1. Gwich’in Self-Government Agreement-in-Principle (AIP)
Community Consultations
October & November 2016
Gwich’in Tribal Council Staff

2. Self-government context: Gwich’in Comprehensive Land Claim Agreement
Chapter 1, Objectives Section 1.1.9: To ensure the Gwich’in the opportunity to negotiate self-government agreements. Chapter 5, Self-Government Government shall enter into negotiations with the Gwich’in. Self-government agreement shall not be inconsistent with GCLCA. Appendix B, Self-Government Framework Agreement Principles, process, schedule, and agenda items for self-government negotiations.

3. Self-Government Framework Agreement (Appendix B)
Objectives: Negotiations with a view to concluding self-government that enable Gwich’in to govern their own affairs and to administer resources, programs and services as appropriate for Gwich’in. Principles: Basis for Gwich’in self-government agreement to set out powers and responsibilities of “Gwich’in First Nation Authorities” and of the Gwich’in Tribal Council successor. Basis for programs and services to be delivered by Gwich’in First Nation Authorities” and the Gwich’in Tribal Council successor. Matters for Negotiations: structures and procedures of Gwich’in First Nation Authorities” and the Gwich’in Tribal Council successor, governance, citizenship, social issues, culture and language, education and training, administration of justice, implementation, transition, and other related matters. Process and Schedule: order, timeframe, and other matters

4. Self-Government Negotiations Process
Establish a self-government framework agreement (in accordance with Appendix B) Submit a draft position paper (tabled with Canada and GNWT-2014) Negotiate a draft Agreement-in-Principle (AiP) Complete an internal review of the AiP GTC Consultation with Participants, DGOs, and internal review Initial the draft AiP and conduct a further internal review Signing of the draft AiP by Parties Principles Start Final Agreement negotiations after the official signing Ratification of the Final Agreement (see Chapter 30 for process)

6. The Draft Agreement-in-Principle (AIP)
Agreement-in-Principle negotiations
Three Parties: Gwich’in, Canada, and GNWT
Matters to be addressed in Final Agreement negotiations
Structured by subject matter
Contains: Preamble, Table of contents, Administrative, Governance, and Social Issues that are being negotiated
Maps: Appendix A Gwich’in Settlement Area and Appendix B Gwich’in Settlement Region
AIP does not contain binding legal obligations (s.2.4.1)

7. Draft AIP preamble, table of contents, and chapter 1
Preamble: Non-binding language that explains the background, rationale and intentions of the parties (e.g. recognition of Gwich’in inherent right of self-government)
Table of Contents: Chapter-by-chapter list of all matters included in the AIP
Chapter 1: Definitions and Interpretation Defines terms used in the rest of the AIP (e.g. “Dinjii Zhuu Government”) and sets out how the agreement should be legally interpreted (e.g. regarding ambiguity, “will” or “shall”)

8. Draft AIP Chapters 2 & 3 Chapter 2: General Provisions
This chapter explains the legal character and legal context AIP and Final Agreement, including in relation to the Constitution, the Indian Act, the Charter of Rights and Freedoms, coming into force, judicial interpretation, amendments, notice.
Chapter 3: Intergovernmental Arrangements
This chapter deals with the political and administrative collaborative relationships by providing a basis for intergovernmental services agreements or other measures for management, administration, and delivery of any program or service within the jurisdiction of the new Dinjii Zhuu Government (DZG).

9. Draft AIP Chapters 4 & 5 Chapter 4: Gwich’in Governments
This chapter sets out the legal nature and make-up of new Gwich’in governments, the basic framework for the Gwich’in Constitution, the jurisdiction (i.e. law-making power) of the DZG, and the ability to delegate to Gwich’in Community Governments.
Chapter 5: Elections
This chapter deals with the elections, entitlement to vote, entitlement to stand for office, and first elections provisions.

10. Draft AIP Chapter 6 & 7 Chapter 6: Citizenship
This chapter provides the DZG with jurisdiction to make citizenship laws, sets out the basis for eligibility and clarifies that the Gwich’in Law prevails over Federal or Territorial law.
Chapter 7: Settlement Lands
This chapter sets out jurisdiction (i.e. law making powers) for use, management, administration, control and protection of Settlement Lands. It also sets out the regulatory and permitting framework for management of land and water, land use permitting and water licensing, and environmental assessment.

