AFN Special Chiefs Assembly, Resolution # 25 / 2018 “Rejection of the Recognition and Implementation of Indigenous Rights Framework and Associated Processes.

The Framework and associated processes undermine the true Nation-to-Nation relationship between First Nations and Canada:

Reasons for rejection:

1. Openly reject Free, Prior, and Informed Consent (FPIC) as a guiding principle of the relationship between Canada and First Nations. This is made evident by Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples (Ten Principles) document which states that Canada will only attempt to honour FPIC. This amounts to little more than consultation.
2. Call for the infringement of inherent and unextinguished rights and jurisdictions of First Nations. The Ten Principles document clearly states that infringement of Aboriginal rights will continue unabated in situations where Canadian courts find it “justified” or where it is found to be in the best interest of the nation.
3. Assert that the Canadian constitutional framework is the only vehicle for the exercise of inherent rights by First Nations.

SOLUTION

1. Confirm that only First Nations can determine the path to decolonization.
   Reject Canada’s Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples (Ten Principles) as the basis of the relationship going forward. Joint principles of understanding must be developed in partnership with First Nations and be enshrined in a new Royal Proclamation.
2. Reject the Recognition and Implementation of Indigenous Rights Framework (the Framework) and will take all necessary steps to prevent the passing of any legislation related to the Framework created by the federal government. There have been no meaningful changes to the Framework process since it was announced in February 2018, despite widespread criticism and outright rejection from First Nations across the country. Unilaterally developed policy and legislation that sets the parameters of Canada’s relationship with First Nations is in direct contravention of the nation-to-nation relationship and Canada’s obligations under international law.
3. Call on the Assembly of First Nations to support First Nations in developing their own nation-building processes, including law-making, institution-building, and research of traditional governance systems. It is imperative that First Nations begin developing standards of governance and law-making and begin to assert their inherent rights and unextinguished jurisdictions outside the purview of Canadian legislative control.

https://www.afn.ca/wp-content/uploads/2018/12/2018-Dec-SCA-Resolutions-Package-v3.pdf