Whitecap Dakota First Nation Governance Framework Agreement ('FWA')

1. Definitions

1.1. In this Agreement, words and phrases with specific meanings have been identified in the text by the capitalization of the word or phrase.

1.2. In this Agreement:

• AIP: means Agreement-in-Principle.
• Authority: means any authority other than law making authority.
• Canada: means Her Majesty the Queen in right of Canada, and includes all departments of the Government of Canada.
• Final Agreement: means a self-government agreement that achieves the objectives referred to in section 2.1.
• Fiscal Year: means a one-year period commencing April 1 of one calendar year and ending March 31 of the subsequent calendar year.
• FWA: means this Governance Framework Agreement.
• Jurisdiction: means both the power and authority to make a law and also includes Authority.
• Party: means WDFN or Canada.
• Parties: means WDFN and Canada.
• Saskatchewan: means Her Majesty the Queen in right of Saskatchewan, and includes all departments of the Government of Saskatchewan.
• WDFN: Première Nation dakota de Whitecap.
• WDFN Law: means a law made by the government of WDFN under the Final Agreement.
• WDFN Reserve Lands: means those lands that are WDFN reserve lands within the meaning of the First Nation Land Management Act.

2. Objective of Negotiations

2.1. The objective of the negotiation is to set out the Jurisdictions of WDFN, within the framework of the Canadian Constitution, including the application of the Canadian Charter of Rights and Freedoms, the intergovernmental relationship with Canada and where applicable Saskatchewan, and identify elements to be included in WDFN's internal governance structures.

2.2. The Final Agreement based on the AIP will not constitute a Treaty within the meaning of Sections 25 and 35 of the Constitution Act, 1982, unless the Parties and Saskatchewan otherwise agree.

3. Purpose of this Agreement

3.1. The purpose of this FWA is to guide the conduct of negotiations among the Parties and set forth the substantive issues, process and timing to complete the AIP.

4. Negotiation Teams

4.1. Each Party will be represented in negotiations by its lead negotiator, acting pursuant to their respective mandate and authority, based on each Party's internal mandating process.

4.2. Any agreement negotiated pursuant to this process is subject to ratification by the Parties.

4.3. Prior to the approval of this FWA, each Party shall provide to the other Party written notice of the appointment of its lead negotiator.

4.4. Where a Party replaces its lead negotiator, it shall, within 60 days, provide to the other Party written notice of such replacement.

4.5. The lead negotiator of each Party may designate a person or persons to act in his or her place.

4.6. The size and composition of the negotiation team of each Party shall be determined by its lead negotiator.

4.7. Each Party affirms that they have the support of legal counsel in these self-government negotiations.

5. Self-Government Negotiation Process

5.1. The Parties acknowledge that they have their own policies to govern their approaches in future negotiations.

5.2. The Parties agree to negotiate in good faith and to use their best efforts to conclude an AIP, then a Final Agreement.

5.3. The Parties, through their lead negotiators, will be responsible for managing the negotiations process, including:

1. developing an annual work plan;
2. negotiating an AIP, a Final Agreement and related agreements;
3. establishing working groups, side tables and other processes as required;
4. maintaining and approving a record of decision for each negotiation session; and
5. joint communications activities.

5.4. Should either of the Parties wish to suspend or terminate AIP or Final Agreement negotiations, the Party must provide:

1. written notice to the other Party;
2. reasons for the suspension or termination; and
3. the date the suspension or termination commences.

5.5. The lead negotiators will signify their agreement on the draft AIP by initialling it and recommending it to the Parties for approval.

5.6. After the initialled AIP has been approved and signed by the Parties, the Parties will negotiate with the intention of concluding, on a timely basis, the Final Agreement and related agreements based on the AIP.

5.7. The AIP will set out a Final Agreement negotiation timeline, and a process for the approval and ratification of the Final Agreement.

6. Subjects of Negotiation

6.1. Subject to section 8.2, WDFN and Canada agree to negotiate and attempt to reach agreement on appropriate arrangements with respect to the following subject matters:

1. WDFN legal status and capacity;
2. structure and procedures of government;
3. WDFN membership;
4. WDFN culture and language;
5. WDFN Reserve Lands and lands management;
6. lands held in fee simple by WDFN;
7. public order and peace;
8. application of laws;
9. administration of WDFN justice including enforcement of WDFN Laws;
10. taxation;
11. fiscal relationship and financial arrangements between WDFN and Canada, consistent with the principles set out in Article 9;
12. resource management;
13. wildlife conservation (hunting and fishing);
14. water management;
15. environment;
16. economic development;
17. licensing, regulation, and operation of businesses;
18. liquor;
19. gaming;
20. agriculture;
21. public works, community infrastructure and local services;
22. landlord, tenant and occupancy;
23. local traffic and transportation;
24. education;
25. health services;
26. childcare;
27. social services;
28. wills and estates;
29. dispute resolution processes including, where appropriate, processes tailored to specific kinds of disputes (e.g. information sharing, fiscal matters);
30. ratification and approval of Final Agreement;
31. implementation, including preparation for self-government arrangements; and
32. any other matters agreed to by the Parties.

