Mistawasis Land Code

First Nations Land Management Act (FNLMA)

 

 

  1. Information package contents

a. Cover.information. package

b. Chief.Letter.Signed

c. LAND.CODE.Verifier.FINAL

d. Land.Code.Summary

e. Individual.Agreement.INITIALED.Chief.INAC

f. Individual Agreement-summary4

g. MAPS.LAND.Code

h. MAP.FNLM Excluded Lands.in.blue

i. CRP.summary

j. Voter.Registration.Form9

k. Ballot.Instruction.RoseAnne

2. CRP – (Community Ratification Process)

3. Framework-Agreement-Amendment-5

4. FNLMA 1999

5. PPMistawasis.Profile.FNLMA.2

6. Phase 1.ESA.PINTER.Report

 

 

Taking Control of Land Management:

The Framework Agreement, on First Nations Land Management, is a Government to Government agreement with Canada. This allows the Mistawasis First Nation to exercise control and jurisdiction over their lands, by developing a Land Code that reflects their laws, priorities and traditions.

  • In 1996: fourteen First Nations and Canada signed the Framework Agreement on First Nations Land Management, which established a process by which each of these communities could consider the option of assuming control over their reserve lands and resources by developing a Land Code through a vote of the eligible voters.
  • In 1999: Government of Canada passed the “First Nations Land Management Act”
  • In 2001: the Framework Agreement was amended to allow for additional First Nations to become signatories to the Framework Agreement.
  • To-date 8 First Nations in Saskatchewan are in the Operational Stage under the Framework Agreement – (5 of the 8 First Nations are from the Saskatoon Tribal Council (Kinistin, Muskeg Lake, Muskoday, One Arrow, & Whitecap Dakota).
  • December 12, 2013 Mistawasis First Nation was accepted under the Framework Agreement
Once the “Mistawasis Land Code” is developed, it must be ratified by the eligible voters. The Framework Agreement requires 25% plus 1 of eligible voters to approve the land code. Once the land code is ratified it can only be amended by the eligible voters. The Land Code does not have to be approved by the Minister of Indian Affairs.

Benefits of Framework Agreement:

  1. Allows First Nations to make timely business and administrative decisions without having to go to the Minister of Indian Affairs for approval.
  2. Enables First Nations to enact and enforce sound environmental management and protection laws.
  3. Makes it possible for First Nations to make rules and procedures relating to matrimonial real property that does not discriminate on basis of gender.
  4. Allows First Nation to receive and retain revenue money flowing from reserve land transactions.
  5. Withdraws the opportunity for provincial or municipal governments to expropriate reserve lands through provisions in s. 35 of Indian Act.
  6. Limits Federal expropriation powers.
  7. Provides First Nation with a wide range of land related law-making powers and ensuring proper enforcement mechanisms are available.

The Framework Agreement enables participating First Nations to move out from under the following land related provisions of the Indian Act:

  1. Reserves (ss18-19)
  2. Possession of Lands in Reserves (ss. 20,22 -28)
  3. Trespass on Reserve (ss. 30-31)
  4. Sale or Barter of Produce (ss. 32-33)
  5. Roads and Bridges (s. 34)
  6. Lands Taken for Public Purposes (s. 35)
  7. Surrenders and Designations (ss. 37-41)
  8. Distribution of Real Property but not personal property on intestacy (ss. 49 & 50(4))
  9. Management of Reserves and Surrendered and Designated Lands (ss. 53-60)
  10. Management of Indian Moneys (ss. 66,69)
  11. Farms (s. 71)
  12. Removal of Materials from Reserves (s.93)
  13. Regulations made under section 57 of Indian Act ; and
  14. Regulations under section 42 and 73 of Indian Act to the extent that they are inconsistent with the Framework Agreement or the Land Code or the Laws of the First Nation.

Milestones:

