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The Anishinabek Nation is currently involved in Self Government Negotiations with the federal government for Restoration of Jurisdiction over Education and Governance. In 1995, the Grand Council Assembly of the Anishinabek Nation directed the Union of Ontario Indians to enter into negotiations with Canada for the restoration of the jurisdiction of the Anishinabek Nation. From this direction, the Restoration of Jurisdiction Project was initiated and began to negotiate agreements with Canada for jurisdiction over education and governance. Our purpose in the negotiations is to achieve Canada’s recognition of the law-making authority of the Anishinabek Nation that has always existed. As a prerequisite to inclusion of member First Nations in either of the Self Government Agreements, each Participating First Nation is required to draft and ratify a First Nation Constitution.
Also, a part of the project is to develop a Constitution for the Anishinabek Nation Government, which will be established under the Governance Agreement. The project has been in operation for six years and has had good success in creating interest and maintaining enthusiasm for the establishment of First Nations Constitutions and for the overall Anishinabek Nation Constitution. A Draft Final Agreement on Education The Anishinabek Nation asserts that education is a life long learning process and that it is integral to our survival as First Nations. Canada recognizes the importance of building new relationships with First Nations and is a willing partner in developing an agreement respecting education. This is the basis for the Education negotiations. The Draft Final Agreement on Education, describes how Participating First Nations will exercise their jurisdiction over education.
Within the Draft Final Agreement, there is a requirement for participating First Nations to establish their own constitutions. The Agreement states, at section 10.1:
10.1 Prior to the signing of this Agreement, each Participating First Nation will formulate and ratify a Constitution in accordance with this Agreement.
An Agreement-In-Principle (AIP) with respect to Governance
The governance negotiations between the Anishinabek Nation and Canada are centered on restoring the jurisdiction of the Anishinabek nation over governance matters. The Restoration of Jurisdiction over governance will empower the First Nations to take responsibility for themselves and to create their own governance systems. The Anishinabek Nation has never given up its inherent right to govern itself. This inherent right to self-government exists independent of the self-government negotiations with Canada.
The Governance AIP describes how the Anishinabek Nation and each Participating First Nation will each establish their respective legal status and capacity. It will outline how each will exercise its respective jurisdiction over the governance matters that are outlined in the Agreement.
Within the Governance Agreement-In-Principle, there is a requirement for Participating First Nations to establish their constitutions. The AIP states, at sections 5.2 and 5.3:
5.2 Each Participating First Nation will ratify a constitution, which will not be inconsistent with the Final Agreement or the constitution of the Anishinabek Nation. 5.3 Each Participating First Nation will ratify its constitution no later than the date it ratifies the Final Agreement. MandateThe Constitution Development Project, under the auspices of the Anishinaabe Anokiiwin Aanokiitoojig (Chiefs Committee on Governance), was established to support the development of the Anishinabek Nation Constitution and First Nation constitutions. The constitutions are a requirement for participation in the Education and Governance Self Government agreements. The project is intended to develop awareness, consensus and support for the Self Government project through communications activities. Development of the Anishinabek Nation and First Nation Constitutions provides the legal framework necessary for making laws. It also prepares the communities for Self Government through the development of capacity at the First Nation and the Anishinabek Nation. Goals The goals of this project are:
First Nations Constitution Development Project
The First Nation Development Project coordinates for, and assists community committees to formulate their community constitutions. Since the formularization of Participating First Nation (PFN) Community Constitution Development Committees, a flurry of community constitutions have been developed and drafted. UOI – ROJ lends it technical expertise in a variety of methods to support constitutional development including community visits – one to one assistance with Community Constitution Committees to write their draft constitutions. A guidebook was developed with the purpose of understand the constitution development process and constitution writing workshops.
The Special Projects Coordinator issues invitations to Anishinabek First Nations who are signatories to the Governance or Education Agreement to attend the Constitutional Conventions, Conferences and Regional workshops. The final result of First Nation Committee members leaves the workshop with a draft constitution in hand.
Over the past few years, Anishinabek First Nations have had varying results in their efforts to create their constitutions. Communities hold community consultation meetings to encourage citizens to become interested and to get involved in the discussions about developing their constitutions.
Currently, there are Anishinabek First Nation communities that have completed the drafting of their respective constitutions and are looking toward ratification:
Other First Nations are in the beginning stages of developing their draft constitutions.
