Gwich'in Tribal Council

Gwich'in Tribal Council

1 Gwichin Tribal Council INAC Self-Government Workshops, October 2016 Gwichin Tribal Council Gwichin land, culture & economy for a better future 2 Outline A. Overview GTC Roles & Responsibilities in the GCLCA Context 1. GTC overview and objectives

2. GTC Governance B. GCLCA Context: Treaty 11, Indian Act, and the GCLCA 3. Treaty 11 & the GCLCA 4. Indian Act & the GCLCA 5. Treaty 11, the Indian Act, GCLCA and Self-Government C. GTC Roles & Responsibilities in the Self-Government Negotiations Context 6. GTC in Self-Government Negotiations 3 GTC Roles & Responsibilities in GCLCA Context Gwichin Tribal Council (GTC) is the overarching organization that represents the Gwichin Nation; created in 1992 with the Land Claim Key objectives of the GTC, as set out in the 1992 Letters Patent: 1. Protect and preserve the rights, interest and benefits of the Gwichin in reference to their use, ownership and management of lands, waters, and resources in the Gwichin Settlement Area;

2. Retain, preserve and enhance the traditional and cultural values, customs and language of the Gwichin in a changing society; 3. Develop and promote economic, social, educational and cultural programs that will enable the Gwichin to become self-sufficient and full participating members in a global society; 4. Uphold the rights, interest and benefits of the Gwichin in reference to the Constitution Act, Treaty 11 and the Gwichin Comprehensive Land Claim Agreement; and 5. Receive, preserve and enhance the capital and the lands and other benefits transferred to the Gwichin pursuant to the Gwichin Comprehensive Land Claim Agreement signed on April 22, 1992 4 GTC Governance in GCLCA Context GTC is comprised of a number of institutional structures that were created as a result of

the Land Claim. Assemblies are the ultimate governing body of the Tribal Council, setting objectives in accordance with the Land Claim GTC Board of Directors set the overall direction for management and operation of the Tribal Council GTC Executive are responsible for overall management and operation of the Tribal Council in accordance with: By-laws, Assembly Resolutions, the Land Claim, and direction from the GTC Board Land Claim Participants are represented through community-based Designated Gwichin Organizations (DGOs) at both the Annual General Assembly and through representation on the GTC Board of Directors 5 GCLCA Context: Treaty 11

6 Treaty 11 Most Treaty 11 rights were ceded and surrender with the signing of the GCLCA The Land Claim provided clarity, certainty and strength around Gwichin rights, titles and interests, which were being intruded upon prior to the Land Claim Treaty 11 rights after the GCLCA: Annual payments to Chiefs, Headmen and members (and equipment) Payment of salaries of teachers Right to hunt, trap and fish in limited areas outside the tract surrendered PLUS, all of the rights in the GCLCA

7 GCLCA Context: Treaty 11 & GCLCA Treaty 11 (1921 1992) GCLCA (1992 Present) Gwichin Comprehensive Land Claim Agreement Treaty 11 Treaty 11

8 Indian Act and the GCLCA The GCLCA: Does not affect or alter status under the Indian Act of any Gwichin person or band (3.1.8) Does not affect Gwichin access to programs for status Indians, non-status Indians or Metis (3.1.6)

Makes clear that Gwichin lands are not reserve lands under the Indian act (3.1.9) Makes clear that Indian Act Bands in the Gwichin Settlement Area (GSA) have no reserve lands (3.1.13(a)) Programs and services for Status Indians could be done by another governing body 9 Treaty 11, Indian Act & GCLCA Treaty 11 rights are upheld by the Gwichin Tribal Council as the representative body of the

Gwichin Nation, though Treaty Payments are still given out by Bands for simplicity Indian Act Bands are not necessary for maintaining Indian Act rights and entitlements received by status Indians Indian Act Bands are not necessary for upholding or protecting remaining Treaty 11 rights Indian Act Bands are not necessary for continuing federal policy-based or contract-based programs and services Transformation of Bands (and DGOs) into the new Self-Government governance structures would/should include detailed transition processes that ensure any remaining Treaty rights are not extinguished. Future claims would be brought by the Gwichin Government. 10

GCLCA (1992 present) GCLCA Indian Act GTC Tetlit Gwichin Band Tetlit Gwichin Council Inuvik Band

Nihtat Gwichin Council Gwichya Gwichin Band Gwichya Gwichin Council Aklavik Band

Ehdiitaht Gwichin Council 11 Self-Government (potential) Dinjii Zhuh Government Inuvik Community Government Aklavik

Community Government Tsiigehtchic Community Government Fort McPherson Community Government 12 GTC in Self-Government Negotiations Land Claim requires government to enter into self-government negotiations with

Gwichin (Chapter 5) Self-Government Framework Agreement in Land Claim Appendix B Under the 2007 Process and Schedule Agreement between Gwichin, Canada and NWT, GTC is the representative of the Gwichin Negotiations led by the Team Approach, which includes: GTC VP, one community representative from each community DGO, one chief; specialized staff/counsel Annual General Assembly has reaffirmed direction to move forward with Selfgovernment negotiations each year 13 Questions & Discussion 14

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