partnerships with other organizations to increase support for first nations.
Thanks very much for your time.