AFN Charter Renewal 2019 July 25, 2019 Regional Chief Marlene Poitras & Bonnie Leonard Prepared on: 06/20/2019

Overview of Presentation 1. Brief overview of existing Charter provisions. 2. Charter Amendment process. 4. Key items of the Charter that will need to be considered for renewal. 5. Dialogue/feedback. 06/20/2019

AFN Charter-last amended in 2003 Preamble - declaration of Chiefs. Outlines purpose of AFN-First Nations-in-Assembly - including protection from colonialism, human rights, equality, justice, treaties, international law, social progress for the people. Ideals - terms that guide the First Nations-in-Assembly. Principles - terms that outline the diplomatic and political relations within the First Nations-in-Assembly, including solidarity, responsibilities, jurisdiction, sovereignty as the source of power and mandates of First Nations, consensus building and as a last resort voting of 60% of First Nations-in-Assembly to pass a resolution. Role and Function of AFN - national forum for collective and cooperative measures, advancing aspirations of First Nations, national and international in scope. 06/20/2019

AFN Charter-2003 (continued) Membership - All First Nations in Canada have the right to be Members of AFN Organs – First Nations-in-Assembly, Confederacy of Nations, Executive Committee, Secretariat, Council of Elders, Council of Women, National Youth Council. Composition of First Nations-in-Assembly - defined as Chiefs of First Nations who exercise their right to be members of AFN. One representative per First Nation. Provision for proxy. Functions and Powers of the First Nations-in-Assembly - make decisions, delegate authority, instruct the Executive, sole legitimate source of what AFN is and what it may become in the future. Decision Making - by consensus, or 60% in attendance. Annual meetings - of AFN First Nations-in-Assembly. Procedure - adopts own Rules of Procedures. 06/20/2019

AFN Charter 2003 (continued) The Confederacy of Nations Composition - one representative per region, plus additional representative for each 10,000 First Nation citizens in the region. Function and Powers of Confederacy of Nations - to act as governing body of AFN in between Assemblies, review and enforce decisions and directions from First Nations-in-Assembly, interpret resolutions. Oversight body of Secretariat and Executive, take corrective and remedial disciplinary measures where willful breach of national mandate, address emergency matters in between Assemblies, approve, allocate and control fiscal resources of AFN, quarterly meetings and reporting to Chiefs in Assembly. Accountability of Confederacy of Nations - to First Nations-in-Assembly. And representatives on the Confederacy of Nations are selected by the regions through appointment or elections and can be removed in same manner. Quorum - 50% of participating representatives, and 50% of participating regions forms the quorum. 06/20/2019

AFN Charter 2003 (continued) Executive Committee - Composition: National Chief, Regional Chiefs, elected, 3 year terms. Executive Committee Functions and Powers - act as a unit, monitor and control Secretariat, set policy for internal operations, select senior officials and approve contracts over $5000. Reporting to First Nations-in-Assembly and Confederacy of Nations. Secure fiscal resources and monitor and control expenditures, implement decisions, may establish portfolios and participate in Confederacy of Nations meetings with voting privileges. Accountable to First Nations-in-Assembly. National Chief Role and Function - takes direction from Executive and Confederacy of Nations and ultimately First Nations-in-Assembly. Political and financial reporting, political role and spokesperson for AFN, direct Secretariat, reside in National Capital area, paid salary as established by First Nations-in-Assembly. Has sacred political trust to comply with direction given by First Nations-in-Assembly, the Confederacy of Nations and Executive. Election and Term - 60% of those registered, three year term, provision for Executive to take over duties if National Chief is unable to fulfill duties pending election. Appendix A detailed election process. 06/20/2019

AFN Charter 2003 (continued) Provisions for Council of Elders, Council of Women, National Youth Council including composition, role and function. Secretariat (National Indian Brotherhood) composition is executive committee, administrative, technical and support staff at AFN. Amendment provision - to amend Charter, 60 days notice to First Nations and can be done at Annual meeting or Special meeting of First Nations-in-Assembly. 06/20/2019

Category 1 items of Charter Renewal: Statement of Values- the preamble to existing Charter could be updated with the guidance of the Elders Council, work has already been done and there is draft wording that was completed in 2005. AFN International Mandate- reaffirm mandate. National Chief Oath of Office- Charter does not contain provisions for this, but in practice it has been happening. Regional Chiefs Oath of Office- no provision in Charter to require this. Chiefs Committees –no provision for establishing Chiefs Committees, are they effective? Should it be called something else? Portfolios - Executive can adopt portfolios but there are no parameters defined. 06/20/2019

Category 2 items of Charter Renewal: Membership – no definition of First Nation, assumption that it means Band under the Indian Act, this limits who can be a member of AFN. Currently Indian Act Bands and Chiefs vote, but what about hereditary chiefs, clan leaders, or other traditional leaders, if they are to vote, what is the process to adopt to allow this to happen? We also need to consider those Nations who have entered into modern treaty agreements and are no longer considered operating under the Indian Act. Authority of National Chief - what powers should the National Chief have? Presently, National Chief has no authority unless he/she is directed by the First Nations-in-Assembly or Executive. The role and function indicates he/she is the spokesperson of the AFN and oversees budgets and provides reports. Should the National Chief have more authority and if yes, what should the National Chief be able to do to ensure that AFN operates effectively? 06/20/2019

Category 3 items of Charter Renewal: Voting - what about proportional voting? Presently, one Band, one Chief, one vote. However, one Band might have 110 members, where another has 20,000 and still only have one vote, is this fair? What are our options? The Confederacy of Nations – it is one of the organs of the current Charter. It’s role was to ensure accountability of the AFN to the First Nations-in-Assembly and decision making between Assemblies, however, it is no longer being utilized formally. Should the Charter revitalize this body or should the Executive Committee take on these roles and responsibilities? AFN Financial relationships and funding - AFN to investigate, consider and develop revenue sources other than government transfers. How can this be accomplished? 06/20/2019

Tools In person meetings. Website materials. Questionnaire. Presentation at Assemblies. Written submissions. 06/20/2019

Timeline 06/20/2019 Phase 1: June 2019- November 2019 June 2019 – November 2019- Dialogue / engagement with Regional Assemblies and community visits. December 2019 – Interim Report and Recommendations. Phase 2: January 2020- July 2020 January 2020 – June 2020 – Draft a new Charter. Dialogue/ engagement with Regional Assemblies and community visits. July 2020 – Report to First Nations-in-Assembly. Phase 3: August 2020 – March 2021 August 2020 – March 2021– Dialogue/ engagement with Regional Assemblies and community visits. December 2020- Report to First Nations-in-Assembly Phase 4: March 2021 – May 2021 March 2021- Notice is sent out to all First Nations April 2021 – May 2021 May 2021 -Special Chiefs Assembly - Present final draft of new Charter for decision. 06/20/2019

Next Steps Open floor to comments; We will be available during the AGA to discuss Charter Renewal; Attend Regional AFN Assemblies upon invitation; Attend meetings in communities upon invitation (budget permitting); Collect feedback and prepare interim report December 2019. 06/20/2019

For more information: Bonnie Leonard, Legal Advisor AFN Charter Renewal E: BLeonard@afn.ca 06/20/2019