7. Potential Participation of Province of Saskatchewan in Future Negotiations

7.1. WDFN and Canada agree to ask Saskatchewan to participate in the AIP negotiations.

7.2. The AIP may be either:

1. subject to section 8.2, bilateral, between WDFN and Canada; or
2. tripartite, among WDFN, Canada, and Saskatchewan.

7.3. WDFN and Canada agree that the Final Agreement must be brought into effect in such a way as to make it valid and secure against the risk of a successful legal challenge.

7.4. If the Final Agreement is a trilateral agreement, WDFN and Canada agree that they shall seek to have it:

1. recognized, respected and brought into effect by WDFN, Canada, and Saskatchewan to the extent of their respective constitutional authority to do so; and
2. harmonized with both federal and provincial laws.

7.5. The Parties may consider an AIP that follows the model, used in certain other self-government negotiations, consisting of both a bilateral agreement and a trilateral agreement in which Saskatchewan would express its support for the arrangements agreed to by WDFN and Canada.

8. The Scope of Whitecap Dakota First Nation Jurisdiction

8.1. WDFN and Canada acknowledge that several of the subject matters for negotiation listed in section 6.1 may, in whole or in part, fall within or otherwise affect matters within the jurisdiction of Saskatchewan.

8.2. If Saskatchewan is not party to the AIP:

1. Canada is prepared to negotiate WDFN law making power only with respect to subject matters within exclusive federal jurisdiction;
2. The Parties shall discuss and jointly identify, to the extent possible in light of section 8.2 a), the subject matters to be negotiated in the Final Agreement; and
3. The Parties may consider other practical arrangements, provided that the support of Saskatchewan is obtained wherever it may be important to harmonize the operations of the three governments.

9. Fiscal Relationship and Financial Arrangements

9.1. The negotiation of an AIP and of a Final Agreement shall be premised upon the shared understandings set out in 9.2 to 9.8.

9.2. The government-to-government relationship between Canada and WDFN will include an ongoing fiscal relationship.

9.3. The funding for self-government arrangements will be a shared responsibility among the Parties to the Final Agreement.

9.4. Canada is developing a new national fiscal policy, including a transparent methodology for determining federal funding transfers that may be provided to self-governing Aboriginal groups in Canada in support of the delivery of agreed-upon programs and services, taking into account the ability of each self-governing Aboriginal group to generate revenues from its own sources.

9.5. WDFN will have an opportunity to provide Canada with its views, concerns, and proposals during the development of Canada's new national fiscal policy for self-government and comprehensive claims.

9.6. Once Canada's new national fiscal policy for self-government and comprehensive claims is adopted and implemented, WDFN will assess the impact of the new national fiscal policy against its interests and objectives in concluding a self-government agreement.

9.7. Pursuant to 9.4, federal transfers will be offset by WDFN's capacity to generate revenues from its own sources.

9.8. Pursuant to 9.4, the fiscal relationship and financial arrangements will take into account:

1. the need for reasonably stable, predictable and flexible funding arrangements;
2. the need for efficient and effective delivery of agreed-upon programs and services, which may include the development of cooperative arrangements with other First Nations, governments or service delivery agencies in order to achieve economies of scale; and
3. the principles of sound public administration.

10. Timetable

10.1. The Parties shall make best efforts to have an AIP initialed by their lead negotiators within five years of signing this FWA.

11. Confidentiality

11.1. The lead negotiators agree that the details of positions and documents exchanged or developed by the Parties shall be confidential. Disclosure of such details of positions and documents exchanged or developed by the Parties may be made by written consent of the lead negotiators or as required by law.

12. Funding for Negotiations

12.1. Funding to WDFN, to support their participation in these negotiations, is subject to Canada's funding policies and initiatives related to self-government negotiations and subject to yearly appropriations of funds by Parliament.

12.2. WDFN will remain eligible, on the same basis as other First Nations in Saskatchewan, for funding to support activities not being funded under Canada's self-government negotiations funding.

13. Amendments

13.1. This agreement may only be amended by mutual agreement of the Parties.

13.2. All amendments must be in writing and signed by both Parties.

14. Interpretation

14.1. Nothing in this agreement is to be interpreted as creating, recognizing or denying rights or obligations of the Parties.

14.2. This FWA is not legally binding.

14.3. FWA, AIP and Final Agreement negotiations and all related negotiation documents are without prejudice to the positions of the Parties in any legal proceedings or other forum and shall not be construed as admissions of fact or liability.

14.4. Nothing in this agreement, the AIP or the Final Agreement is intended to confirm, deny, expand or limit any existing Aboriginal or treaty rights of WDFN.

14.5. Nothing in this agreement, the AIP or the Final Agreement is intended to be used as an interpretive aid or be used or admitted in evidence in a court of law or other tribunal to determine such rights or jurisdiction or extent thereof.

15. Effective Date

15.1. This agreement comes into effect on the date of the last signature.

For Whitecap Dakota First Nation:

For the Government of Canada: