Aboriginal Marketplace May/June Edition

Volume 3 - Issue 3 ///// May/June 2014

Chief Clarence Louie

Launches Consulting Company 2014 BC First Nations Forestry Summit

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NABOC Osoyoos 2014

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Land Codes Ratified

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///// COVER STORY

NABOC

Osoyoos sees Major Changes in 2014

///// IN THIS ISSUE

04 Managing Editor Marlon Louis editor@aboriginalmarketplace.com Design / Production Tina Skujins tina@2ggroup.ca

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Advertising Sales Marlon Louis editor@aboriginalmarketplace.com Contributors Rochelle Saddleman, Keith Henry, Merle Alexander, Frank Busch & Geoff Greenwell 2014 PRODUCTION SCHEDULE Aug/Sept, Oct/Nov & Dec/Jan (2015) Distribution Aboriginal Marketplace is published by 2G Group of Companies ©2012 all rights reserved. The magazine is distributed globally online and in printed form in Canada. The views expressed in the Aboriginal Marketplace are those of the respective contributors and not necessarily those of the publisher or staff. www.aboriginalmarketplace.com

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iatc international aboriginal tourism conference whistler

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BINGWI NEYAASHI ANISHINAABEK AND WILLIAMS LAKE INDIAN BAND RATIFY LAND CODE

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Publisher Geoff Greenwell 2G Group of Companies geoff@2ggroup.ca

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REMOTE FIRST NATIONS COMMUNITY LAUNCHES AN ALL INCLUSIVE CULTURAL IMMERSION PROGRAM FOR 2014

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VOLCANO AND MCLYMONT CREEK REVENUE SHARING AGREEMENTS REACHED & FUNDING RENEWED FOR SCWG

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Ōhō Education Changing the face of education in Aboriginal communities

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Aboriginal Travel Services Chief Clarence Louie Launches Aboriginal Strategy Group LLP Consulting Partnership

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HARPER GOVERNMENT CLAIMS OF SUCCESS IN LAND CLAIMS FALSE AND HARMFUL TO FIRST NATIONS RELATIONS

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2014 naboc PRINCE RUPERT SURPASSES ALL EXPECTATIONS

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PROVIDING CERTAINTY IN UNCERTAIN TIMES

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SENATORS VISIT NUNAVUT ON ENERGY FACT-FINDING MISSION

///// features 10 Keeping it Riel 27 Legal Eagle

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Aboriginal Marketplace - May/June 2014 3

iAtC

By: Rochelle Saddleman

T

he Aboriginal Tourism Association of British Columbia (AtBC) in partnership with Aboriginal Marketplace Events and the Squamish Lil’Wat Cultural Centre were very successful in hosting Canada’s first ever International Aboriginal Tourism Conference (IATC) in Whistler, BC from April 15th – 16th.

Over the course of three days 300 delegates attended who travelled in from all across Canada as well as Brazil, New Zealand, Mexico, the United States and Europe, to be a part of the historical event which contributed to shaping the future of the international Indigenous tourism industry.

Delegates received a warm and cultural welcome from Chief Ian Campbell of the Squamish Nation and the Lil’Wat & Squamish Cultural Centre, followed by a greeting from the Honourable Naomi Yamamoto, MLA for North Vancouver and provincial Minister of State for Tourism and Small Business. During the evenings, the Squamish Lil’Wat Cultural Centre hosted the delegates at their new facility where delegates participated in a Squamish cultural welcoming ceremony. Tours were provided and the Centre served traditional appetizers and beverages.

The conference theme primarily focused on partnerships and presentation topics touched on: Research & Aboriginal Tourism, Attracting the International Visitor – Creating a New

4 Aboriginal Marketplace - May/June 2014

AtBC CEO Keith Henry welcomes international delegates

Economy for a Tour Destination, Working with Government and Industry, Regional Indigenous/Aboriginal Tourism Strategies, Aboriginal Tourism Marketing Circle – National Perspectives on Aboriginal Tourism, Partnering for Conversation and Effective Digital Marketing – How to Reach Your Target Audience in the Digital Age.

In April of this year, AtBC launched its new Aboriginal Travel Services (ATS) initiative, which is a full service travel agency with the profits going to help sustain AtBC’s ongoing work. AtBC announced at the 2014 IATC event that the ATS is designed to support an increased visitation for Aboriginal tourism experiences as well as provide corporate travel solutions for Aboriginal communities, partners

and organizations who wish to support the Aboriginal tourism industry.

On the second night, AtBC had hosted their annual awards ceremony at the banquet dinner which took place at the Fairmont Chateau Whistler. The AtBC Recognition Awards were given out in the following industry categories:

•Outstanding Accommodations Award - Wya Point Resort, Ucluelet, BC •Cultural Centres & Attractions Award Nisga’a Museum, Laxgalts’ap (Greenville), BC •Outdoor Adventures Award - Talaysay Tours, West Vancouver, BC •Artist & Entertainer Award - Spirit Works Limited, North Vancouver, BC •Industry Partner Award - New Relationship Trust , West Vancouver, BC • Food & Beverage Award - Spirit Bear Coffee Company, Vancouver, BC • Gift Shop & Gallery Award - Squamish Lil’wat Cultural Gift Shop, Whistler, BC • National Aboriginal Cultural Tourism Award - Haida House Tllal, Haida Gwaii, BC

The Aboriginal Tourism Association of BC was also recognized by the World Indigenous Tourism Alliance (WINTA) for their outstanding leadership in Indigenous tourism organisational development consistent with the Principles of the Larrakia Declaration. Ben Sherman and Johnny Edmonds presented on both the Larrakia Declaration and the United Nations document that welcomes the fact that Indigenous peoples

Delegates greatly enjoyed the cultural activities

are organizing for economic, social and political advances.

AtBC and Aboriginal Marketplace Events were very honoured to welcome so many delegates to the shared territory of the Squamish and Lil’wat First Nations. As the IATC has become an International event, both organizing groups have decided to pass on the event model to the Quebec Aboriginal Tourism Organization who will be hosting the IATC in 2015. The event is scheduled to be held in Quebec City at the Fairmont Chateau Frontenac from March 24 – 25, 2015. More information may be found at www.tourismeautochtone.com Aboriginal Marketplace - March/April 2014 5

Bingwi Neyaashi Anishinaabek

and Williams Lake Indian Band Ratify Land Code

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n March 29th, 2014, Members of Bingwi Neyaashi Anishinaabek (BNA) cast their ballots in the Ratification Vote on their Land Code. With a vote result of 111 to 6, an overwhelming majority (94%) of the members who cast a ballot gave a clear message that authority over land governance be returned to Bingwi Neyaashi from the Department of Aboriginal Affairs.

The Framework Agreement on First Nation Land Management was the first real recognition that First Nations have an inherent right to manage their own reserve lands and resources.

This First Nation-conceived Framework Agreement with Canada has expanded from the original 14 First Nation signatories in 1996, to 112 First Nations signatories in 2014.

BNA will now implement land governance, assume jurisdiction over their reserve lands and resources, and opt out of 34 land-related sections of the Indian Act - all critical steps leading ultimately toward self-sufficiency.

The BNA Land Code was drafted by the membership as a grass-roots endeavour. The BNA Lands Committee operated on the basis of consensus throughout the drafting process.

“This vote clearly shows the support that the membership of Bingwi Neyaashi has for the Land Code that was developed by the BNA Lands

6 Aboriginal Marketplace - May/June 2014

Committee”, said Chief Laura Airns following the vote count. “We are thrilled with the overwhelming participation of the membership.

