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Gwich’in Tribal Council INAC Self-Government Workshops, October 2016
Gwich’in land, culture & economy for a better future
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Outline A. Overview GTC Roles & Responsibilities in the GCLCA Context
GTC overview and objectives GTC Governance B. GCLCA Context: Treaty 11, Indian Act, and the GCLCA Treaty 11 & the GCLCA Indian Act & the GCLCA Treaty 11, the Indian Act, GCLCA and Self-Government C. GTC Roles & Responsibilities in the Self-Government Negotiations Context GTC in Self-Government Negotiations
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GTC Roles & Responsibilities in GCLCA Context
Gwich’in Tribal Council (GTC) is the overarching organization that represents the Gwich’in Nation; created in 1992 with the Land Claim Key objectives of the GTC, as set out in the 1992 Letters Patent: Protect and preserve the rights, interest and benefits of the Gwich’in in reference to their use, ownership and management of lands, waters, and resources in the Gwich’in Settlement Area; Retain, preserve and enhance the traditional and cultural values, customs and language of the Gwich’in in a changing society; Develop and promote economic, social, educational and cultural programs that will enable the Gwich’in to become self-sufficient and full participating members in a global society; Uphold the rights, interest and benefits of the Gwich’in in reference to the Constitution Act, Treaty 11 and the Gwich’in Comprehensive Land Claim Agreement; and Receive, preserve and enhance the capital and the lands and other benefits transferred to the Gwich’in pursuant to the Gwich’in Comprehensive Land Claim Agreement signed on April 22, 1992 This is the “what” of what GTC does AGA-approved strategic plan in place to guide. Direction primarily comes from the GCLCA
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GTC Governance in GCLCA Context
GTC is comprised of a number of institutional structures that were created as a result of the Land Claim. Assemblies are the ultimate governing body of the Tribal Council, setting objectives in accordance with the Land Claim GTC Board of Directors set the overall direction for management and operation of the Tribal Council GTC Executive are responsible for overall management and operation of the Tribal Council in accordance with: By-laws, Assembly Resolutions, the Land Claim, and direction from the GTC Board Land Claim Participants are represented through community-based Designated Gwich’in Organizations (DGOs) at both the Annual General Assembly and through representation on the GTC Board of Directors This is the “how” of the GTC / Gwich’in Nation AGA-approved strategic plan in place to guide. Direction primarily comes from the GCLCA
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GCLCA Context: Treaty 11
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Treaty 11 Most Treaty 11 rights were ceded and surrender with the signing of the GCLCA The Land Claim provided clarity, certainty and strength around Gwich’in rights, titles and interests, which were being intruded upon prior to the Land Claim Treaty 11 rights after the GCLCA: Annual payments to Chiefs, Headmen and members (and equipment) Payment of salaries of teachers Right to hunt, trap and fish in limited areas outside the tract surrendered PLUS, all of the rights in the GCLCA
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GCLCA Context: Treaty 11 & GCLCA
GCLCA (1992 – Present) Gwich’in Comprehensive Land Claim Agreement Treaty 11 Treaty 11 Treaty 11
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Indian Act and the GCLCA
Does not affect or alter “status” under the Indian Act of any Gwich’in person or band (3.1.8) Does not affect Gwich’in access to programs for status Indians, non-status Indians or Metis (3.1.6) Makes clear that Gwich’in lands are not “reserve” lands under the Indian act (3.1.9) Makes clear that Indian Act Bands in the Gwich’in Settlement Area (GSA) have no reserve lands (3.1.13(a)) Programs and services for “Status Indians” could be done by another governing body
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Treaty 11, Indian Act & GCLCA
Treaty 11 rights are upheld by the Gwich’in Tribal Council as the representative body of the Gwich’in Nation, though “Treaty Payments” are still given out by Bands for simplicity Indian Act Bands are not necessary for maintaining Indian Act rights and entitlements received by ‘status Indians’ Indian Act Bands are not necessary for upholding or protecting remaining Treaty 11 rights Indian Act Bands are not necessary for continuing federal policy-based or contract- based programs and services Transformation of Bands (and DGOs) into the new Self-Government governance structures would/should include detailed transition processes that ensure any remaining Treaty rights are not extinguished. Future claims would be brought by the Gwich’in Government.
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GCLCA (1992 – present) GCLCA GTC Tetlit Gwich’in Council
Nihtat Gwich’in Council Ehdiitaht Gwich’in Council Gwichya Gwich’in Council Indian Act Aklavik Band Gwichya Gwich’in Band Inuvik Band Tetlit Gwich’in Band GTC
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Self-Government (potential)
Dinjii Zhuh Government Fort McPherson Community Government Tsiigehtchic Community Government Aklavik Community Government Inuvik Community Government AGA direction was to go with a regional approach and community-based governments
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GTC in Self-Government Negotiations
Land Claim requires government to enter into self-government negotiations with Gwich’in (Chapter 5) Self-Government Framework Agreement in Land Claim Appendix B Under the 2007 Process and Schedule Agreement between Gwich’in, Canada and NWT, GTC is the representative of the Gwich’in Negotiations led by the “Team Approach”, which includes: GTC VP, one community representative from each community DGO, one chief; specialized staff/counsel Annual General Assembly has reaffirmed direction to move forward with Self- government negotiations each year
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Questions & Discussion
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