11. Draft AIP Chapter 8 & 9 Chapter 8: Culture and Language
This chapter deals with the jurisdiction of the DZG over culture and language, including official languages, certification of language teachers, facilities for teaching culture and language, naming of places, and the preservation, promotion and development of the Gwich’in language.
Chapter 9: Early Childhood Care and Education
This chapter deals with the jurisdiction of the DZG over early childhood care and education, including standard setting, curriculum licensing and regulation of facilities, and certification of educators and caregivers.

12. Draft AIP Chapters 10 & 11 Chapter 10: Out of School Programs
This chapter deals with the jurisdiction of the DZG in relation to programs and services for school-age children, including licensing and regulation of facilities and certification of caregivers and leaders.
Chapter 11: Kindergarten to Grade 12 Education
This chapter deals with the jurisdiction of the DZG in relation to kindergarten to grade 12 education, including curriculum, learning outcomes, examination, standards, and transfers to other education systems. It also deals with the relationship between the Gwich’in and Territorial education systems.

13. Draft AIP Chapters 12 & 13 Chapter 12: Post Secondary Education
This chapter deals with establishing and regulating post-secondary education programs, services and institutions, including the determination of curriculum.
Chapter 13: Student Support Services
This chapter deals with the jurisdiction of the DZG in relation to provision of student support services for Gwich’in Citizens; it also provides for intergovernmental agreements for harmonization and coordination of such services with the territorial and federal governments.

14. Draft AIP Chapters 14 & 15 Chapter 14: Adult Education and Training
This chapter deals with the jurisdiction of the DZG in relation to adult education and training of Gwich’in, including intergovernmental agreements with the territorial and federal governments.
Chapter 15: Social Housing
This chapter deals with the jurisdiction of the DZG in relation to social housing, including a requirement that housing must meet or exceed applicable standards; it also provides for intergovernmental agreements with the territorial and federal governments.

15. Draft AIP Chapters 16 & 17 Chapter 16: Health
This chapter deals with the jurisdiction of the DZG in relation to health, including traditional healing programs and services, regulation and certification, and establishment and regulation of facilities; it also clarifies that non-traditional health and medical matters outside DZG jurisdiction (e.g. pharmaceutical, medical or health matters regulated under federal or territorial law).
Chapter 17: Income Assistance
This chapter deals with the jurisdiction of the DZG in relation to income assistance for Gwich’in in the GSA, including administration by the DZG and territorial and federal governments.

16. Draft AIP Chapters 18 & 19 Chapter 18: Child & Family Services
This chapter deals with the jurisdiction of the DZG in relation to child and family services, including protection of children, acting in the best interests of the child, notice in child apprehension cases, and intergovernmental agreements for service delivery and administration.
Chapter 19: Adoption
This chapter deals with the jurisdiction of the DZG in relation adoption of Gwich’in Children in the GSA and NWT, including matters related to consent, custody, information sharing, notice, and best interests of the child.

17. Draft AIP Chapters 20 & 21 Chapter 20: Guardianship and Trusteeship
This chapter deals with the jurisdiction of the DZG over Gwich’in Citizens ordinarily resident within the GSA in relation to guardianship and trusteeship, including appointment of a guardian, powers and responsibilities of guardians and trustees, and limits on DZG in certain situations (e.g. detainment, mental incompetence).
Chapter 21: Marriage
This chapter deals with the jurisdiction of the DZG in relation to marriage of Gwich’in Citizens in the GSA, including clarification that when only one of the individuals to be married is a Gwich’in Citizen both individuals must consent to the application of Gwich’in Law.

18. Draft AIP Chapters 22 & 23 Chapter 22: Wills, Estates, and Intestacy
This chapter deals with the jurisdiction of the DZG in relation to wills, estates and intestacy of Gwich’in ordinarily resident in the GSA or NWT.
Chapter 23: Gaming and Gambling
This chapter deals with the jurisdiction of the DZG in relation to gaming and gambling by stipulating that licenses can only be issued with written consent of the DZG and that the DZG may impose terms and conditions; it also requires that after a self- government agreement is put in place the DZG and GNWT will negotiate a protocol for working together and for keeping each other informed on policy initiatives affecting gaming and gambling in the GSA.