All BNA Members will now have an opportunity to vote on every Land Law that is brought forward to the community. They will be the stewards of the land going forward, not the federal government”. Jordan Hatton, BNA’s Director of Lands and Resources, concurred with the Chief’s words. “I am so excited that the BNA Members have decided to take over control of the governance of their own Land”, Hatton said.

“The possibilities for economic development and organized Land Use Planning are endless.

This Land Code will ensure that developments on-reserve occur with the consent and the wishes of the membership, as well as within the timelines that the Members feel comfortable with. It is a very big day for Bingwi Neyaashi”.

“This vote is one of the most significant events to occur for Bingwi Neyaashi since its Land was returned to the community in the spring of 2010”, said Chief Airns. “As the 47th First Nation across Canada to ratify a Land Code, our Code will reflect the unique needs and traditions of the community, provide sound environmental protection for our reserve land and resources, and accelerate progress in areas such as economic development”.

BNA, also known as Sand Point First Nation, is a community of nearly 250 members. The

First Nation is located on the southeast shores of Lake Nipigon. BNA just recently had its land returned to them in April 2010 following years of displacement at the hands of the provincial and federal governments. The community and its leadership are now forging ahead with major economic development initiatives, and re-establishing the community for the eventual return of the membership to their homeland.

The Williams Lake Indian Band (WLIB) announced on May 12th the result of the membership vote on First Nations Land Management (FNLM). “We’re extremely excited to announce that 154 of our members voted in favor of our Land Code and Individual

Agreement, and only 26 voted against it,” stated WLIB Lands Officer, Byron Louie. “That’s an 85% approval rating, and means we well exceeded the number of ‘yes’ votes required to make the transition to FNLM.” First Nations Lands Management means that WLIB will have a form of sectoral selfgovernment over reserve land management and that the lands management provisions of the Indian Act will now cease to apply. Future leasing and management of WLIB lands will be handled within the community, and Aboriginal and Northern Affairs Canada will no longer be involved in such transactions.

“This is another huge step for our community,” stated WLIB Chief, Ann Louie.

“The Indian Act system is outdated and paternalistic, and it is completely unable to move at the speed of business. Under FNLM decisions will be made in the community, and it will be a much more efficient system of lands management. WLIB has huge plans in the area of economic development, and FNLM

will make it much easier to achieve our goals.

Over the next five years there will be some truly amazing things happening.”

A 2009 study conducted by KPMG, which sampled 17 FNLM communities, found that those communities had, since transitioning to FNLM, experienced $53 million in investment from member-owned businesses, $100 million in investment from third parties businesses, more than 2,000 employment opportunities for Band members, and more than 10,000 employment opportunities for non-members pumping hundreds of millions of dollars into local economies WLIB is now awaiting the formal “certification” of its Land Code by the Verifier appointed by Canada. After certification occurs, a final sign off from the Minister of Aboriginal

each Aboriginal community will be in a position to decide both why and how it would like to participate in the economic development opportunities flowing from activity in and around the traditional territory.

Affairs and Northern Development Canada will be required before the transition to First Nations Management can occur.

BNA Contacts: Chief Laura Airns, 807-6232724, or lairns@bnafn.ca, or Jordan Hatton, Director of Lands and Resources, 807-6232724, or jhatton@bnafn.ca.

WLIB contact: Kirk Dressler, Williams Lake Indian Band Economic Development Officer, at (250) 296-3507 or kirk.dressler@ williamslakeband.ca.

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Great Bear Lake Deline Northwest Territories Canada

D

eline, NT Canada (April 22, 2014) – Located on the shore of Great Bear Lake, the remote fly-­‐in community of Deline has launched its first ever brand, “Destination Deline”, to attract visitors seeking authentic cultural experiences.

Leveraging the spectacular setting, word-­‐ class fishing and reputation for genuinely authentic hospitality, Deline is embracing tourism as a way to share the culture and traditions of the community while creating jobs and opportunities for its youth, artisans and outfitters. All-­‐inclusive packages from Yellowknife have been designed to attract small tour and corporate groups to experience authentic northern aboriginal culture while meeting at the Grey Goose Lodge, Deline’s full service accommodation. “The idea of creating a community based tourism program seemed overwhelming in the beginning, but we realized we are simply inviting people to join us as we go about our daily lives”, says Chief Leonard Kenny.

“In Deline, we live traditionally, communicate in

the language of our forefathers and take pride in our culture and our land. Visitors are curious about us and our program will allow guests the opportunity to interact, learn and hear stories from the people of Deline and enjoy the natural beauty of our unspoiled land”. Small group tour packages start at $3650 pp and include a 4-­‐ night stay at Grey Goose Lodge, all meals, daily cultural and outdoor activities, a flight seeing tour to the Mackenzie Mountains and return airfare from Yellowknife. Although the tourism program is new, Deline will welcome the first Cultural Immersion groups this summer.

Destination Deline is also marketing all-­ inclusive meetings, retreats and fishing packages to meeting planners and leisure travelers from around the world. For more information please visit www.destinationdeline.com and connect with Deline on twitter.com/visitdelinenwt and facebook.com/destinationdeline About Destination Deline A partnership between the Deline Land Corporation, The Grey Goose Lodge and British Columbia-­‐ based

John Tetso Building

tourism consultants The Hotkey Group (HKG), Destination Deline was developed to market and promote year round visitation to Deline.

The Deline Land Corporation administers the income from the Sahtú Trust, is involved in any decisions concerning land use in the claim area and has a number of subsidiary companies which look after different community requirements.

Aboriginal Marketplace - May/June 2014 9

keeping it riel ///// Keith Henry - President, BC Métis Federation k.henry@bcmetis.com

Keeping It

I

Riel

am writing this edition as we once again witness new developments in Canada. From the recent UN rapporteur visit to the increasing tension in New Brunswick there seems to be renewed frustration and concerns rising in Aboriginal people across the country. At the heart of these issues is no real understanding of one another and relationships built on mistrust, misunderstandings, and lack of respect.

It is from this perspective that I draw attention to a few items from a Métis perspective. I have coauthored this edition with my good Métis friend Joe Desjarlais and we recall a phrase from an old western movie, “There is iron in your words.” Words grounded in principled ideas and actions that stand up under scrutiny.

When the UN representative was in Canada the Métis National Council (MNC) and Manitoba Métis Federation (MMF) leaders submitted documents that have no ‘iron in their words.’ These politicians and their affiliates pretend to be the voice of all Métis people and communities in the “homeland.”

They quote the UN rapporteur in earlier reports in 2004, citing the lack of recognition for Aboriginal people and their traditional ways in areas like natural resources, governance and resolution of land claims.

They put out some recommendations, yet these are countered by their own ideas and actions that work to marginalize and dispossess. The lack of an ethical core is striking as their solutions are disconnected from the reality of ongoing human rights violations and discrimination that Métis people and diverse nations with claims to sovereignty face. The following few points best describe the situation.

1. The first clue to this divergence is that MNC and their affiliates sign agreements with mainstream governments with policies that limit dynamic and fluid Métis identities: They maintain a standard narrative of political Métis as an exclusive, homogeneous and geographically bound peoples whose rights flow from the Crown, an exclusive terminology and restrictive definitions to defend their privileged political position and limit access to ‘being Métis.

They attempt to define Métis in an artificial manner that satisfies a government’s rights-based agenda (ie: creation of rights-bearing citizens), which amounts to an identity by negation (the “everything

10 Aboriginal Marketplace - May/June 2014

but” approach) that fixes identity in time and space.

However, the same limited political definition has also been utilized by the Canadian government to entrench strict representations of Métis identity into law, thereby systematically discriminating against all other ways of being Métis in Canada.

