SoVote

Decentralized Democracy

Christopher Duschenes

44th Parl. 1st Sess.
June 6, 2023
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Thank you, Mr. Chair and Minister Miller. Thank you for the question, Senator Patterson.

We have secured three years of funding for the launch and operation of the First Nations Infrastructure Institute and five years of funding for the First Nations Financial Management Board, or FMB, and the First Nations Tax Commission, or FNTC. As you are probably aware, the First Nations Finance Authority is, essentially, self-funding.

Those numbers have increased over the years as the mandate of the FMB and FNTC have broadened, so as Minister Miller said, there is periodic review of those numbers to ensure that their operational needs are met. As more First Nations become scheduled to the act, obviously the workload, especially for FMB and FNTC, increases.

Thank you.

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Thank you very much, Mr. Chair, and for the question, senator.

It is a very simple process. Once the community has decided, the Indian Act band submits a band council resolution to the department, and then it goes through the process to be scheduled. For the band council itself, it is not burdensome at all.

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This is quite a small tranche, but very important. It gives the authority to apply to the courts of competent jurisdiction equivalent to any other level of government but for very specific purposes under the First Nations Land Management Act, as you mentioned, and now under the First Nations Fiscal Management Act. It is an important step in that direction, but as Minister Miller mentioned, there is a large conference going on this week about enforcement that will be dealing with a much broader range of issues that eventually we hope to have addressed as well through other means.

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Thank you, senator. Yes, it is a pleasure for us also on the bureaucratic side to be associated with a winning piece of legislation. That certainly makes our job easier and much more fun.

On the trust process, what has been exceedingly successful and gratifying here is taking the cues and the leadership from the distinguished First Nation leaders sitting behind me, whom you will get a chance to speak to in a little while. The trust is generated between them and us, as civil servants, but probably more importantly between them and the communities they serve and work with.

I’m sure some of the leaders will make reference to the way they interact with the communities, but also that they have held a series of annual gatherings called First Nations Leading the Way, which bring together the scheduled nations to this act and also the communities that are under 10-year grant and the communities who are signatories to the First Nation Land Management Act, where 200 to 350 representatives come together to have discussions about institutional development, this piece of legislation and build that trust and confidence, so that by the time the leaders are interacting with us that trust has been built within many communities.

Chief Allan Claxton is here as well; you will get a chance to speak with him, and Jason Calla from the First Nation Infrastructure Institute’s Development Board. That is an interesting example, before the institution was created, the development board of distinguished First Nation leaders has been going coast to coast meeting with communities, other infrastructure organizations — meeting with the First Nation Water Authority, for example, in the Atlantic — building that trust and having those discussions.

The trust has been generating on FNII for many years through putting in place of that development board very effectively.

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Or cap on numbers. One of the expansions in the act here will permit non-Indian Act bands, other organizations, eventually to join as well, to create regulations for them to join. There is a process already with regulations being developed for self-governing First Nations and modern treaty holders to join.

There is not only not a cap but the tent is growing as more organizations become eligible to benefit from the services and advantages of the act. The First Nation Infrastructure Institute services will be available to anyone, any interested group, whether they are scheduled to the act or not.

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Those decisions are not ours to take. We are always open to that discussion. Lynne Newman and others are here from Indigenous Services Canada, who have led a successful process for First Nations band councils to be under 10-year granting. Having those discussions internally, and with the institutions — and with the minister as to how that could be expanded to others — yes, we are interested to have those discussions.

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