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Kluane First Nation 2018 Annual General Assembly July 14 and 15, 2018 Duke Meadow, Burwash Landing, Yukon Summary Minutes Attendance........................................................... 2 Day 1 – Saturday, July 14, 2018......................................3 1. Chair’s Opening Remarks.........................................3 2. Review and Approve Agenda.......................................3 3. Rules of Order.................................................. 4 4. Review and Accept the 2017 KFN general assembly Minutes.........4 5. Council Update, Chief Bob Dickson...............................5 6. 2017 Resolutions Update.........................................8 7. Resolutions received by July 6, 2018............................9 8. Constitution Resolutions........................................9 9. Honorary Citizens.............................................. 12 10. Land Titles Act Registry Update...............................16 11. Community Land Use Plan Regulations...........................23 12. Forestry Management Plan Update...............................28 13. Year of the Youth.............................................33 14. Honorary Citizen Nomination...................................36 15. 2017 KFN General Assembly Minutes.............................37 Day 2 – Sunday July 15, 2018........................................39 16. 2018 KFN Audit Presentation...................................39 17. Resolutions...................................................43 18. Closing Remarks/Adjournment...................................51 2018 Motions and Resolutions.......................................52 Kluane First Nation Annual General Assembly 2018 “…in a spirit of gentleness and cooperation” Page 1 of 85

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Page 1: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Kluane First Nation2018 Annual General Assembly

July 14 and 15, 2018Duke Meadow, Burwash Landing, Yukon

Summary Minutes

Attendance..................................................................................................................................................2

Day 1 – Saturday, July 14, 2018...................................................................................................................3

1. Chair’s Opening Remarks.................................................................................................................3

2. Review and Approve Agenda...........................................................................................................3

3. Rules of Order..................................................................................................................................4

4. Review and Accept the 2017 KFN general assembly Minutes.........................................................4

5. Council Update, Chief Bob Dickson..................................................................................................5

6. 2017 Resolutions Update.................................................................................................................8

7. Resolutions received by July 6, 2018...............................................................................................9

8. Constitution Resolutions..................................................................................................................9

9. Honorary Citizens..........................................................................................................................12

10. Land Titles Act Registry Update.................................................................................................16

11. Community Land Use Plan Regulations.....................................................................................23

12. Forestry Management Plan Update...........................................................................................28

13. Year of the Youth.......................................................................................................................33

14. Honorary Citizen Nomination....................................................................................................36

15. 2017 KFN General Assembly Minutes........................................................................................37

Day 2 – Sunday July 15, 2018.....................................................................................................................39

16. 2018 KFN Audit Presentation.....................................................................................................39

17. Resolutions................................................................................................................................43

18. Closing Remarks/Adjournment..................................................................................................51

2018 Motions and Resolutions..............................................................................................................52

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 1 of 62

Page 2: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Attendance

Chief and CouncilChief Bob DicksonDeputy Chief Christabelle CarlickCouncillor at Large Monique Martin

CitizensAgnes JohnsonAlanna DicksonAlyce JohnsonAmber AlthouseBecky MillerBertha DorisCecile DicksonDennis DicksonErnie MartinGeorge JohnsonGloria JohnsonGrace SouthwickHughie KabanakJanessa TlenJanice DicksonKathleen JohnsonKatie JohnsonKelsey KabanakKluane MartinLena JohnsonLouise BouvierMargaret (Grace) JohnsonMarissa MillsMary EastersonMary Jane JohnsonMathieya AlatiniMichael JohnsonPascale DuboisPeter JohnsonRichard JohnsonRobin BradaschRobin ChambersRussell DicksonSharon KabanakTosh Southwick

Honorary CitizensJoseph BruneauSandy Johnson

KFN StaffAdam HicksAdam HumphreyBrock Lewis Cortland FlumerfeltGeraldine PopeKate Van BallegooyenLisa BadenhorstMaryAnne CarrollNina DicksonRhianna Skookum

General Assembly StaffTimothy Cant, ChairLucy-Anne Kay, Minutes

Guests and ObserversBrenda CarsonChristina Guillemelle (YESAB)Colin Asselstine (KCDD)Heather White (Nickel Creek)Jason HundrupJoe Jack (YLUPC)Karen Marlin (CRA?)Kelly Wroot (KCDC)Mary Jane Jim-CantMatthew Hawkins (CRA?)Nichole Williams (?)Ron Cruikshank (YLUPC)Saverio Desantis (CRA?)Steve Kramer (Nickel Creek)Travis Bryson (auditor)

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 2 of 62

Page 3: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Day 1 – Saturday, July 14, 2018

The meeting was called to order at 9:20 a.m. An opening prayer was said by Sharon Kabanak.

1. Chair’s Opening Remarks

TIM CANT said welcome everyone. Once again, it’s a privilege and an honour to be working for you; looking forward to a fruitful next two days. We’ve got a lot on the agenda that we are wanting to process throughout the general assembly. Hoping that we have good positive input from as many as we can. It’s you the membership that provides the direction to leadership. I think things are going to go well. So, I’d like to go through a couple of items one is the agenda for today we want to adopt the agenda and move the rules of order. I’ll read through the agenda and will open it up if there are any changes that people would like to see.

2. Review and Approve Agenda

TIM CANT read the KFN 2018 General Assembly Agenda out loud. He said is there any additions or deletions people have for this agenda as presented this morning. The chair recognizes Mary Easterson.

MARY EASTERSON said I want to add - I don’t know if it’s going to be covered anywhere but I wanted to add the administration of justice. I don’t know if it’s going to be covered by Lisa or the wellness program but there is a gap in KFN’s delivery of services.

TIM CANT said thanks Mary, duly noted. Any other comments for the agenda as read? The chair recognizes Kluane Martin.

KLUANE MARTIN said I would like to have some rules and regulations set up for our honorary citizens. There have been questions for a long time and I would like to see this done as soon as possible because we have two honorary citizens who are very valued citizens. I would like to see them receive a few more gratuities from KFN, thank you.

TIM CANT said thanks Kluane I will add that with constitution. We’ll address it - I have it documented.

KLUANE MARTIN said I have another request. I would like to have the accounts payable ledger brought forward to citizens. It’s an obligation on the part of KFN to present this to the citizens. You can’t say it’s a big secret. It’s an obligation on page 31 of the Constitution, section 22 section 1. If you can present that to the citizens by tomorrow that would be very nice. So, we can see what’s going on. It’s an obligation.

TIM CANT said we recognize that and tomorrow morning you have the 2018 KFN audit and you will clearly go through the financials.

CHIEF BOB DICKSON said we have the audit tomorrow. I’m not sure what you are looking for. Do you have things here that you want to clear up?

KLUANE MARTIN said you’ve got to have the audit; you are obligated to give it to us.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 3 of 62

Page 4: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

CHIEF BOB DICKSON said Kluane, we have the audit every year. We are not hiding anything from you.

TIM CANT said all right we are going to address that. Any other comments? Sharon? Can you speak into the mic please, Sharon? It’s being recorded and we want to hear you. It’s difficult.

SHARON KABANAK said I finished my master apprenticeship. First nation languages through Simon Fraser University and I have to go get my proficiency in University so I’m wondering if at the end of the day I get a sweatshirt too?

TIM CANT said thanks for the addition to the agenda Sharon. Any other items we want to add to the agenda? Alyce?

ALYCE JOHNSON said I see that it is the year of the youth are we going to be hearing about that?

CANT said sure we can do that. After the forestry management will at that. Okay any other points?

The following motion came forward:

Motion 1 To accept the Kluane First Nation 2018 Annual General Assembly Agenda as amended. Moved by Mary EastersonSeconded by Alyce JohnsonPassed by Consensus

3. Rules of Order

TIM CANT read the General Assembly Rules of Order out loud.

The following motion came forward:

Motion 2 To accept the General Assembly Rules of Order as presented.Moved by Grace SouthwickSeconded by Sharon KabanakPassed by Consensus

4. Review and Accept the 2017 KFN general assembly Minutes

TIM CANT said we are not going to read out the minutes just the action items and resolutions. Becky did you have someone? We don’t usually read page to page. Has anyone had a chance to read the minutes from the last general assembly? You don’t usually read page to page. Does anyone have any points that they feel should be changed? Tosh?

TOSH SOUTHWICK said some of us just got the book. Perhaps we can take that reading on this evening and past the minutes tomorrow? TIM CANT said yes. I would recommend that. The suggestion has been made to allow people the time to read the minutes today and tomorrow. We can address this tomorrow morning if that’s all right with the

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 4 of 62

Page 5: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

general assembly. Therefore, everyone has time to read on their own. Is there any opposition to moving this agenda item?

MARY EASTERSON said if you are going to table it I think we should do it at the end of the day. Because we already have a full agenda and the audit is tomorrow morning and that’s really difficult.

TIM CANT said Okay. Is that okay with you Tosh? Okay that sounds good. We are moving the item “review of the 2017 general assembly minutes” from now until the end of the day. It will be moved to after the year of the youth. This is to allow people time to read the minutes. Is there any opposition to that? Okay. I see no opposition.

Item tabled to the end of the day.

5. Council Update, Chief Bob Dickson

CHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty busy going to AFN meetings, CYFN meetings, Southern Tutchone Tribal Council meetings and meeting with YTG on various issues. The school, overlap issues. We meet with federal government to try to solve a lot of these issues. There are issues out there that need they take a lot of time with these governments in the five-year mandates some times. It’s time-consuming. It takes a lot of time to move things forward. The Southern Tutchone Tribal Council - last year we held our meeting here and this year they had and meeting at Helen’s Fish Camp. Steve Smith, Chief of Champagne Aishihik, is the tribal Chief of the tribal Council. We are changing the mandate to be more a cultural focus and not so much on governance. That’s what we’re looking at and I think it’s a good idea to take the southern to Sony tribal Council’s focus away from trying to be a government. Putting it more into teaching our traditional values and traditional ways. The assembly of first Nations held its forum in Whitehorse last week. I attended that. I asked the question ‘how do the candidates see the north?’ - most of their policies reflect south of 60. Over the last number of years, I’ve heard from a lot of the Chiefs in the Yukon that AFN does not represent the Yukon. They have access to the ministers they have access to the prime minister so they have to do something for our benefit it’s just how do we do it? And how do we get the support from Yukon First Nations to also do that? It’s an issue. It’s been going on for a number of years. AFN had an election in Mayo for the AFN regional Chief. Kluane Adamek was the only one who submitted her candidacy. She was appointed to that role by acclamation. That’s a huge success for Kluane First Nation to have someone at that level. We’ve attended Yukon forum meetings and we are working with YTG on issues. We want to get more local work. We’re working on the education system. We are trying to change the system that’s been operated by the government for over hundred years and were trying to change it to be more culturally sensitive and have more of our own people in the schools. People like Mary and Alyce. People who have been involved in the old Keetsa Dun Ku school. We will continue to fight for it. It’s been over 100 years when we started this process. We want parents in the school; we want Elders in the school, and we want to teach the language. We continue to work with Parks Canada on adventures in the park. There is another trip to the park in August, the first week of August. I think many people should attend and get an idea of what’s out there. What they are looking at and how we can benefit from this adventure. I do get a huge opportunity to capitalize on tourism. There are policies that can be changed and I think that’s what they are working through right now. Zoning policy. I went down to Reno in January and we had the sheep auction. This year we will sold the auction $105,000 American - so that is another positive for us. We take that money and put it into the trapper’s incentive. We try and use it for moose counts,

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 5 of 62

Page 6: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

preservation of animals. The trappers go out there and they trap all of the lynx, wolverine, wolves - animals that have an effect on the sheep. We are trying to help our moose population by doing it that way. We attended several mineral roundups in Vancouver. We are trying to get this mining MOU passed. We are getting our law enforcement - we are trying to work with Kwanlin Dun they have a safety officer program and we are trying to get that here. The RCMP moved some resources from Faro to Haines Junction so we will have more coverage in this area. David Dickson one outfitter of the year award. The guy who bought the sheep this year bought it five years ago so that’s positive. These guys who are buying it are enjoying the experience and they’re coming back to spend more money. Yukon River panel-we went to Alaska and we talked about the salmon situation. Kluane River dried up and there caused huge issues on salmon patch. I did a confessional testimonial to the panel into the Alaskans. I said if you guys continue to harvest salmon at the rate you are doing there will be no salmon coming to the headwaters. They won’t come back. I talked to the Tanana Chiefs conference and we agreed that we would work together - all First Nations along the Yukon River. We want to get together and talk about the salmon issue. We worked on our strategic plan and be completed that over the winter. We are looking at moving forward with that. With that if there are any questions I will answer them.

TIM CANT said is there any questions for Chief Bob Dickson? Tosh Southwick.

TOSH SOUTHWICK said I have a few questions but first I wanted to think Chief and Council for all the work in the past year. I know leadership positions are tough and you guys have a number of difficult files. I’m not sure where our Elder Councillor is. But I want to thank you for all that you do for us.

CHIEF BOB DICKSON said maybe before we get too far all just clear up a couple of things. Our Elder Councillor Keith Johnson is not here, he’s is in Whitehorse and he is sick and can’t make it. It’s not that he’s avoiding the meeting it’s that he has a medical issue that’s been going on for a couple of weeks now. And our youth counsellor has resigned last week so we will be going through the process of starting a by election. That’s in the works. Sorry for that.

TOSH SOUTHWICK said I’m really sad to hear that that our Youth Counsellor resigned - I know that she’s amazing. I wish our Elders Councillor or a speedy recovery. I have a question on the nursing station and Destruction Bay. I understand that there are conversations about replacing that building. We were championing for that be ending for that to be moved to Burwash. I have a question about housing. There are a number of citizen myself included who want to start building a house on their land selection. In preparation for this general assembly I went back and looked at other minutes and it’s been seven years that we’ve been working on policy for rentals homeownership and all those things. I’d like to know what this Council has been done on that file and the vision. I’d like to hear your answers to those two questions and then I’ve got a few more on education.

BOB DICKSON said we continue to meet with YTG on the relocation of the nursing station to Burwash Landing. For the housing, we are working on the lands registry system. I think there’s a report at the end of the day today. This all has an effect on housing. There is a whole issue. Once we get clarification on the land registry system, I think we are getting close. Adam is going to report on that today. I think we are moving forward now. We spent a lot of time looking at different models to find one that is satisfactory for most Yukon first Nations. Rental – we were working on the policy. It’s stalled but we will pick it up again. Our executive director resigned in April and in the meantime, we’ve been looking at different models. One is we stick to the same model having an executive director. Or we go to an

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 6 of 62

Page 7: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

executive management committee made up of senior directors plus administration support. We will go through the pros and cons and consider this in September.

TIM CANT said any more questions, Tosh?

TOSH SOUTHWICK said I have a couple more but I want to see if anyone else (has questions).

TIM CANT said Mary Easterson.

MARY EASTERSON said I have a question regarding Council. You have a lot of focus here - six focus highlighted regarding your priorities for the year. Given that you only have three years I want to know what you are doing in terms of focusing on – some things – I think economic development should be part of the corporation. Can you try to narrow it down? So that we do accomplish something. We are accomplishing something some especially for the youth. I notice Champagne Aishihik First Nations – they only have three objectives which they pursue – so maybe we should look at narrowing it down because he only have one year to complete your role as Council. The other question I have is– I want to know why no one is attending the AFN meeting in Vancouver next week? If you attended the meetings all year round, why aren’t you attending this one where they are having an election? I’m really sad to hear our youth Councillor resigned. I know that she is really busy and we really need to focus on the youth. We are not focusing on the youth as much as we should be. I know last year we missed a whole bunch of meetings in Haines Junction. They had a youth conference and we didn’t even send anyone there. My feeling is we really need to step up in terms of doing something for our youth. I ‘m glad that we have five people graduating. That’s good to see.

TIM CANT said thank you Mary. Any other comments? Okay Tosh.

TOSH SOUTHWICK said I’m wondering Bob, if you can talk about Council’s approach to White River? Our strategy, how things have evolved. I continue to see division happening with the way Yukon Government is approaching White River’s rights and benefits and our rights and benefits. We had some resolutions that were pretty clear cut from a few years ago and I don’t know where were at with that.

CHIEF DICKSON said if you want to talk White River can we do that tomorrow? In camera, tomorrow?

TOSH SOUTHWICK said lastly you mentioned in your update about working with Yukon Government on the school in Burwash. I wanted to say Chief Bob into the Gen. assembly that I had the honour of hearing you speak at the last four or five meetings and I’m really proud that our Chief is the chair of the Chief’s committee on education. You take those issues directly to leadership and AFN meetings. I want to thank you to your commitment to education because this will be the thing that really transforms us. When it comes to the school in Burwash - I am wondering if there is a role that citizens can play in how that functional plan is created. How citizens can play a role in the vision of that school. We’ve got a lot of expertise around the table. We’ve got Alyce, we got married. I would like to participate in that capacity. I would like to recommend that to Council.

