Background Information
Background History
The Framework Agreement on First Nation Land Management was signed by the Minister of ndian Affairs & Northern Development & 14 First Nations on February 12, 1996. The Framework Agreement is an initiative by these 14 First Nations to opt out of the Land Management sections of the Indian Act and take over responsibility for the management and control of their reserve lands and resources. This is a first for Canadian History.
The initiative was opened to other interested First Nations. And on March 31, 2003 in a ceremony at the Canadian Museum of Civilization, Swan Lake First Nation and 18 other First Nations signed the Framework Agreement.
This was the first step in a commitment between Swan Lake First Nation and the Government of Canada in the move towards increased self-governance. This government to government Initiative provides participating First Nations with the opportunity to come out from under the land administration sections of the Indian Act and establish their own regimes to manage their lands and resources, providing for more decision making at the local level.
The Framework Agreement will provide Swan Lake First Nation with the option to manage our reserve lands under our own Land Code. Land management involves the day-to-day administration of reserve lands and resources and the right to legislate in respect of those lands and resources. The Land Code is the basic enabling land law of the Swan Lake First Nation and will replace the land management provisions of the Indian Act.
Community Involvement
In order for Swan Lake to assume control over its lands, the Land Code must be ratified by the Swan LakeMembers.
All members of the Swan Lake First Nation who are at least 18 years of age on the day of the vote, whether living off-reserve or on-reserve, have the right to vote on the Land Code. You can be involved by:
- Attending community consultation meetings.Your input is very important.
- Provide information to assist in locating family members who are eligible voters.
- Register to Vote.
- Come out to Vote.
Summary of Benefits to Swan Lake First Nation
- First realrecognition of First Nation right to manage its reserve lands and resources
- Removal of reserve lands from the management provisions of the Indian Act
- Community control over First Nation land managementand development
- Inclusion of both off-reserve and on-reserve members in important decision and law making processes
- Increased accountability to members of the First Nation
- More efficient management of First Nation land
- Recognition of First Nation legal capacity to acquire and hold property, to borrow, to contract, to expend and invest money, to be party to legal proceedings, to exercise the powers and to perform its duties
- Transfer by Canada of previous land revenues to First Nation
- Recognition of the right to receive revenue from interests in First Nation
- Protection against arbitrary expropriation of First Nation land
- Protection against loss of First Nation land through surrender for sale
- Ability of First Nation to protect the environment
- Ability of First Nation to address the current vacuum on rules related to land during marriage breakdown
- Recogntition of significant law-making powers respecting First Nation land
- Removal of the need to obtain Ministerial approval for First Nation laws
- Recognition in Canadian courts of First Nation laws
- Recogntion of righ to create modern offences for breach of First Nation laws
- Ability to appoint Justices of the Peace
- Ability to create local dispute resolution processes
- Establishment of a legal registry system
- Establishment of a First Nation run Lands Advisory Board to provide technical assistance to First Nations.
For more information on the Land Code Development Process and the Framework Agreement on First Nation Land Management, check out the Lands Advisory Board website: