Inherent Right to Self-Government Presented by: Alberta Regional Chief Marlene Poitras and Yukon Regional Chief Kluane Adamek Date Prepared: April 25, 2019

In 1992, the Royal Commission on Aboriginal Peoples identified 6 criteria for recognizing and affirming the inherent right. Date Prepared: April 25, 2019

1. Source: it stems from our original occupation of the land since time immemorial and is, therefore, inherent. 2. Scope: it is limited by the need to co-exist with federal and provincial powers. 3. Status: it is not subordinate to the federal or provincial governments – sovereign in some spheres, concurrent in others. Date Prepared: April 25, 2019

4. Process: the method of recognition and affirmation must have the full involvement and consent of First Nations. 5. Consistent: Section 35 entrenched, did not create, the right. 6. Justiciability: as it is inherent, it can be recognized by courts with no further legislative action. Date Prepared: April 25, 2019

Canada’s 1995 policy on the inherent right to self-government (IRSG) Rejects First Nations sovereignty Subordinates inherent rights to the Charter Denies inherent jurisdiction Requires individual negotiations over national agreements Date Prepared: April 25, 2019

Jurisdiction open to negotiation: elections, membership, marriage, child welfare, language, culture, education, health, social services, justice, policing, property rights, land management, natural resources, agriculture, hunting, fishing, trapping, taxation, financial management, infrastructure, housing, local transportation, business operations Date Prepared: April 25, 2019

Subordinate jurisdiction may be negotiated regarding: divorce, labour/training, administration of justice, environmental protection and assessment, fisheries co-management, migratory birds co-management, gaming, emergency preparedness Date Prepared: April 25, 2019

Canada will not negotiate jurisdiction on: Sovereignty, defence and foreign policy; managing the national economy; criminal law; emergencies, "peace, order & good government"; health & safety; broadcasting & telecommunications, aeronautics, navigation & shipping, national transportation, postal service, census & statistics Date Prepared: April 25, 2019

Through Resolution #5/95 - Proposed Federal Policy Framework on the Inherent Right of Self -Government, Chiefs-in-Assembly rejected Canada’s inherent right policy and called for a First Nations position to be developed and adopted. Date Prepared: April 25, 2019

Canada claims a mandate outside the inherent right to self-government (IRSG) policy for “exploratory tables” Will not reveal mandate Has not negotiated a single final agreement outside of IRSG parameters Date Prepared: April 25, 2019

Inherent right to self-government (IRSG) policy mirrored in Canada’s “rights framework” proposal Requires “negotiation” of inherent rights Creates 3 tiers of subject matters Rejected by Chiefs-in-Assembly Call for a First Nations-led process in Resolution 67/2018 Date Prepared: April 25, 2019

UN Declaration on the Rights of Indigenous Peoples recognizes inherent rights “derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources” Date Prepared: April 25, 2019

Bills C-91 - An Act Respecting Indigenous Languages & Bill C-92 - An Act Respecting First Nations, Inuit and Métis Children, Youth and Families Proposed legislation, Bills C-91 and C-92 begin to add to the ‘empty’ box of S.35 rights. This suggests policies and approaches demanding the ‘negotiation’ of inherent rights may be addressed in other ways. Date Prepared: April 25, 2019

Funding for a First Nations-led process Next Steps Funding for a First Nations-led process May 2019: AFN Forum on 4 Policies and Nation Building Update and seek feedback June 2019: Review any steps taken by Canada July 2019: AGA for resolution on path forward Date Prepared: April 25, 2019

Key Questions First Nations led process: What topics and structure would lead to the best result? Where, when, who and how? How to ensure Canada respects all inherent rights without negotiation? Date Prepared: April 25, 2019