CHIEF DICKSON said currently we are setting up a working group to work on the functional plan with Yukon Government. It’s open to citizens if they want to sit on it and have some input. We are happy to have expertise from our community and from those who want to help us. I just wanted to respond to Mary. One of the reasons we chose not to attend AFN meetings this year was because of the expense.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 7 of 62

Page 8: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

It’s over $800 a night for a room and we just figured that we would’ve attend these meetings locally and send a proxy down.

MARY EASTERSON said I am down there; I had planned to attend on my own.

CHIEF BOB DICKSON said we can check into that. I’m not sure if you have to be a Chief. I know even the Grand Chief of CYFN can’t vote because there is a process.

TIM CANT said is that okay? Okay. Tosh did you have something else?

TOSH SOUTHWICK said no I just wanted to say that it would be great if citizens can be involved on that committee. Can someone send out an email to find out that information? That would be good.

TIM CANT said thank you for that very short input that you had Tosh is there anyone else that has any comments, questions for the Chief? Alright. At this time, I want to close the Chiefs report - and I see no opposition to that. On your agenda you have a break. Since we are moving ahead quite quickly, believe it or not, if people want to grab a glass of water we will have our break and we will move on with the agenda items. I also want to encourage citizens to check out the tables around the tent - there is a lot of information here.

Break

6. 2017 Resolutions Update

LISA BADENHURST said just before I get started I wanted to do a little plug for the governance table. We are doing a quiz for people who are interested in winning some Canadian Tire cards. Also, we have a sign-up sheet for the elections committee for those who are interested in being nominated to the elections committee we appreciate you signing up. We also have a sign-up sheet for Chief returning officer and assistant returning officer so if people are interested in that job if they wanted to provide us with their name and contact information we appreciate it. We also have a consent form. One is for email communications. KFN does a lot of mailing out of information and some people prefer to be email and some people preferable. We have a consent form where you consent to receive information by email so we can send it to you. The second consent form is around privacy of information and how we ensure the privacy of your information. You are consenting to allow us to share it for programs and services. As far as the 2017 resolutions, there are 3 resolutions that were passed. One was on the Constitutional amendment process one was on the discipline and removal of Council members and the final one was on citizen consultation in policy development. Lisa read out the 2017 general assembly Resolutions and Updates.

TIM CANT said any questions for Lisa? Sharon. Can you speak into the mic please?

SHARON KABANAK said when you put abbreviations, can you put the term of what it’s referring to? Some people don’t know acronyms.

TIM CANT said is there an example you can share with us?

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 8 of 62

Page 9: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

SHARON KABANAK said Administration of Justice Agreement negotiations – I don’t know what Administration of Justice Agreement is. Page 21. Stuff like that.

LISA BADENHURST said are you looking at the governance report?

SHARON KABANAK said yeah.

LISA BADENHURST said I agree with you totally. I’m sorry I’m normally really cognizant that the spellings of acronyms are written out. So, administration of justice.

TIM CANT said thanks Sharon those changes will be made. Any other questions for Lisa? Okay I see none. Well thank you very much Lisa.

7. Resolutions received by July 6, 2018

TIM CANT said the next item is the resolutions received by July 6, 2018 the resolutions committee - who is on the resolutions committee that will be coming forward to speak on this? I’d like to call to the mic Robin Bradasch.2018 Resolutions were distributed to general assembly delegates.

8. Constitution Resolutions

ROBIN BRADASCH said we have three constitution amendments this year that need to be read into the record. We have several other resolutions as well that we have handed over to you.We are sticking to the resolution process this year there was a deadline on July 6. We received 12 in total. In your package following the 2017 resolutions there is one called administrative changes. Resolution 2018 – 1. That’s the first one. As you will recall last year we made changes to the way the Constitution committee or the Constitution can be amended. We are now in the five-year cycle. This year we are in an off-cycle year so only amendments that have been deemed necessary and have been approved by Chief and Council prior to the Gen. assembly for approval. Next year the review will be called and all potential constitutional amendments will come forward. So, these particular ones I’ll just read out. Most of them are just tidying up and administrative changes. Robin read KFN Resolution #2018-01, “Administrative Changes”

RESOLUTION: 2018-01, ADMINISTRATION CHANGES

WHEREAS:

A) The KFN Constitution does not clearly state which legislative bodies have the authority to amend legislation;B) Notice for constitutional amendments proposed by Council in article 18.5 of the KFN Constitution should match the notice for a General Assembly in Article 7.6;C) The Constitution Committee recommends that there be an odd number of Citizens appointed to the Committee; andD) The authority to amend the Uk’à Dàts’älay (Rules for the People) Act is also not clear in the Act.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 9 of 62

Page 10: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

THEREFORE, BE IT RESOLVED THAT:

1. The KFN General Assembly adopts the following amendments to the KFN Constitution and the Uk’à Dàts’älay (Rules for the People) Act as set out in the adopted column below:

Amendment # VoteConstitution For Against Total Percentage Adopted

1234

Uk’à Dàts’älay567

Moved by Grace SouthwickSeconded by Marissa Mills

ROBIN BRASASCH said so this just needed to be read into the minutes. So, we need a mover and a seconder.

TIM CANT said do we have a mover for this reading of the resolution that Robin just read? This is resolution number 2018 – 01 constitutional administrative changes. Do we have a mover? Grace Southwick has moved it. Do we have a seconder? Marissa Mills as the seconder. It’s opened up for any questions or comments. Okay as we said earlier, what was mentioned earlier by Robin is that when we do a change like this it’s read into the minutes of the Gen. assembly one day and then tomorrow we will address it and vote on it, okay? Okay Robin can you read the second one?

ROBIN BRADASCH read KFN Resolution #2018-02, “Council Election Term”

RESOLUTION: 2018-02, COUNCIL ELECTION TERM

WHEREAS:

A. The Council feels the 3-year term is too short and a 4-year term would enable Council to be more effective; andB. Council would like to change the election term in time to be effective for the next elected Council.

THEREFORE, BE IT RESOLVED THAT:

1. The KFN General Assembly amend the KFN Constitution as follows:

[Current] 8.10 All members of the Council shall serve a term of three years

[New] 8.10 All members of the Council shall serve a term of four years

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 10 of 62

Page 11: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Moved by Christabelle CarlickSeconded by Marissa Mills

TIM CANT said do we have a mover? This is for resolution 2018 – 02 in your book. I need a mover. Christabelle Carlick has moved it. Do we have a seconder? Marissa Mills seconded. This is opened up for any discussion. The point of discussion today is we make amendments if need be - to the resolution. Then tomorrow we can vote on it. Okay? Mary Easterson.

MARY EASTERSON said I’m going to suggest that tomorrow when we are voting on this that it be done by secret ballot.

TIM CANT said duly noted, Mary, thank you. Any other comments? Elder Kluane.

KLUANE MARTIN said I’m basically against this. I think that we had went from two years to three years the last time Mr. Dickson was Chief. I think that three years is sufficient. We either totally love our Councillors and Chief or we totally hate him. I think that three years is enough for any citizen that is wanting to be Chief or Councillors. I think sometimes terms are overextended for some Councils. I’m totally against it. Three years is sufficient.

TIM CANT said thank you Kluane. Duly noted. Any other comments? Okay I see no more comments we will move on to the third resolution.

ROBIN BRADASCH read KFN Resolution #2018-03, “Grounds for Removal of Council Members”

RESOLUTION: 2018-03, GROUNDS FOR REMOVAL OF COUNCIL MEMBERS

WHEREAS:

A. Article 14.1 of the KFN Constitution establishes mandatory grounds for removal from office and article 14.2 establishes discretionary grounds for removal; andB. A mandatory removal of a Chief or a Council member should be based on what Kluane First Nation considers serious offences that could undermine the public confidence of the office and First Nation government.

THEREFORE, BE IT RESOLVED THAT:

1. The General Assembly amend the constitution as follows:[Current] 14.1 A Chief or Councillor shall be removed from office if he or she:

(a) fails to attend three meetings without just cause; or(b) is convicted of mismanagement of money or theft of Kluane First Nation

monies.

14.2 A Chief or Councillor may be removed from office if he or she:(a) is convicted of a serious criminal offence during his or her term of office; or(b) is seen as unfit […].

[New] 14.1 A Chief or Councillor may be removed from office if he or she:

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 11 of 62

Page 12: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

(a) is convicted of a serious criminal offence during his or her term of office; or(b) is convicted of mismanagement of money or theft of Kluane First Nation

monies.14.2 A Chief or Councillor shall be removed from office if he or she:(a) fails to attend three meetings without just cause; or(b) is seen as unfit […].

Moved by Tosh SouthwickSeconded by Mary Easterson

TIM CANT said thank you Robin; we are looking for a mover and a seconder for this resolution. Resolution 2018 – 03. Do we have a mover and a seconder? Tosh Southwick is the mover. Do we have a seconder? Mary Easterson is the seconder. Thank you. Any discussion on this resolution? Tosh.

TOSH SOUTHWICK said my question is 14.2(b) is seen as unfit. Who decides what is unfit? Is it not better to reference our code? I could say my mother is unfit because she didn’t support my resolution or something.

ROBIN BRADASCH said this is why I prefaced this earlier. There is a fair amount of work that needs to be done. We are tracking a series of language from the elections act. There is work that needs to be done and we are planning on doing that work in the next year.

TOSH SOUTHWICK said in the meantime can we at least reference the code or something that gives some context to what unfit is?

ROBIN BRADASCH said yeah. It goes on. They seem to be unfit to hold office according to any of the one of the following. Alcohol and/or drug problems that are affecting their duties, misrepresenting citizens, misusing the position for personal or family benefit.

TOSH SOUTHWICK said okay.

TIM CANT said that suffices? Thank you, Tosh. Any other comments on this resolution as read by Robin Bradasch? I see none so we will bring this section of the agenda to a close. Sorry, go ahead Kluane.

KLUANE MARTIN said I think you should define this with more definitive qualifications. This has come up previously and we need to define what you mean by unfit.

ROBIN BRADASCH said Tosh just raised that and the way it is with those three little dots is just saying that it will stay the way it is and right now what the act actually says.

TIM CANT said is that okay Kluane?

KLUANE MARTIN said okay I see it in the book. Thank you.

TIM CANT said any other comments, questions to this agenda item? Okay, tomorrow we will be going forward on these three resolutions and the other resolutions.

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9. Honorary Citizens

TIM CANT said we did add in here, honorary citizens. This is for discussion purposes. We just completed the constitution resolutions by the Constitution committee then what happened this morning when we went through the agenda we added a couple of items. One was the honorary citizens. I think we should have a discussion on that. Kluane, you raised that as a point that you wanted to have discussed at this general assembly.

KLUANE MARTIN said I would like to see our honorary citizens get paid for meetings and things when they attend them. They are an addition to the community and they certainly are worth their weight in gold. As far as I’m concerned, as a citizen. I think that they are not being honoured appropriately and I would like to see them get paid for attending meetings and doing things like that. They are an addition to this community.

TIM CANT said go ahead.

CHRISTABELLE CARLICK said is Robin around? She would know where we would have to change that because some policies have to be changed.

TIM CANT said while we are waiting for Robin is there anyone else that has any comments on this item? In your Constitution, you have a section, page 26 of your Constitution.

LISA BADENHORST said so page 26 talks about how you become an honorary citizen. If you go to page 6 of the Constitution 5.11 lays out the rights of an honorary citizen. So, an honorary citizen has the following rights. Lisa read out KFN Constitution Section 10.0. Lisa said my interpretation of this would be that Council can pay honorariums to honorary citizens who attend meetings.

TIM CANT said so you don’t need a change, a constitutional change. It’s already in there.

KLUANE MARTIN said I know that, but the thing is it seems like there is always a toss-up of whether they should be paid or shouldn’t be paid. We decide today will pay them and then tomorrow we won’t. I’d like to see it as a requirement or something like that so they know as well as we do what they have an entitlement to.

TIM CANT said thinks Kluane it is duly noted on the records of the general assembly. And as you mentioned earlier the general assembly does provide direction to the Chief and Council. If that’s a strong direction that you have given your Chief and Council then that’s what they will probably follow.

ALYCE JOHNSON said I have two comments. Or one question and one comment. How many honorary citizens to be have? Two?

TIM CANT said so it’s roughly two or three. We won’t debate the exact number. What is your point Alyce?

ALYCE JOHNSON said I’m just thinking about cost projection into the future for honorary citizens and honorary Elders who are members. What that’s going to look like. A recommendation would be to conduct a survey of KFN citizens or do a poll - do an online poll or Survey Monkey - to determine where

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the KFN citizens who are 18 and over - what is their position or do they vote for it yes or no. As opposed to just a smaller body of KFN citizens.

TIM CANT said the suggestion is, one is to take a look at the number of honorary citizens and reflect that on what the costs would look like. Also, to push forward possibly with a survey and a suggestion was a survey monkey. Just for people who aren’t familiar with that term it’s a program essentially an electronic survey and you can post it on the website of Kluane First Nation, and anyone with access to a computer can go to the website and answer the questions. To my knowledge it has been the process and other first Nations forgetting a tremendous amount of information answered. That’s the suggestion that has been made by Alyce. Any other comments on this item? Tosh.

TOSH SOUTHWICK said I would just like clarity on the policy for our honorary citizens that are Elders. Because there are citizens here that don’t get paid to attend general assembly’s. I’m not necessarily in support of another survey. I think it’s Council’s privy to make those decisions.

TIM CANT said okay these aren’t suggestions that are coming forward.

GRACE SOUTHWICK said I agree with the survey; I think we need to talk to people. Today we have two or three citizens that are honorary, tomorrow we could have for, next year we could have six. We really can’t say where this is going. In 20 or 30 years we could have a whole whack of honorary citizens. What benefits do they get? Most of us don’t know. Unless we are related to the honorary citizen in a close relationship. A lot in the Constitution says the policy can be amended to allow the honorary citizens to have the benefits of the program. To this date we don’t know what benefits they get right now. Policies get changed all the time and it doesn’t go public when a policy has been amended. We just don’t know about it. I’d like to know right now what honorary citizens are entitled to financially and going forward what they would be entitled to. There has to be a limit here. Someday we could have 20, 30 Elders, honorary Elders and it’s going to cost us a lot of money. I think we should really look into this. I don’t disagree with paying them for the Elders’ Council, but I want to know what the whole cost will be with all of the policies that KFN has that the honorary citizens can benefit from.

TIM CANT said thinks Grace. The Chief will just answer Grace’s comments.

CHIEF DICKSON said currently we don’t pay our honorary citizens to attend any meetings.

GRACE SOUTHWICK said do they not get fuel benefits? What do they get? Right now.

CHRISTABELLE CARLICK said one honorary citizen does receive benefits through the Elders’ fuel program. Not consistently, but inconsistently, I don’t know if it’s the same Elder but an Elder gets paid when they attend Elders Council meetings.

GRACE SOUTHWICK said but there are other policies. The bereavement policy if someone passes away, fuel and stuff like that. $2000. Is the honorary citizen getting that now?

CHRISTABELLE CARLICK said we just passed the $2000 I Council this year and they haven’t had any deaths in the family. In the last two years that I have been seeing accounts payable they have not.

GRACE SOUTHWICK said but an honorary citizen could ask for the $2000 now? That’s my point here there are a lot of policies out there, a ton of them, especially in the wellness department, that they

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could access funds for different things. I want to know what they have access to, and what they can have access to, and what this will cost us down the road.

CHRISTABELLE CARLICK said so just those two that I mentioned with fuel and things that they have access to so far, it’s starting to sound like it’s getting more complicated than expected. There are some minor things I don’t think it’s going to be major. I suggest that we write a policy or we drop benefits. If we look at the costs then it’s going to be larger than we expect.

TIM CANT said I have an order of speakers. George is next.

GEORGE JOHNSON said I spoke to this previously, maybe two or three years ago. People were questioning my thoughts. In looking at 5.11, under D, and honorary citizen may have access to benefits. You know, just the wording in that, may be the constitution committee should be looking at the flaws or the areas of the Constitution to upgrade it to go with the times. Under D, when I read that, that leaves the door wide open to anything and honorary citizen may ask of KFN. It has to be brushed up and I like the idea of, Christabelle, having a policy. To develop a policy stating the exact benefits and rights and honorary citizen has.

TIM CANT said thinks George. It’s been recognized that under 15.11 B it says as determined by Council. Christabelle has mentioned that yes, we will possibly look at a policy and examine the financial costs of what this provision could imply. I think That’s up to your Chief and Council - they have now been directed to re-examine that and to choose whether or not they want to undertake a policy or as Christabelle said drop that altogether. The bottom line is the last four words “as determined by Council”. So, you can rest assured your Council keeps an eye on your budget and controls that and if they feel that it’s costing too much or whatever then they have the powers to determine whether or not to pay a person.

GEORGE JOHNSON said I just want to mention the fact that the honorary citizen - it’s just a recognition of the services and the time and involvement of the individual to improve Kluane First Nation. I question item C also. What do you know about anything when you are 13 years old? How can you become an honorary citizen at 13 years old?

TIM CANT said okay thank you George. Any other comments? Mary.

