1. Working with Aboriginal Peoples’ in British Columbia A Brief Introduction for Individuals and Organizations looking to work with Aboriginal Peoples’ in British Columbia 1 www.jaylambert.ca
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3. There is a strong desire and push for operationalizing self-governance at the community level, it is very challenging to work any project through from the outside.
4. Projects move at a snails pace at the community level, partly because of politics but mostly because of a lack of capacity and barriers related to Indian Act.
6. No substantial Inuit Population.www.aboriginalbc.com/trellis/people 2 www.jaylambert.ca
7. Status First Nation Many live on Reservations Have special rights as defined bytheIndian Act. Federal Government has fiduciary responsibility for most services. Many Bands and Tribal Councils operate as self-governing entities through Contribution Agreements by the Federal Government. 3 www.jaylambert.ca
9. Leadership Council Government to Government relationship - Represents all Status FN in BC, particularly relevant to FN on-Reserve 5 www.jaylambert.ca
10. Transformative Change Accord New Relationship between the Province of BC and the First Nations leaders guided by principles of trust, recognition, and respect for Aboriginal rights and title. The purpose of this Accord is to bring together the Government of BC, First Nations and the Government of Canada to achieve the goals of closing the social and economic gap between First Nations and other British Columbians over the next 10 years, of reconciling aboriginal rights and title with those of the Crown and of establishing a new relationship based upon mutual respect and recognition. 6 www.jaylambert.ca
11. Transformative Change Accord Principles Recognition that aboriginal and treaty rights exist in BC; Belief that negotiations are the chosen means for reconciling rights; Requirement that consultation and accommodation obligations are met and fulfilled; Ensure that First Nations are engaged in consultation and accommodation and provide consent when required, freely and with full information; 7 www.jaylambert.ca
12. Transformative Change Accord Principles Acknowledgement and celebration of the diverse histories and traditions of First Nations; Understanding that a new relationship must be based on mutual respect and responsibility; Recognition that this agreement is intended to support social and economic well-being of First Nations; Recognition that accountability for results is critical; Respect for existing bilateral and tripartite agreements. 8 www.jaylambert.ca
13. Non-Status First Nations Constitutionally recognized however are not recognized under the Indian Act. Generally, service provisions are similar to Métis and the general population. 9 www.jaylambert.ca
14. Métis "Métis" means a person who self-identifies as Métis, is distinct from other Aboriginal peoples, is of Historic Métis Nation ancestry, and is accepted by the Métis Nation. Services provided by or through the province. 10 www.jaylambert.ca
16. Another layer of complexity Different corporate and political cultures Similar to differences between private sector and government. For information systems there are issues of inter-jurisdictional data sharing Different legal jurisdiction within provincial boundaries. Privacy legislation on reserve exists within a grey area (Fundamentally protected by the Charter but no provisions for Privacy under Indian Act, not directly covered by FOIPPA) FN Principles of OCAP 12 www.jaylambert.ca
17. First Nation Principles of OCAP (OCAP) Ownership, Control, Access and Possession Same concept as individual privacy as enshrined in legislation except extended to a population. Supported by Tri-Council Policy Statement Guidelines for Ethical Research of Human Subjects & Canada Health Infoway White paper on Information Governance and Privacy. 13 www.jaylambert.ca
18. Considerations To what extent are First Nations going to be involved in your initiative? How involved will FN be in the planning/development/implementation of this system? Consultation is everything with First Nations as a direct result of a long history of failures to consult. 14 www.jaylambert.ca
19. Considerations To what extent have the policy issues of systems integration with FN been explored/addressed? How will they be addressed? First Nations jurisdiction over their populations information. (OCAP) Privacy and Access to Information legislation and Policies. What are the capacity and infrastructure requirements for FN on-reserve? Is the IT infrastructure in place? (connectivity) Are the human resource requirements in place? 15 www.jaylambert.ca
Aboriginal: Umbrella term for all constitutionally recognized indigenous peoples of Canada includesFirst Nations: Status/non-status (Status FN have special legal rights as defined by the Indian Act - 12 language groups, 200 independently recognized bands)Inuit: Hold different status rights (no significant Inuit population in BC)Key Points“Aboriginal” is an umbrella term and in fact there are 28 distinct cultural groups with 12 different languages creating a diversity between Aboriginal groups in BC roughly equivalent to the linguistic diversity of Europe and this is only for FN indigenous to the BC region. There are 200/198 independently recognized bands in BC, out of 600 across Canada)There is a strong desire and push for operationalizing self-governance at the community level, it is very challenging to work any project through from the outside.Projects move at a snails pace at the community level, partly because of politics but mostly because of a lack of capacity and barriers related to Indian Act.Métis: do not have status rightsMake mention of demographics (from PHO report?)
Are FN user requirements the same as the provinces?