Wednesday, February 22, 2012

FAQs


ABOUT THE CENTRE

What is the purpose of the National Centre for First Nations Governance?

Our purpose is to provide support and services to First Nations who realize that critical changes are needed to their current governance if they are going to improve their community, eliminate poverty and rebuild their economy. The importance of governance is summed up in this quote from former UN Secretary-General Kofi Annan: “Good governance is perhaps the single most important factor in eradicating poverty and promoting development.”

How do First Nations communities access the services of the NCFNG?

You can learn about the Centre’s services on our website at: http://fngovernance.org/services and determine whether or not the Centre can assist.  You can also call the Centre toll free at: 1-866-922-2052, send an email to .(JavaScript must be enabled to view this email address), or contact an NCFNG’s office located in your area.

Where are the Centre’s offices located?

There are service offices located in five regions across Canada:  British Columbia, Prairies, Ontario, Quebec and Atlantic Canada.

ABOUT NATION REBUILDING

What does the Centre mean by “Nation Rebuilding”?

Nation rebuilding is when your Nation’s citizens take it upon themselves to exercise their right to develop effective, independent governance. It allows your citizens to take steps towards restoring your Nation’s culture, health and economic independence.

What are the first steps for citizens to create change?

Community members and leaders have to be ready for change, understand what it means, and be fully prepared to support it. A movement for change requires a clear sense of direction. Communities must come together to create a shared vision of the future and develop a road map that sets out how you intend to achieve your community’s vision. Start by working on it in your own community - don’t wait for someone to give it to you or negotiate it for you.

Is the Indian Act effective governance?

NCFNG does not consider the Indian Act as a tool for effective governance. The Act is a means by which the Government of Canada delegates conditional authority to Chiefs and Councils to administer basic services to its membership.  Governance is effective when authority is delegated from a Nation’s citizens.

How do First Nations begin governing beyond the Indian Act?

A First Nation’s jurisdiction reaches beyond the Indian Act and their citizens can decide to exercise their collective right to become self-governing. This is a lengthy process that requires a variety of approaches suitable to the Nation itself. NCFNG can work with a Nation to determine the steps it can take to exercise jurisdiction outside of the Indian Act.

How does a First Nation get started on a path to self-governance?

You can start by learning about the rights you possess. Explore how your nation was governed prior to imposed government policy. Understand that there are responsibilities to the land, the people, your language and your culture.

How do territorial rights connect to governance?

The territorial rights of First Nation citizens extend throughout traditional territories, while the Indian Act is limited to reserve boundaries. Citizens can develop governance structures outside of the Indian Act and exercise their full jurisdiction.

Won’t taking on our own self-government eliminate or threaten our treaty and our treaty rights?

Your treaty was originally negotiated on a nation-to-nation, government-to-government basis. It was negotiated on the basis that you owned, occupied and applied your own laws to the land and resources that others wanted to access.

What protection does self-government provide to citizens should it fall into the wrong hands?

Protection mechanisms can be built into your self-government or your constitution to ensure that there are ways to protect accountability and transparency. Your current Indian Act government provides no protection.

OUR RIGHT TO GOVERN

Do First Nations have the right to develop their own form of governance?

Yes, the right exists for any First Nation to pursue their own form of governance, without any restriction being imposed on them.

Does Canadian law grant this right?

Canadian law does not grant this right. Instead, it recognizes that the right to have self-government and be self-governing existed before contact and still exists today. The Constitution Act, 1982 explicitly recognizes and affirms existing aboriginal and treaty rights. This inherent right is reinforced by Canadian case law.

What is an “inherent right”?

Inherent rights are passed on by a First Nation’s ancestry and are communal in nature. They include the authority for a First Nation to be self-determining and self-governing. Inherent rights flow from a deep connection with the land.  As such, the may include rights commonly known as Aboriginal title, treaty rights and Aboriginal rights.
Inherent rights exist without the recognition of the federal government, provinces or the courts. The courts have defined some of these rights, but most fail to accurately portray Aboriginal perspectives. Strategies developed using any one of these inherent rights can lead to self-government if implemented by First Nations.