MARY EASTERSON said I guess you have to be really careful. KFN has the largest or second-largest Elders population in the Yukon. If we add on, as Grace said, there is no way we can account how many honorary members we will have in the future. We have to be really careful and make sure that whatever policies we develop are really clear. We don’t have endless amount of money. We don’t have endless amounts of services. Not only for our own citizens but for everyone and we really need to do that. And that term “access to benefits”, is so vague. So, you really need to define exactly what you mean. I’m telling you we have to be really careful with and start defining who is getting rights outside of the citizens. The citizens are the first people here in this country. In this nation.

TIM CANT said thank you Mary. Grace.

GRACE SOUTHWICK said just one more comment on honorary citizens. Keep in mind that it only takes 15 signatures to have somebody become an honorary citizen. I could go out and fill out a form and say I am

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nominating this person and before you know it we have more honorary citizens than Elders. We really have to watch how we do this.

TIM CANT said I think for final clarification, Robin.

ROBIN BRADASCH said that’s not quite true. There are 15 people that nominate the person and its passed at a general assembly. It’s rigorous. I can go through some of the history. One of the reasons why the benefits are not put there is because people were super reluctant to enshrine anything into the Constitution. They wanted those other decisions to be made by a policy because policies can be changed. They want to make those decisions as programs are designed. What should or should not be extended and we can put other types caveats it on it. Once you start listing things in the Constitution then they start getting enshrined as rights. That’s one of the reasons why it’s vague and they basically only have two rights. The right to participate and vote at the general assembly and the right to participate and vote at the Elders Council. Those are the only two rights that are protected.

TIM CANT said thank you Robin. Christabelle.

CHRISTABELLE CARLICK said I just wanted to make another comment about the honorary citizens. I forgot water/sewer and snow removal benefits. I only know of two honorary citizens that we do have and you could consider that they both receive benefits because one lives in an Elder’s home that gets the same benefits and I would imagine out of respect the one citizen that is living with an Elder citizen gets those. If any thing ever happened we are going to take care of them. We don’t have a lot of honorary citizens, it does have to go to a vote at a general assembly, but these two people have lived here longer than my existence. They have made more contributions to Kluane First Nation and the community of Burwash Landing then a bunch of us. That’s why they are honorary citizens. That’s why they were voted in. I would want to see, one of them, right now, if anything were to ever happen to his spouse that he is taken care of just like anyone else that we would care of – any of our own. That’s what is happening and I don’t want to see that change. Maybe it’s that we don’t let any more in unless they make huge contributions or have lived here for 60 years. That’s the only two that I know of that exist and I always want to see both of them taken care of no matter what.

TIM CANT said thank you Christabelle. At this time, I’m going to bring this item to a close. The Chief and Council have clear direction on this one and they are looking at policy development and they will examine the costs. Thank you.

10. Land Titles Act Registry Update

ADAM HUMPHREY said Jennifer is handing out some information. For those who don’t know me my name is Adam I work in the lens department. I also sit on the land titles committee which gives the First Nation a lands Registry. For those of you who know what the land registry is or why we need it, KFN can’t build any thing right now without registering the land. In order to get a mortgage and an order for banks to trust in that land it needs to be registered within a system that is recognized. The current one in the Yukon is through the Land Titles office through the Yukon government. There were a number of risks of going with that system. Previously that system would have seen the loss of aboriginal rights and title. That has changed; Yukon government has amended their policies in order to accept settlement land and extend aboriginal rights and title which is the same policy that the Yukon First Nations Registry system is using as well. Right now, there are two systems. Because of the issue with aboriginal rights and

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titles in the past, seven first Nations got together and decided to create their own land registration system. That’s been a five-year process. It’s a very complicated process. Right now, those seven first Nations are at the point where they have a registration system that is being transferred to the committee for their ownership. As well we are drafting up a land titles act that will need to be approved by each individual First Nation. At the same time Kluane First Nation and Ta’an Kwäch’än Council and Carcross-Tagish have gotten together and are in discussions with Yukon government about the Yukon government system. It is in some ways a little bit better. In terms of the costs associated with the system. Right now, the First Nation Registry system is approximately about $500,000 a year to maintain. $71,000 for each First Nation. If every First Nation out of the seven decide to join. KFN has led a legal review of joining in with the Yukon government registration system and there have been a number of risks identified so we are working with Yukon government and the land titles office to try to solve those risks. To see if the Yukon government registration is the best way forward. Right now, there are two different options there is the First Nation registration system, the Yukon government registration system. We are trying to get both systems to a point where we can make a decision on which one will be the most affordable and most effective and the fastest way to register lands. I can go through some of those risks briefly unless there are any questions.

TIM CANT said questions. Mary.

MARY EASTERSON said I wanted to ask whether or not there are any other First Nation registries in Canada? Are any other first Nations doing that?

ADAM HUMPHREY said we recently did have a registrar from the Nisga’a nation up to discuss the registration system that they put together. According to her it was a 20-year process to create it and it was a multimillion dollar endeavor. They’ve gone through a lot of problems. And a lot of issues that they’ve had to resolve in order to get their system. It gives you a little bit of insight into how complicated the systems are. Some of the long-term financial implications that may come into play.

TIM CANT said George.

GEORGE JOHNSON said maybe for the benefit of the general assembly you can explain the difference between Yukon Government registration, giving up your aboriginal rights and your title, and the First Nation registry system that you are putting forward.

ADAM HUMPHREY said sure. Just to begin, with the Yukon government system there would be no loss of aboriginal rights and title. It would be a suspension. Both systems but do that. Basically, if you are coming in to get a lease parcel for registration, that lease parcel, aboriginal rights and title would be only suspended while it was registered. When that registration was revoked you take it out of the system, and aboriginal rights and title resumes. There will be no loss - that was a deal breaker at the original discussions with Yukon government. There would be no way that Yukon First Nations would want to register with the loss of aboriginal rights and title. So, there were amendments to the Yukon government and as far as I understand that’s the only case in Canada, according to the land titles office, that that policy had been made. It’s a big advancement to have a suspension. On the Yukon First Nation registration method there is also a suspension of aboriginal rates and title. There is no difference in terms of that suspension.

GEORGE JOHNSON said well what benefit is it for citizens to lease land or else to register their residential lot or whatever?

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ADAM HUMPHREY said so the main benefit there would be that they would be able to access mortgages. Without a registration process banks don’t trust that that parcel of land is free of any other encumbrances or uses. Basically, a registration system takes a piece of land and says this is exactly what this piece of land is. And then registers that. So, banks can take a look at that system and take a look at that title, that leasehold title, that parcel of land and say okay. We trust in this registry system and we are able to lend money in order to construct. That’s the main thing. Right now, you can go and construct buildings but you aren’t able to go get mortgages. Beyond individuals is also a benefit to KFN as a whole for commercial opportunities.

GEORGE JOHNSON said the what you are saying is that the driving force behind our desire to have a registration system is the fact that we can’t go to the bank and get a loan? That should not be the main factor that drives the establishment of a registration system. Being a First Nation member, I could build a cabin right here. I could go anywhere on the land. I have that right today. Now you are trying to fence me in here by saying oh you have to do this. You have to do this. I’m just not totally in agreement with that.

ADAM HUMPHREY said just to be clear, you are able right now, to construct a cabin if the money is available. The only benefit to this registration system the main benefit is access to banks for mortgages or residential construction.

GEORGE JOHNSON said we don’t have one citizen here that is going to go to the bank and get their own loan.

TIM CANT said we have a lineup of speakers. Thanks George. Tosh and then Sharon.

TOSH SOUTHWICK said I just wanted to clarify. Robin and I are both waiting. We absolutely don’t have the money to build a house right today so we would need funding. I want to go back to Mary’s question and when you go through the risks there are some other first Nations who have land registry systems. My concern around the land registry - why can Kwanlin done do what they’ve done so far in the past within the Yukon Government system? It seems to be working for them. My understanding is that they are simply waiting for Canada to amend their self-government agreement. Versus the First Nation lands Registry system which we put millions of dollars into already, in five years. It was supposed to be done very quickly. I follow where George is going if the motivation is for mortgages we have other First Nations that have gone a different route with that. Champagne Aishihik has offered mortgages to their citizens, they’ve guaranteed mortgages for their citizens. Na-cho Nyäk Dun is having a very similar conversation. My concern is the land registration system holding us back - we are going on a decade with this conversation and in the meantime Robin and I are growing old without a house on settlement land. This is a big barrier for our people to come home. I don’t think that KFN should be relying solely on land registry. There are other options as a self-governing nation to get around this issue of Mortgages. It doesn't need to be that complicated. I had an interesting conversation with (inaudible) where they are saying they take the money that they get from the federal government and they give citizens who are interested in home ownership half of the INAC allocation and then they guarantee the line of credit at the bank. So, the citizen ends up with $160,000 to build their house. They do that all on settlement land. There are other options that can be explored.

TIM CANT said thank you Tosh. Did you want to respond?

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ADAM HUMPHREY said I guess there are two questions there. Kwanlin Dun has brought no land through the process. Similarly, it’s a complicated process for them. We are in conversation with Kwanlin Dun to see how that system is going for them and what it might look like for us to join a YG system given the risks we’ve identified through our legal analysis. It’s still very complicated for them and they have not brought forward all parcel through the registration system.

TOSH SOUTHWICK said if we were to follow that process it would require an amendment to our self-government act - which does not happen quickly, correct?

ADAM HUMPHREY said that’s right. The benefit there is KDFN kind of paved the way. So, there has been a lot of institutional knowledge in Yukon Government as to how to put this to use. As far as I understand, it would be a quicker process if we were to go forward with that. It certainly would be a lot faster than KDFN’s experience. Your second question I wanted to address - I don’t have a lot of history in terms of the origins of the decision to go forward with the registration process for KFN to offer mortgages internally. My thoughts are there would be liability an ongoing commitment and it would be a bit more simplistic to go through the registration process not through a bank but through offering mortgages through KFN. We can talk about that.

TIM CANT said what I know about Champagne Aishihik, they went through the First Nation market Housing fund. I believe every community has access to that.

SHARON KABANAK said I don’t understand what royalties mean with registration. I know that if I wanted a parcel of land on our own then we’d have to pay tax for it but KFN would have to transfer it over to us. If I want to do a business it’s none of KFN’s business. But if I wanted a piece of land from KFN to do a business on I don’t see why we are not treated equally like KCDC was offered up to them and they can do small business and I don’t see much expansion on all the land designated for KCDC. I would like to see that land being used for people like myself or anyone else that wanted to do was small business. We should be able to go down to the land by the Lodge and build a cabin there and make a little store something. I suggested that a long time ago. Why don’t we all have a little designated area within that cooperation land where we could run a small business? There could be a bunch of small little cabins there, could be a small town; KFN has got to make money somehow.

TIM CANT said I guess the question is - is commercial…?

ADAM HUMPHREY said are you talking about the income tax and designated commercial use?

TIM CANT said my understanding (of the question) is that is land registry for commercial activities?

SHARON KABANAK said what I am saying is that if I want to have home ownership or anybody in this room wanted to own their own house and also run a small business, KFN should be able to give us land to do the same thing that they’ve given to KCDC and KCDC’s land is our cooperation and it’s all empty. There is only the store that is developed there. In all the land that we have from the band office all the way down, you could have an admin building you could have our cultural building there - there is nothing happening. We could build a home there and run a business - a store for the kids at the school. We should not have to depend on just one store and KFN paying for our mortgages year after year and making us feel like we can’t do anything for ourselves. I don’t have to feel like that. But I feel intimidated that KFN owns the land and I have to look to them for paying my mortgage and then paying for my

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property. I’d like to be able to have KFN to pass it on to the people. It gives them their strength and their independence to be able to start paying back to KFN.

ADAM HUMPHREY said absolutely. That’s one of the big benefits of this registration process. You are able to then apply for both residential mortgages and commercial mortgages. So KFN as a government can apply for commercial mortgages to banks after this registration process is completed and individuals as well can apply for mortgages for essential use but for commercial use as well.

SHARON KABANAK said maybe you can graph that information and show us what it would look like.

ADAM HUMPHREY said right now within Burwash there are zones for commercial uses. If an individual wanted to build a commercial entity that would still cost money so the idea there is that it would - the registration process would allow for commercial mortgages and fund those developments. There is no application process that I have, it’s all through banks and mortgage applications. I can show you what would be possible once the registration process is complete.

TIM CANT said thinks Sharon. Shall we continue on? ADAM HUMPHREY said I just wanted to briefly go over some of the risks that were identified. Right now, if we did go with the Yukon government method there is a bit of a liability when it comes to encumbrances on lands. If it was seen that or if lawyers identified that if you register land and you don’t state all of the encumbrances or all of the uses and all of the uses on the land that it would open KFN to lawsuits. In the future that has been identified as mostly solved through the land titles office. There was a meeting with Land Titles and that's kind of off the wayside right now. There is the risk that First Nation laws would be rendered inoperative for the jurisdiction of them would be superseded by Yukon government laws. That’s an ongoing discussion that needs to be had with Yukon government. We had back and forth over the last couple of months. There is also the possibility of losing settlement land through administrative issues. For instance, if you register a parcel and that title is then transferred through the land titles office through an error or through bankruptcy or something like that then that title would be permanently transferred and KFN would lose their land. That has been identified as a key risk and there would be a number of solutions that land titles office has shown to us. We want to make sure that risk is completely eliminated before making that decision. The final risk is lack of consultation that Yukon Government would have with first Nations when amending any kind of land titles act or legislation that would impact the land titles act. Right now, there is a consultation in agreement with Yukon government and its seen as not meeting the needs of this risk. That’s been an ongoing discussion as well and we will continue to try to solve that risk. In terms of next steps, the land titles office is right now prepared to work with first Nations to address the concerns. They are very positive. Very positive meetings. There is a lot of desire to solve the interests and move forward with registration. Right now, we are still going along with the creation of the First Nation registry system so in the coming year KFN will have to make a decision between the two different options. We are trying to build both sides up to a point which they are strong enough in order to make that decision to see which one is the cheapest, most effective, and fastest in order to register KFN lands. To have access to mortgages.

TIM CANT set any other questions at this time for Adam? Kluane.

KLUANE MARTIN said there was a law that first Nations people - I want to know if it solved. First Nations people could not own land in Canada. CYFN was trying to get that abolished. I know that it went through

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somewhere with the government but has it been abolished? It was an old, old law in Canada and it came up with CYFN a few years ago and I want to know what happened there. I never did hear.

TIM CANT said thinks Kluane. We have an answer for you, Josh.

TOSH SOUTHWICK said it was a section of the Indian act that was repealed and so it’s no longer a case that a First Nation person cannot own land.

KLUANE MARTIN said but was it taken off the record?

TOSH SOUTHWICK said yes, it’s out of the Indian act. It has been formally repealed. It no longer is the law.

KLUANE MARTIN said when did it happen?

TOSH SOUTHWICK said I’ll get you the date.

TIM CANT said I don’t believe it exists any longer, she is just going to get the date for you, Kluane. Christabelle.

CHRISTABELLE CARLICK said earlier you said you met with the Nisga’a nation about how they do theirs. We were just inquiring recently, my partner is Nisga’a, and they sell their parcels of land for $2000 and they did their own land registry system. Right now, if we were to go with Nisga’a we could automatically go to the bank and get a loan and they would back us. A lot of people, where my partners from on his reserve, they own that land and houses that they have. We are looking at the same thing, correct?

ADAM HUMPHREY said essentially, yes. We are looking at system through the Yukon government or through the conversation registration system that is also underway right now. Either one would allow for that kind of home ownership. Were learning from the Nisga’a nation. It was a long and complicated process for them. It was 20 years; multimillion dollar investment. But hopefully learning from their process we can make it a lot faster.

TIM CANT said Mary.

MARY EASTERSON said it was good to hear Tosh talking about Westbank but there are other nations other than Nisga’a that have land registries. You can look at Qualicum Lake. The next step for you would be to research some of the other land registries apart from Nisga’a. We have Westbank, we have Squamish nation, we have Nisga’a and all of them have different way of doing their land registry. We should look at those.

ADAM HUMPHREY said more research is great. The legal firm that we hired to do the legal analysis for the Yukon government system and some of the risks associated with it also did research on BC’s system and also some of the options that are available to BC first Nations. So definitely more research is always good.