  • July 8, 2013, Mistawasis submitted application to be added as a signatory to the Framework Agreement.
  • September 30, 2013, Land Advisory Board (LAB) Chairman (Chief Robert Louis) advised Chief and Council that Mistawasis has completed all the requirements to be accepted as a signatory to the Framework Agreement.
  • December 12, 2013, Chief Daryl Watson and Bernard Valcourt Minister of AANDC officially signed documents accepting Mistawasis as a signatory to the FNLMA Framework Agreement.
  • July 3, 2014, Mistawasis, AADNC and LAB officially signed the Implementation Document for Parts 1 & 11 of the Framework Agreement initiating administration of the FNLMA process. This officially starts Mistawasis in the Developmental Stage process of the Framework Agreement. The Developmental Stage is funded by AANDC.
  • July 04, 2014, Council have appointed Dave Hoffman as Verifier – this appointment was recognized and funded by AANDC. 
  • August 1, 2014, Mistawasis, Saskatoon Tribal Council/EA staff and AANDC/EA staff reviewed submissions from three (3) Environmental Engineering Consultants for the Phase 1 ESA proposal: Clifton & Associates, PINCHIN West and PINTER & Associates Ltd. PINTER & Associates Ltd was selected to be the Phase 1 ESA contractor.
  • August 18, 2014, Coordinator and PINTER attended an Elders and Council meeting. The purpose of the meeting was to review the FNLMA and Phase1 ESA process and to ask for advice and guidance from Elders and Council of possible areas on Mistawasis lands that may have environmental issues.
  • August 29, 2014, PINTER & Mistawasis did a fly-over of lands on Mistawasis (103, 103A, 103B, 103C, 103D & 103E) – Purpose was to identify any possible environmental issues and a general aerial site inspection.
  • September 08, 2014, Council appointed an advisory committee for the FNLMA process. Committee Members are: Roger Daniels, Mike Horsefall, Harold Daniels. Phillip Ledoux/Elder. Coordinator Lawrence Johnston will be Chairperson for this committee.
  • September 08, 2014, Council appointed Jim Jodouin as Legal Advisor for the FNLMA process.
  • September 16, 2014, Mistawasis hosted a meeting, with AANDC, to review the draft Individual Agreement. Those in attendance were: Mistawasis Chief & Council and staff, AANDC staff Evelyn Gareau & Trevor Linford, NRCan staff, LAB staff Ed Bear.
  • September 17 – 19, 2014, PINTER & Associates completed the initial ESA field work on Mistawasis 103, 103A, 103B, 103C, 103D, & 103E.
  • September 30, 2014, Mistawasis held first Land Code Advisory Committee meeting.
  • October 30, 2014, A Communication Strategy was reviewed and approved with Chief and Council. This will assist the Band in locating and informing Membership about the FNLMA process and Land Code. The Communication Strategy includes: newsletters, mail outs, information meetings, web page, face book and our local radio station (93.7 FM). All announcements and communications will be pre-approved by Chief & Council.

On-Going Activities:

  • Received and reviewed copies of Land Codes from other First Nations who are under the Framework Agreement: Muskeg Lake, Whitecap Dakota, Nipissing, Sliammon, Tsawwassen, Tskwaylaxia & Tsouke.
  • Received and reviewed copies of template for the Community Ratification Process.
  • Reviewed draft copies of a Mistawasis Individual Agreement with Chief & Council, AANDC staff, LABRC staff and NRCan staff.
  • Completed field work for Phase 1 ESA with PINTER & Associates. An environmental assessment is in progress on Mistawasis 103, 103A, 103B, 103C, 103D, & 103E.
  • To enhance the FNLMA process, Mistawasis contracted the services of LiDAR Services International Inc. out of Calgary to produce a digital topographic contour map of Mistawasis 103 and 103D (35,770 acres). This was funded under the CORP/AANDC program and will assist in the future planning of land use on Mistawasis.
  • Advisory Committee members have reviewed the following documents: First Nations Land Management Act, Framework Agreement, draft Implementation Document, draft Individual Agreement, template for Community Ratification Process, template for Mistawasis Land Code, FNLMA Check list, Appointment of Verifier documents, & Terms of Reference for Phase 1 ESA.

Membership list of eligible voters:

Membership Clerk is currently updating all known addresses. This is an on-going process. It is important for membership to advise the Band of their most current address, phone or email address so information can be shared.

As of October 2014 Mistawasis has a total of 1,753 eligible voters

Note: The Mistawasis Band Office has no control over current addresses – if a Band Member moves and does not advise the Band Office that they have moved we have no way of knowing current addresses – we will continue to post notices on web & news letter requesting that members advise band office of current address if they want to receive information regarding Band Activities.

Contacts:

  1. Chief & Council: 1-306-466-4800 Ext. 231 | contact@mistawasis.ca
  2. Coordinator: 1-306-466-4800 Ext. 226 | lawrencejohnston@hotmail.com
  3. Membership Clerk: 1-306-466-2390 Ext. 235 | tonie08black@gmail.com

Images:

Dec2013Councillor Greg Pechawis, Chief Daryl Watson and AANDC Minister Bernard Valcourt. FNLMA signing ceremony held in Ottawa Dec. 12, 2013

Nov2014-updateSitting: Keith Walls AANDC – Chief Daryl Watson. Standing left to right: Councillor Greg Pechawis, Evelyn Gareau AANDC, Councillor Carol Ledoux, Councillor William Badger, Councillor Derek Sanderson, Councillor Les Pechawis & Councillor Melvin Watson