19. Draft AIP Chapters 24 & 25 Chapter 24: Economic Development
This chapter deals with the jurisdiction of DZG in promoting or participating in economic development, including employment and training, establishing institutions, creating programs and service, and intergovernmental agreements.
Chapter 25: Tourism
This chapter deals with the jurisdiction of the DZG in regards to tourism, including promoting tourism, establishing Gwich’in Institutions, creating programs and services, and intergovernmental agreements.

20. Draft AIP Chapter 26 Chapter 26: Administration of Justice
This chapter deals with DZG roles and responsibilities in the administration of justice, including with respect to enforcement; sanctions; alternative measures and extra-judicial measures; prosecution; alternative dispute resolution; courts; procedures; appeals/hearings/reviews of decisions; legal aid; and administrative and intergovernmental arrangements.

21. Draft AIP Chapters 27 & 28 Chapter 27: Taxation
This chapter deals with the DZG jurisdiction over taxation of Gwich’in Citizens in the GSA, including administrative matters, transfer of assets, tax exemption, and intergovernmental agreements. This chapter also provides a basis for a future separate agreement between governments and the DZG regarding tax matters, including: jurisdiction over non-Gwich’in on Gwich’in Settlement Lands and in Gwich’in Communities, coordination of tax systems, the amount of tax room that Canada or the Government of the Northwest Territories may be prepared to vacate in favour of taxes imposed by the DZG, and the terms and conditions under which Canada or the governments may administer taxes on behalf of the DZG.
Chapter 28: Financial Relations
This chapter includes general provisions on financial relations; it indicates that these will be matters for Final Agreement discussions and that the governments are establishing approaches for funding to self-governing Aboriginal groups. It also states that the exercise of jurisdiction by the DZG under a Final Agreement does not necessarily create or imply any financial obligation on Canada or the NWT

22. Draft AIP Chapter 29 Chapter 29: Approval process for AIP
The process has been presented earlier in plain language and with a diagram in previous slides (see Slides 4 - 6).

23. Draft AIP Chapters 30 & 31 Chapter 30: Ratification
This chapter sets out the ratification process and requirements for each party, including the requirement that 50% + 1 of the eligible voters of the Gwich’in approve of the Final Agreement through a secret ballot vote; it also includes details on the ratification committee, appeals, and effective date.
Chapter 31: Transitional Matters
This chapter deals with transition to the new self-government system. It includes a requirement that a pre-Effective Date plan be in place to guide the transition process. This chapter also clarifies the legal status of Gwich’in Governments, including the transformation of Indian Bands and Designated Gwich’in Organizations into Gwich’in Community Governments, and the transformation of the Gwich’in Tribal Council into the DZG.

24. Draft AIP Chapters 32 & 33 Chapter 32: Implementation
This chapter deals with the implementation plan, status of the implementation plan, the implementation committee, and implementation working group provisions. It includes details and stipulates that Implementation Plan shall: be for an initial term of ten years commencing on the Effective Date; identify the obligations in the Final Agreement, the activities to be undertaken to fulfill those obligations, and the Party or Parties responsible for undertaking those activities; set the anticipated time frames for completion of the activities; include a communications plan to inform the Gwich’in and other residents of the Gwich’in Settlement Area of the ongoing implementation of the Final Agreement; include a process for amending and renewing the Implementation Plan; and address any other matters agreed to by the Parties.
Chapter 33: Dispute Resolution
This chapter deals with Application, Invoking The Dispute Resolution Process, Mediation, Arbitration, Settlement of Dispute, Commencing Legal Proceedings, and General provisions.

25. Draft AIP Chapter 34
Chapter 34: Subject Matters to be Addresses in Final Agreement Negotiations
This chapter sets out specific matters to be addressed in Final Agreement Negotiations (e.g. training and capacity building, implementation plan, SG applicability in Yukon). This chapter is essentially a “parking lot”.

26. Gwich’in Self-Government Funding
The new Gwich’in Government will receive funding from a number of sources:
Annual program funding in an amount comparable to the current funding for government programs which are to be transferred to the Gwich’in Government.
An annual sum representing the personal income taxes paid by Gwich’in in the Gwich’in Settlement Area.
An annual sum for capacity building and ongoing support of the new Gwich’in Governments.
Block funding agreements will be negotiated every 5 years. Monies will be paid annually and the Gwich’in Government will have flexibility as to how it allocates the funds.

27. Questions & Discussion