GRACE SOUTHWICK said I just wanted clarification to what was said about the land being sold for $2000; before we signed our agreement, we made an agreement amongst ourselves that we would never sell our land. No one can ever buy a KFN land, period. You can buy KCDC/Burwash Resort area, but the piece

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 21 of 62

Page 22: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

of the land that we live on, aside from Bob and a few others, is KFN land and it can never be sold, period. You get a lease from KFN, you take that to the bank, the bank says yes, then they will give you money to buy the dwelling that sits on there. Counsel will come up with the prices of these loans. I’m pretty sure most of us don’t have 200 or $300,000 in our bank account today so most of us want to buy our house we have to go get a mortgage. If you want to get a mortgage we need this registry. That’s the only way to go forward with this. To your other question about looking at other first Nations, what they’ve done with their registry system, the First Nation system that we all took on as Yukon first Nations is modelled after the Nunavut system. It works very, very well for Nunavut. And they copied that off of somebody out East - some other First Nation out East. I can’t remember which one. It was good, it was a great way to start. A lot of it was logistics. The guy that developed the system first quit halfway through and wouldn’t give us anything we needed to get the system up and running. We ended up in a court case. It was just a nightmare for the last five, six years. So now they are at the point where they are getting this registration system up and running, or very close to it - they worked out all the kinks and whatnot, but if you look at Adam’s presentation here and you look at what it’s going to cost us if we go through the Yukon First Nation system we are looking at $500,000 a year to have our own registry system. We go through the Yukon Government system, it’s $10 per lease. Pretty easy to decide once we get the kinks worked out with Yukon Government where we would go for cost efficiency and the banks all go through the Yukon Government system. Anybody that’s got registration for a house or piece of land in the Yukon the banks don’t even blink it that registration system. They are very leery of your conversation of the registration system because it’s never been done before. They don’t have that security feeling that you guys know what you doing with your registration system is as good or better as the Yukon government’s. We have put a lot of research into it. All the Yukon first Nations are in the same boat as us - how do you do this. We’ve come a long way in seven years to the point where we’ve actually got Yukon government to change things that they are not going to make us surrender our rights and title. There are a couple of more things that we need to work out. We had a meeting with Yukon Government Minister (Tracy-Ann) McPhee three months ago. She came and met with her, heard what our concerns are, and within two weeks we saw changes. Things have been really moving fast since that meeting with her. I’m confident that soon we will be able to register our lands.

TIM CANT said keep in mind that it is five to twelve, people will want to break for lunch. Sharon.

SHARON KABANAK said you have that system set up that Grace just talked about but then we are getting letters in the mail that says you have to live at Burwash a certain number of years before you are considered eligible for Elder home ownership at a certain rate. Who was making all of these definitions of who we are and how long we’ve lived here that makes us eligible for our house at Burwash? Remember Geordan Clark made that big chart before? And somebody showed us one recently that says you - you are short of three years of living here so you are not eligible to live and that house?

GRACE SOUTHWICK said I’ve got it figured out what you are talking about. The model that we developed eight years ago, Kluane Martin sat on that, I sat on it, Elodie and Geordan, we were all appointed by a general assembly to sit on this committee and trying to figure out how this is going to work to be eligible to get into a house.

SHARON KABANAK said are you still going by that chart?

GRACE SOUTHWICK said that the only thing that exists right now. Chief and Council are updating it. It was through that Turtle Island and it was their recommendation that we start with this. It’s not implemented. It was just a starting point.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 22 of 62

Page 23: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

SHARON KABANAK said I’m just concerned about that because if I started pointing fingers I could say you, you, you, and you have not lived here, go back to where you came from.

TIM CANT said thank you Sharon for your input. I think I’ve heard enough and I will bring it to close. Adam is coming back after lunch to talk about community land use plan regulations.

Lunch Break

TIM CANT called everyone to the table and reviewed the items on the agenda for the rest of the day. Tim said if we have time, there may be resolutions that don’t require 24 hours notice. I will double check the constitution. Again, a reminder that they are looking at doing a poker chip run. If anyone wants to do that – there are a few prizes for that. At this time, I call Adam Humphrey to the table.

11. Community Land Use Plan Regulations

ADAM HUMPHREY said what being passed out here is the community land use regulations. A tracked changes version showing you the changes I wanted to make. The changes are fairly administrative, they are focused more on grammar and how are things are set up in each zone. Just to give you some background, there are two land use plans for KFN. One is for all settlement parcels and one of them is for the community lands around Burwash. These are the regulations for the community plan. It’s all around what you can and can’t do around Burwash Landing. This is kind of a precursor to the land use plan that we will rewrite next year. There will be more engagement of the plan as a whole. But these regulations are being firmed up in order to rectify some grammar issues. I will go through every single change. Just to give you a heads-up there is the capitalization and capitalization of words, which is a boring one I will go through all of that. There is a couple of definitions added because certain terms weren’t defined in each zone. And there is one regulation that was changed, which is that for accessory structures. Before in residential zones accessory buildings like sheds garages things like that need to be set back by the same setback as the main residence. So that’s 2 metres which is a pretty big setback for a small building. So, we wanted to open that up a little bit and bring it down to 2 feet for each accessory building. Up to 4.5 m in height. Anything taller than that needs to be set back 5 feet. There will be changes coming out of the more comprehensive review of the plan over the next year. These are sort of the small changes just to kind of clean up the some of the wording. Does anyone have any questions about the community land use plan or the regulations? Any thoughts? This was presented to Elders Council to look at it on behalf of the Elders.

TIM CANT said the floor is open for any questions for Adam. Sharon.

SHARON KABANAK said usually when there is a land use planning meeting we have some follow-up papers throughout the year so that we can follow up on what you are doing. We recommended that and didn’t get anything that we can follow up on like trapping zones and different areas that are - where significant changes were made.

ADAM HUMPHREY said again there have been no changes to any of the plans yet. These are just small regulations behind the plan. There have been no changes to the plan. There will be updates as we go forward with consultation with any kind of changes to the plan over the next year. Every plan typically has a five-year window, so after about five years you do need to revisit most plans. In 2012 was when

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 23 of 62

Page 24: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

the community land use plan was created - It is past due for a look at that plan so we will be doing that over the next year.

TIM CANT said any other questions? Mary Jane. Can you use a mic, please?

MARY JANE JOHNSON said wasn’t there a thing on the community plan for a green space?

ADAM HUMPHREY said yep - there is a zone for environmental protection and natural open spaceso KFN has the opportunity to designate specific lots as environmental protection areas.

TIM CANT said all right. Sharon. Use your mic, please.

SHARON KABANAK said are you talking about buffer zones along the lake there is a certain distance that you can put a structure like, if I want to build a dock or something on the lakeshore? Do we have to be, like within KFN land I would have to get permission from you, right?

ADAM HUMPHREY said yes.

SHARON KABANAK said and on government land it’s the same thing? Are there any differences now?

ADAM HUMPHREY said there will be no changes to any kind of setback for many kinds of waterways.Right now, the buffer is 30 metres from any large waterway. Page 12? That’s for accessory buildings. 60 metres from high water mark for structures that are fronting on to Kluane Lake. 30 metres of the natural boundary of any fish…

SHARON KABANAK said it could be a mistake to 30 metres could be yards or something you should check into that. You should check into the distant of that so people know exactly.

ADAM HUMPHREY said oh you mean different calculations. Yeah, sure. We can take a look at that.

TIM CANT said thanks Sharon. Any other questions or comments?

ADAM HUMPHREY said for those who have had a chance to take a look at the changes to the regulations if you have any questions you can always just approach me over the next while. To discuss. I am looking to propose a resolution on this - I passed that around as well.

TIM CANT said Adam, you have a question on this.

MONIQUE MARTIN said on page 12 you have taken out wrecked or abandoned vehicles and then I see you’ve taken out light industrial and just replaced it with industrial and throughout the document it’s still – you’ve got inconsistencies that need to be changed. I’m wondering if we should designate a light industrial compared industrial areas because they can be completely different

ADAM HUMPHREY said absolutely.

MONIQUE MARTIN said it will be a little bit more of a regulatory process that if a person is actually in a light industrial area as opposed to an industrial.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 24 of 62

Page 25: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

ADAM HUMPHREY said right now there is only an industrial zone so I thought of just simplifying it and just calling it industrial. During the process we can look at splitting it off into two different types of industrial zones and having uses associated with each of those.

MONIQUE MARTIN said right now this document only deals with light industrial.

ADAM HUMPHREY said right now there is only one industrial zone. There was some discussion before about simplifying it and taking out light but we can always just leave it and then we can just add an additional zone if that’s needed or seem to be required.

TIM CANT said thanks Monique. Any other questions or comments for Adam? So, I’m seeing an update on the community land use regulation where its at today. Adam is presenting it to you and it looks like obviously it will be ongoing work with the land use committee here at Kluane. A lot of the questions that you are flagging right now are good for Adam to note. Throughout the workshops and you do have meetings that you have you will be able to make alignments with this regulation that you’d like to see. And Adam has a resolution as well.

ADAM HUMPHREY said the resolution in effect be to pass these regulations that are shown on the tracked sheet document that I handed out. So, if there’s any other concerns that can be addressed at this point. I’d like to bring that to the resolution when the time comes.

TIM CANT said we’ve got one more question here, Monique?

MONIQUE MARTIN said I’m not sure this map is correct. You have a recreation facility in a designated industrial area. And the recreation area is actually up where the old baseball diamond is. This map isn’t reflective of what we are currently doing. ADAM HUMPHREY said he that light industrial zone is actually where it is supposed to go. That is a good point. Maybe we want to see another use for that parcel?

MONIQUE MARTIN said we don’t necessarily want the kids running around an area where there are hazardous materials. The community land use plan is supposed to be – it has been developed for a while. I’m not sure why we ended up deciding on these. Building right beside where our kids are going to be playing. Or why the recreation facility is built right beside where the industrial area is. If we put this plan in place then we need to start following it. KFN has spent massive amounts of money on developing these land use plans. If things are going to be moved forward before we even decide on it, then why are we even deciding on it?

GRACE SOUTHWICK said I can answer some of your questions, Monique. The gym and arena were put in before land use planning. Before phase II was done. And the light industrial being built now is actually going in the light industrial area. I get your concern and agree with it 100%. People do not follow these plans and policies. I don’t know what to do – I can’t get it through their heads that they can’t just go out and do what they want to do without following process. We just had a YESSA 101 for all of our staff. Just because we own the land doesn’t mean we can do whatever we want when we want. There is still a process. The minute a permit is issued and we give a permit to people it triggers YESSA. We can’t do what we want and its a learning curve for everyone who thinks we can do what we want to do on the land. It doesn’t work that way.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 25 of 62

Page 26: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

TIM CANT said okay, Alice.

ALYCE JOHNSON said the question was raised with regards to sections or zones that may be designated as cultural? I thought I saw that in there?

ADAM HUMPHREY said there are no cultural zones in the community lands. There are community facilities which comes closest to that. There are no real cultural zones. There are uses that can be in each zone. But no zones specifically.

ALYCE JOHNSON said because there is a section of the community in Burwash Landing where community members go out and do moose hides, gather in a certain area which doesn’t fall under recreational, so how would you incorporate that into this zoning? That section is already marked off under cultural activities. They set tents, do the tanning of the hides. ADAM HUMPHREY said that can go under community use area. If we wanted to look at uses for cultural uses we can look at that in the future.

TIM CANT said any other questions before we move to a resolution? Okay, go ahead, Adam, talk on the resolution.

ADAM HUMPHREY said the resolution is to adopt the changes that are being proposed to the community land use regulation. It sounded like there was an interest in keeping the light industrial as a specific use – did you want to see that?

MONIQUE MARTIN said yes. I’m not sure what is the difference between a light industrial area and industrial.

ADAM HUMPHREY said essentially nothing at this point.

MONIQUE MARTIN said well… if you go up into Porter Creek just before the Church of Nazarene - that’s categorized as light industrial. Yet, I wouldn’t want that next door to the skating rink. That’s sheet metal, storage units,

ADAM HUMPHREY said essentially light industrial is an industrial activity that doesn’t have any negative affects to adjacent lots – like noisy, smelly or smoky activities. My understanding was that in Burwash it wasn’t seen there would be heavy industrial area in the community. So, it wasn’t included in anything. A specific provision against uses that would impact adjacent lots.

TIM CANT said Mary Jane.

MARY JANE JOHNSON said I wasn’t part of the Elders meeting this was presented at. This is the first time I’m seeing these amendments. Are you asking for this floor to pass a resolution – some of us are seeing this for the first time.

ADAM HUMPHREY said yes. If the amendments were larger in natures I’d want to see a larger consultation, presentation and discussion. Right now, I’m only proposing smaller administrative changes, fix up grammar issues, modernize definitions but no large changes.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 26 of 62

Page 27: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

MARY JANE JOHNSON said I agree with Alyce. There is a need to have a definition of cultural space because we have designated areas within the community during the community land use planning process for cultural space that is not included in here. The other point that I wanted to ask about - in the regulations is there a time frame set in here or is there a time frame set in the land use plan that talks about review. When is the timeline review here, five years?

ADAM HUMPHREY said yes, five years would be about right. 2012 was when it was created so we are past due for that type of review which is why we are looking to go forward with that review process.

MARY JANE JOHNSON said but that’s a very informal process right now. It is not stated in this document that in five years time we will come back and revisit and make sure these regulations are following the direction that has been laid out on land use plan or land use plan changes and the regulations need to be changed. What is the timeline here for this review? It’s not in here.

ADAM HUMPHREY said sure, it’s in the land use plan as a whole. So, if you look at the land use plan, not the regulations, it’s in the plan itself. It does talk to a five-year review. When that update is completed regulations will follow that plan as a whole.

MARY JANE JOHNSON said one final thing. KFN has been literally struggling to keep the language. We’ve been given direction and all of our departments, all of our staff to try to be more inclusive of our language, our Dän Kwanjè, in our documents. We need to be conscious. If there is opportunity to use our language in our official documents we should make every attempt to be inclusive to one or two words in the document.

ADAM HUMPHREY said absolutely, I agree. We can work together to do that during the review process.

TIM CANT said any other questions for Adam? I would like him to read the resolution before we have a mover and seconder so you know what he is asking. He’s provided some clarification to members as to – it’s not so much the content as much as grammar changes, spelling certain words, that sort of thing. Is it changing the context? No. Can you read the resolution?

ADAM HUMPHREY read KFN Resolution # 2018-04, “Community Land Use Regulation - Administrative Changes”

RESOLUTION: 2018-04, COMMUNITY LAND USE REGULATION – ADMINISTRATIVE CHANGES

WHEREAS:

A) Grammatical and inconsistency issues exist within the Community Land Use Plan Regulations; andB) Administrative edits are needed to reorganize, clarify, and modernize regulations.

THEREFORE, BE IT RESOLVED THAT:

1. The proposed amendments to the Community Land Use Plan Regulations as shown in the attached document be adopted.

Moved by Tosh Southwick

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 27 of 62

Page 28: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Seconded by Mary EastersonResolution Carried

TIM CANT said does the mover and seconder agree? Yeah. Is there any opposition to this resolution as it reads? Point of clarification – go ahead, Monique.

MONIQUE MARTIN said Adam can you add that the document will be - consistencies will be corrected? How I said you’ve got abandoned vehicles changed to wrecked vehicles and then you’ve got light industrial throughout.

ADAM HUMPHREY said yes, I did notice that.

MONIQUE MARTIN said it needs to be changed throughout.

ADAM HUMPHREY said so that’s the question we want. Do we want to change light industrial or do we must want to leave it as is right now? I know that was a concern you brought forward.

MONIQUE MARTIN said it’s not my call. I’d like to see it just as is. It’s just a little bit more specific.

ADAM HUMPHREY said well I can leave it as is. There is no problem doing so.

MONIQUE MARTIN said flipping through again, and, I know there are regulations but do we have any, I haven’t seen anything that says, okay, if you are in violation of having something where it’s not supposed to be or – like if you have wrecked vehicles around your house or on your property or construction materials, and you can’t have it there…

ADAM HUMPHREY said like an enforcement section. That’s been a discussion as well and I think it would be one of the main topics of the review process over the next year.

TIM CANT said Sharon?

SHARON KABANAK said I just wanted to go back to the buffer zone where I guess as part of land use planning I want to see planners go along the beach too because some people have left their boats abandoned on the lake shores along the years in our areas. It’s places where we dock and its places where their garbage is scattered around because they’ve left everything in the boat and the boats are water logged – is it possible to move them? It’s on our property and it’s not their place to just desert their boat and expect that people will take care of it for them. It’s KFN land, too.

TIM CANT said I see a nod. Alyce?

ALYCE JOHNSON said I have one question on our discussions here. Who is the KFN Lands Officer?

ADAM HUMPHREY said that would be me.

TIM CANT said okay. Any other discussion on this item? If not, we will put it to a vote. Is there any opposition to this resolution as it reads currently? Is there any opposition to this resolution? Third and last, is there any opposition to this resolution? This resolution is passed by consensus, thank you. Thank

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 28 of 62

Page 29: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

you, Adam. Adam, Lucy-Anne needs the resolution. Next on the agenda is the forestry management update.

12. Forestry Management Plan Update

KATE VAN BALLEGOOYEN said I am the environment and YESSA coordinator. There have been growing concerns in the traditional territory; citizens are finding it harder to access wood and having to go further away from Burwash to harvest. We’ve also heard concerns about harvesting around traplines and trails. This past May we began working on the forestry resource management plan. Kate reviewed the “KFN Forest Resource Management Plan & Committee” report as provided in the Kluane First Nation Annual General Assembly Annual Report.

TIM CANT said thank you. So essentially you are allowed to get out there and cut two cords of wood. That’s a joke – that’s a lot of work. Any questions for Kate at this time? Alyce.

