Community/Committee Meeting February 27, 2007
Meeting commencement: 6:00 pm
Meeting concludes: 9:05 pm
Debbie Newton – Council
Elwood Ashawasega Jr.
Judy ContinKim McQuabbie
Carrie Lynn Bennett
Genevieve Solomon Dubois
Regrets: Morris Ashawasegai, Sherry Contin
Ken Noble – Briefed community members on where HIFN is, in the FNLMA process. We’re close to the end of the fiscal year, March 31st 2007.. We will soon be entering into negotiations for a new budget. The FNLMI process is normally about a two year process. HIFN did not really get up and running until September. We’re probably not going to need another full year. The biggest job, is to draft the land code.
Once we’re done developing a draft code, we will be doing community consultations, before a ratification vote.
We will need to think about the areas of the land code which need to be discussed more in depth.
Further in the Land Code, is the Dispute Resolution process. And we will be discussing that process at length. Both Jen and Ken have spoken with a lawyer today to come up with several systems that would be appropriate for HIFN. By the next meeting, there should be several different options to consider.
Another discussion area includes issues surrounding CP policies, and Matrimonial Real Property, as well as Wills and Estates. Jen reviewing all current interests for the band. There are some unresolved issues, and maybe can look at wording to solve those problems in the future. There will be a lot of debate in this area.
The committee also has some decisions to make around community votes when amending the Land Code. Need to talk about quorums, and what is appropriate for HIFN when it comes to how many eligible voters should there be when making decisions for the community.
After land code has been drafted, there will be a set amount of money from the government to manage its own lands, as set out in the Framework Agreement and Individual Agreement.
Question from Judy: Where is Environmental Assessment at? Is it just a draft? There some items missing in the draft in respect to sensitive sites like a burial ground on Contin Island, as well as medicinal plants. She has called Cory Ostrowka from Neegan Burnside.
Ken: Yes, it’s only draft right now, and in Phase 2. If they have missed something, there is time to go back and put them into. Maps will continue to be updated and items noted in the report.
Designation question: Basically, when the referendum was previously done, it was designated for leasing purposes only. It’s under a head lease, and is another authority. Through the land code, it stays as such, but to de-commission or amend the referendum land and change leases, will require a referendum, because it has been mandated in the referendum.
MRP: we have an obligation under the Land Code to do this MRP; we have a year after to do that. There are some issues happening in Canada, the federal government, wants to impose matrimonial real property laws on First Nations. If they pass the legislation, it will over-rule MRP laws on reserve. Still doing some more research on that. Estate Laws is also closely intertwined with the MRP. Needs to be dealt with now, and be aware of it. Those kinds of issues need to be talked about. Ken spoke with the NWAC person about MRP; there were processes around healing even before the divisions of interests in the matrimonial homes.
Begin Committee portion of the meeting. 6:44 pm.
Ken: Website info and member bios need to be in. Also, the website indicates how many visitors have entered the site.
Ken asked Debbie Newton, how many eligible voters does HIFN have? 476 Eligible Voters for HIFN
Chairperson: Carrie Lynn Bennett
1) February 13 2007 amendments reviewed on February 27 2007
Committee chair person Carrie Lynn Bennett starts the amendments by addressing the decisions by voters at a community meeting.
Membership will convene at a community meeting prior to the enactment of a land law:
A members meeting shall be held by HIFN to discuss and make a decision on the following matters
c) Community approval at a community meeting of members must be obtained for the following.
The committee had discussed the choices brought forward to them at great lengths the option that was chosen was the following:
A Band membership meeting shall be held to obtain approval for the following:
Move: Genevieve Solomon Second: Victor Ashawasegai
List of matters.
The committee moves into reviewing the list and need to decide whether the items list need to either can be addressed by Chief and Councilor by lands committee
a)land use plan
Moved by Allan McDonald seconded: Judy Contin.
b)Any land law or land resolution that chief and Council is unable to enact due to conflict of interest.
Some talk on how at present Chief and council deal with this area and ask mentioned by Councilor Debbie Newton if a member of chief and Council have direct personal concerns or involvement then that individual removes themselves from any decision making.
No action taken to be discussed at next meeting March 13 2007.
The next two items c) & d) had some areas that the committee had addressed and the topics where, number of years and some of the wording that was felt where similar to each other and the type of usage and condition of license. Upon lengthy deliberation by all present including community members’ rewording was presented that should address great topics brought forward. And states
a)Any grant or disposition of an interest, license or permit of resources on community lands that is not covered in the land use plan, that is longer than 15 years.
Move: Carrie Lynn Bennett Second: Kim McQuabbie
Base d on the previous conversation by the committee members the next decision was made easier to make which was the number of year on a mortgage and this had to refer to our Canadian Mortgage Housing Corporation houses here on reserve. The numbers are different by ten years in the city, some felt it could benefit the community if the numbers were 35 years but, in the end it remains at 25 years
A)Any charge or mortgage that is longer that 25 years;
Move: Carrie Lynn Bennett Second: Kim McQuabbie
A)any borrowing that exceeds the limits under section Jennifer will look into this and bring it to the table next meeting
No action taken at this time.
f) Any amendment to this Land Code;
Move: Genevieve Solomon- Dubois Second: Eleanor Moses
Any voluntary exchange of Henvey Inlet First Nation land: clarification was given as equal value and same acreage and defined that it needed to be the federal government that Henvey inlet would be negotiating with, and the new item reads as.
a)Any voluntary exchange of HIFN land with the federal government.
Move: Kim McQuabbie Second: Genevieve Solomon - Dubois