Jurisdictional Control and the Path Forward

Inherent jurisdiction is finding traction with numerous Indigenous governments

Maggie advices on Treaty and Aboriginal rights in litigation and negotiation, human rights of Indigenous people and in particular equality for First Nations children and Individuals in programs and services, in particular in the child welfare system. Maggie also advised in Indian Act matters, reserve land management, and First Nations governance. Maggie provides employment, labour and human rights advice in OKT's clients. Maggie has particular interest in working with her clients to develop and implement sound governance policies and practices which reflect their traditional laws, as a foundation of self-determining Nations.

Maggie graduated from the University of Toronto's combined LL.B/M.S.W. program and from McGill University ( B.A., Philosophy). Maggie is pas-President of the Board of Directors at Aboriginal Legal Services of Toronto. She was a commissioner at the Ontario Human Rights Commission from 2006-2015.

Maggie is a member of the Indigenous Bar Association, the Ontario bar the Newfoundland and Labrador bar.

Anishinabek Child Well-Being Law

Child Well-Being Law

The administration of the Anishinabek Child Well-Being Law has had many challenges since its creation in 2015. The Anishinabek Nation anticipated the challenges of implementing the law and appropriately embedded a coordinating body in the law to assist the communities with the implementation and administration of the law. Ms. Adrienne Pelletier is the Executive Director of Koganaawsawin, the coordinating body. Ms. Pelletier has been instrumental in the development and roll-out of the law. In her presentation, she will speak to administrative issues such a negotiating funding agreements, community standard, professional development training, frontline workers, and other related activities.

Nation Building and Law-Making Process

Focusing on the Indigenous nation reimagining and rebuilding their social order that aligns with Indigenous norms, aspirations and governance structures. Hereditary Chief Satsan ( Herb George ) will present his views on nation-building and his experiences with law-making process. The outcomes for individuals attending the presentation is a greater understanding of the fundamental conditions for Indigenous nation-building process. Satsan will share his lifelong effort to educate and promote nation-building and the efforts of Indigenous peoples to assert their inherent jurisdiction through law-making process.

Satsan is a Wet'suwet'en Hereditary Chief of the Frog Clan and has been a long-time speaker for the Wet'suwet'en Nations. Satsan was a key figure and strategist in the Delgamuukw-Gisday'wa case, which was the subject of a successful judgment before the Supreme Court of Canada in December 1997. Satsan was President of NCFNG ( National Centre of First Nations Governance), CFNG's predecessor organization, and is now a Senior Associate for the Centre for the First Nations Governance. He served two terms as Regional Chief, representing B.C. at the Assembly of First Nations, and one term on the Executive of the First Administration at the University of Victoria, and taught for several years in the University's Administration of Aboriginal Governments Program.

Jurisdictional Best Practices

In the United States of America, the Indian Child Welfare Act of 1978 (ICWA) recognizes the inherent jurisdiction of Indigenous nations to assert their jurisdiction over the child welfare of their citizens. The researchers associated with the Harvard Project have studied 107 tribal child welfare codes to determine how the tribal jurisdiction/ codes have evolved over the past 40 years. The presentation will be based on the finding of the Tribal Child Welfare Codes As Sovereignty in Action: A Guide for Tribal Leaders. Ms. Mariam Jorgeson will present the findings and offer her insight on the jurisdictional best practises amongst USA Indigenous nations.

Miriam is the Research Director for the Native Nation Institute at the University of Arizona and for its sister program, the Harvard Project on American Indian Economic Development. Her areas of specialty are Indigenous governance and economic development, which a [articular focus on the way communities' governance and economic development, with a particular focus on the way communities' governance arrangements and socio-cultural characteristics affect development. Her work- in the United States, Canada, and Australia- has been addressed issues as wide-ranging as welfare policy, policing and justice system, natural resources, cultural stewardship, land ownership, enterprise management, financial eduction and philanthropy.

She is the co-author of Structuring Sovereignty: Constitutions of Native Nations ( UCLA AIS Press, 2014) and The State of the Native Nations: Conditions under U.S. Policies of Self-Determination (Oxford University Press, 2008) ; editor and co-author of Rebuilding Native Nations: Strategies for Governance and Development ( University of Arizona Press, 2007)' and a member of editorial board of the International Indigenous Policy Journal.

Institution building process

A key consideration for Indigenous lawmakers is the implementation apparatus or administrative institution that is mandated to implement the law that is this case is an Indigenous child welfare agencies (ies). The Harvard Project estabished in 1987 by professors Stephen Cornell and Joseph P. Kalt has completed numerous studies on the governance and administration of Indigenous institutions producing a trove of research studies that give a deep insight into the successful institutions.

Self-Government Negotiation Processes

Self-government negotions is a multi-dimensional process that done right can ensure an instituion has the proper authorities and adequate financial resources to achieve its objectivies. For decades, the Crown governments have engages Indigenous nations in self-government negotiations that in some case has led to the ratification of a modern-day treaty. In other situations, the negotiations have led to sectional self-government agreements such as the Anishinabek Education Law. It is expected an Indigenous child welfare law will lead to sectoral self-government negotiations with the Crown governments. It therefore follows, Indigenous governments will have to prepare themselves to engage the Crown governments in self-government negotiations. Mr. Troy Jerome has led the efforts of the Mi'kmaq governments of Listuguj, Gesgapegiag, and Gespeg to negotiate a comprehensive self government agreement. He will present on his experiences engaging the Crown Governments.

Troy Jerome is a citizen of the Mi'kmaq Nation, residing at Listuguj, Quebec. Mr. Jerome began his career in 1989 serving the Mi'kmaq Nation in the Chiefs office with the Listuguj Mi'kmaq Government (LMG). He served as Director of Operations, LMG, from 1995 to 2004. From 2004 on Mr. Jerome began to monitor the development of the Wind Energy industry taking hold in Gespe'gewa'gi. Seeing a plan by the Quebec government to install over 40% of the 4,000 MW of wind energy project ($4.0 Billion in new investments) in the territory of his people, he sought to have Chiefs and Councils push to have the Quebec Assembly deal with the Mi'kmaq on the Nation-to-Nation basis over this monumental development plan. After discussions with Chiefs regarding natural resources, Title rights and Nation Building strategies; including a plan to achieve a major project wind energy for the Mi'kmaq, Mr. Jerome was asked to serve as Executive Director and Nutewistoq (speaker for the Gespe'gewa'gi Mi'kmaq) for the Mi'kmaq of Gespe'gewa'gi's political lobbying office, the Mi'gmawei Mawiomi Secrétariat (MMS). With the success of the strategy employed at the MMS, the Mikmaq achieved a twenty-year Power Purchase Agreement (PPA) for a 150 MW wind energy project. Having led the negotiations team and the development of the PPA, troy was asked to serve as Chairperson of the Mesgi'g Ugju's'n Wind Farm Corporation which is overseeing the development and construction of the $360 million project.

Troy also served his community of Listuguj as an elected memeber of Council. Elected to the Listuguj Mi'kmaq Council from 1999-2004, Mr. Jerome served to assist the Nation in its efforts to raise awareness of the Mi'kmaq rights to natural resources, the acknowledgement of Aboriginal and Treaty Rights and the Mi'kmaq right to self-determination. During his tenure on Council, Troy also served as a founding member of the Mi'gmawei Mawiomi from the inception from 2000 to June 2004