Opinion: Looking back on the Restoration of Jurisdiction process

Anishinabek Nation Head Getzit Nmishomis Gordon Waindubence conducting Clan Teachings at the Eshekenijig and Getzidjig Governance Conference in Sault Ste. Marie in July 2019. – Photo by Laura Barrios

By Mary Laronde

In 1995, the Anishinabek Nation Grand Council Chiefs-in-Assembly decided to enter into self-government negotiations with Canada as a way to restore inherent jurisdictions that were quashed by the Indian Act. Two tables were set up to negotiate two areas: education and governance.

The big concern was that under the Inherent Right policy, Canada had pre-determined the outcome. As far as negotiations with Canada or Ontario go, both are driven by policy. The Anishinabek approach was to enter the process and see what the Anishinabek could accomplish.

As it turned out, over the course of 25 years, Canada’s policy changed and evolved. Our negotiators brought back the best-negotiated agreements they could reach. Today, we have an Anishinabek Education System and the 23 First Nations that ratified the Anishinabek Nation Education Agreement are self-governing in education from JK to Grade 12.

The Indian Act provisions dictating First Nation education from Junior Kindergarten to Grade 12 have been replaced by the Anishinabek Nation Education Agreement Act. Regarding the Anishinabek Nation Governance Agreement, the Indian Act provisions governing elections, band membership, the conduct of band meetings, and the passing of Band Council Resolutions that required the Minister’s approval, will be replaced by federal legislation that recognizes Anishinabek First Nations’ inherent jurisdiction.

It is important to note that the Anishinabek Nation Education Agreement and the Anishinabek Nation Governance Agreement take precedence over the federal legislation. Canada is obligated to enact legislation to bring the negotiated agreements into effect. Therefore, it is a recognition of existing, Inherent Rights, not a creation of those rights.

For many people, the negotiated agreements don’t go far enough toward resetting the Nation-to-Nation relationship or implementing the treaties. The premise of the negotiations process was that Inherent Rights and Treaty Rights would not be affected in any way. Resetting the relationship and implementing treaties is ongoing work, in other processes.

A remark often heard is that this is not real self-government. As far as the Agreements go to replace the relevant Indian Act sections, it is self-government because the Minister is not involved in creating or passing or approving Anishinabek First Nation education or governance laws. And if a First Nation community member does not like the laws duly enacted by the First Nation’s law-making process or takes issue with decisions of the Chief and Council made under the First Nation’s law, the appeals process is internal to a First Nation-created appeals body. Or there is access to the provincial and federal court system as a “citizen of Canada”, as there is now. In other words, we are responsible in those areas in which we exercise jurisdiction.

In 1996, Grand Council Chief Vernon Roote started out on a Nation Building agenda, asking Head Getzit Shikenh, Gordon Waindubence, to help him build the Anishinabek Nation. One year later, Nmishomis Shikenh went on a vision quest where after paying the price of fasting six days in the bitter cold of February, the vision of the Anishinabek Nation Eagle Staff was received. It was then brought into physical being by Getzit Shikenh.

What We Accomplished

We have our Nation’s flag— our Eagle staff. We have an Anishinabek Nation constitution that was proclaimed in 2012, way ahead of the Agreements. We have our Anishinaabe Laws expressed by our Elders in the Preamble of the Anishinaabe Chi-Naaknigewin. We have developed an Appeals and Redress System that is the beginning of an Anishinaabe system of justice. We have concluded 30 First Nation constitutions that were developed by the community members and that guide their law-making processes. We have an Anishinabek Education System under First Nation self-government that is soon entering its fourth year of successful operations.

We have conducted dozens of capacity development workshops on a wide range of First Nation governance topics. We coordinated the Education Working Group for over 20 years as it developed the Anishinabek Education System. We also coordinated the Governance Working Group. We developed an Anishinabek citizenship law.

We have held numerous conferences bringing Elders and youth together and bringing Anishinabek together to share and to develop our communities, and to create a vision of the future.

Most importantly, we helped our Head Getzit Shikenh in bringing our Anishinaabe Clan Teachings and Traditional Governance workshops to Anishinabek in First Nation citizens in their communities throughout the Anishinabek Nation territory.

We have done a lot of work since 1995. And we did it all in consultation with Anishinabek citizens, E’Dbendaagzijig. We have much work to do going forward.

Restoring Anishinaabe Governance and Anishinaabemowin

Right now, seven First Nations have ratified the Anishinabek Nation Governance Agreement and they are moving forward with pre-implementation activities.

Most exciting is the work the ratifying First Nations will do to create the central collective body. The possibilities for a coordinated approach to restoring Anishinaabe Governance and Anishinaabemowin are exciting. Since 1995, Anishinabek have been clear on their priorities: Language, Culture, Traditional Governance, Unity, and providing for the children and youth Seven Generations ahead.

Whether your First Nation signs on to the Education Agreement or the Governance Agreement, you have most likely reaped benefits from the Restoration of Jurisdiction process. Even if you have held a ratification vote that was not successful, the dialogue that occurred is important.

In the end, the Agreements do restore some inherent jurisdictions and provide a government-to-government relationship in the form of an enhanced political relationship with Canada, a greatly enhanced fiscal transfer arrangement, and the removal of the Minister from our business. The more we move away from the Indian Act and replace it with our own laws and our own ways, the better off we will be.

The Indian Act was aimed to destroy our way of life and assimilate Anishinabek into non-being. The Indian Act is and was a full-on attack on our governing system, our spirituality, our language, our knowledge, and our social structure.

Today, the Indian Act still rules nearly every aspect of our lives. The Anishinabek Nation Governance Agreement is a step away from the Indian Act, without giving anything up except Ministerial oversight in those areas where we have restored our jurisdiction.

For more information and/or to book a Community Engagement Session, please contact Barb Naveau, Communications Coordinator: barb.naveau@anishinabek.ca or visit www.governancevote.ca

Mary Laronde is a member of Temagami First Nation and served the Anishinabek as the Restoration of Jurisdiction Communications Coordinator from 1995 to 2016. She is currently working part-time under contract with the Restoration of Jurisdiction Department.