Everyone who disagrees with their singular approach to Métis nationalism is deemed ‘outsiders.’ Their zero-sum brand of identity politics and racially charged governance and registry processes has made it difficult to entertain broader definitions of being Métis.

Because of their actions, Métis people have thus become the basis of a constructed Canadian identity from which Métis organizations and government agencies can administrate all Métis peoples based on exclusive jurisdiction to certain rights. The effect has been that Métis agency (the ability of Métis to shape Canadian society) has been restricted to that of an ethnic interest group that has to compete for scarce government resources.

2. Another red flag is that these Métis leaders have not held mainstream governments accountable for wasting public funds on a failing organization in BC called the Métis Nation BC (MNBC). They did not inform the rapporteur about the utter lack of transparency and denial in the face of financial mismanagement such as evidenced by their governance organizations such as MNBC, or the lack of meaningful consultation in major policy decisions. I believe the UN rapporteur would also be interested in the manipulation of programs to serve political agendas, or legal action against engaged citizens.

3. Yet another problem is that these Métis politicians selectively ignore the history of human rights violations toward Métis people. Let’s not forget that the context for the UN rapporteur visit is a history of human rights violations in Canada toward Aboriginal people. Current governments are the focus of legitimate human rights cases among Métis people in British Columbia, a documented case of discrimination against Métis yet to be resolved. The MNC and MMF conveniently fail to acknowledge this to the United Nations.

Iron in Your Words

4. These groups distort the historical significance of Métis-specific court cases in their public commentary for political reasons to champion their brand of identity politics.

In reference to Powley v. Canada, (2003) as example, this Supreme court case has been uncritically heralded by these affiliate MNC organizations. For instance, the Metis Nation of Ontario (MNO) recently declared that Powley was “groundbreaking,” a “new era” of recognition of Métis rights, and the “affirmation of our right to harvest.”

To recognize that 2013 marks the 10th anniversary of the landmark Powley decision, the MNO is apparently holding special commemorations on November 15 in conjunction with this year’s Louis Riel Day ceremonies in Toronto.

In other words, Louis Riel by association is branded the hero of all ‘Powley compliant,’ objectively verifiable, ‘rights bearing’ citizens, a politically charged story with ‘selective histories’ championed by MNO and affiliates, of course.

Though the Powley Supreme court ruling could just as easily have led to an exploration of many ways of being Métis through a shared sense of belonging, Powley has become less about establishing Métis collective rights and more about refining processes for establishing

which individuals can exercise these rights.

The historic Métis land claims case ruling in Manitoba was decided earlier this year. By not arguing for and establishing the validity of a ‘pre-existing’ Métis sovereignty, the MMF provided the courts with a limited remedy for Métis peoples in this case. It could very well be that Métis people covered by s31 and s32 of the Manitoba Act are well compensated but ‘homeless’ rights-bearing citizens of Canada.

In this sense, Métis legal identity originates from an individual’s ability to access the rights of a disadvantaged ethnic group rather than the Aboriginal right to self-determination, self sufficiency and self-government.

Finally, the recent Daniels case ruled in January 2013. The unspoken reality is that extending the legal definition of Métis beyond the Powley Test and by defining Métis as s.91 Indians, Daniels brings Métis communities into conversation with broader legal discussions on the nation-to-nation relationship as defined in the historical treaty process. By stark contrast, their own policies of the MNC and affiliates discount the full weight of Canada’s treaty relationship, a relationship informed by dignity, respect and consent.

The many different ways of ‘being Métis’ present a huge challenge to political, legal and historical imagination of Métis communities across Canada. The fear of the ‘many different

ways of ‘being Métis’ is the biggest impediment to establishing Métis “Nations” as coherent communities of historical difference and as meaningful partners in Confederation. From all indications, it appears that the rapporteur should be made aware that Canada’s preference is to continue to rationalize Métis identity; its government system is well equipped with mechanisms that take diverse nations with claims to sovereignty and turn them into rights-bearing citizens.

This submission of the MNC and the MMF has not challenged the dominant narrative that tends to consolidate Métis identity into a single national paradigm or marginalize Métis peoples in a footnote to the past. Their core beliefs about the nature of Métis people in Canada result in words and actions that deny the real concerns and aspirations Métis people face and this will not withstand the ‘refining fire.’

Once we get beyond the surface, no amount of rhetoric can hide the facts. There are many people in a growing movement of Métis people who believe in a new kind of Métis politics, where our policies are linked to ethics, to place, to community, to friendship and belonging, and a real language to describe ourselves to others.

Thank you for considering the situation critically and your opinions are welcomed and valued.

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Volcano and McLymont Creek revenue sharing agreements reached & funding renewed for SCWG

I

n 2011, the Tahltan Nation, BC Hydro and the Province signed the Northwest Transmission Line (NTL) Negotiation Framework Agreement, opening the region and the Tahltan traditional territory to increased economic development. It is estimated that electrification of the Northwest from the completion of the NTL will support up to $20 billion in resource development by 2025.

Today, two clean energy agreements with the Province of B.C. will enable the Tahltan Nation to share revenue from run-of-river projects slated for the Northwest - the McLymont Creek

12 Aboriginal Marketplace - May/June 2014

hydroelectric project and the Volcano Creek hydroelectric project. The agreements will see revenue from the clean-energy projects reinvested back into the community, as part of the Tahltan Nation’s ongoing economic development initiatives.

These new agreements build on other agreements - including a shared decisionsmaking agreement - reached between the Province and the Tahltan Nation in 2013.

Chief Rick Mclean said “these types of resource projects (opened up by the Northwest Transmission Line) create opportunities for us to improve every aspect of our communities: employment, healthcare, language, culture, and community infrastructure. However, we want to minimize any potential negative impacts on our Tahltan way of life. To steer Tahltan Nation through these challenges, a high-level body called the Tahltan Socio-Cultural Working Group (TSCWG) was created to address social and cultural challenges that can accompany economic development in remote communities.”

An announcement on May 11th from the Province of British Columbia supported the TSCWG by investing $555,000 to support the operation and activities of the this award-

winning government-to-government forum that focuses on enhancing Tahltan people’s economic, social and physical well-being while enhancing their nation’s cultural roots.

“The socio-cultural working group is a unique, Tahltan-driven initiative to responsibly manage the social and cultural impacts of development in our territory. When the Province came to us in 2005 with plans to build the Northwest Transmission Line into our territory, we knew we needed to plan for all the changes it would bring to our communities. We are pleased that the Province has renewed its support for this important work, and we are committed to ensuring that development in our territory is managed responsibly in a way that protects our land, culture and communities,” said Anita McPhee, President of the Tahltan Central Council.

Quick Facts about the Tahltan Nation: •The Tahltan Nation is composed of 5,000 members and represented by three governments: the Tahltan Band, the Iskut Nation and the Tahltan Central Council.

•The mandate of the TSCWG is to ensure

When the Province came to us in 2005 with plans to build the Northwest Transmission Line into our territory, we knew we needed to plan for all the changes it would bring to our communities.

the Tahltan Nation and its members are prepared to take advantage of employment and business opportunities represented by development and to protect the Tahltan culture and society from potential negative effects of development.

•The TSCWG conducts research, long-term planning and community consultation to develop the governance structures and strategies that will enable the Tahltan Nation to respond appropriately to emerging development.

•A main priority is ensuring Tahltan members are ready for employment opportunities arising from development.

•Within the three Tahltan communities, work outflowing from the socio-cultural working group is moving forward in six sectors: language and culture, employment and training, health, education, community and family development, and infrastructure improvements.

