ARCHIVED - Impact Evaluation of Treaty Commissions

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Date: February 24, 2010
(Project Number: 08040)

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Table of Contents




List of Acronyms

AMC
Assembly of Manitoba Chiefs

EPMRB
Evaluation, Performance Measurement and Review Branch

FSIN
Federation of Saskatchewan Indian Nations

INAC
Indian and Northern Affairs Canada

MOA
Memorandum of Agreement

OTC
Office of the Treaty Commissioner

RCAP
Royal Commissions on Aboriginal Peoples

SIIT
Saskatchewan Indian Institute of Technology

TRCM
Treaty Relations Commission of Manitoba

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Executive Summary

The Impact Evaluation of Treaty Commissions is intended to provide the Deputy Minister of Indian and Northern Affairs Canada (INAC) with assurances that Treaty Commissions remain relevant, are meeting intended results and are cost-effective. The evaluation will support the process of seeking a renewal of the contribution authority Contribution to provincially and/or regionally based Treaty Commissions, which expiresin March of 2011.

The purpose of Treaty Commissions is to enhance co-operative relationships between First Nation and Canada through mutual exploration of treaty issues. The success of these explorations is seen in improved understanding of treaties and treaty relationships and more harmonious, respectful and productive relationships between First Nation and other Canadians. The primary role of Treaty Commissions is to focus on options for achieving practical results that reflect the treaty relationship.

The scope of the evaluation includes:

The evaluation examined activities undertaken by the OTC and the TRCM from the year 2004 to the present. The evaluation examined each commission separately, as well as assessed the overall results of the Treaty Commissions. The Terms of Reference for the evaluation were approved at INAC's Evaluation, Performance Measurement and Review Committee in April 2009. An evaluation assessment was completed in June 2009 with field work conducted from June to September 2009. The evaluation findings are based on research conducted by the Evaluation, Performance Measurement and Review Branch and Donna Cona (interviews, case studies and literature review).

The evaluation supports the following conclusions regarding the relevance, success, cost‑effectiveness, and future directions of Treaty Commissions in Canada.

Relevance

The evaluation looked for evidence that the work of the Treaty Commissions remains consistent with departmental and First Nation priorities and realistically address an actual need. Findings from the evaluation point to the continued need for dialogue on treaty interpretation and implementation, from the perspective of both the Government of Canada and First Nations, and the continued importance of the role of the Treaty Commissions in this process. Moreover, there remains a high level of need for public education and awareness on issues related to the treaty relationship.

Success

The evaluation looked for evidence that the Treaty Commissions are meeting their intended outcomes. Findings from the evaluation conclude that both the OTC and the TRCM have been successful in increasing awareness and understanding of treaties and the treaty relationship among various stakeholders. In Saskatchewan, the implementation of mandatory treaty education has had a significant impact on students and educators. The OTC has raised the level of understanding of treaties among provincial politicians and contributed to improved awareness of treaties among the general public. In Manitoba, the TRCM is contributing to improved understanding of treaties among students and politicians, and has raised awareness among the general public.

Both commissions have been highly successful in establishing partnerships with a broad range of public and private sector organizations, and are viewed by their partners as neutral and credible bodies. In Saskatchewan, these partnerships have led to changes in government education policies. In both provinces, partnerships have helped extend the commissions' work in public education and awareness of the treaties.

The commissions have made progress in creating more harmonious, respectful and productive relationships between First Nations and other Canadians, especially at the community level in Saskatchewan. However, there are impediments to the commissions' work in improving relationships or resolving treaty issues between Canada and First Nations. In Saskatchewan, this included Canada's failure to respond to the OTC's report on treaty implementation. In Manitoba, issues related to the TRCM's governance structure and mandate has created challenges. Moreover, with two of the four expected outcomes of Treaty Commissions, as stated in the current contribution authority, being related to self-government, the evaluation points to the possible disconnect between the activities being carried out by the Treaty Commissions and the expected outcomes related to self-government.

Cost-Effectiveness

The evaluation examined whether the Treaty Commissions are using the most appropriate and efficient means to achieve outcomes, relative to alternative design and delivery approaches. Findings from the evaluation conclude that Treaty Commissions are leveraging significant resources from direct and in-kind contributions from provincial government departments and agencies and the private sector. The evaluation found the Treaty Commission model to be unique with no evidence of viable alternatives.

Future Direction

The evaluation examined whether the current mandates of the commissions have remained relevant and if Treaty Commissions should be established in other regions of Canada. Findings from the evaluation conclude that the current mandates of both the OTC and the TRCM remain relevant, though it is acknowledged that an expansion of the TRCM's mandate should be considered at a later date. The TRCM needs to resolve its governance issues before it expands its role beyond its current work in research and education.

There is rationale for the establishment of Treaty Commissions in other regions of Canada. New treaty commissions need to be regionally specific, responding to the unique needs, historic circumstances, and political and economic realities of First Nations in that region.

It is recommended that INAC:

  1. Pursue implementation of the historic treaty relationship and the development of a policy framework that will contribute to reconciliation and a revitalization of treaty relationships.

  2. Follow up on its commitment to the OTC for Saskatchewan and table a response to the 2007 OTC report entitled, Treaty Implementation: Fulfilling the Covenant.

  3. Work in partnership with the AMC to examine the governance structure of the TRCM with a view to establishing a neutral body to provide the commission with policy direction.

