Policy and Legislation Northern Governance Policy Research - - PowerPoint PPT Presentation

policy and legislation
SMART_READER_LITE
LIVE PREVIEW

Policy and Legislation Northern Governance Policy Research - - PowerPoint PPT Presentation

Policy and Legislation Northern Governance Policy Research Conference November 4, 2009 Gavin Gardiner Presentation Outline CTFN Background CTFN Approach and Philosophy Research Implications This is about a legacy. It is both a


slide-1
SLIDE 1

Policy and Legislation

Northern Governance Policy Research Conference

November 4, 2009

Gavin Gardiner

slide-2
SLIDE 2

Presentation Outline

  • CTFN Background
  • CTFN Approach and Philosophy
  • Research Implications
slide-3
SLIDE 3

“This is about a legacy. It is both a legacy that

  • ur ancestors taught us, and it is about a legacy

to our future generations as well.” Khà Shâde Héni Mark Wedge (2005) speaking on CTFN legislation.

slide-4
SLIDE 4

CTFN Background

  • 11 of 14 Yukon First Nations have signed Final (FA) and Self-

Government Agreements (SGA).

  • All based on the Umbrella Final Agreement (UFA) signed in

1993 after 30 years of negotiating.

  • Carcross/Tagish First Nation the last YFN to sign the

agreements.

  • FA and SGA were ratified in in 2005 and became effective in

January 2006.

  • Ownership and management of over 1,500 square kilometers
  • f land.
  • Legislative authority in over three dozen areas of jurisdiction

both citizen and land based.

slide-5
SLIDE 5

CTFN Approach to Governance

  • State of the Nation – 1997
  • Constitution – 1998
  • Clan Based Research Project – 2000/2001
  • Governance Reorganization – 2006
slide-6
SLIDE 6

Clan Based Governance

  • Kookhittaan - Crow Moiety
  • Ishkaahittaan- Crow Moiety
  • Yan Yeidi
  • Wolf Moiety
  • Gaanaxteidi
  • Crow Moiety
  • Deisheetaan - Crow Moiety
  • Daklaweidi
  • Wolf Moiety
slide-7
SLIDE 7

Clans

  • Clans are the basis of community decision

making.

  • Basis for all CTFN appointments to boards

and committees.

  • Matriarchal
  • Auyxaudi (House Masters)
slide-8
SLIDE 8

Administrative Structure

Based on the Medicine Wheel

slide-9
SLIDE 9

Cube Philosophy

  • A three dimensional check list.
  • All laws, projects, programs and policies must

be mindful of the emotional, spiritual, physical and mental elements of an individual through all stages of life: infants, youth, adults and elders.

slide-10
SLIDE 10

Values and Virtues

slide-11
SLIDE 11

CTFN Approach to Legislation

  • Guided by the underlying philosophy of the CTFN

Government.

  • Legislation is drafted to be not only accessible but a

cultural, educational and healing tool for widespread community consumption.

  • Attempts to meld traditional laws and oral history

with western legal standards.

slide-12
SLIDE 12

Book One

  • “Traditional Beliefs and Practices: Our Place, Our

Responsibilities.”

  • Serves as a template and guiding document for all

future Books of Law.

  • A history of the Nation and an outline of the

philosophy.

  • Passed at the November 2008 General Council.
slide-13
SLIDE 13

Book Two

  • Traditional Family Beliefs and Practices or

“The Family Act”.

  • Deals with child protection and support for

families at risk.

  • Creates opportunities for a community to

raise a child.

  • CTFN’s flagship legislation
slide-14
SLIDE 14

Unique aspects of the Act

  • Traditional Stories
  • Contemporary Stories
  • Our Beliefs
  • Elder Quotes
slide-15
SLIDE 15

Primary Principle – The Best Interests of the Child

The best interests of the child is paramount but not the exclusive principle governing the nurturing of children.

  • Secondary Principles
  • Importance of supporting and preserving our families.
  • Measures taken to maintain and to reestablish connections.
  • Families and clans are the primary caregivers and protectors
  • f children.
  • Recognize and respect the rights of children, natural parents,

families and clans in all our processes.

  • Support all parties.
  • Look to our traditional practices.
slide-16
SLIDE 16

Process continued.

  • Traditional responsibilities based on values
  • Community first resort
  • Government/Court last resort
  • Mandates at every stage in process:
  • Return to previous level of responsibility
  • Engage family, clan, community
  • Shared track of responsibility
  • Process for proactive self correction/accountability:

» Self » Family » Clan » Community » ----------------------- Court/Tribunal

slide-17
SLIDE 17

Research Implications

  • Reconciling Philosophy
  • Codifying Oral History and Traditions
  • Path of Least Resistance
  • Politics of Small Communities.

* Following views are strictly my own and do not represent the views of the

Carcross/Tagish First Nation

slide-18
SLIDE 18

Reconciling Philosophy

Western approach to policy and research

  • Based on mitigation of

liability.

  • Rigid.
  • Inaccessible.

Community based approach to policy and research

  • Based on values and

virtues.

  • Living documents.
  • Inclusive.
slide-19
SLIDE 19

Codifying Oral History and Traditions

  • Is not without controversy, even when done

by trusted citizens of the First Nation.

  • Stories and knowledge around certain areas

should not be for general public consumption.

  • Some believe any attempt to meld the

western and traditional compromises the traditional.

slide-20
SLIDE 20

Path of Least Resistance

  • Capacity and fiscal restraints often dictate the

direction of government policy and research.

  • Building new governments based on a

community based philosophy is time and cost

  • consuming. Copying western models is less

so.

  • Competition is present where cooperation

should exist.

slide-21
SLIDE 21

Politics of Small Communities.

  • aka there are no ivory towers in Carcross.
  • Policy and research are not conducted in a

vacuum.

  • The visceral nature of politics in small

northern communities has an impact on the policy and research outcomes.

slide-22
SLIDE 22

Thank you Gunalchéesh