ALYCE JOHNSON said when we are looking at 80 cords of wood, when we measure that in acreage, how many acres would 80 cords take to feed into the KFN buildings?

KATE VAN BALLEGOOYEN said yeah, that’s typically what we use on the boiler. Is that what you are referencing?

ALYCE JOHNSON said yeah. Just to give us a sense of when we are cutting that dead wood, how many trees or acreage and we taking out in this facility here.

KATE VAN BALLEGOOYEN said typically, because we are harvesting dead or beetle kill, it’s going to be spread out over a much larger area.

FINELLA PESCOTT said I wouldn’t want to put a number on that but that’s one of the objectives in this planning process. But we need to know an understanding of what the resource can sustain and what the debt and growth would be, so the regeneration. In order to come up with that number getting more precise data information to how much can be taken out in a given area. How many trees naturally grow in this area.

ALYCE JOHNSON said what percentage of spruce beetle kill is within the KFN area over beside Cultus and coming this way?

KATE VAN BALLEGOOYEN said that’s a good question. You can definitely notice that as you are driving through the traditional territory. We are working with federal government, so Canadian (inaudible) services and we are also bringing in a project out of the US that has climate change data that will be helpful to our project. They will have some LiDAR imagery where we can decide or discern how much spruce beetle kill area there is in certain areas. We are going to target those areas, too, to reduce fire.

ALYCE JOHNSON said when you are looking at the research and you are measuring the 80 cords over the years. What would stats look like over a five-year period with all of that dead kill occurring? Within that five-year period, how much loss have we had than before?

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 29 of 62

Page 30: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

KATE VAN BALLEGOOYEN said similar to your first question, right Alyce? With what that loss looks like on the landscape and then times that by five years type of thing. I think it depends on where we are harvesting – obviously not every harvests in one area. If it’s spread out it over a larger area it will have a lot less impact, but we’d have to look at the data first and picture that we are not just harvesting in one area.

FINELLA PESCOTT said in general the approach is to spread out harvesting over the landscape so that you are not concentrating too much of the activity in one area. So, it’s hard, again, to put a number to it. To try to answer your earlier question about the percentage of beetle kill around Cultus, we did a field trip there to do a visual look at the area. It looks like its up to 50% or more but we will be doing some cruising; Forest Management Branch has offered to help get some data on those areas. The Cultus parcel and the Gladstone parcel.

ALYCE JOHNSON said if you are looking at a satellite map or aerial maps, over the last five years to ten years you will be able to see the degeneration of forest over that period of time. What overlap issues would result from harvesting the dead wood or beetle kill – are those things you talk about with Champagne Aishihik First Nation?

KATE VAN BALLEGOOYEN said yes, there is an overlap in the southern area and that’s where a lot of the spruce beetle is; I think we just need to bring Champagne Aishihik into the fold quickly and make sure they know we are doing this planning. They have a forest resource management plan as well that dictates forestry in that area. We have to talk to them. The Forestry management plan is only on KFN settlement lands and not outside of; it wouldn’t impact Champagne Aishihik settlement lands.

ALYCE JOHNSON said one more thought or idea is the possibility of running a barge from Congdon Creek to Cultus as opposed to beating down that road that’s already beaten enough.

FINELLA PESCOTT said that’s a really good point. When I drove down to Cultus the other day, obviously access to that area is a big barrier because of the state of the road. We were thinking about hauling across the lake. That’s why potentially Gladstone might be a better spot for that reason, because of the distance.

KATE VAN BALLEGOOYEN said that’s interesting. Has anyone ever moved wood across the lake in spring?

TIM CANT said are you good Alyce? I’ve got a Sharon, Dennis and George. Sharon.

SHARON KABANAK said because there is so much development and policies coming up in the land claims and all different areas I’d really like to see the mention of the training facility that all of the people have mentioned; we want a training facility in forestry and all these other things. It would be really good to have that because locals can go there on a local basis or take the school kids there and learn about the environment or how to make a hypothesis or how to do a study on the land and how to build (inaudible) for the trees and learn whether to harvest or not. That way kids will get to know the land, too and use their native language and practice how to say things as they go along. It can also be a visitor’s facility. For Elders that are teaching and others who are concerned and want to have an activity during the day. It’s also something the community needs. A place to go in and learn something and then go out. We are always teaching something somewhere but when will we ever get together and do it. That’s always been a question – someone like Jerrod. My grandson. He’s training and supervising Fire Fighting right in

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 30 of 62

Page 31: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Haines Junction. He – someone like him can work in a training facility in Burwash when he’s on his days off. And bring people up to par with what is happening in that area. KATE VAN BALLEGOOYEN said we heard mention to of a former carpentry workshop that was in Burwash previous to now and there were tools that everyone would use – a communal area.

SHARON KABANAK said yeah, even scribing tools there. Like I did. Scribing tools to build a cabin. So, you can get a little sawmill stuff and make your own little planks. It’s about being productive as a First Nation person, also. It’s not just about being a self-government and learning how to read on paper.

TIM CANT said thanks Sharon. Next up is Dennis, then George, then Mary Jane.

DENNIS DICKSON said my idea of cutting wood for the boiler. Little Joe and I, when we had the chipper going we’d chip 80 cords a winter and fed it. Now they have a ten-man crew and you can’t even keep up with 60 cords. What we used to do is control the wood coming in. We cut a year ahead. That stuff at Cultus, we would cut ahead for next year, haul it across the ice in the spring. Once you get the wood in the yard, we don’t have to worry about it then. And then they are buying green wood. Holy man, that’s a waste. Green wood don’t burn very good in the boiler. And efficiency. These boilers they have here they are wood eaters. They are good for the woodcutters. One cord in one hour is gone, you know. That’s $200 just to start up the boiler. They should monitor it and see if it’s saving money.

KATE VAN BALLEGOOYEN said yes, we’ve heard a lot about the inefficiencies of the new wood boiler.

DENNIS DICKSON said before Joe and I used to chip and feed the chippers ourselves. Now they’ve got three guys. One guy feeding and two guys standing there watching. I can see it right through my window. Where is the foreman? Busy drinking coffee in the office. If I was the boss, boy, it would be a different story. That’s what they need. Little more boot in the ass.

TIM CANT said thank you, Dennis. Next up is George, Mary Jane and Alyce. George.

GEORGE JOHNSON said I just wanted to comment on – I noticed in Haines Junction and other communities that they have their own wildfire crews. We don’t have one in Burwash and I think it would be a very good training, it would be a start anyways, to defend our own lands from potential fire disasters. Plus, it would be an opportunity for people who want to venture into the field to get some good training, basic fire training.

CHRISTABELLE CARLICK said we do have wildland fire for Burwash. They are based out of Haines Junction. This is the third year; the first year was a year of training. My son Curtis did it. The second hear he worked for KCDLP and they were based mostly out of Haines Junction but they drove mostly from here. And this year Jerrod Dulac is the foreman, what do you call it? Site supervisor. My son, this is his third year on wildland fire but he’s working for another organization but he did all the training. We had at least three or four citizens last year do the training. It was Nick, Janessa, Curtis and Jerrod last year. You have to pass a test as well – there is a great physical test as well. I think we only had one person who didn’t pass the physical. But we have it – its money that is drawn down, correct? All the First Nations are doing it.

TIM CANT said okay, thank you. Mary Jane you are up next.

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MARY JANE JOHNSON said we tried to do a forestry plan – Geraldine? When did we try to do the forestry plan Geraldine? That was in the 1990’s, in the mid 1990’s we starting doing forestry planning. Some of the items from that old work should be still in archives. One of the things that we did look at was to have a central area where we would have a portable sawmill so people could start to look at planing their own boards. We had an idea of a shop, we had drawn up plans actually for a carpentry shop, we’d have one person designated to be a caretaker of that shop and everybody using it would have to abide by safety first. The other thing we looked at was training in silviculture. It’s fine to cut down all the trees but we need to be conscious too that you need to replant. When we were over in Sweden we went to a couple of areas north of (Place name) and Joe Jack, sitting in the back there, your dad was one of the guys that picked some of those acorns for some of those forests over there in Sweden. Because I was walking on the land over there and said, geez, this sure look like the Yukon. They started laughing; they said because all the acorns come from the Yukon. So conscious. The way that they did some of their land areas over there – they have 25-year plans. So, one area is 25 years. You plant and you leave it and you move on to the next area allowing the land to regenerate. And for some of those younger trees to come up. So, when you are cutting trees you are not cutting trees that are uniform. You have some trees that are 100 years old and some trees that are 75, some that are 50, some that are 25. That is one thing we needed to look at. The other one that we had looked at in that planning discussions was plant sites for medicinal plants, roots, berry sites for food and also in areas that are important for wildlife. This came about around the same time that we were doing the Kluane Land Use Plan. If we are going into areas that are to be forested we have to be conscious of that we maintain the habitat for all living creatures and not just go in there and help ourselves. We did bring Will Jones into the discussion because he was doing horse harvest. Will was hauling wood our from the land with horses. That was just one thing. But I can’t see Dennis using a horse to drag a log out. The other thing that was of concern that Dennis had mentioned was the use of green wood. At present we don’t have any way of monitoring people that go out to wood lots. People go to see you and get a wood permit for personal use and commercial use as well. But we don’t have no way of monitoring that. The other thing, for example, Grampa Jimmy Johnson used to burn land out. He used to burn land out, throw a match down and leave it for two years and come back in three or four years. If he did that today he would be charged as an arsonist. We need to rethink of that kind of thing because, Dennis and I were just talking and everyone knows the concern about land and the gophers here. All the gophers are in the timbre right now because they can’t come up into this kind of grass. They don’t like to be exposed in an area where they can’t see so al this whole area down here in Duke; we should be able to do control a burn, some parts of it. We don’t need to do the whole meadow but looking at that kind of thing – controlled burn. My final one was the idea of training. We were looking at a one-day, this is for everybody’s information, to do a bunch of cultural and harvest gathering, August 27th to 28th. We are looking at one day, on Monday, to do a whole bunch of forestry type activities. It’s just a forestry intro and will be done by sign-up, right?

KATE VAN BALLEGOOYEN said yes. I think some of the green wood that’s been mentioned, too probably came out of Edith Creek by the gravel pits there. So that’s drying, I don’t think it’s being burnt. It’s interesting, because Teslin Tlingit Council and their boilers and there they only accept greenwood which is interesting. Yeah, they let it dry for the year. But it’s just a way of separating commercial and personal use. So, you use the dead standing stuff for persons who will use it in the community.

TIM CANT said thank you Mary Jane. Alyce and then George.

ALYCE JOHNSON said I have a question about the strategic plan. In terms of planning the education of KFN citizens or those who might be interested in wild life fire management. Moving from the thought of

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them being labourers into senior management and into post-secondary. Moving them from FireSmart to endocrinologists. And initiating the learning or the teaching from the daycare all the way up to secondary. If we can plan that in that strategic plan and to think of it in those terms as opposed to… because I look at this list here and it looks more like a labour as opposed to having consultants or having KFN citizens as consultants or achieving degrees where they can take over the management of forestry within our traditional territory.

FINELLA PESCOTT said while there is a list of different topics there, one idea or one approach is when training comes to the community there is focus on training the trainer. So, training people in the community that can have those skills to train.

ALYCE JOHNSON said one other discussion item we had last week when you did your presentation Kate, maybe you can give us a brief overview of Yukon Government cutting down trees and or having contractors cut the trees down and then remove them and those trees or logs belonging to the contractor as opposed to KFN when it’s a KFN natural resource.

KATE VAN BALLEGOOYEN said Alyce is referring to an instance at Edith Creek where there is a gravel pit there and they are clearing more space for the gravel pit and quite a bit of cord wood was taken down. I’m not sure. Bob?

CHIEF DICKSON said those kinds of opportunities of clearing are open for everyone to bid on. The guy who got it bid on it and that’s part of the bid - they can salvage the wood instead of burning it all. He chose to sell it because he has a wood business. Those kinds of opportunities are out there too, for individuals, if they want to clear gravel pits and salvage the lumber and sell it.

TIM CANT said thank you very much Alyce. Next is George.

GEORGE JOHNSON said I wanted to mention the fact that for every acreage you take wood from you should replant it. There is opportunity for a training program. The other thing is that they do that with salmon in the school at Destruction Bay. They harvest the salmon eggs, spawn them and let them go. We can create the same atmosphere in forestry.

KATE VAN BALLEGOOYEN said that’s great, thanks George.

TIM CANT said I think we’ve exhausted this item. I think you have good direction from the general assembly. We are going to take a little break.

Break

13. Year of the Youth

TIM CANT said here we go with the agenda for the afternoon. We have year of the youth, added by Alyce and we do have a nomination for an honorary citizen that’s been signed in accordance with your constitution. This is the place where we sign it off. The last item is the review of the minutes from last year and we can address that. Let’s start with the year of the youth.

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CHRISTABELLE CARLICK said I want to thank Robin who brought this forward to council last fall; a year youth, in recognition of our youth. Council had also talked in the beginning when we first got in and investing in our youth and it was agreed upon to do it in this year as one of our strategic priorities. There have been a few things that this is been happening we are in our second year that we’ve been writing proposals for students that are in school to come back to work. We had quite a few students come back last year. We had six this year, we also sent participants - elders and youth to attend residential school conference in Winnipeg. They’ve been having youth meetings. I also wrote a proposal for youth mentorship programs to have youth working in the office. We’ve done workshops and camps the Kathleen. It’s young women’s camps; she’s looking at stuff for young men. All of the kids attended a youth conference in Haines Junction in April. We still have five more months to go so if anyone else has any idea of things we can do, let us know. We’ve done ski trips and then Kathleen also has Canada games passes for youth and families. If you guys need information on the you can see Kathleen at her booth. Every department - we’ve been asking that they do some sort of recognition or supporting the youth in some way so all the different departments may have stuff that I may have missed. We still have a couple of months and I’m hoping that we can go to the Dreamcatchers conference. I don’t know if they have it anymore but things like that we would like to see. We also have them go to Council of Yukon First Nations meetings, will hold an election in the fall for youth and elder. We will be sending youth to that. That’s it.

TIM CANT said thanks Christabelle. We have Sharon with her hand up. Sharon?

SHARON KABANAK said while you are doing recognition, I’d like to mention that two of my granddaughters got silver medals in soccer in Yellowknife. My 12-year-old granddaughter got top rifle shooting in Canada. She got a gold medal for that. So, we got four gold medals in the family this year; we need recognition for adults. I think it’s good to give the kids at pat on the back too.

TIM CANT said congratulations there. Anybody else want to comment about the year of the youth? And what Christabelle has presented?

ALYCE JOHNSON said thinking about the year you the Kluane Lake School has been fundraising all year as we do every year. This year we are wanting to take the students, 95% students a majority is Kluane First Nation citizens. We’ve been fundraising and we have the support of Wade Istchenko, the MLA. We would like to take them to the 2018 Junior world hockey in Vancouver and spend a couple of days there so we are working on that as well. We are looking for support from Kluane First Nation.

TIM CANT said go ahead Christabelle.

CHRISTABELLE CARLICK said one more and there was a CAIRS workshop in Whitehorse and we sent a bunch of youth and people from Burwashh and people from Whitehorse and I know that when they had that workshop that a lot of other First Nations for really happy to see Kluane First Nation was one of the only ones who brought in people there and everyone was really happy at that caucus that we have those young people come.

TIM CANT said Alyce, what was that trophy from the 21st celebration? You had that little girl walk up to the front with? She just graduated from… she knocked the socks off the place. You really rocked the house with that.

ALYCE JOHNSON said thank you; it’s starting them very young.

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TIM CANT said you cannot. Tosh?

TOSH SOUTHWICK said I had to the first the activities that KFN has been putting for the youth have been amazing. My kids wouldn’t have learned how to snowboard if it wasn’t for KFN. I really and truly appreciate that and would love to see that continue. Secondly, I think one of the things we’ve discussed before is the first nation but it being the year of the youth it might be a good idea for KFN to implement a procedure where every time a KFN citizen is born they are automatically enrolled into a registered education savings plan. Other nations do that on the idea is KFN would match. If we can set kids up with $15,000 for school it’s important. If we take that initiative on that - we are setting up our citizens firm success. I will be putting forward a motion to that effect.

