Objectives
The original direction and objectives according to the Letter of Political Agreement and the Chiefs’ resolution 07/04 were as follows:
- NAN Resolution - Ontario will commit to implementing the key amendments put forward by NAN as proposals to be included in Bill 11 (now the new Parks Act)
- LPA - new working relationship based on a commitment to positive and meaningful change, including MOA on implementation & administration of Parks Act with respect to NAN’s previously proposed amendments
First Phase - Parks Table Discussions
120-Day Interim Measures Process, April 2007-November 2007
The original mandate of the Parks Technical Table was to deal with the Parks Act,( Bill 11.) NAN had made recommendations for changes to Bill 11 before it became legislation, but these recommendations had been ignored. NAN had 22 outstanding issues that were to be addressed at the parks technical table. However, as the table evolved the focus of the discussions changed.
First Nations with particular concerns in regards to parks in their area were directed to the Oski-Machiitawin to have their issues addressed. The number of First Nation issues surrounding the designation of current and future parks grew. A group of Sioux Lookout area First Nations called for the removal of the parks in their traditional territories and homelands. These parks had been created without consultation with the First Nations, in contravention of the Constitution Act, section 35, dealing with the government’s duty to consult. Six communities signed a resolution calling on the government to de-designate the parks.
Six Chiefs signed a resolution calling for the removal of the Parks.
Outcomes
The Minister of Natural Resources apologized to First Nations for creating parks on their homelands without their consent. He did not agree to de-designate the parks. He did agree to discuss:
- The call by some First Nations for the removal of parks in their homelands and traditional territories.
- The resolution of issues that First Nations have with the parks in their areas, including resolution of issues like the removal of trapping and hunting cabins and all other Treaty and Aboriginal Rights infringement in the parks.
- A greater roll for First Nations in the management of parks;
- NAN recommendations for amendments to the Parks Act, (Bill 11).
Ontario will consider changing park boundaries to satisfy FN issues and concerns in one of three ways:
- Through successful land claims
- Through policy changes which result in regulations or legislative amendments to the Parks Act
- Through direction received as a result of land use planning
The issues of consultation, accommodation and consent, moratoria, impact benefit agreements, and resource revenue sharing were advanced to the Common Issues Table.
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.