•In October 2013, the TSCWG was recognized by the Province with a Premier’s Award in the Partnership category. The Province acknowledged the promising practices of the working group in building

positive relationships between British Columbia and First Nations who are in a region of significant economic development.

•The Tahltan traditional territory is located approximately 500 kilometres north of Terrace. There are three major settlements — Dease Lake, Telegraph Creek and Iskut.

•In addition to the TSCWG, the Province and Tahltan have also signed a total of five non-treaty agreements: the Shared Decision-making Agreement (March 2013);

three revenue-sharing agreements through the First Nations Clean Energy Business Fund: the Forrest Kerr hydroelectric project (March 2013), and the McLymont Creek and Volcano Creek hydroelectric projects (March 2014); and the Northwest Transmission Line Negotiation Framework Agreement (May 2011).

More information on the TSCWG can be found at http://www.tahltan.org/project/sociocultural-working-group

Aboriginal Marketplace - May/June 2014 13

Ōhō Education VISION • KNOWLEDGE • SUCCESS

Changing the face of education in Aboriginal communities

As a Canadian Aboriginal business owner with roots People ar Ōhō Education Changing the face of education deep in her community, Judy Michaud has a mission VISION • KNOWLEDGE • SUCCESS “It is no ex in Aboriginal communities to help build capacity in Aboriginal communities. This work is cha commitment is the natural evolutionPeople of Judy’s own life As a Canadian Aboriginal business owner with roots are saying . . . scape in th deep in experience, her community, with Judy Michaud has a mission education and skills; it’s hard-earned “It is no exaggeration to say that Judy’s to help build capacity in Aboriginal communities. This she knows how evolution difficultof Judy’s it canownbelifeto getwork started, andthetoeducational landis changing commitment is the natural “In the Trea scape in this region.”for experience, with it’s hard-earned education skills; that are essential find the basic educational tools, support, andand funding she knows how difficult it can be to get started, and to Judy Micha lasting success.

“In the Treaty 8 region of northeastern BC, find the basic educational tools, support, and funding that are essential for lasting success.

ing firm has Judy Michaud’s Ōhō Education consulting firm has been tremendously effective at facilitatin at facilitating in-community educational initiatives. J initiatives. Judy has done great work with Education Coordinators for the eight Education C bands in the region, from Saulteau First bands in th Nation to Prophet River First Nation, and her efforts have yielded tangible results.

Nation to P We now have programs running across her efforts h the region.”

Working at the grassroots level, Judy’s Ōhō Education team started out Working at the grassroots level, Judy’s Ōhō Education team started out working with one BC a time to launch education programs ranging working with one BC Band at aBand time to at launch education programs ranging from basic literacy and employment skills, teamworkskills, and leadership skills, and leadership skills, from basic literacy and employment teamwork to fundraising and grant proposal writing. Ōhō Education does not stop to fundraising anddefine grant writing. Ōhō Education does not stop at helping communities theirproposal needs and plan sustainable education band members to find the fundsneeds and resources needsustainable education atprograms—it helpingenables communities define their andthey plan by working with industry partners and obtaining government contributions. programs—it enables band members to find the funds and resources they need Judy’s focus is on creating customized Learning Centers in Aboriginal by working with industry partners and obtaining government contributions.

Dr. Steve Roe, Dean of Academic and VocationalWe now ha communities, and this year members of eight bands have participated in

Programs at Northern Lights College “Planning Initiatives for Aboriginal Education,” a year-long, hands on, the region.”

Judy’s focus is on creating Aboriginal kinesthetic training program throughcustomized which EducationLearning CoordinatorsCenters in “Most people working in the Education gain practical experience that they plan,of implement, and communities, and with thisprojects year members eight bands have fields participated in hats and haveDr. Steve Roe, usually wear many Programs at N monitor over the course of a year with continued Ōhō support. So far, extremely busy workloads, but the learn“Planning Initiatives for Aboriginal Education,” a year-long, hands on, four of these eight bands have preplanned, planned, budgeted, and custom ing format of Judy Michaud’s program is designed their own community educationthrough program, and gone onEducation to find kinesthetic training program which Coordinators great—with a combination of face to face “Most peop funding. Their bands will begin implementing these programs in the next sessions and webinars as well as individual gain practical experience with projects that they plan, implement, and fields usual two months. Seven additional, larger education projects in BC are in the help whenever it is convenient and flexmonitor overwith the course of a year with fine-tuned. continued Ōhō support.

So far, planning stages, proposals underway and budgets Funders ible for the students. The content is fullextremely of b are already being contacted for these initiatives as well.

Amazing results for tangible, useful information that we will four of these eight bands have preplanned, planned, budgeted, and custom ing format o three months of training so far! be able to use to assist our communities in

designed their own community education program, and gone on to find obtaining education and/or training goals great—with The Ōhō team would like to thank Progress Energy Canada Limited funding.

Their bands will our begin implementing these programs in the next for our community members. Thank you and the other partners who sponsor programs, for making a significant sessions an to Judy and the Ōhō team for passing on difference in education in Aboriginal communities. two months.

Seven additional, larger education projects in BC are in the help whene your knowledge.” www.ohoeducation.com info@transglobalbusinessgroup.com planning stages, withemail: proposals underway and budgets fine-tuned.

Funders Deanne Mcleod Bigstone, Cree Member, ible for the Phone: 1-866-753-1819 or 250-751-1555 Advisor to Halfway River First Nation, Fort St. John BC are already being contacted for these initiatives as well. Amazing results for tangible, us three months of training so far! be able to u The Ōhō team would like to thank Progress Energy Canada Limited and the other partners who sponsor our programs, for making a significant difference in education in Aboriginal communities.

14 Aboriginal Marketplace - May/June 2014

www.ohoeducation.com

email: info@transglobalbusinessgroup.com

obtaining e for our com to Judy and your knowl

re saying . . .

xaggeration to say that Judy’s anging the educational landhis region.”

Aboriginal Travel Services

O

aty 8 region of northeastern BC,ver the course of the past few years aud’s Ōhō Education consult- AtBC has explored the concept of providing an Aboriginal travel s been tremendously effectiveservice initiative to provide further marketing and business support for current ng in-community educational Aboriginal cultural tourism experiences that are market Judy has done great work withready. The Aboriginal Travel Services business plan is designed to support Coordinators for the eight an increased visitation for Aboriginal tourism experiences as well as provide corporate he region, from Saulteautravel First solutions for Aboriginal communities, supporting Prophet River First Nation, and partners and organizations who want to support the Aboriginal tourism industry. have yielded tangible results.

Aboriginal Travel Services has been ave programs running across established to support corporate travel services for any partner with a focus on ” serving the Aboriginal communities, Tribal

Councils, corporate partners and Aboriginal Dean of Academic and Vocational tourism businesses.

Northern Lights College AtBC CEO Mr. Keith Henry stated; “The

launch today is a major achievement. It is a reflection of the hard work and dedication by ple working in the Education our management team and board of directors.

Extensive review and research was completed lly wear many hats and have and AtBC is extremely proud to launch a First busy workloads, but theNations learnowned and operated service that will reinvest revenues into the Aboriginal of Judy Michaud’s program tourismis industry.”

AtBC Chair Brenda Baptiste stated, “Our h a combination of face to face leadership team has made Aboriginal Travel nd webinars as well as individual Services a priority and this demonstrates commitment to our stakeholders showing that

ever it is convenient and flexstudents. The content is full of seful information that we will use to assist our communities in education and/or training goals mmunity members. Thank you d the Ōhō team for passing on ledge.”

we are working hard to bring business in new marketing and direct travel planning support.