TIM CANT said excellent. Okay Marissa,

MARISSA MILLS said I’m really happy to see that year of the youth has been added to the strategic plan for council. So, thank you for that. I do see it in the programs in the wellness department we’ve had a young women’s camp and that’s been really helping. I’ve been there and I’ve been seeing how it’s been helping our young women and it would be really nice to see something similar for our young men as well. I really want to talk about the youth Councillor position. I know from experience that it’s very difficult to be on there and we need to be setting up, we know what we need to be doing; we need to set up our youth well before hand to be in a position like that. We need to be getting the youth involved from a young age and that takes parents, that takes aunties and uncles and grandparents to encourage their young people to be getting involved with the government. It also takes making safe spaces for the them too. Right now, when I go and talk to young people they don’t want to be involved. They don’t want to be involved in working, they don’t want to be involved in coming to the GA. How many young people are hearing now? I really think it’s something that needs to be addressed and a couple of reasons why I think this is because some people don’t take the youth seriously. I’ve heard a couple of comments today about not taking youth who are young seriously and we need to start doing that because they will be the leaders in 10 or 20 years. Also, that they are people do not make safe spaces for young people because they get shot down they get verbally abused on that really needs to be addressed. I really think that there are a lot of situations and experiences that our young people have had with this type of verbal abuse from community members. It’s not is young people I know that you. So, I think for that there is a lateral violence education campaign that will hopefully be passed tomorrow and I think we really need to target the people who have been doing this lateral violence to a lot of people. Just from my discussions those are some of the reasons why young people do not want to be involved and do not want to be here. They do not want to be a part of the Youth Council. I think we need to also find strategic ways for the Youth Council to be involved. If not can operate the same as the Elders Council. It needs to be looked at. I know there was a direction to engage with the Youth Council and the Elders Council on their terms of reference and their sections within the constitution. I think that this has not been done yet so maybe, what my suggestion is that there be a youth gathering in the fall or winter where youth can discuss how they you can be more involved in the government. Also, discuss the barriers for youth involvement and bring in past youth counsellors or just have their input in some way just because I think for the last how many youth counsellors like three or four since I was in there I know that people do want to resign because of various reasons. I think we just need to find different ways to engage our youth. We are in a different world now. So, I’d really like to see a youth gathering happen. Thank you.

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TIM CANT said thank you that was great. You come forward with some strong messages. Thank you. Tosh?

TOSH SOUTHWICK said I appreciate Marissa’s words. I think Marissa is bang on in supporting youth. If there is a youth conference I am willing to assist with that and in know of some funds that are available right now. That conversation about the Youth and Elder position at this general assembly, I think there are problems and difficulties but it’s a source of pride for me that we have a seat where youth can vote. Not all of them do and I think we need to back that up with our support.

TIM CANT said thank you Tosh. Any other comments? Robin.

ROBIN BRADASCH said I wanted to talk about the recommendation I made for the constitutional amendment. It came from a place of what Marissa is talking about. Many of our youth have been through incredible loss. Kluane First Nation has been through incredible loss in the past couple of years but in particular our youth are carrying that and they are hurting and we need to find a way to bring them back into the fold and let them know, give them safe places, to let them know are are important and cared about. They are the ones who will carry us forward. We need to put all our effort into finding those places and holding them up. We have incredible young people who have done amazing things and many more who have incredible potential. We need to find ways to make them flourish. Anything I can do as a citizen to help I will do. We need to, as a community, find ways to hold our young people up and we need to put our huts and pains behind. When Marissa talks about lateral violence - it is a big problem in many First Nation communities. The first step to dealing with lateral violence is accepting that you have a lateral violence problem. We can’t continue to tear each other down. We have to find ways to build each other up. It doesn’t mean we can’t have differing opinions, it doesn’t mean we can’t have healthy debate – we need to do it in a respectful and loving way. Marissa is right; that’s why our youth aren’t here. They’ve seen us tearing each other down and they don’t want to come here, they are not interested in seeing that happen. We have to do better. That’s the reality of it. I was happy that they chose to go with the year of the youth and I’m glad all the departments are incorporating ways to bring youth in. It’s going to be frustrating because they are reluctant but we can’t give up. Thank you.

TIM CANT said thank you. Any other comments? Alright you’ve given great knowledge one your chief and Council, two to the Elders Council, to the Youth Council to the General Council to the membership. Living in Burwash for the nine years that I did I saw tremendous growth in this wonderful community. Your youth is your future and it’s a small community and it’s been a take everything - to take everyone in your community to make your land claims work - it’s a lot of work. But to grow your community you are talking about a school and that’s great I’m so excited to hear that that that’s a possibility now. Everything I’ve heard from your youth and from your college your federal department reps - you have a lot of supports here. It will just take a bit of work. The willingness of the people is here; if any community the can do it, it is this one. Two more items on the agenda.

14. Honorary Citizen Nomination

TIM CANT said there has been the nomination of an honorary citizen that has been put forward. I will bring your attention to the Constitution on page 26 on section 10 the honorary citizen - is in your package. It states that person not eligible for enrolment may become an honorary citizen. To nominate a person for honorary citizen at least 15 citizens must sign an honorary citizen nomination form. The nomination form may be approved or disapproved based on the following factors: the person is

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considered long term member of the community, the person has a special relationship with Kluane First Nation and its people, the person has worked towards the betterment of the Kluane First Nation’s community, the person has knowledge of and respect at the land and the traditional way of life, and the person respects the language and the spiritual and cultural traditions of Kluane First Nation. So, in front of me and I’m not sure how you want to approach this, we have the person in the room. Is Brenda here? Do we need Brenda here? Mary Jane if you would like to speak to this document I have the nomination form here. They have been signed by 15 recognized Kluane first nation members over the age of 18.

MARY JANE JOHNSON said the nomination for an honorary citizen was initiated by the Elder Councillor Keith Johnson. Keith spoke with me last night and said that he wasn’t able to attend this GA do to help. And that I would speak to the floor here. Brenda came to the community and has lived here off and on since 1981. Since 1981, Brenda has worked with over 3 ½ generations of young people in our community. She used to take them skiing and on summer activities. When you look at that kind of work that Brenda has contributed and the growth of the young people, I think that her contribution and with this nomination is a way to honour her and her contribution to the growth of each of the children she has interacted with.

TIM CANT said okay. Its in your constitution for this to happen. The application has all the signatories. She meets all the criteria set out in the constitution. What we would usually do – we can have discussion on this or do a secret ballot.

MARY EASTERSON said we had a lengthy discussion this morning. I believe we were going to review this process. I would suggest we table this until we come back with some kind of discussion paper. Mary Jane wasn’t here this morning but we did have a discussion about honorary members. Some time we may have a growth of honorary members and it might become quite high. So, I ask we table this matter and have some review of that situation.

KLUANE MARTIN said I also had tried to promote a little more for our honorary citizens this morning. I met a lot of comments from other people and I felt I was put down. I feel that if I couldn’t help the honorary citizens that we already have, why are we implementing more honorary citizens? I would like to see that put to bed until this is settled. And then put her on our agenda to be honoured when this is settled. We left the situation this morning unsettled. I would like to see it put aside until we get proper rules and regulations.

TIM CANT said today’s discussion was on benefits in the constitution. What came out of that was Chief and Council are going to develop a policy for honorary citizens. What you have is a duly called nomination form. It follows every clause in the constitution. So, there are two different components here. We will move forward with a secret ballot. That is separate to what you dealt with today. This process is addressing section 10.2 of your constitution. This is going to go to a vote and everything else can be worked out afterwards.

MATHIEYA ALATINI said I just wanted to support the idea that benefits is a separate idea. I want to support her nomination. She’s had such an impact on youth in our community. I remember when she first came to the community and it’s been a long life of being very committed to the community and ensuring her son, Nick, my cousin, are supported and immersed in our culture and way of living and committed to growing up in a good way. I think that especially after listening to our Council speak about the year of the youth, that Brenda really embodies that action through a loving and kind nature. I’m

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honored to second that nomination. I don’t think the discussion of benefits should preclude the honouring of those committed to our citizens.

TIM CANT said we will move to a secret ballot a vote on “yes” or “no” to accepting the nomination form as written. The nomination is for Brenda Carson to be an honorary citizen of Kluane First Nation. We are asking everyone to vote. If there is anyone outside that would like to come in and vote.

A secret ballot was held: voting papers were distributed, collected, and counted.

TIM CANT said you went to a secret ballot. 58% of the people said yes. You didn’t meet the 60% threshold. The honorary citizen did not get voted in by the general assembly.

15. 2017 KFN General Assembly Minutes

TOSH SOUTHWICK said I don’t know who coordinated this general assembly but it’s getting better and better each year. I really like this booklet.

MARY JANE JOHNSON said if we pass the minutes, we can have a review and pass it back to Council.

TIM CANT said if there are typos that can be cleaned up. But if there are any errors in what people said those are the things we are looking for.

ALYCE JOHNSON said Sharon isn’t here to discuss this, but she mentioned that acronyms need to be spelled out.

TIM CANT said that’s great Alyce. I will give you a couple more minutes. Is there any opposition to pass these minutes? Is there any opposition or disproval to these minutes? Alyce Johnson and MaryJane Johnson will review and correct typos and fill out any acronyms that you have in the minutes. That was requested by members. I don’t see any opposition. I see this is passed by consensus of the General Assembly.

The following motion came forward:

Motion 3 To approve the minutes of the Kluane First Nation 2016 Annual General Assembly dated July 25 and 26, 2016 as amended.

Moved by Tosh SouthwickSeconded by Grace SouthwickPassed by Consensus

The meeting adjourned at 4:13 p.m.

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Day 2 – Sunday July 15, 2018

The meeting was called to order at 9:35 am.

TIM CANT said welcome back. We had a very productive day yesterday. We got through the agenda and then some more that was added. Congratulations. This morning we are going to be looking at the 2018 Kluane First Nation audit presentation and we have with us today Travis (Bryson) MNP Professional Chartered Accountants LLP. Formerly known as Warren and Company. Tim reviewed the agenda for the day. He said I’d like to invite Travis to begin presentation. We do have quorum.

16. 2018 KFN Audit Presentation TRAVIS BRYSON said thank you. As you know I am Travis of the firm MMP LLP I’ve been coming here for 7 or 8 years now and happy to continue this relationship. I thank you for continuing to have trust and faith in us. We love our work with your organization. I will start by saying thank you to MaryAnne (Carroll) and the staff in the finance department. We walked in to start the audit and the records were in great organization. MaryAnne really had everything sorted out and every time we had a question she knew the answer. She made our job very easy, so thank you very much for that, MaryAnne. The report is on the board but there are paper copies as well. I want to start with our auditors’ report. There is a small qualification to our audit; this year, the development corporations’ statements were not audited so we can’t be sure that they are perfect. So, we hold back our opinion in respect to that balance. That being said, you have already gone over those financial statements on their own. That’s the only real qualification. Going to consolidated statement of financial position.

KLUANE MARTIN said is this financial statement audited and finalized?

TRAVIS BRYSON said these statements are audited. The only exception is the investment in business entities. Because their financial statements were not audited, we cannot comment on that.

KLUANE MARTIN said it is our privilege that we can request copies? I did request a copy yesterday and I’d like to see a copy. It’s an obligation on your part, thank you.

TRAVIS BRYSON said yes, we take that financial obligation seriously and the financial statements were provided. There are copies of the statements. We did get copies and we did review those and roll those numbers from those reports into ours. Crowe-McKay is the auditor on those statements.

KLUANE MARTIN said I was told we spent $7 million just looking after our citizens at here at KFN and I’d like to know where those dollars are going. Thank you.

TRAVIS BRYSON said the explanations on the First Nation itself are on the next page. These statements are approved by your Chief and Council. Travis reviewed the Kluane First Nation Audited financial statements for the year ended March 31, 2018. Travis said we will open the floor to questions.

ALYCE JOHNSON said under schedule 4, when you look at repairs and maintenance in Public Works, we see the amount of the work delivered is less than expenditures for salaries and benefits, down from last year.

MARYANNE CARROLL said that’s the budget.

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GLORIA JOHNSON said I was wondering about CMHC. I’m not really into numbers and stuff – I just wanted to know about CMHC and how that works. Also, Kluane First Nation has a lot of vehicles. Are those vehicles divided by every department?

TRAVIS BRYSON said CMHC in broad terms will provide the loans for you to build social housing on a rental income basis. So, if someone’s income is lower they pay a bit less rent. For the loans to buy those buildings, they will have a loan and it’s social housing. They don’t fully charge the market rate as compared to a traditional mortgage. Currently there are $840,000 of those mortgages out. It’s reasonable in this situation. In a lot of cases banks wouldn’t be involved in those. CMHC fills that gap. The problem is they make you do things do things in different ways. But they help build social housing.

GLORIA JOHNSON said I was just wondering CMHC Social housing – we have less than 80 buildings. Mostly residence. We have garages, admin building, Jacquot building, CMHC is responsible for all that? No? Social Housing. So, who has those houses and are they paying rent?

CHRISTABELLE CARLICK said those are the houses in Copper Joe. CMHC gave us the loan years ago to build the houses and then they also give us money every month for replacement and reserve and that money goes back and pays the loan. There is some rental income that goes towards those loans.

GLORIA JOHNSON said so those people get to own those houses after 30 years?

CHRISTABELLE CARLICK said no. That part hasn’t been worked out yet. It’s the same as those houses that were built in 1990/1991. The houses that are being built now

MARY JANE JOHNSON said a few questions. On the restricted funds that you spoke on in regards to CMHC that is clear. But there are also restricted funds from Aboriginal Language Initiatives. I want to make sure we have a note in regards to the restricted or designated funds. There has been negotiation on PSTAs and FTAs. When will that income be realized? The next one I had was on taxes. The nation pays taxes on every single building on settlement lands. When the insurance people were out here they were asking about cabins at Big Arm, tent frames at Wolverine Creek. When did they decide to not pay taxes on those cabins and structures? Are we within the guidelines; have we been offside at all in our financials?

LISA BADENHURST said the money from PSTA and FTA money comes in as soon as it is signed. PSTAs get negotiated annually. The FTA – you are alluding to the fact that KFN’s FTA will be up in 2020 and KFN has begun negotiations on that.

GRACE SOUTHWICK said KFN does not pay taxes on anyone’s cabin or structures for traditional use. We do have them insured, like the stuff we have at Big Arm but that doesn’t mean we get taxed.

LISA BADENHURST said FTA is Financial Transfer Agreements and PSTA is Programs and Services Transfer Agreement. You don’t see them as individual payments, but it comes in under your core funding.

CHRISTABELLE CARLICK said we are not offside on our Own Source Revenue.

LISA BADENHURST said there is a moratorium on Own Source Revenue right now. It ends this year, we are strenuously asking the Canadian government to maintain the moratorium until gaps are closed.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 40 of 62

Page 41: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

TRAVIS BRYSON said you say in prior years we had details in the notes. The information is available and we can provide that as a separate schedule or we can provide that information.

ALYCE JOHNSON said I’m looking at the social housing operation. Page 4. It looks like rental income is down and how many houses do we have for rent?

CHIEF DICKSON said these are the houses at Copper Joe. We currently have 15 houses for rent. In the Section 95 program money comes in and money goes out.

ALYCE JOHNSON said where is the money for the rental housing for INAC housing?

CHRISTABELLE CARLICK said the only people paying rent are non-KFN citizens. If we were to go into it right now, everyone living in a CMHC house would be paying rent. Including Elders.

ALYCE JOHNSON said yes and I just wanted to know if it is reflected in the financial statements as rental income.

CHRISTABELLE CARLICK said we had to produce these specific audit papers for CMHC to continue the program. If you look at the page 16; public works, you will see the rental income. It’s down by $9,000 but we had a few of our people move out this year.

TRAVIS BRYSON said on the CMHC side, that rental income is geared to the renter’s income. If their income drops, that rental income drops as well. Occupancy plus individual – there is a formula that it is based on.

TIM CANT said thanks. Next, I have Grace.

GRACE SOUTHWICK said good morning. I see utilities have gone down by $41,000. I find that incredible. What are we doing? Is this the solar panels?

CHRISTABELLE CARLICK said a year ago, I checked the financials and noticed that they were going in by half. We are supposed to do a review after one year and I noticed the big drop too and I think it has to do with those solar panels. I think that’s what it is.

TIM CANT said congratulations on that. That’s really paying off, folks.

GRACE SOUTHWICK said I’m quite concerned with Public Works travel and vehicle. I don’t want to get into this, but I do take issue with KFN vehicles going home for coffee, going home for lunch – we are paying for these people to go home for breaks. It’s not just going to Burwash, it’s going to Destruction Bay. It’s unfair. We are paying for the gas for people to go have lunch and coffee breaks. It’s out of hand. I will put a motion forward.

CHIEF DICKSON said currently the director of public works is working on this. It’s a concern that Keith is working on right now.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 41 of 62

Page 42: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

CHRISTABELLE CARLICK said I notice this as well. I’ve been tracking it for the last couple of weeks. I have brought it up – it is being addressed. It’s going to be addressed at the executive level and the public works level. It is going to stop.

GRACE SOUTHWICK said the reason I want a motion is that is comes back to this table and because then it will be dealt with. It’s gotten worse. That’s why I want a motion.

TIM CANT said thanks. We’ll look into a motion.

ALYCE JOHNSON said I’m not sure if this can be in the policy – KFN staff purchasing alcohol in a KFN vehicle during work hours. Because I’ve witnessed that; I’ve seen it.

CHRISTABELLE CARLICK said these are both in the Human Resources policy. It has to be reported in writing. At the break, if you want a motion, we can write that up.

TIM CANT said thank you. We have Gloria.

GLORIA JOHNSON said I was just wondering – a lot of people have witnessed different things with vehicles. I have, too. Do we have to go down and do an incident report? Is that something we have to do? A lot of us have witnessed this but we don’t say anything.

