Constitutions, best practices discussed at Our Past, Present and Future conference
By Marci Becking
SAULT STE. MARIE – Wiikwemkoong’s Ogimaa Duke Peltier and Nipissing First Nation Chief Scott McLeod made presentations on their constitutions, laws and best practices to the participants at the Ka mnaadendanaa gaabi zhiwebeg miinwaa nango megwaa ezhwebag, miinwa geyaabi waa ni zhiwebag – Our Past, Present and Future conference.
Ogimaa Peltier said that Wiikwemkoong builds governance through dialogue with the citizens.
“We place an emphasis on this. Influence of how we need to steer the ship for our council and nation. We put before our community the process of how we are going to do laws and policy – what the basic ground rules are going to be when people come to our council.”
Wiiwemkoong has had their constitution in place since June 2014.
“We have to make it a priority to protect our lands and ways, embed our cultural understandings and language into our everyday being,” said Peltier. “We always make big statements. We say we are doing this for our kids, often times our words are empty. We did the Wikwemikong Children’s Bill of Rights. It outlines how we are going to live up to statements about actions for our children. When we proclaimed it, we had speeches from our children on what work they wish to see done. Our council heard that, our staff heard it.”
“Any other external laws are subordinate to ours. We began to establish laws that are applicable to our own people. Time for people to review, because it will have a lasting impact. We are aiming for a balanced lifestyle and be productive members of the community. We have about 50 applications for residency. People are coming home. We want to create a safe and welcome environment for our children. We have our Matrimonial Real Property Law. We haven’t gone to Canada to create these laws. We know what we need to have structure in our communities.”
“We have those inherent rights, we have the responsibility to create what we need to create, the answers lie with our council and community members. We are exploring our Land Management Act (land code) that will define how we consult. When we are developing laws, we have an approach where we go to urban centres so that they can have a say in what we are building. Our team is in their 2nd round in consultations with land code. People feel that they are appreciated and their voice is welcome – time to connect.”
“We are looking at our own Election Law. If you are looking at establishing laws and policies – resource it properly. Speak with other communities who are embarking on their own journey who can provide you with guidance. Know your histories and share those understandings within your community. Resource your departments properly if you are embarking on any law-making and to create the structures – have a constitution to lay down your foundation.”
Nipissing First Nation Chief Scott McLeod and Chief Executive Officer Dwayne Nashkwa did a presentation on their Gchi-Naaknigewin and community laws.
“Know your history,” says Chief McLeod. “We wouldn’t be where we are with governance if we didn’t know our history. Inherent rights and treaty rights – no such thing as treaty rights. Our inherent rights were well intact. We got into the treaty process to protect those things. Our lands, fish and culture were all impacted by the Indian Act. We lost the possession of our inherent rights. In 2018, we are now reasserting those inherent rights in rebuilding our governance structure. We have a staff of 170 and an annual budget of $22 million. We are becoming stronger and building the future. We are recognized as being lands, fisheries, Gchi-Naaknigewin and financial.”
Nashkwa said that in terms of process, Nipissing First Nation’s success is about consulting actively with citizens.
“Resource it and know where you came from – what you want your future to hold. The first piece was Land Code. Joan McLeod is now an authority in Canada on Land Code today. Former Chief Phil Goulais and Joan McLeod really focused on our Land Code which changed Nipissing. We pushed INAC out. We did business deals – we have a partnership with Miller Paving. We lease the land to Miller – sold the building to them and they moved their operations to Nipissing. This brought 15-20 good jobs for Nipissing First Nation people. We are also now accountable.”
Chief McLeod said that in 2004 Nipissing First Nation developed their Fisheries Law.
“We did a Memorandum of Understanding with Ministry of Natural Resources and Fisheries to protect our rights. We established a relationship with the Ministry recognizing our jurisdiction and inherent right. We had our Gchi-Naaknigewin. Nipissing First Nation citizens who were not abiding to our laws were asked to attend a justice circle. If they didn’t agree with sentencing, then they aren’t participating with community law – they have to deal with the province. Province says if you aren’t following your First Nation Law, and you have no commercial license, then you are fined. No one persons rights can supersede those of a community. What we are doing is protecting our inherent rights to govern, to act as a community, to harvest fish and know the fish are there. If you do not give the fish the right to exist then the rights are meaningless. Our duty is to make sure every citizen from our community has those rights intact.”
Nashkwa said that the Gchi-Naaknigewin defined who the Nipissing people are as a people and set community standards.
“When we adopted this, it was a watershed moment,” said Nashkwa. “Whenever we were presenting something going forward – instead of people asking ‘what program is this funded by?’ or ‘what does INAC says about this?’ – we now have – ‘is this in line with our Gchi-Naaknigewin’. It serves as Supreme Law.”