It is anticipated that the First Nations who have not begun development of their constitutions will be contacted to create a community constitution.
There are plans also in the works for communications and consultations activities to be designed to further assist those constitution committees who are partway through their work to solicit the support, input and understanding of First Nation citizens in this rewarding and beneficial venture.
AN Constitution Development Project
In 2004, the Chiefs Committee on Governance mandated the Restoration of Jurisdiction to establish a committee made up of Restoration of Jurisdiction staff and technical advisors formally know as the Anishinabek Nation Constitution Development Committee to draft the Anishinabek Nation Constitution.
This committee has met over the past five years and has concluded the drafting of the AN Constitution. The Anishinaabe Chi Naaknigewin/Anishinabek Nation Constitution is a nation level constitution.
This past March 2010 the Anishinaabe Chi-Naaknigwewin Maawanjiidiwin/Anishinabek Nation Constitutional Convention I was held in Sault Ste Marie, Ontario.
The purpose of the Constitutional Convention I was to advance the development and approved the final draft of the Anishinabek Nation Constitution by seeking input from Anishinabek citizens and leadership in presenting and defining each article of the constitution. The convention serves to meet the request and mandate of the Anishinabek Chiefs in Assembly Resolution # 2009/20 to develop a two-phase ratification process to ratify the draft Anishinabek Nation Constitution. The resolution established a work plan and timeline in order to ratify the nation level constitution.
The main objectives of the conference were:
The targeted audience for the Constitutional Convention was Chiefs, Councillors, GWG, Community Engagement Trainees, Elders, Youth and community members of the Anishinabek First Nations. Highlights of the convention were presentations on: “Why we need a Constitution”, “The Importance of Constitutions in Strengthening Governance” and “Developing the Anishinabek Chi-Naaknigewin, an Overview of the Development Process.”
The Convention format consisted of Anishinabek representatives assembled in accordance with a typical convention process to discuss, revise, amend and adopt each of the articles of the draft Anishinaabe Chi-Naaknigewin Anishinabek Nation Constitution.
At the end of the three days, the participants had:
Community Input
One of the most challenging components of designing the draft constitution is the description of the format of the Anishinabek Nation Government.
In previous years, many attempts have been made for a review a number of options for the Anishinabek Nation government and many groups have been solicited. Finally it was agreed that this process should be grassroots driven in the same manner as it was for development of the Anishinabek Education System.
Over the past year, Governance Working Group has been introduced to the Anishinabek Nation Constitution via GWG Sessions. Review of the structure of the central government, discussion of options for the development of the type of infrastructure that would become necessary to make the central government operational. A total of seven (7) scheduled meetings, where held this past year and the main focus the GWG was to review and provide community input into the Anishinaabe Chi-Naaknigewin/Anishinabek Nation Constitution. The results of these working sessions were to produce a draft for consideration at the Constitutional Convention I as directed through Grand Council Resolution No. 2009/20.
The GWG played a key role in the success and implementation of the constitutional convention. After obtaining facilitation skills training from the Community Engagement Strategy’s (CES) regional training workshops, members facilitated the world café interactive sessions in order to solicit feedback on the draft articles of the AN constitution. The Anishinabek Nation’s Governance main table provided technical support to the GWG at the convention in order to provide the background information and process in developing each article.
The GWG will focus their attention to supporting the ratification of the draft Anishinaabe Chi-Naaknigewin/Anishinabek Nation Constitution, and to support those Anishinabek First Nation communities that will be operating under the new government.
Based on the recommendations from the delegates at the convention, it was decided the GWG will now review the final draft and make any technical wording changes and to create a preamble before it goes to the Grand Council Assembly - June 2010.
Constitutional Convention I produced a final draft to the Anishinabek Nation Constitution, which will now be brought back to the Chiefs in Assembly at the Anishinabek Nation Grand Council (June 2010) in order to endorse the draft for further consultation. If you are interested in being part of the action to create your community’s constitution, get in touch with your chief or council and make your intentions known that you are willing to work towards better governance and implementing self-government. Documents 2006-2007 Constitution Development Report File: Constitution Development Report 2006-07.pdf Anishinabek Nation Constitution File: Anishinabek Nation Constitution 2010 Final Draft.pdf Contacts For additional information about Constitution Development or any information regarding the content of this page, please contact:
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