It also provides Aboriginal communities with a new corporate travel support service creating and supporting our own economies.”

AtBC CEO Mr. Keith Henry concluded; “The future continues to be exciting and Aboriginal Travel Services offers future sustainability to market Aboriginal tourism in British Columbia as well as meet the travel services for all corporate needs including booking flights, hotels, and car rentals.”

Information about Aboriginal Travel Services can be reviewed at www.aboriginaltravelservices.com.

Information about the Aboriginal Tourism Association of British Columbia is available at www.aboriginalbc.com.

Industry Contact

Keith Henry Chief Executive Officer Office 1-604-921-1070 Email khenry@aboriginalbc.com You can follow Aboriginal Tourism BC on twitter @AtBC_Updates

Aboriginal Marketplace - May/June 2014 15

NABOC Osoyoos sees Major Changes in 2014

I

t’s that time of year in Canada when we come out form the cold winter and look forward to Spring and Summer. A regular event on many people’s calendars is the annual National Aboriginal Business Opportunities Conference (NABOC) in Osoyoos hosted by Chief Clarence Louie.

NABOC Osoyoos is in its 6th year and has become one of the most popular Aboriginal/Private Sector business networking events in western Canada. All 5 previous years events have sold out and the feedback from delegates has always been really positive.

16 Aboriginal Marketplace - May/June 2014

It’s time for all business leaders in this country to help end the Aboriginal dependency cycle.

So why change an event that is so successful? We asked 2G Group CEO Geoff Greenwell for his reasoning behind the change in format of the 2014 event?

“We continually ask our delegates for feedback at all of our events and we take onboard as many of the good suggestions as we can; this helps us ensure that we are creating good value for our clients when they attend our events,” said Geoff.

“People love coming to the Osoyoos Indian Band’s NK’MIP Resort anyway, it is such a special place and has a fantastic aura of hope and success, however we wanted to improve on previous years,” added Geoff.

“For this September’s event we have added a special day for Aboriginal delegates only in front of the regular 2 days of networking we usually have. Day 1 this year is dedicated to sharing information on Impact Benefit Agreements. It will be Aboriginal delegates and representatives of Aboriginal business groups only; no private sector and no government will be allowed in. The intent of this 1 day session, which will be led by prominent IBA lawyers from Gowlings LLP, is to allow for open dialogue and information sharing about IBA’s between Aboriginal groups,” Geoff explained.

“Days 2 and 3 of the event are open to all delegates and we are putting together some excellent presentations for Day 2, as well as creating a schedule to allow for all-day oneon-one networking and business pitching on

Left to right: Comedian Ryan McMahon Musician George Leach

Day 3,” enthused Geoff. “People want to do more networking and less listening so we’ve altered the format of the event to maximize the networking opportunities and slim down the plenary sessions to just 1 day.”

“We’re very pleased to announce that First Nations comedian Ryan McMahon is going to be one of MC’s at NABOC Osoyoos,” said Client relations Manager of 2G Group, Rochelle Saddleman. “Ryan has started to work as a facilitator and MC lately, and so we decided that his sharp wit and relaxed style of delivery would be a perfect fit for the atmosphere we like to create at our events.”

“We’re also working on some great musical talent for the hospitality events at the NK’MIP Desert Cultural Centre,” added Rochelle, “it’s such a great outdoor venue for listening to music while you’re eating under the stars.”

“The theme of this year’s event is ‘Time for Change’ and for the private sector delegates we’re doing invitation only to ensure we get

the right mix of people to network with our Aboriginal delegates,” said Rochelle. “Private sector delegate space will be limited to 150 with another 120 spaces being held for Aboriginal delegates.”

“It really is Time for Change,” said Chief Clarence Louie when we talked with him recently. “It’s time for all business leaders in this country to help end the Aboriginal dependency cycle. We need to work together to create business opportunities and joint ventures that benefit both aboriginal communities and private sector businesses.

We’re calling this year’s event the National Aboriginal Business Leadership Summit because we want to see leaders and decision makers around the table,” added the Chief.

For information and to register for the 2014 National Aboriginal Business Leadership Summit in Osoyoos go to www.2ggroup.ca

NK’MIP Desert Centre Aboriginal Marketplace - March/April 2014 17

Chief Clarence Louie

Launches Aboriginal Strategy Group LLP Consulting Partnership

A

fter over twenty five years as Chief and CEO of the Osoyoos Indian Band, Chief Clarence Louie has decided to step into the consulting world by launching his own firm in partnership with Geoff Greenwell, CEO of the 2G Group.

“I’ve been working in the Indian industry my whole life and I’ve learned a lot about how to start businesses and make them successful,” said Chief Louie when we interviewed him. “I’ve decided that I should share my knowledge and experience with other Aboriginal and private sector groups and help them create businesses that will succeed.”

“Clarence and I have been talking about doing this for a while and it seems that 2014 is the year we will actually be able to devote the time to make it happen,” added Geoff Greenwell. “We see a lot of Aboriginal communities that are still struggling to get going

Clarence and I have been talking about doing this for a while and it seems that 2014 is the year we will actually be able to devote the time to make it happen. ~ Geoff Greenwell

18 Aboriginal Marketplace - May/June 2014

Clarence & Geoff reciving an achievement award

Our goal is to assemble an “A Team” of partners who can help us bring a holistic approach to our projects and offer our clients a “one stop shop” approach to economic development.

in business and an increasing amount of private sector groups that need guidance on how to structure their joint ventures and partnerships.”

Aboriginal Strategy Group LLP (ASG) will add associate partners with various skill sets to ensure the firm has the capacity to fully service its clients. Initially Clarence and Geoff will focus on working with Aboriginal communities seeking to create Development Corporation models and get business projects going.

“We intend to take a multi-disciplinary approach to building the firm,” said Geoff, “we’ll be offering the opportunity to buy shares in the partnership to various groups with proven track records of success with Aboriginal clients. Our

goal is to assemble an “A Team” of partners who can help us bring a holistic approach to our projects and offer our clients a “one stop shop” approach to economic development. We guarantee that any individuals or groups we allow to join us as partners will be excellent at what they do and have lots of experience in the Aboriginal business sector.”

“Over the last ten years I’ve lost count of how many Native groups have come to visit the Osoyoos Indian Band to go to school on us and understand why we’ve become successful,” said Clarence. “Unfortunately I’ve never been able to give them as much of my time as I would have liked as my schedule has always been really hectic and full,” he added, “by creating ASG I’ll

now be able to help those communities more directly and spend time making sure they get their business efforts on track.”

“From years of running our business conferences we’ve seen how many groups still need help and guidance from people they can trust,” said Geoff, “ASG will act as a business advisory group that clients can come to and be guaranteed that their needs will be met.”

Aboriginal Strategy Group is in the midst of finalizing their website and for more information in the short-term interested parties can contact Geoff Greenwell Toll free on 1-866-284-8322 or geoff@2ggroup.ca

Progress isisproud ProgressEnergy EnergyCanada Canadawas proudtotosupport supportthe the2014 2014NABOC NABOC conference conferenceininPrince PrinceRupert Rupertand andwould wouldlike liketotothank thankallallofofthe the volunteers volunteerswho whomake makethis thisevent eventpossible. possible.

Progress Energy Canada is is anan exploration and production company focused onon Progress Energy Canada exploration and production company focused natural gasgas development in in the Foothills ofof northeast British Columbia and the Deep natural development the Foothills northeast British Columbia and the Deep Basin ofof northwest Alberta.

Progress Energy develops Montney shale assets in in the Basin northwest Alberta.