NCFNG's RELATIONSHIP to GOVERNMENT

What relationship does the Centre have with the federal government?

The treasury board of the federal government provides funding to the Centre.

What relationship does the NCFNG have to government policies and programs?

NCFNG does not implement any federal policies or run any programs for the federal government. The Centre is an independent service centre that is controlled, directed and staffed by First Nation citizens working with and for First Nations.

Is there federal or provincial government representation on the Board?

No. Federal or provincial government representation is not on the Board. We are First Nations controlled working with and for First Nations. The Board is independent, non-political and experienced in building and maintaining good governance.

Does the Centre have a connection to the Fiscal Institutions Initiative?

There is no connection to the Fiscal Institutions framework.

How does the Centre prevent the government from unduly influencing the work of the Centre?

The Centre has implemented a series of conditions to prevent this from happening.
> The Centre does not create, deliver, administer or fund any programs or policies on behalf of the federal government.
> No representatives from the federal government or any political institution will be on staff or on the Centre’s board and members council.
> The Centre has developed alternate sources of funding and is actively seeking funding partners so that it can be more independent of federal government funding.

NCFNG FUNDING

Where does the Centre get its funding?

The Centre is supported by new dollars from federal Treasury Board Funding. It provides a full and regular financial accounting of the use of funds both to our own people and the federal government. Federal investment in the Centre is necessary to start the work we need to help our communities recover our own systems of governance and become healthy and self-reliant once again. 

Does the Centre use funds that could otherwise be directed to First Nations?

No. Support for the Centre comes from new Treasury Board funds, not from existing funds earmarked for First Nations by the Department of Indian Affairs.

How does the Centre work to become more independent of government funding?

The Centre operates with 1/3 less federal funding than at its launch and now raises its own sources of revenue through contracting of services and grants from other funding institutions. The Centre has non-profit charitable status and actively seeks other sources of funding.

Does the Centre provide funds to First Nations for implementing their self-government?

No. The Centre does not distribute any monies to First Nations for their work on self-government.  Instead, the Centre will assist First Nations by partnering with them and other First Nation institutions to support their efforts.

NCFNG's GOVERNANCE STRUCTURE

How are the Centre’s National Council Members and Board of Directors selected?

A comprehensive process for selecting a National Members Council and an independent Board of Directors have been developed as follows:
1.  First Nations communities and organizations from across Canada are invited to advance the names of citizens they feel would be appropriate to serve as National Council members of the Centre. Members are non-political First Nation citizens.
2. The criteria for membership reflects, but is not bound by:
> Proven experience in organizational development and implementation.
> An understanding of First Nations governance and an understanding of the special legal and constitutional relationship we have with Canada.
> Gender.
> Regionalism.
> Respected reputation among First Nation and Non-First Nation citizens and organizations.
Members elect the Board of Directors from amongst themselves for staggered terms not exceeding three years.  Directors have no parochial representation. This follows best governance practices for non-profit charitable organizations whose purpose of business is not political or specialized. The Centre’s Board of Directors are selected for their ability to make decisions based on their expertise, their experience and their independence.

How does one apply for membership?

The Centre accepts letters of interest from people who are interested in joining the Member’s Council. For more information, download this document:
http://fngovernance.org/pdf/VolunteerOpportunities_NMC1109.pdf

Why is it so important for the Centre to be independent?

Government notions of how First Nations should govern ourselves have failed. In order to restore trust among ourselves we must produce work that is free from political influence and rooted in solid “bullet proof” fact. Even some of our own people have ideas of governance that are based on notions that they wish to see imposed on our Nations.
Being free of these two polarizing influences ensures that the Centre remains independent and provides First Nations with the assistance they require for their own nation rebuilding purposes.