RESOLUTION NO. 1994-10-20
SUBJECT: TREATY PROCESS: AFFIRMATION AND IMPLEMENTATION OF TREATY RIGHTS AND SELF-GOVERNMENT
WHEREAS the Mushkegowuk Cree Nations have always been custodians of their land, water, resources and environment since time immemorial in their traditional territorial homelands now know as the James and Hudson Bay area of Northeastern Ontario;
WHEREAS we' the Mushkegowuk First Nations have:
the right to maintain our spiritual values, our language and our traditions;
-the right to self-government;
-the right to a decent standard of living;
-the right to be guardians of the land and its resources;
-the right to live on the land;
-the right to develop and harvest the land
the right to respect for the spirit and intent of the treaties and agreements which affect us; -the right to recognition of our laws within our rightful jurisdiction over certain laws of the Crown;
WHEREAS the Royal Proclamation of 1763, the subsequent signing of Treaty #9, between Mushkegowuk Cree Nations, Ontario and Canada, and the Constitution Act 1867, section 91(24) and the Constitution Act 1982, section 35 have clearly established the special Aboriginal status of the said Mushkegowuk Cree
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Nations of this country which is now known as Canada;
WHEREAS the subsequent Laws of Canada have been purportedly established in the Canadian Confederation since 1867 and have in effect undermined the inherent Aboriginal and Treaty Rights of Mushkegowuk Cree Nations;
WHEREAS the Mushkegowuk Cree Nations demand that their Treaty #9 signed with Ontario and Canada in 1905 be fulfilled according to the intent and spirit as understood by our ancestors and as we understand our treaty today in terms of each signatory carrying out their respective fiduciary an treaty responsibilities;
WHEREAS the Mushkegowuk Cree Nations take the position that they must establish their own community-based self-government institutions and their Treaty #9 promises must also be recognized and implemented within Canada and Ontario as we understood pursuant to Treaty commitments, today;
WHEREAS Treaty #9 signed between the ancestors of Mushkegowuk Council members, Canada, and Ontario is one of the significant documents that provides a basis for a government to government relationship for Mushkegowuk Council members;
WHEREAS the existing organizational structure of Mushkegowuk Council may limit our administrative and program management support services roles if our jurisdiction is not recognized and therefore may not adequately enhance our political negotiations related to Treaty #9 promises and to implementation of our Treaty and inherent right of self-government;
WHEREAS the time has come for Mushkegowuk Council members to politically advance our inherent right of self-government and our Treaty #9 promises as a foundational base for our government to government relationships with Canada and Ontario;
THEREFORE BE IT RESOLVED that the following directions and mandate be implemented by the Mushkegowuk Council members:
a high priority component be added within the Mushkegowuk Council structure to deal with the Treaty process and self government implementation initiatives;
Membership eriteria of Mushkegowuk Council be changed and restricted to member communities or groups belonging to Treaty #9;
the existing form of Mushkegowuk Council be restructured under:
administrative and program management support services, and
Treaty #9 promises and inherent aboriginal right of self-government implementation.
a strategic plan be immediately prepared for political negotiations with Canada and Ontario on Treaty #9 on self-government, implementation, with the input and participation of the member communities of Mushkegowuk Council. This strategic plan is to be completed by March 31, 1995;
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Certified copy of a Resolution adopted on October 27, 1994
. this strategic plan shall define, develop preliminary positions on a range of community-based self-government matters including governing constitutions, citizenship laws, Aboriginal laws, peace keeper roles, Aboriginal courts, government to government relationships (protocol), jurisdiction, financing of self-government, social and economic development programs, community and infrastructure support programs, housing, health services and other areas of governance according to the wishes and priorities of each member of Mushkegowuk Council;
. Appropriate resolutions be adopted to make the corporate changes in the existing Mushkegowuk council By-laws and Constitution accordingly to facilitate the reorganization process and direction of Mushkegowuk Council ref erred to above.
AND BE IT FURTHER RESOLVED that the tasks associated with this resolution be reported on at the next Mushkegowuk general assembly for final approval of the proposed treaty process and self-government initiatives referred to in this resolution.
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