Progress Energy develops Montney shale assets the Foothills ofof northeast British Columbia.

This development will support the proposed Foothills northeast British Columbia.

This development will support the proposed Pacific Northwest LNG operation onon Lelu Island, BC,BC, generating substantial economic Pacific Northwest LNG operation Lelu Island, generating substantial economic benefits for local communities, the Province of B.C. and the rest of Canada. benefits for local communities, the Province of B.C. and the rest of Canada.

Progress Energy Canada builds human and business relations that areare grounded in in Progress Energy Canada builds human and business relations that grounded respect, trust and a commitment toto enhance the future and traditional wellbeing ofof respect, trust and a commitment enhance the future and traditional wellbeing the Aboriginal people and communities where it operates. the Aboriginal people and communities where it operates.

Aboriginal Marketplace - May/June 2014 19

in PartnershiP with

Present the

2014 BC First NatioNs Forestry summit venue: Squiala FirSt NatioN CommuNity CeNtre, 8528 aShwell rd, ChilliwaCk, BC | Sept 24th & 25th, 2014 HosTed by THe sTo:lo naTion

conference Topics: · · · · ·

Timber HarvesTing: accessing Long-Term Tenure manufacTuring: accessing markeTs, Labour suppLy, assessing operaTing capiTaL needs biomass: evaLuaTing markeT feasibiLiTy HarvesTing boTanicaLs: deveLoping markeTs for non-foresT producTs speciaLTy Wood producTs: assessing LocaL poTenTiaL

· · · ·

carbon crediTs: deveLoping a markeT managing for muLTipLe Land base vaLues - HydroLogy, WiLdLife, ecosysTem, foresTry, and oTHer communiTy vaLues Land use pLanning – HoW To maximize THe poTenTiaL of naTuraL resources besT pracTices – firsT naTions foresTry success sTories

evenT coordinaTor: rocHelle saddleman rocHelle@aboriginalmarkeTplace.com

a b o r i g i n a l m a r k e t p l a c e . c o m

a tradition of excellence

As home to the largest Aboriginal Law Group in Canada, Gowlings has been representing the interests of Canada’s Aboriginal peoples — including First Nations, the Inuit and the Métis — for over half a century.

Combining the resources and expertise of a full-service law firm with the dedicated focus and service of a boutique, our top-ranked team provides unparalleled support in every aspect of Aboriginal Law from coast to coast.

Whether your matter relates to claims, self-government, treaty and inherent rights, governance, tax, or economic development, trust Gowlings to help you achieve your goals.

Learn more at: gowlings.com/aboriginal

montréal • ottawa • toronto • hamilton • waterloo region • calgary • vancouver • beijing • moscow • london • gowlings.com

NatioNal aborigiNal busiNess opportuNities CoNfereNCe

“Creating Relationships”

at the beautiful membertoutrade & convention centre, nS | october 28th – 29th “Join me and 200 aboriginal and non-aboriginal business leaders at our membertou trade & convention centre in nova scotia, from oct 28th – 29th and help shape the future economy of canada to be better for all.”

– Chief TerranCe Paul

conferenceTopics/AcTiviTies include: • impact benefit agreements - sharing collective knowledge • a full day of one-on-one business networking • corporate social responsibility and triple bottom line investing • making a real impact with your corporate giving • examples of successful aboriginal business models • bridging the cultural gap – identifying commonalities to build upon

• real estate development on-reserve • best practices in aboriginal/private sector partnerships and Joint ventures • keynote speeches from prominent canadian business leaders • banquet dinner with live entertainment

event coordinator: rochelle Saddleman rochelle@aboriginalmarketplace.com

a b o r i g i n a l m a r k e t p l a c e . c o m

Harper Government Claims of Success in Land Claims False and Harmful to First Nations Relations

D

espite progress in more First Nations ratifying Land Codes and moving out from under the painfully slow AANDC decision making regime, the Harper government is making false claims that it has settled large numbers of high value specific land claims through negotiations and that few new claims are entering the “system.”

“These statements are false and attempt to conceal a darker reality that leaves many First Nations in a state of poverty and injustice,” observed Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs. “The Harper government uses this false information to imply that claims are winding down. It justifies drastic funding cuts to the research and development of claims; negotiation practices that Superior Court Justice Patrick Smith calls ‘paternalistic, selfserving, arbitrary and disrespectful of First Nations’; and, bureaucratic policy imperatives that are unnecessarily creating more new specific claims, rather than resolving existing claims in good faith.”

Though a small number of large value claims have been settled since 2007, the vast majority, 85% of (over 430) specific claims, have been either rejected outright or had their files closed after Canada made untenable and explicitly non-negotiable offers that most First Nations could not accept.

Many of these specific claims involve land that is being stripped of valuable resources while the Harper government deliberately stalls decisions and process. With his dictatorial style of leadership it has become increasingly difficult to get answers from AANDC, who claim their Minister must seek PMO approvals on all press releases and decisions.

Further, decisions on other claims, ruled in favour of First Nations by the Specific Claims Tribunal are now being challenged in court.

Canada has applied for Judicial Review of The Specific Claims Tribunal (SCT), a legislated

body established in 2008 to make binding and final decisions on specific claims. These resolved claims must now go through the costly process of hearings at the Federal Court of Appeal. Not only are First Nations not funded to participate in these forced reviews, recent media suggests the Harper government is spending vast amounts of money to litigate claims that it promised to negotiate.

“These are the true costs to taxpayers,” Chief Maureen Chapman, Chair of the BC Specific Claims Working Group, said. “Every time Canada walks away from a negotiation table, cuts funding to a vital program or research organisation, or spreads misinformation, it undermines true reconciliation between Canada and First Nations and certainty for all Canadians. The resolution of all specific

claims is vital for all Canadians since unresolved claims are a fundamental barrier to investment by industry.”

Grand Chief Stewart Philip added: “Resolution of these claims must be achieved through meaningful, good faith negotiations.

More importantly, unresolved specific claims continue to simmer and fester and represent a real risk toward triggering protracted landuse conflicts.”

It seems like business as usual for the Harper government who continue to ignore criticism levelled at them from all sides, including United Nations Special Rapporteur James Anaya, who recently urged the Government of Canada to create a venue for “meaningful dialogue” and recognize Aboriginal Title and Rights. “It creates a difficult climate to do business in when your own government is undermining the work industry is trying to do to improve Aboriginal relations and create more successful joint ventures,” said Anaya.

each Aboriginal community will be in a position to decide both why and how it would like to participate in the economic development opportunities flowing from activity in and around the traditional territory.

Aboriginal Marketplace - May/June 2014 23

2014 naboc

Prince Rupert Surpasses all Expectations

T

he National Aboriginal Business Opportunities Conference (NABOC) Tour stopped in Prince Rupert at the end of April to host the 4th Annual NABOC event with Chief Harold Leighton of the Metlakatla First Nation and Mayor Garry Reece of Lax Kw’alaams First Nation as co-hosts. From April 29th – May 1st, Prince Rupert was Canada’s #1 business hot spot as NABOC welcomed over 440 delegates from regional First Nations and private sector companies who all had a focus on creating joint ventures, partnerships, and long-lasting business relationships with one another.

Delegates travelled in from across Canada, Asia, Europe, Australia and the USA for 3 great days of business networking. The event opened with some traditional dancing and drumming performed by the Lax Kw’alaams Tribal Dancers and welcome addresses from Chief Leighton, Mayor Reece and Mayor Jack Mussallem of the City of Prince Rupert.

