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Land Code Vote 2020

The purpose of the Fisher River Cree Nation Land Code (the “Land Code”) is to set out the rules, principles and administrative structures that will apply to Fisher River Cree Nation (FRCN) reserve lands and resources.  The Land Code was drafted by a Land Code committee made up of our members and brought to our members through information meetings both on and off reserve.  If approved by Fisher River Cree Nation’s eligible voters, the Land Code will replace 44 sections of the Indian Act that address management of our reserve lands.

Mandate of Chief and Council and Lands Committee:

  1. To fully inform all band members on/off reserve.
  2. Obtain direction from membership to move forward.
  3. Information to Membership
  4. Framework Agreement on Land Management
  5. Historical Information on Fisher River
  6. Fisher River Cree Nation Lands
  7. Current Situation
  8. Ratification Process
  9. Fisher River Cree Nation Land Code and Individual Agreement with Canada

History of the Framework Agreement on First Nation Land Management

The Framework Agreement on First Nation Land Management is a government to government agreement with Canada where First Nations resume and exercise their own jurisdiction, control and decision making over their own lands and resources.

The Framework Agreement was signed by the Minister of Indian Affairs and Northern Development and 13 First Nations on February 12, 1996. (with additional First Nations added in May 1998.) The Framework Agreement was ratified by Canada by the passage of the First Nation Land Management Act Bill (C-49) in June 1999

1.) The Framework Agreement is a First Nation driven initiative.
2.) Each First Nation develops and ratifies their own land code that reflects their own laws, priorities, traditions, and ways of doing things.
3.) All voting members both on and off reserve are involved in the land code ratification.
4.) Nothing is finalized without community approval.
5.) The fiduciary relationship to the crown is refined, except to the extent that the land management comes under First Nation control.
6.) Title to First Nation reserve land is not affected by the Framework Agreement; “First Nation land continues to be land reserved for Indians within the meaning of section 91 (24) of the Constitutional Act of 1867.” Constitutional protection is retained.
7.) Treaty and aboriginal rights are not affected. “The Framework Agreement is not a Treaty.” As a general rule, there is no expropriation by the federal or provincial governments of reserve Lands. Canada is still responsible to correct past wrongs (not including land claims) that occurred on existing reserve lands before the First Nation’s land code takes effect. There will be continued protection of third party and individual band member’s interest’s on reserve lands.

A Land Code WILL NOT:

1.) Grant taxation powers.
2.) Create “fee simple” land or any other type of alienable land interest.
3.) Take away any Aboriginal, Treaty or other rights or freedoms that pertain to the Fisher River Cree Nation or its Members.f
4.) Affect additions to reserve.
5.) Affect land claims.
6.) Increase provincial or municipal jurisdiction.

Benefits

1.) The Framework Agreement will benefit Fisher River Cree Nation in making timely business and administrative decisions without having to go to the Minister of Indian Affairs for approval.
2.) The Framework Agreement recognizes the First Nations right to manage its own reserve lands, resources and environment.
3.) The Framework Agreement makes it possible for First Nations to adequately deal with the issue of matrimonial property in their respective communities in a way that does not discriminate on the basis of gender.
4.) Removal of the restrictive land provisions of the Indian Act.
5.) More efficient management of First Nation reserve land with greater economic opportunities.
6.) Removal of the need to obtain the approval of the Minister of Aboriginal Affairs and Northern Development Canada for First Nation laws.
7.) Recognition in Canadian courts of First Nation laws.
8.) Ability to create a local dispute resolution process that is designed by the First Nation.

We encourage all the eligible voters to vote on line and mail in ballots. If they have difficulty to contact the ratification officer for assistance.

If the eligible voters voted on line in 2018 they will be notified by email from OneFeather.

If you have changed their emails and/or residential addresses are to notify the ratification officer Shirley N Cochrane at frcnshirley@mymts.net

TO VOTE ONLINE, VISIT: https://www.onefeather.ca/nations/fisherriver

RATIFICATION VOTE NOTICE:

TAKE NOTICE that a Ratification Vote shall be held in accordance with the Fisher River Cree Nation Community Ratification Process in order to determine if Eligible Voters approve the Fisher River Cree Nation Land Code and the Individual Agreement. The Land Code and Individual Agreement shall be approved if a majority of the participating Eligible Voters vote to approve them.

The following question will be asked of the Eligible Voters of Fisher River Cree Nation by ballot:

“Do you approve:
• The Fisher River Cree Nation Land Code, dated June 17, 2020; and
• The Individual Agreement with Her Majesty the Queen in Right of Canada?”

Advance Polls for the Ratification Vote will take place on Monday the 28th day of September, 2020 from 9:00 a.m. until 8:00 p.m and Tuesday the 29th day of September, 2020 from 9:00 a.m. until 8:00 p.m. at: Fisher River Cree Nation Community Hall, Province of Manitoba.

The Official Voting Day for the Ratification Vote will take place on Wednesday the 30th day of September, 2020 from 9:00 a.m. until 8:00 p.m. at: The Fisher River Cree Nation Community Hall, Province of Manitoba.

The Electronic Voting Methods will be available from 12:00 a.m. on Tuesday the 1st day of September, 2020 to 8:00 p.m. on Wednesday the 30th day of September, 2020. Electronic Voting Methods (will be available) during regular polls on voting days (Advance Polls and Official Voting Day).

Electronic and paper copies of the Background Documents, the Ratification Documents and the Ratification Process may be obtained from Shirley A. Cochrane, Land Code Coordinator, at the Fisher River Cree Nation Administration Offices, (address) Province of Manitoba, telephone (204) 645-2171 ext 234. Copies may also be obtained from the website: fisherriver.ca.

AND FURTHER TAKE NOTICE that all Members of Fisher River Cree Nation who are 18 years of age or older as of the date of the Official Voting Day of the Ratification Vote are eligible to vote.

DATED at Fisher River Cree Nation, Province of Manitoba this 27th day of July 2020.

Shirley N. Cochrane, Ratification Officer
Fisher River Cree Nation, Province of Manitoba
Telephone: (204) 645-2171 Facsimile: (204) 645-2745 E-mail: frcnshirley@mymts.net

NOTE: All Eligible Voters shall receive instructions on how to obtain a Mail-in Ballot package and instructions on how to vote electronically. If an Eligible Voter would like to vote by Mail-in Ballot, please contact the Ratification Officer for a mail-in package. Eligible Voters who wish to vote in person may attend the polls on Voting Days.

Contact
Shirley Ann Cochrane,
Land Code Coordinator
Phone: (204) 645-2171
Email: frcnlandsa@mymts.net 

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