The Negotiation Process Facts

MFN Engaged in a Two–Part Process

Miawpukek First Nation is negotiating under an unmbrella agreement that provides a frame work for a renewed relationship based on trust and mutual respect.
This will form the basis for legislation, which establishes a process to gradually replace the application of the Indian Act on Miawpukek Reserve.

Provisions for a Miawpukek Charter, based on Mi’kmaq customs and traditions, will establish rules governing the Miawpukek First Nation Government in relation to areas such as law making process, leadership section, accountability, conflict of interest rules, rights of appeal and redress.
In addition, this agreement will outline that individual and collective rights will be respected and that Miawpukek laws and Federal laws will co–exist.

The Frame work Agreement defines the relationship between all governments and establish the guidelines for the second process which is the negotiation of sub agreements including jurisdiction and/or authority to be exercised by Miawpukek First Nation.

The second process includes specific rules for resolveing conflicts between laws and identifications of those Indian Act provisions that will no longer apply as well as ratifications procedures.

Who is Negotiation of Behalf of MFN?

The following committees were formed to help the process of the Self Government Negotiation.

MFN Steering Committee:

• Chairperson - Chief Mise'l Joe
• Elder Representative - Priscilla Drew
• Legal Counsel - Shayne McDonald
• Community Representative - Alma Benoit
• Youth Representative - Victoria John
• Off Reserve Representative - Clyde Collier
• Non-Aboriginal Representative - Cory Foster
• Student Representative - Kristien Hinks
• Student Representative - Justin Benoit

• Chief Negotiator - Chief Mise’l Joe
• Legal Counsel - Shayne McDonald
• Negotiator - Tammy Drew (General Manager)
• Negotiator - Yvonne John (Finance Manager)
• Advisor - Judy White

How does the Negotiation Process Work?

Generally three parties are involved in the Negotiations. The Aboriginal group, the Federal Government and the Provincial Government.

This is the most practical, effective and efficient way of negotiating workable and harmonious intergovernmental arrangements. There are different stages of the process. They are as follows:

Step 1– Framework Agreement

• Completed in 2005
• First Stage of Negotiation
• Review of issues and how they will be dealth with
• Time lines and Rules

• Longest Stage of Negotiation
• Contains all elements of a Final Agreement

• It is based on what was negotiated in the Agreement in Principle
• Must be accepted by the Membership of the First Nation by a vote
• Must include an implementation plan
• Has to be made effective by Federal Legislation

What is being Negotiated?

Miawpukek First Nation is now negotiating a formal Self Government Agreement under an umbrella agreement.
This Agreement will establish a new relationship between Canada, the Province of Newfoundland and Labrador and Miawpukek First Nation.
The following chapters are highlighed for negotiations:

• Government Structures
• Internal Constitution
• Elections
• Leadership selection processes
• Membership
• Marriage
• Adoption and Child Welfare
• Language Culture and Religion
• Education
• Health
• Social Services
• Lans
• Administration and Enforcement of Aboriginal Laws
• Policing

• Governance
• Education
• Justice
• Health — Including Income Support and Child/Family Services
• Wills and Estates
• Public Works
• Fisheries
• Lands
• Wildlife
• Forestry