As NABOC events have become known to be a gathering place of leaders and decision makers, all groups shared common interests in creating their own opportunities, and getting involved in the upcoming projects

24 Aboriginal Marketplace - May/June 2014

scheduled to take place in the northwest of BC. The proposed LNG projects, the Northwest Transmission Line, the other port related developments, along with the energy and mining opening up in the region will create excellent opportunities for local First Nations to partner with private sector groups.

These projects will not only translate into increased employment opportunities, but also an increase in education and training opportunities in the Northern region.

“Since the 1st annual NABOC Prince Rupert event in 2010, over $60 billion worth of development projects have been proposed for this region and with all of these upcoming projects we’ll certainly see continual growth in and interest in our annual event,” stated Geoff Greenwell, CEO of 2G Group.

“Growing from 280 delegates and 20 exhibitors to 440 delegates and 70 exhibitors in a single year was a big logistical challenge for our team, but we worked hard with both the Civic Centre and Convention Centre staff to make sure our delegates had positive experiences,” explained Rochelle Saddleman, Client Relations Manager at 2G Group, “the addition of the North Coast Job Fair was also very well received by the local community and our exhibitors who are looking to hire

local people.”

“Projects that were only topics of discussion at the first NABOC Prince Rupert event in 2010 are now starting to gain traction and come to fruition as many companies have since then established successful and positive partnerships with BC’s northern First Nations groups. These First Nation groups are now paving the way forward by forming joint ventures with large private sector groups and working closely to establish partnerships in a constructive and respectful manner” Geoff explained.

Ryan Leighton, the Director of Operations for the Metlakatla Development Corporation stated that “NABOC has become the most important First Nations/private sector business conference in northern BC, our development corporation gets great profile and exposure from it. There is much to gain from attending NABOC, business groups are coming together to build upon the partnerships they have and also to establish new ones.”

“The NABOC event is a really important venue, it brings together communities, industry and likeminded business people under one roof, where together they are signing multimillion dollar project contracts, employing local people and investing into the communities” commented Chris Sankey, HR Chair and

Since the 1st annual NABOC Prince Rupert event in 2010, over $60 billion worth of development projects have been proposed for this region and with all of these upcoming projects we’ll certainly see continual growth in and interest in our annual event.” - Geoff Greenwell, CEO of 2G Group.

ITA’s Gary McDermott was busy at his booth

NABOC events always create new friendships

Councillor for the Lax Kw’alaams Band.

Each year, more and more organizations attend the NABOC Prince Rupert event in hopes of establishing equitable and beneficial relationships with local First Nation groups.

All regional First Nations have openly declared that ‘our doors are open for business’ and they are actively seeking successful joint ventures and partnerships with private sector groups.

Neil Philcox from The Blended Capital Group has attended NABOC every NABOC Prince Rupert event and stated that, “NABOC is an energetic gathering of Aboriginal leaders, industry participants and entrepreneurial talent. It is an important opportunity to learn from those who have successfully established new business ventures, and to support leaders who are building stronger economic foundations for their communities. The Blended Capital Group attends all NABOC events and we look forward to the upcoming event in Osoyoos this September”.

Chief Leighton and Mayor Reece shared the stage at the conclusion of the conference to thank the delegates and also performed a ceremonial contract signing with NCSG Crane and Heavy Haul Services Group President, Ted Redmond. Ryan McMahon and The Nass-Ville 5 provided excellent entertainment at the banquet dinner sponsored by Innergex, SMIT Marine and Quickload Logistics. Day 3 saw delegates taking helicopter tours, playing golf and going out on the water to view the development sites from the Metlakatla vessel Tsimshian Storm.

Other sponsors for the this year’s NABOC Prince Rupert included: Pacific Northwest LNG, PTI Group, Northern Savings Credit Union, BC Hydro, Britco, Spectra Energy, Nexen, Stantec, RBC, Canpotex, Commissionaires of BC, IBEW, Maher Terminal, Opus, Graham Group, Transcanada, Black Diamond Group, BG Group, PRPA, Gowlings LLP, Corix, BDC, Shell LNG Canada, Outland Camps, Ridley Terminals, Embark Engineering, NCSG Crane and Heavy Haul Services, Total Safety, Ledcor, DB Shenker, Universal Geomatics Solutions, Fraser River Pile and Dredge and Horizon North, CFNR streamed the event live and Aboriginal Marketplace, CBC Radio and the Northern View provided media coverage.

Each year 2G Group’s - Aboriginal Marketplace Events division continues to showcase existing partnerships and focus on creating new ones through the NABOC Conference Tour. Not only has the Prince Rupert stop become the most popular business networking event in northern BC, numerous multimillion dollar projects have been created based on relationships formed at this unique conference series.

If you’re looking to expand and/or open up your business in the North and are interested in creating successful joint ventures and partnerships with local First Nation groups, then you don’t want to miss the annual NABOC Prince Rupert event. Put it in your calendar for 2015 to join the movers and shakers of northern BC from April 28th – 30th at the Jim Ciccone Civic Centre.

Over 440 delegates attended the NABOC event

Aboriginal Marketplace - May/June 2014 25

Providing Certainty in Uncertain Times Frank Busch - Director of Information & Marketing, First Nations Finance Authority - fbusch@fnfa.ca

W

orking in the Aboriginal community, whether it is in the band office, for a non-profit or a social agency is fraught with uncertainty. Policies are subject to change, funding arrangements change and turnover due to the political process can change everything overnight. Those who are able to succeed are often the ones who are able to adapt quickly to the changing landscape and can manage stress effectively. But even those with years of experience in this environment can get burnt out. This is especially apparent when projects or initiatives that have been worked on for a substantial amount of time are suddenly cut or cancelled. It can be extremely frustrating.

Luckily for members of the First Nations Finance Authority, project financing can become a certainty through our long-term debenture financing program. By issuing a First Nations Finance Authority bond, members are assured “fixed” interest rates as opposed to the “floating” rates offered by traditional lenders. For First Nations with fixed income sources, a floating interest rate is insufficient. Sudden changes in the market can potentially make a project unviable and cause a default when the payment amount is suddenly too high. The First Nations Finance Authority staff work hard to ensure that the project financing matches the revenue source used to secure the loan, with no surprises.

Why? Firstly, because we are 100% First Nations owned and governed. We work for our member communities who compose our Board of Directors. The other reason is because

we have been there too and understand what a First Nation requires. Even for new member St Theresa Point, MB (an isolated, northern First Nation) access to long-term, low-rate financing for initiatives is possible.

A government (especially a First Nations government) must look to the future. Shortterm funding arrangements have created systemic short-term thinking in the Aboriginal community. In order to improve quality of life in our community, First Nations must look ahead by improving infrastructure, investing in equipment and developing their economies.

None of these objectives can be financed in a single fiscal year.

As it can be a long time between Bond issuances and many First Nations projects are time sensitive due to seasonal changes, the First Nations Finance Authority also offers its members an Interim financing program. Our

In order to improve quality of life in our community, First Nations must look ahead by improving infrastructure, investing in equipment and developing their economies.

26 Aboriginal Marketplace - May/June 2014

interim financing is designed to allow the First Nation to access capital on time at below bank prime rates. As of May 31st, 2014 our interim financing rate was 2.6% and is adjusted by market factors. It is subject to change but is a short term solution until the next bond is issued to guarantee stability in capital planning.

While no one can predict what the future may hold, it is nice to have something that is built upon solid ground. The First Nations Finance Authority can help a First Nations community to create some certainty in these uncertain times. Regardless of what may happen at the political level, with the environment or any other variables, a First Nations Finance Authority loan can offer some stability in project financing.

