Restoring and recognizing inherent jurisdictions

March 2, 2022
Anishinabek Nation Ngo Dwe Waangizid Anishinaabe (One Anishinabek Family) is the preamble to the Anishinabek Nation Chi-Naaknigewin. – Photo by Ed Regan

By Mary Laronde

ANISHINABEK NATION TERRITORY – In 1995, the Grand Council of Chiefs 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 and are self-governing in education from JK to Grade 12.

In 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 requiring 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. The “enabling” federal legislation is a recognition of existing, inherent rights, not a creation of those rights.

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.

In the Agreements, the Minister is not involved in creating, passing, or approving Anishinabek First Nation education or governance laws or dealing with appeals. In other words, we, as Anishinabek, are responsible in those areas in which we exercise jurisdiction.

Since 1995, we have created:

  • an Appeals and Redress System that is the beginning of an Anishinaabe system of justice;
  • 30 First Nation constitutions that were developed by the community members and that guide their law-making processes;
  • an Anishinabek Education System under First Nation governance entering its fifth year of successful operations;
  • the Anishinaabe Chi-Naaknigewin, including the Preamble: Ngo Dwe Waangizid Anishinaabe, One Anishinaabe Family and;
  • an Anishinabek citizenship law model: E’Dbendaagzijig Naaknigewin.

Most importantly, we helped our former and late Head Getzit Gordon Wandubence (Shiikenh)-baa in bringing our Anishinaabe Clan Teachings and Traditional Governance workshops to Anishinabek First Nation citizens in their communities throughout the Anishinabek Nation.

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 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. Remember, the Indian Act was aimed to destroy our way of life and assimilate Anishinabek. The Indian Act was a full-on attack on Anishinabek and Anishinaabe Aadziwin (Way of Life).

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

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. Niigan Zhaamin.