CHRISTABELLE CARLICK said in our Human Resources policy we have an incident report or write a letter. Once it’s on paper it’s tracked and has to be dealt with.

KLUANE MARTIN said I was given to understand that people are subleasing and collecting rent on houses. Are there rules and regulations surrounding this?

GRACE SOUTHWICK said there is no subleasing allowed. If this is happening we need to deal with it.

MARY JANE JOHNSON said I’d like to go back to the financial statements. On schedule 4 there is repayment funding – is that from a project? The other one I wanted to ask about was in regards to revenue of repayment of GST. It seems we pay a lot more GST than that amount.

CHRISTABELLE CARLICK said that is the repayment from, like when taxes are deducted from my paycheck and everyone’s paycheck, these are those funds.

MARY JANE JOHNSON said are we still getting a payment amount from Government of Canada?

CHRISTABELLE CARLICK said October 2017 was the last year of the payment. It won’t be in there anymore.

GLORIA JOHNSON said I wanted to make some clarification at this GA. A letter was made that there is a sublease and apparently the recently Elders Council meeting that reference was me; that I was subleasing. I do not sublease to anyone. Many years ago, I had young people that didn’t have a place to stay so they stayed with me. It wasn’t in the form of rent, it was SA for food and rent. That’s not a sublease. I do a lot of volunteer work, with my own family, helping them. I wanted to make that clear right now. Recently I had to charge someone $250 for damage. I could have charged them $1000 or more. I have to replace or cover costs of damage out of my own pocket. I don’t ask these kids. They have

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 42 of 62

Page 43: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

problem and don’t have much. Whoever is saying I am subleasing my place; it’s not true. I don’t charge rent. I help people.

TIM CANT said I’d like to call this discussion to a close. I’m calling question Is there any opposition to the finances as they have been read? I see none, I call the financials passed by this general assembly.

Motion 3 to accept the 2018 Kluane First Nation Audited Financial statements for the year ended March 31, 2018 as presented.

Moved: Tosh SouthwickSeconded: Alyce JohnsonDecision: Passed by Consensus

TRAVIS BRYSON said thank you. I look forward with coming up and working with MaryAnne on getting information.

TIM CANT said thank you.

Break

17. Resolutions TIM CANT said we will begin reviewing and processing resolutions. Three resolutions were moved yesterday. We need 30 members in the tent to vote on constitutional resolutions. Just to identify for the membership we need to know what the title is.

MATHIEYA ALATINI said these were read yesterday. You were given 24 hours to make comment. We have time now to ask any questions. These are questions on the administrative changes to the constitution. It is in the package after the minutes.

ROBIN BRADASCH said this is the one I read into the record yesterday. These are administrative changes to the constitution and rules of the people act. These are minor. This is just to make it clear that the GA and Council can amend acts and pass them. In the acts it wasn’t clear that they were responsible for both. We are making that clear and tracking a little bit. And the change for the mailout to 60 days. Has everyone found it? Like I said there are three constitutional amendments. We will do them one by one. Are there any questions with regards to resolution number one?

MONIQUE MARTIN said my question is dealing with amendments 5 and 6 – it almost seems like they contradict one another.

ROBIN BRADASCH said that’s an overall general authority. The section 97 is specific to the rules for the people act.

ALYCE JOHNSON said for clarity purposes, if we could have the words in order. The way it reads here is pass, amend and repeal. In a process you amend, repeal before you pass it.

ROBIN BRADASCH said you pass the act first, then you can amend it or repeal it.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 43 of 62

Page 44: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

MONIQUE MARTIN said I’m looking at the amended 5 and amendment 2 – just with the charging Council with the ability to amend laws. There are now procedures for consultation and now we are looking at actual law – are there procedures for Council to do these amendments?

ROBIN BRADASCH said in the rules for the people act is attached to the constitution. Again, we are not giving anything new. They can pass laws and amend it, too. We are making it clear that the body that passes the law in the first place is the body that can amend or repeal that law. Only the body that passes the act can amend the act. All we are doing is adding one word.

MOATHIEYA ALATINI said if Council had the authority to pass the act in the first place then they have to authority to amend it as well. When a law is passed by the assembly, they are the authority to amend it.

MONIQUE MARTIN said so Council can make amendments?

ROBIN BRADASCH said section 7 is the GA section and section 8 is the Council section. It’s the same amendment to each of the legislative authority sections. I think some of this is just eh way we’ve presented it.

KLUANE MARTIN said I think that gives the Council an awful lot of power if they can make laws. Our laws are strong ties for our community and I can see them amending, maybe, but not the power to enact, amend and appeal and they will control our lives to that extent

MATHIEYA ALATINI said maybe it will alleviate you minds if we review the constitution. Mathieya referenced KFN Constitution, Section 8.12 (h) and section 7.17 (a) to (i). I can’t think of a law that we could create outside of the assembly. By-laws, maybe. There is not a lot that would affect KFN government that would be created outside of the General Assembly. This says that if a law is created by the assembly, it is their job to amend the law, it would not be brought to Council. That is the same for Council. If there was a by-law that was created that Council passed they would be responsible for amending it. We have four laws and we assume that it would have to come to the assembly for amendment, but it’s not spelled out.

MONIQUE MARTIN said when it deals with the general assembly I see that the authority is spelled out in the constitution but it’s now the same for Council.

ROBIN BRADASCH said the intent is that everything that is not specifically spelled out is – for the GA, all other jurisdiction lies with the council. it’s purposely done that way. If it’s not spelled out that the GA has authority then it lies with Council.

MATHIEYA ALATINI said we have two legislative bodies within our Government: the assembly and Council.

ROBIN BRADASCH said this is the only Council that holds legislative authority.

TIM CANT said question has been called. is there any opposition to this resolution? is there any opposition to this resolution? is there any opposition to this resolution? Are there any abstentions? Are there any abstentions? Are there any abstentions? I see none therefore I declare this resolution passed by the assembly.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 44 of 62

Page 45: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

MATHIEYA ALATINI said for the record can we have a count of citizens in the room?

TIM CANT said 33 members have their hands raised.

KFN Resolution #2018-01 Administrative Changes Moved: Grace SouthwickSeconded: Marissa MillsDecision: Passed

ROBIN BRADASCH said yesterday I read in resolution number 2. Council brought forward this resolution – it’s straight forward. It would apply to the next Council, not to this Council.

KLUANE MARTIN said I think we discussed this yesterday. I am of the same opinion. I think a three-year term is sufficient. I just want to go on file repeating what I had said yesterday.

MARY JANE JOHNSON said over the years, I believe the first time this kind of time frame was when Bill Blair was the Chief for KFN. At that time, we had a four-year term, it went down to a three-year term, it went down to a two-year term and then back to a three-year term. We need to go back to think about why we went to a three-year term. The territorial government and federal government go on a four-year term. We can’t keep fluctuating back and forth and revisiting an item which has been revisited, at least, this is the third time this change is being proposed. I am with Kluane in saying that a three-year term is sufficient.

MATHIEYA ALATINI said I think we have to start – I am in support of a longer term. We are no longer an Indian act band. We are a self-governing nation and we have a lot of things we are responsible for. In order to have consistency we need stability in our government. The first nations that are successful, economically sufficient and viable nations, those nations have leadership that have been in for 10 or 15 years. We have to start thinking in that respect. We have to get away from the Indian Act. We need stability. Doing things in a three-year term – you have a new Council that need to learn the ropes, a new strategic plan in the second year and third year is an election year. We don’t need more division in our community. We need to look at creating stability and we need to start thinking long term. I can stress how important that is to strategically moving our nation forward.

MARY EASTERSON said I’m against this motion. I feel that we have Councillors that are there for three years. They have ample time to look at what happened in the past. Some are repeat Council members. They have a history that they should have looked at before they even got into Council. In three years, that’s adequate time for them to step up to the plate and move things in this community.

CHIEF DICKSON said one of the reasons we wanted – there never was a four-year term at KFN. One of the reasons we brought this forward was so that we can look at long term planning and stability. A lot of the times the banks come to the first nation and if they look at the government. If they are changing direction every two or three years – it doesn’t …

TOSH SOUTHWICK said I agree with some of the things said about good governance and stability. You get there by making sure you create that by… and then you get back in. how do we bridge the divisions that cause the … at election time. And then I think you get consistency.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 45 of 62

Page 46: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

TIM CANT said I have spoken to the mover and seconder and they have agreed to withdraw this resolution and there will be further review. We will move on to the next resolution. Thank you.

KFN Resolution #2018-02 Council Election TermMoved: Christabelle CarlickSeconded: Marissa MillsDecision: Withdrawn

ROBIN BRADASCH said we will include this in our review. Resolution number three I read into the record yesterday as well. This is making a minor change to section 14.1 and 14.2 of the resolution. The constitution defines what is unfit. This is for consistency.

MARY EASTERSON said how are you going to define unfit. Is it defined somewhere?

ROBIN BRADASCH said it’s in the book. If you look on page 14. Robin referenced section KFN Constitution 14.2

KLUANE MARTIN said I thought this resolution went through last year.

ROBIN BRADASCH said last year we amended the elections act, and this is just to ensure the two are consistent.

TIM CANT said any other questions or comments? Is there any opposition?

KLUANE MARTIN said we used to have a policy that it was a verbal, written and then removal. I think that should come back into affect because we are trying to promote our members to come back to KFN and help our citizens to have a better life and move ahead in their lives. Then all of a sudden last year we had people getting fired for no reason at all. I’d like to see that process back into place for KFN members that are working. I think this should also be covered under the 1,2,3.

ROBIN BRADASCH said this resolution is only for the removal of Chief or Council. I imagine the personnel policy speaks to that.

MONIQUE MARTIN said within the KFN Personnel policy those steps are included, there is also a section in the rules for the people.

ROBIN BRADASCH said Monique is right, I’m not sure the number. Again, this is specific to Chief and Council. If there are issues dealing with personnel, I suggest you forward that to Chief and Council.

TIM CANT said any other questions?

SHARON KABANAK said I’d like to know what policy when a member might see the Chief and Council unfit to do their job. Not one specific person, but there are ways of finding out what Council is doing, but there are investigations. There have been articles in magazines which are insensitive. A lot of this stuff could be reported to the RCMP. Under the privacy act if there is an investigation going on C&C has no right to publicize anything about KFN members. They might be an authoritative policy, but there have

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 46 of 62

Page 47: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

been a lot of grievance. When people speak up to be in leadership and keep talking and have youth listening to them. I think its good that. Unfit is a hurtful word and I hope you use words like wellness.

MATHIEYA ALATINI said to answer the question about if a citizen found a Council member, 14.3 addresses that concern.

ALYCE JOHNSON said I just wanted to remind the chair that when we have a discussion on legislation that we remain on topic.

TIM CANT said are there any more questions or comments specific to resolution 2018-03? I see no other questions. Is there any opposition to the resolution? Is there any opposition or abstentions?

ROBIN BRADASCH said can we do the same thing – citizens put their hands up for the count.

TIM CANT said 33 people have voted. So, this resolution passed by consensus. Thank you.

KFN 2018 #2018-03 Grounds for Removal Council MembersMoved: Tosh Southwick Seconded: Mary EastersonDecision: Passed by consensus.

TIM CANT said let’s go to (the next resolution).

MATHIEYA ALATINI said we will be doing a review process. There are already some points that George has brought forwards in regards to numbers, so we will include that in our review.

Note: Resolutions 4 and 5 were discussed and voted on July 14th and are available earlier in the minutes.

Tim Cant read resolution #2018-06, “Elected Positions Holding Director or Manager Positions within KFN”.

CHRISTABELLE CARLICK said there a bunch of issues. This comes up every couple of years. It always gets withdrawn or thrown out. If you look at the people sitting on Council. I am sitting on four other committees. I am here because my heart is in it. I don’t base my decisions on my personal. And you are going to have to put every Councillor on full-time payroll because there is no other place to get a job. It’s the same thing over and over. If I’m not sitting on Council, thank you Robin, Mathieya, and Becky. I don’t agree with this. I think it’s wrong and I’m asking for it to be withdrawn.

TOSH SOUTHWICK said first I want to apologize to George. I agree this resolution should be withdrawn. First of all, it doesn’t make sense. This will tie our hands with who can run for Council. I do agree that Elected Council cannot be Executive Director. Lastly, I would say we have to be cognizant with capacity. We only have a certain number of citizens and positions. I agree with withdrawing and put back in as a modified version.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 47 of 62

Page 48: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

CHIEF DICKSON said some first nations have paid political positions. KFN is the employer in this area. If you don’t want … we will have to start paying Councillors. I’m against this resolution.

ROBIN BRADASCH said I think we all understand that this makes sense. If we had the luxury of thousands of members then we can make this work. Those persons who live in Burwash, if they can’t work for KFN then they can’t live here. If you make this resolution then all the Councillors will not live in Burwash. It’s a trade off. I too feel like I would like to make this work but in reality, it’s not going to work. You do have a conflict of interest policy so maybe we can get that information out there to bring comfort to how decisions are made. I feel like we limit the best of our best if we do this. Having them make the choice..

GEORGE JOHNSON said I speak against this motion. I agree with what everyone is saying here. We are too small and I think it’s critical for Councillors to hole these positions because that creates – the Councillors are in at the staff level and they see the day to day operations and how KFN operates and limiting a Councillor to either be staff and you have a director position that is open is ridiculous. It’s not good for the wellbeing of KFN. Of greater importance for me is to have councillors that live in the community. In the past we’ve had Councillors living in Whitehorse and you only see them once a month. You have no continuity for the people. If you want to run for Council, you’ve got to live in Burwash. Trying to operate a government from afar, you might think you are doing a great job but at the community level you don’t get the big picture.

KLUANE MARTIN said when we had another citizen taking three positions and trying to do three different jobs and two of them were jobs in authority, by the time they got through they were so exhausted with so much going on. I’m sure that they wished they hadn’t applied for that. If they are going to work for KFN, which is obvious that they need to, if they are in a position of management then they should drop their position as a director and hand it to the second in command. This is what happened in the previous government. That gives a little more credibility to them, and to management and to the job they were previously holding. You can’t do three management jobs at once and expect proper control. If this has a little more body to it – you can’t do three jobs in charge. People will end up asking questions. I don’t want to see it removed because something has to be done.

CHIEF DICKSON said in the past I was the acting Executive Direction for a few years. I wasn’t on Council back then, but what happened, when I took that position, in our department we assigned a person to be acting executive director in our place. That is what you are looking for. Some of this gets passed on to another member.

MARY JANE JOHNSON said the first where as is wrong – an elected official can hold a position as a manger or director. The other thing I wanted to look at – we tried to do portfolios and it didn’t work. I don’t want to see us going back to that. There is a very clear conflict of interest policy and ethical code the Council is swearing to. I think the people who work in the office are conscious of the fine line between what you do as a Councillor and as a manager. We’ve done this for a while. It’s not something new. Over the years we’ve made sure the Council members are adhering to the conflict of interest and the code of conduct. We are not looking at 12 people here in director positions. I would support the people that have already stated in regards to removal of this as a resolution put forward because of the errors.

GLORIA JOHNSON said I know this has come up in the past. The reason it keeps coming up – we have to do something about this situation. We’ve seen so many things happen that created a conflict. At the Elders Council it’s been brought up a number of times. In the past there was a policy that if you are on

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 48 of 62

Page 49: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Council then you can’t hold a director position. I think it was a Human Resource policy. I agree we have a capacity issue. We are southern Tutchone. We have direct relatives in Haines Junction. We can look outside of Burwash Landing. We have a lot of relatives and southern Tutchone people that do need jobs. There are things that you can look for. It was good that there were too many conflicts. It keeps coming forward because it’s not been resolved. I know the northern Tutchone people have Chief and Council and they are political and they get paid for it. That’s their job. The northern Tutchone people have three nations. Let’s look at another structure like the northern Tutchone people have done for quite a while. Perhaps to not throw out this resolution because it keeps coming forward. So maybe we can bring this back to the resolution committee to review this resolution and to come up with another resolution that would strengthen perhaps the conflict of resolution policy. We have conflict of resolution in our Elders Council. I think it’s something we have to look into. I know our population is small. We have youth that aren’t coming back to the community. These issues will come back every year. We will have to revamp this resolution and look at other alternatives.

TIM CANT said are you willing to withdraw?

GLORIA JOHNSON said I’m asking this resolution be re-written.

MARY EASTERSON said I seconded the motion because I really believe there is a problem with Council members being staff and executive director. There seem to be no clear rules when Council members are employees. I think the problem – we have a problem we need to fix. I know there is a capacity issue but we still need to hear the lines of authority. Perhaps the problem is that we need to look at a different system in terms of executive director. Maybe that’s an avenue we can look at. It’s a conflict of interest. I’m willing to table this motion but I think it needs to be reviewed and looked at because it is a conflict for staff and community.

TIM CANT said are you, as the seconder, willing to withdraw this as it is written currently?