With 33 First Nations members and rising, more and more First Nations are realizing the benefits of borrowing membership. With $54.3 million already working in our member communities, the First Nations Finance Authority is well on its way to achieving its goal of issuing a $100 million bond.

Will your First Nation be a part of the future of First Nations finance?

Legal Eagle ///// Merle Alexander - Partner, Gowlings merle.alexander@gowlings.com

Aboriginal Business Ventures To JV or LP, that is the question?

Merle Alexander

Lawyers are like dentists (except most children aren’t yet afraid of lawyers), all too often a client does not walk in the door until they already have a problem or a toothache.

More specifically, it is definitely a trend in my Aboriginal business law practice that by the time legal counsel is brought into the deal both sides think the “deal is done” and they just want someone to “paper it”.

Or worse, it is a signed deal that has gone wrong and there is a hope that there is an exit point. My job is to help you maintain that consensus with the other side by not upsetting the balance of a deal and anticipate exit points.

A big question that I think should be freely answered is about the best business vehicle for an Aboriginal-Industry collaborative venture: Is a Joint Venture Agreement, Limited Partnership or Limited Liability Partnership best for our business venture? The answer is definitively - limited partnership. Let me explain.

First Nations should establish a business

structure that: (1) benefits the First Nation collectively; (2) increases the capacity of the First Nation; (3) offers flexibility and fosters economic growth & development (4) subscribes to principles of good business governance; and (5) maximizes tax efficiencies. More and more, progressive business partners explore the legal advantages that First Nations bring to the table. Ignoring the preferential tax status of a First Nation partner is simply bad business.

As for structure, as mostly people know, Limited Partnership’s (“LP”) are the flavor of the month for First Nations wanting to create a business entity while taking advantage of limited liability and the Indian Act tax exemption.

There are not a lot of reasons why an LP is superior to a joint venture (“JV”), but even if you decided to build a contractual JV (an incorporated JV Co. would introduce a layer of tax a First Nation and their business partner would not want to see at the JV level), we would probably suggest the Nation’s participant in that JV be an LP so as to shelter the Nation from liability and get the Nation’s share of the JV’s profits up to the Nation without another layer of tax.

Contractual JV’s require drafting and negotiation of almost 100% of the “rules of the road” for the JV, whereas in an LP structure some of what you need is already provided for in the Partnership Act, so for that reason many will say a JV is harder or more painful to set up (particularly when parties simply want to get on with business and don’t have the luxury of time to think of what rules they need to govern every pitfall), but a JV provides more flexibility for those who want to sweat out all the details and have the resources to do so. Finally, an unincorporated JV has no legal entity to sign contracts, bids, etc., so even in that case you typically wind up with some corporate entity even if just to hold title to JV assets (especially any land or land rights) as a bare trustee for the JV. So all things considered you’re probably looking at an LP unless the Nation has a well-worn JV path they like and want to replicate.

Smaller scale business ventures are more reflective of the size of most communities and most industry. This may be the first generation of Aboriginal entrepreneurs, but we are adapting quickly.

In short form: Joint Venture (JV): PRO: Each venture claims depreciation separately CON: Sometimes difficult to ensure it is not a general partnership (with liability issues) Limited Partnership (LP): PRO: Flow-through for tax purposes so no corporate-level tax for First Nation’s share of income CON: Must be careful to maintain limited liability status; liability protection not as good as with a corporation.

Limited Liability Partnership (LLP): • Never chosen over an LP; should use instead of a General Partnership • Only a viable alternative if an LP structure will not work (e.g., participation of partners in business) On a closing note, I would like to say that this flurry of business ventures is extraordinary. In truth, I think there is more business to be done among Aboriginal Peoples and smaller industry than the larger scale projects in impact benefit agreements.

Smaller scale business ventures are more reflective of the size of most communities and most industry. This may be the first generation of Aboriginal entrepreneurs, but we are adapting quickly.

Aboriginal Marketplace - May/June 2014 27

Senators v Nunavut o fact-finding “We certainly would support ways to find cheaper, cleaner, greener alternatives” By: David Murphy of Nunatsiaq News

P

arliamentary senators have been visiting the three northern territories this month to figure out how best to power northern Canada into the future — and that includes discussing Qulliq Energy Corporation’s (QEC) proposed hydroelectric dam in Iqaluit.

The fact-finding mission, which started on May 9 and lasts until May 16, is part of a senate standing committee study on different types of energy development—both renewable or nonrenewable — in the North, to be completed later in 2014.

For Nunavut Senator Dennis Patterson, anything’s better than dirty fossil fuels.

When asked if Patterson supported QEC’s proposal for a hydroelectric dam in Iqaluit, he said, “Yes, as a senator for Nunavut, I would like to see Nunavut reduce their dependence on fossil fuel.”

QEC met with the standing committee on energy, environment and natural resources in

28 Aboriginal Marketplace - May/June 2014

Iqaluit on May 9th and gave a rundown of the project to the senators.

“Fossil fuels produce greenhouse gases, it leaves us vulnerable to world oil prices. It’s dirty, it’s risky to handle and expensive,” Patterson said. “We certainly would support ways to find cheaper, cleaner, greener alternatives.”

That’s crucial in Iqaluit where the community burns one-third of all the diesel fuel purchased for Nunavut annually, Patterson said. He did, however, note public concern about the project — the Qikiqtani Inuit Association and the Iqaluit Community Lands and Resource Committee opposed part of the hydroelectric dam project last year.

“The energy corporation’s territorial representatives told us that this is now a factor that must be considered as they look to move forward in evaluating this option,” he said.

However there’s another interesting prospect that might be in the works, Patterson said: connecting Rankin Inlet to the hydroelectric grid

Senators (from left to right) Dennis Patterson, Grant Mitchell and Richard Neufeld at the Arctic Hotel May 9th in Iqaluit. Seven senators are touring the territories to study renewable and non-renewable energy development.

They plan to publish a report based on their findings in late 2014. (PHOTO BY DAVID MURPHY)

in Churchill, Man. — an idea that’s been talked about for years.

“It could conceivably support mineral resource development and particularly the Meliadine mine.

visit on energy ng g mission As well as meeting community needs in that region on the route,” Patterson explained.

Agnico Eagle is interested in the possible construction of a hydro transmission line to the North American grid in Churchill, Patterson said.

The seven-member senatorial team was to visit the mine in Rankin Inlet, as well as Kimmirut, Yellowknife and Whitehorse.

Senators are also hearing pitches from different energy sector organizations. For example, they heard from the Canadian Gas Association on May 8th.

“That’s one of probably four or five meetings we’ve had. We’re going to be hearing from the Canadian Electrical Association, and we heard from relevant federal departments,” Patterson said.

The committee is meeting with Mayors, MLAs, chambers of commerce, and the general public on its week-long northern tour, said the standing committee chair, Senator Richard Neufeld.

Patterson said these types of missions are important to help politicians in Ottawa understand the issues Nunavummiut are facing.

“With only two representatives in Ottawa — our MP and myself — out of 308 MPs and 105 senators, it’s really valuable to myself and our MP to have political colleagues coming here to see our great challenges for themselves,” Patterson said.

“It’s no secret that most MPs and most senators haven’t had the opportunity to make it to the northern territories,” Patterson said.

However none of the senate committee’s findings will be binding on government and it’s unclear what, if anything will come of the results.

Neufeld said governments look at these senate reports seriously, but “how they will look at them is entirely up to the government that is elected.”

“Many senate studies are very valuable, and carry a lot of weight with the government,” Neufeld said. “You will see some reaction.”

Aboriginal Marketplace - May/June 2014 29

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