Background
THE LETTER OF POLITICAL AGREEMENT (LPA) signed between NAN and Ontario in April 2007 stated that NAN and Ontario would participate in:
The development of a Memorandum of Understanding (MOU) for undertaking a joint review of past land use planning activities and existing plans, and in addition, to discuss land use planning, including approaches for balancing of traditional and non-traditional activities, roles for implementation, and the goals of NAN First Nations and Ontario in both the Far North and southern parts of NAN.
First Phase Land Use Planning Discussions
120-Day Interim Measures Process, April 2007 - November 2007
Objectives
- To gain Ontario commitment to developing and implementing a land use plan based on previously developed plans
- To gain Ontario respect for community moratoriums
- To balance traditional and non-traditional activities
- To provide for joint implementation by Ontario and First Nations
In response to the Ontario information on the Far North Planning Initiative, the immediate objectives grew to include:
- The principles and process for far north planning be jointly developed by the Northern Table, technical team. Ontario has agreed.
- Existing licenses, leases and land uses in the far north be addressed through the Northern Table, technical team. This is being addressed through the Licenses and Permits technical table
- A joint Ontario - NAN secretariat or two equal secretariats be established to implement a far north planning process. This issue is under discussion.
- Recommendations from the Northern Table, technical teams will be made through the agreed upon Northern Table process resulting in joint decision making by the Northern Table, Main Political Table. Land use planning is being discussed through the Northern Table.
Prior to the Keewaywin, 2007, the NAN land use planning technical team developed five threshold objectives:
- Regional and community based land use planning occur simultaneously. Ontario has agreed to this model.
- Moratoria be respected. This issue is being discussed at the Common Issues Table.
- Planning include all NAN First Nations. Ontario has agreed in principle with the understanding that implementation will differ in the southern and northern NAN homelands.
- Adequate funding will be made available for First Nation participation in land use planning. Ontario has agreed in principle but not with an open cheque book. Funding amounts, sources and timing are to be discussed.
- A framework agreement be reached to address land use planning in the NAN First Nations homelands. Ontario has agreed to this.
Outcomes
- Ontario has agreed that land use planning in those First Nation homelands without land use plans will be both carried out at a community-based and community-led level and at a regional scale.
- Ontario has agreed that land use planning will include all of the NAN member First Nations (not just the far north as earlier planned by Ontario).
- Ontario has agreed that development of the process and principles to guide land use planning will occur through the Northern Table.
- Ontario has agreed to negotiate a framework agreement regarding land use planning in the Nishnawbe Aski First Nation homelands.
The Land Use Planning Technical Table did not reach agreement on the following issues, which have been referred to either the Common Issues Table or the senior levels of the Northern Table:
- Duty to consult
- Government to Government relationship
- Respect for moratoriums
- Interim measures
- Dispute resolution
Nan Chiefs Unanimously Endorse Continuation Of Oski-Machiitawin
The 120-day Interim Measures Process of the Northern Table ended on October 12, 2007. The NAN Chiefs met in Timmins in November 2007 and unanimously passed Resolution 07/83 endorsing the continuation of Northern Table discussions with Ontario for another year.
The resolution mandated the Northern Table Chiefs’ Steering Committee (CSC) and the NAN Executive to develop a resource revenue sharing framework agreement with the province by November 15, 2008. The Chiefs’ endorsed numerous recommendations made by the CSC. A major direction from the NAN Chiefs was that the process be community driven, that there be optimum community engagement and participation, and that First Nation members be informed about the process. Resolution 07/83 also called for the name of the bilateral discussions to be changed to a name selected by the Elders and it endorsed the “principled approach” to the discussions. As per Resolution 08/61 Resource Revenue Sharing discussions and the development of an MOU are taking place in a separate forum from Oski-Machiitawin.
In November 2008 the Nishnawbe Aski Nation (NAN) Chiefs passed Resolution 08/84 that supports the continuation of Oski-Machiitawin until March 31, 2010.