MARY EASTERSON said I think it has to be rewritten. We’ve dealt with it in the past but it needs to be reviewed.

TIM CANT said there is not consensus for or against this and I will call for a vote. If everyone can put up their hands. I’m asking that this goes to a vote. It’s a democratic process, so I will call for a vote. I’ve asked everyone to raise their hands. I have 2 people in favour. Who is not in favour as it reads. Please raise your hand. Any abstentions to this resolution? 22 against. 7 abstentions. This resolution has been defeated by your membership.

KFN Resolution #2018-05 Elected Positions Holding Director or Manager Positions within KFNMoved: Gloria Maureen JohnsonSeconded: Mary EastersonDecision: Defeated

Lunch Break

TIM CANT said I was approached to go in camera for the remainder of the resolutions.

Motion 4 To go in camera at 2:00 p.m.

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 49 of 62

Page 50: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Moved: Christabelle CarlickSeconded: Sharon KabanakDecision: Passed by consensus.

The following resolutions and motions were discussed and voted upon during the in-camera session:

Resolution #2018-07, “Elders Liaison Coordinator”.

KFN Resolution #2018-06 Elders Liaison CoordinatorMoved: Gloria JohnsonSeconded: Sharon KabanakDecision: 6 in favour, 10 opposed, 8 abstained. Motion Defeated

KFN Resolution #2018-07 Elder Appointments to Boards and CommitteesMoved: Maureen Gloria JohnsonSeconded: Sharon KabanakDecision: Withdrawn

KFN Resolution #2018-08 Lateral Violence Education CampaignMoved: Tosh SouthwickSeconded: Marissa MillsDecision: Passed by Consensus

KFN Resolution #2018-09 KFN MOU with Yukon Government Moved: Alyce JohnsonSeconded: Mary EastersonDecision: Passed by Consensus

KFN Resolution #2018-10 KFN 101Moved: Alyce JohnsonSeconded: Mary EastersonDecision: Passed by consensus

KFN Resolution #2018-11 Academic Summer Camp for primary/secondary studentsMoved: Alyce JohnsonSeconded:Decision: Withdrawn

KFN Resolution #2018-12 Review of KFN Social Assistance RatesMoved: Mary EastersonSeconded: Agnes JohnsonDecision: Withdrawn

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 50 of 62

Page 51: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Kluane First Nation Annual General Assembly 2018“…in a spirit of gentleness and cooperation” Page 51 of 62

Page 52: kfn.ca  · Web viewCHIEF BOB DICKSON said good morning everyone. Thank you for coming out today and attending our annual General assembly. Over the last year we’ve been pretty

Motion 5 To reappoint Robin Bradasch, Mathieya Alatini and Robin Chambers to the resolutions committee for 2019

Moved Christabelle CarlickSeconded Grace SouthwickPassed by Consensus

Motion 6 To end in camera at 3:45 p.m.Moved Tosh SouthwickSeconded Grace SouthwickPassed by Consensus

18. Closing Remarks/Adjournment CHIEF DICKSON said thank you to everyone for showing up here today. Thank you to Tim, our Chair. Lucy-Anne, our minute taker. Our Cooks, Bonnie Chambers and Lilian Underwood. Helpers: Marlee Firth and Michelle Scott. Maintenance Owen Miller and Doug Danroth. Day camp: Sene and Asheya Underwood and Lenita Alatini. Sound, Cortland Flumerfelt. I’d like to thank our executive, Becky, Rhianna and Marissa. All the Public Works staff who set the tent and get the grounds ready for us. All the citizens in attendance for being here. Janice for driving the Elders. And all the staff and visitors that showed up. Thank you for making this a success. Before we leave, I’d like to invite everyone here to our Elders gathering. Once again, thank you to all the citizens.

The meeting adjourned at 3:45 p.m. and a closing prayer was said by Mary Easterson.

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2018 Motions and Resolutions

Motion 1 To accept the Kluane First Nation 2018 Annual General Assembly Agenda as amended. Moved Mary EastersonSeconded Alyce JohnsonDecision Passed by consensus

Motion 2 To accept the General Assembly Rules of Order as presented.Moved by Grace SouthwickSeconded by Sharon KabanakDecision Passed by consensus

Motion 3 To accept the 2018 Kluane First Nation Audited Financial statements for the year ended March 31, 2018 as presented.

Moved: Tosh SouthwickSeconded: Alyce JohnsonDecision Passed by consensus

Motion 4 To go in camera at 2:00 p.m.Moved Christabelle CarlickSeconded Sharon KabanakDecision Passed by consensus

Motion 5 To reappoint Robin Bradasch, Mathieya Alatini and Robin Chambers to the resolutions committee for 2019

Moved Christabelle CarlickSeconded Grace SouthwickDecision Passed by consensus

Motion 6 To end in camera at 3:45 p.m.Moved Tosh SouthwickSeconded Grace SouthwickDecision Passed by consensus

Resolution # 2018 – 01 ADMINISTRATIVE CHANGES

WHEREAS:A. The KFN Constitution does not clearly state which legislative bodies have the authority to amend

legislation; B. Notice for constitutional amendments proposed by Council in article 18.5 of the KFN

Constitution should match the notice for a General Assembly in article 7.6;C. The Constitution Committee recommends that there be an odd number of Citizens appointed to

the Committee; andD. The authority to amend the Uk’à Dàts’älay (Rules for the People) Act is also not clear in the Act.

Amendments to Kluane First Nation Constitution:

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AMENDMENT 1Current:7.17 The General Assembly may pass and repeal Laws that apply to: […].

Proposed Amendment: add “amend” after “pass”.

New:7.17 The General Assembly may pass, amend and repeal Laws that apply to: […].

AMENDMENT 2Current:8.12 The responsibilities of the Council shall be to: […] (h) enact and repeal Laws as permitted under

this Constitution.

Proposed Amendment: add “amend” after “enact”.

New:

8.12 The responsibilities of the Council shall be to: […] (h) enact, amend and repeal Laws as permitted under this Constitution.

AMENDMENT 3Current:18.5 […]. The public notice shall be issued no less than 60 days prior to the date of the General

Assembly.

Proposed Amendment: replace “60 days” with “6 weeks”

New:18.5 […]. The public notice shall be issued no less than 6 weeks prior to the date of the General

Assembly.

AMENDMENT 4Current:18.7 The Council shall confirm a constitutional committee composed of four citizens who are

eighteen years or older […].

Proposed Amendment: replace “four” with “five”.

New:18.7 The Council shall confirm a constitutional committee composed of five citizens who are

eighteen years or older […].

Amendments to the Uk’à Dàts’älay (Rules for the People) Act:

AMENDMENT 5Current:

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s. 52 The Council and General Assembly each have the authority to enact and repeal laws under the Constitution.

Proposed Amendment: add “amend” after “enact”.

New:s. 52 The Council and General Assembly each have the authority to enact, amend and repeal laws under the Constitution.

AMENDMENT 6

Proposed Amendment: add s. 97.

New: s. 97 This Act is passed under the authority of the General Assembly in accordance with article 7.17(f) of the Constitution. Any amendments to this Act must be passed by the General Assembly.

AMENDMENT 7Current:s. 54 This Part will apply to the enactment or amendment of any Kluane First Nation law by the Council or the General Assembly, as appropriate.

Proposed Amendment: add “or regulation” after “law”.

New: s. 54 This Part will apply to the enactment or amendment of any Kluane First Nation law or regulation by the Council or the General Assembly, as appropriate.

THEREFORE, BE IT RESOLVED THAT: 1. The KFN General Assembly adopts the following amendments to the KFN Constitution and

the Uk’à Dàts’älay (Rules for the People) Act as set out in the “adopted” column below:

Amendment #1 Vote AdoptedConstitution For Against Total Percentage

1234

Uk’à Dàts’älay567

Moved by: Grace SouthwickSeconded by: Marissa MillsResolution: Passed by consensus

1

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Resolution # 2018 – 02 COUNCIL ELECTION TERM

WHEREAS:A. The Council feels the 3-year term is too short and a 4-year term would enable the Council to be more effective;B. Council would like to change the election term in time to be effective for the next elected

Council.

THEREFORE, BE IT RESOLVED THAT: 1. The KFN General Assembly amend the Constitution as follows:

AMENDMENT Current:8.10 All members of the Council shall serve for a term of three years, […].

Proposed Amendment: change “three” to “four”. New:8.10 All members of the Council shall serve for a term of four years, […].

Moved by: Christabelle CarlickSeconded by: Marissa MillsResolution: Withdrawn

RESOLUTION # 2018 – 03 GROUNDS FOR REMOVAL OF COUNCIL MEMBERS

WHEREAS:

A. Article 14.1 of the Constitution establishes mandatory grounds for removal from office and article 14.2 establishes discretionary grounds for removal; and

B. A mandatory removal of a Chief or a Council member should be based on what Kluane First Nation considers serious offences that could undermine the public confidence of the office and First Nation government;

THEREFORE, BE IT RESOLVED THAT:

1. The General Assembly amend the Constitution as follows:

AMENDMENT Current:14.1 A Chief or Councillor shall be removed from office if he or she:(a) fails to attend three meetings without just cause; or(b) is convicted of mismanagement of money or theft of Kluane First Nation monies.14.2 A Chief or Councillor may be removed from office if he or she:(a) is convicted of a serious criminal offence during his or her term of office; or(b) is seen as unfit […].

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Proposed Amendment: switch 14.1(a) with 14.2(a).New:14.1 A Chief or Councillor shall be removed from office if he or she:(a) is convicted of a serious criminal offence during his or her term of office; or(b) is convicted of mismanagement of money or theft of Kluane First Nation monies.14.2 A Chief or Councillor may be removed from office if he or she:(a) fails to attend three regularly scheduled meetings without just cause; or(b) is seen as unfit […].

Moved by: Tosh SouthwickSeconded by: Mary EastersonResolution: Passed by Consensus

RESOLUTION: 2018-04, COMMUNITY LAND USE REGULATION – ADMINISTRATIVE CHANGES

WHEREAS:

A) Grammatical and inconsistency issues exist within the Community Land Use Plan Regulations; andB) Administrative edits are needed to reorganize, clarify, and modernize regulations.

THEREFORE, BE IT RESOLVED THAT:

1. The proposed amendments to the Community Land Use Plan Regulations as shown in the attached document be adopted.

Moved by Tosh SouthwickSeconded by Mary EastersonResolution Carried

RESOLUTION # 2018 – 05 ELECTED POSITIONS HOLDING DIRECTOR OR MANAGER POSITIONS WITHIN KFN

WHEREAS:

A. An elected Kluane First Nation official cannot hold position of Director or ManagerB. An elected Kluane First Nation official may hold a staff position

THEREFORE, BE IT RESOLVED THAT:

1. That all elected Kluane First Nation Councillors cannot hold a Director or Management position to alleviate any conflict of interest situations;

2. That all elected Kluane First Nation Council are a political entity and there should be clearer boundaries and division between the political bodies and that the Kluane First Nation organization and governments;

3. That all elected Kluane First Nation may hold staff positions;

Moved by: Maureen Gloria Johnson

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Seconded by: Mary EastersonResolution: Defeated

RESOLUTION # 2018 – 06 ELDERS LIASON COORDINATOR

WHEREAS:

A. That the Kluane First Nation Government review the process of hiring a part-time Elders Liaison Coordinator

THEREFORE, BE IT RESOLVED THAT:

1. That the Kluane First Nation Government hire a part time worker to assist Kluane First Nation Elders Council to provide administrative support;

2. That the Kluane First Nation Elders has experience much deferred, unresolved items and delayed progress due to heavy work load of the Elders Counsellor;

Moved by: Maureen Gloria JohnsonSeconded by: Sharon KabanakResolution: Defeated

RESOLUTION # 2018 – 07 ELDER APPOINTMENTS TO BOARDS AND COMMITTEES

WHEREAS:

A. That the Kluane First Nation Government elect, appoint, rotate and direct KFN elders to various committee’s and boards;

B. That the Kluane First Nation Government set up an administrative system to determine KFN Elders expertise and experiences to reflect duties and obligations in specific committee’s and boards;

C. That the Kluane First Nation Government delegate a representative of KFN Elders expertise and experiences to meetings outside of the Yukon Territory;

THEREFORE, BE IT RESOLVED THAT:

1. That the Kluane First Nation Government establish a process for applying for all Boards & Committee’s;

2. That the Kluane First Nation Government determine what Boards or Committee’s to be allocated to Kluane First Nation Elders and to other community members;

3. That the Kluane First Nation Government post any vacancies and the process of applying for Boards and Committee’s;

Moved by: Maureen Gloria JohnsonSeconded by: Sharon KabanakResolution: Withdrawn

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RESOLUTION # 2018 – 08 LATERAL VIOLENCE EDUCATION CAMPAIGN

WHEREAS:

A. Lateral violence is a serious issue in indigenous communities including Kluane First Nation;B. Lateral Violence is a result of inter-generational trauma and is cyclical in nature and will

continue for as long as it is accepted;C. The cycle of lateral violence can be broken if a concerted effort is made to educate people on

what it is and tools to help step in and stop it;D. Kluane First Nation has a reputation as being a difficult place to work due to the lateral violence

that employees are subjected to and this is having an impact on Kluane First Nation’s ability to recruit; and

E. It is the responsibility of every Kluane First Nation Citizen to end lateral violence.

THEREFORE, BE IT RESOLVED THAT:

1. Kluane First Nation conduct a Lateral Violence educational campaign which may include workshops, posters, social media, training on how to intervene, etc.; and

2. The General Assembly calls upon every Kluane First Nation Citizen to learn about Lateral Violence, treat all people in a respectful and kind way and to intervene when they witness lateral violence.

Moved by: Tosh SouthwickSeconded by: Marissa MillsResolution: Passed by Consensus

RESOLUTION # 2018 – 09 KFN MOU WITH YUKON GOVERNMENT

WHEREAS:

A. Kluane First Nation has a Memorandum of Understanding with Yukon Government signed by both parties in 2015?;

B. this agreement defines the relationships between both parties and the responsibilities for educational directives for Kluane First Nation students;

C. Kluane First Nation does not have a strategic plan for education external to the draft KFN Strategic Plan (NOT SURE IF EMBEDDED in others);

D. The Yukon Government has implemented changes within education in 2016;E. Kluane First Nation continues to hold discussions with Yukon Government regarding the new

school to be constructed in Burwash Landing.

THEREFORE, BE IT RESOLVED THAT:

1. That Kluane First Nation reviews the Memorandum of Understanding to address the changes made by Yukon Government;

2. That Kluane First Nation consults with Kluane First Nation citizens and educators to develop a 5-10-year strategic plan for education;

Moved by: Alyce Johnson

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Seconded by: Mary EastersonResolution: Passed by Consensus

RESOLUTION # 2018 -10 KFN 101

WHEREAS:

A. Yukon Government employees are required to take a First Nations 101 course through Yukon College;

B. Kluane First Nation government employees who are not KFN citizens do not have such a required course to work in First Nations’ communities;

C. Kluane First Nation has held a three-week course in the past for Yukon College Social Workers Program over at Cultus Camp;

D. Yukon Government employees and teachers may have an expressed interest in traditional teachings and learnings;

E. Yukon Government has a Memorandum of Understanding in Education with Kluane First Nation.

THEREFORE, BE IT RESOLVED THAT:

1. Kluane First Nation develop and design a course (1-3 weeks) to meet the needs of the Yukon’s public service employees;

2. Kluane First Nation’s employees take this course to understand First Nation’s worldviews; and, 3. When new employees are hired, they must take this course within a two-year period.

Moved by: Alyce Johnson Seconded by: Mary EastersonResolution: Passed by Consensus

RESOLUTION # 2018 – 11 SUMMER PROGRAMMING

WHEREAS:

A. Kluane First Nation does not provide academic summer programs for its youth in K-12 programs;B. Kluane First Nation has a Memorandum of Understanding in Education with Yukon Government;C. the need for an academic summer camp that supports its youth to be successful in public

education is necessary;D. the need for communication information technology and literacy skills is the direction in which

Kluane First Nation is lacking amongst its youth population.

THEREFORE, BE IT RESOLVED THAT:

1. Kluane First Nation does an environment scan of its Kluane First Nation’s youth in K-12 education success rates to determine what are their needs in education;

2. Kluane First Nation begin to plan an academic summer program in math and English;3. Kluane First Nation also include in its MOU directives for information technology, and set up a

program where students can develop their computer skills and knowledge;

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4. Kluane First Nation reviews its MOU and initiate discussions with Yukon Government to plan for the Summer 2019.

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Moved by: Alyce Johnson Resolution: Withdrawn

RESOLUTION # 2018 – 12 SOCIAL ASSISTANCE RATES

WHEREAS:

A. The KFN Social Assistance Program’s amounts has not changed over the past decade; and, B. The cost of living has increased over that period of time.

THEREFORE, BE IT RESOLVED THAT:

1. KFN Council review and increase the SA amounts immediately to reflect the cost of living in a remote First Nation community.

Moved by: Mary EastersonSeconded by: Agnes JohnsonResolution: Withdrawn

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