First Nation Land Management Act

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Presentation transcript:

First Nation Land Management Act Mistawasis Indian Reserve 103 BOX 250 Leask, SK. S0J 1M0 306-466-4800 306-466-2299 Fax Treaty 6 First Nation Land Management Act

First Nation Land Management Act Presently - Land Management of lands on Mistawasis is under the control of the Indian Act - any activity on lands needs to comply with the Indian Act In 1996 – 14 First Nations signed the Framework Agreement with Canada to develop a process on how to give more control of Lands on a Reserve to the First Nation Government. In 1999 the Government of Canada passed the First Nation Land Management Act that identified the process for a First Nation to assume control of their lands.

Mistawasis Nêhiyawak First Nation Land Management On July 12, 2013, Mistawasis submitted an application to be part of the Framework Agreement. On Dec. 12, 2013 Mistawasis was accepted to the “Framework Agreement” under the “First Nation Land Management Act” By signing onto the Framework Agreement the Government of Canada allows Mistawasis to develop their own Land Code

Taking Control of Land Management On July 3, 2014 Mistawasis signed on to the “Framework Agreement” which starts the developmental process to administer our lands This allows Mistawasis to exercise control over their lands by developing a Land Code that reflects their laws, priorities and traditions

Mistawasis Nêhiyawak – Land Code Allows Mistawasis to make timely business decisions without having to go to INAC for approval Enables Mistawasis to enact and enforce environmental management laws Allows Mistawasis to make rules relating to matrimonial real property Takes away expropriation provisions of Province Allows Mistawasis to make land related laws Land Code acknowledges all previous agreements in place: such as leases, permits and Certificate of Possessions. They will be subject to the Land Code

Mistawasis I.R. Land Base Lands included in Land Code Mistawasis 103 30,700 acres Mistawasis 103A 163.4 acres Mistawasis 103B 336.3 acres Mistawasis 103C 299.73 acres Mistawasis 103D 4,813.8 acres Mistawasis 103E 20 acres

Mistawasis Land Base continued Lands not included in Land Code: These lands were still under Specific Claims prior to drafting Land Code. Will be added after vote Mistawasis 103F 315.36 acres Mistawasis 103G 79 acres Mistawasis 103H 318.79 acres Mistawasis 103I 146 acres Mistawasis 103J 625,15 acres Mistawasis 103L 160 acres Another 4,828.45 acres held by Specific Claims Trust is in process of gaining Reserve Status The Land Code allows any new lands acquired to become part of the Land Code once they gain Reserve Status

Mistawasis – Number of Eligilbe Voters Population: 2,687 as of September 2016 1,836 Eligible Voters for Ratification of Land Code 7.3(b) of Act: all Eligible voters must register to vote an a majority of registered voters vote to approve Land Code 7.4 of Act: Land Code not approved if less than 25% plus 1 of all eligible voters voted to approve.

Mistawasis – Vote Dates Advance Poll: August 26, 2016 CMS Foyer August 27, 2016 Pow Wow Grounds August 28, 2016 Pow Wow Grounds August 31, 2016 Prince Albert September 1, 2016 Saskatoon Official Vote Day : September 30, 2016 – Family Center Note: You must be 18 years of age to vote at a polling station. Example: if your birthday is August 28th and you show up at a polling station on August 26th you will not be able vote in person. But you can vote by mail in ballot on that day Treaty 6

Mistawasis – Requirements to Approve Example: 1836 Eligible Voters as of September, 2016 Based on requirement of FNLM Act a majority of registered voters vote to approve If 1836 voters register to vote: 919 must vote in favor to approve If 1400 voters register to vote: 701 must vote in favor to approve If 1200 voters register to vote: 601 must vote in favor to approve If 1000 voters register to vote: 501 must vote in favor to approve Based on requirement of FNLM Act for 25% + 1 – at least 460 Eligible Voters must approve If 800 voters register to vote: if 459 voted in favor the Land Code would not be approved If 600 voters register to vote: If 460 voted in favor the Land Code would be approved At least 460 Eligible Voters must vote to approve the Land Code Treaty 6

Mistawasis – Process to Vote Mail out Information Packages will have the following documents on process to vote: Registration Document form 9 >>>>>>> A Ballot A Secrecy Envelop An Identification envelop A return stamped envelop Instruction on how to complete the mail in ballot You may mail or hand deliver to Ratification Officer or Deputy Ratification Officer; or Mail in Ballot, once you’ve voted; or you can attend one of the polling stations

Mistawasis I.R.103 – Excluded Lands 7.1 of First Nation Land Management Act states that “land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve” The main grid road has 2 surveys that overlap. One was registered and one wasn’t This creates boundary issues as shown in “BLUE” on Map >>>>>>>> These lands will continue to be managed under the Indian Act until such time as IINAC takes necessary steps to clear up the boundary issues. Once Boundary issues are cleared by INAC these lands will then be included and be subject to Land Code Treaty 6

Mistawasis Land Code First Nation Land Management Act requires a Verifier be appointed by Canada and Mistawasis – Dave Hoffman is the Verifier Verifiers role is to ensure that the Land Code meets the conditions identified in the Act and Framework Agreement First Nation Land Management Act requires Ratification Officer be appointed to conduct the vote for approval of the Land Code -- Rose Anne Antoine is the Ratification Officer. Treaty 6

Mistawasis Land Code Ratification Officer – Rose Anne Antoine - Cell: 1-306-960-6140 - raa27@sasktel.net Verifier – Dave Hoffman – Phone: 1-306-244-8765 - hoffman.assoc@sasktel.net Chief Daryl Watson – Cell: 1-306-370-6014 - dmwatson625@gmail.com Lands Director – Robert Daniels - 1-306-370-8198 - rdaniels1741@gmail.com Land Code Coordinator – Lawrence Johnston - Cell: 1-306-466-7856 - lawrencejohnston@hotmail.com Legal Advisor – Jim Jodouin – BainbridgeJodouinCheecham. Land Code Committee Members: Assisted in drafting Land Code. Harold Daniels Roger Daniels Mike Horsefall Hubert Sand Phillip Ledoux Treaty 6

Thank You Mistawasis Land Code Mail out of information packages will be completed by August 15, 2016 All related documentation will be posted on line: http://www.mistawasis.ca/departments/mistawasis-land-code Please take time to review mailed out material and view documents on line. Thank You Treaty 6