  4. Improve program management and efficiencies by:
    • ensuring timely processing of contribution payments to the Treaty Commissions; and

    • exploring the possibility of allowing the Treaty Commissions to have access to funding from other federal government departments.

  5. Continue exploratory discussions respecting the feasibility of establishing treaty commissions in other parts of Canada, taking the findings and conclusions of this evaluation into account.
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Management Response and Action Plan

Project Title: Impact Evaluation of the Treaty Commissions
Project #: 08040
Recommendations Action Responsible Managers Planned Implementation Date
1.  It is recommended that INAC pursue implementation of the historic treaty relationship and the development of a policy framework that will contribute to reconciliation and a revitalization of treaty relationships. INAC will pursue policy options and the development of a policy framework for implementing the historic treaty relationship. Director General TAG Policy Development and Coordination Branch in conjunction with the Director General Negotiations Central Examination started in January 2010

TAG will provide an update on the progress of the policy analysis by January 2011
2. It is recommended that INAC follow up on its commitment to the Office of the Treaty Commissioner (OTC) for Saskatchewan, and table a response to the 2007 OTC report entitled, Treaty Implementation: Fulfilling the Covenant. INAC will provide a response to the OTC regarding their report Treaty Implementation: Fulfilling the Covenant. Director General TAG Policy Development and Coordination Branch The response was released in March 2010
3.  It is recommended that INAC work in partnership with the Assembly of Manitoba Chiefs (AMC) to examine the governance structure of the Treaty Relations Commission of Manitoba (TRCM) with a view to establishing a neutral body to provide the commission with policy direction. Over the past fiscal year, discussions were held with representatives of INAC, the AMC, and TRCM as to how best to improve the governance structure relating to the functioning of TRCM. It was decided to reinstitute the Operational Management Committee (OMC) as a means to provide ongoing advice to TRCM regarding priorities, planning and budgeting. The OMC is constituted with representatives of INAC, AMC, and TRCM. Director General Negotiations Central OMC was reinstituted in January 2010
4.  It is recommended that INAC improve program management and efficiencies by:
1)  ensuring timely processing of contribution payments to the Treaty Commissions; and

2)  exploring the possibility of allowing the Treaty Commissions to have access to funding from other federal government departments.
1) In 2009-10, the Treaty Relations Directorate placed increased focus on improving the timely processing of contribution payments to Treaty Commissions and provincial/territorial First Nation organizations. Action taken included a two-day workshop with representatives of Treaty Commissions, Treaty Tables, and INAC. The workshop resulted in a mutually agreed upon approach for working together to ensure more timely processing of contribution payments to Treaty Commissions. Director General Negotiations Central 1) April 2010
2a) The Treaty Relations Directorate will work to ascertain whether or not the Treaty Commissions, in their current form, are eligible to receive any form of funding from federal government departments or agencies other than INAC. 2a) May 2010
2b) If it is confirmed that the commissions cannot access non‑INAC federal government funding, then Treaty Relations Directorate will explore the feasibility of changing the status of the commissions in such a way that they would be eligible for additional funding. 2b) March 2011
5.  It is recommended that INAC continue exploratory discussions respecting the feasibility of establishing treaty commissions in other parts of Canada, taking the findings and conclusions of this evaluation into account. INAC currently has the authority to pursue exploratory discussions with First Nations on the possible establishment of Treaty Commissions. Subject to outcomes of these discussions, and upon agreement with First Nations, to jointly recommend the establishment of a treaty commission, INAC would seek a mandate to negotiate the establishment of Treaty Commissions in other regions of Canada. Director General Negotiations Central Ongoing Exploratory discussions are well underway in Alberta and Ontario. Other exploratory discussions will be considered in the future, subject to a request from First Nations and the availability of resources.
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1. Introduction

The Impact Evaluation of Treaty Commissions is intended to provide the Deputy Minister of Indian and Northern Affairs Canada (INAC) with assurances that Treaty Commissions remain relevant, are meeting intended results and are cost-effective. The evaluation will support the process of seeking a renewal of the contribution authority Contribution to provincially and/or regionally based Treaty Commissions, which expiresin March of 2011.

Treaty Commissions

The purpose of Treaty Commissions is to enhance co-operative relationships between First Nations and Canada through mutual exploration of treaty issues. The success of these explorations is seen in improved understanding of treaties and treaty relationships and more harmonious, respectful and productive relationships between First Nations and other Canadians. The primary role of Treaty Commissions is to focus on options for achieving practical results that reflect the treaty relationship.

There are currently three Treaty Commissions in place in Canada. The scope of the evaluation includes:

The evaluation does not include the work of the British Columbia Treaty Commission that was established in 1992 to facilitate treaty negotiations in British Columbia. These treaty negotiations are commonly referred to as "modern treaties" and involve areas of Canada where treaties were never signed. Treaties signed with Aboriginal people in Canada between 1701 and 1923 are commonly referred to by the federal government as "historic treaties" and include the treaties in Saskatchewan and Manitoba.

Office of the Treaty Commissioner for Saskatchewan

The OTC was established in 1989 to make recommendations on outstanding issues of Treaty Land Entitlement and other treaty issues, such as education. In 1996, the mandate was renewed to include the facilitation of common understandings between the FSIN and the Government of Canada on issues, such as child welfare, education, shelter, health, annuities, justice and hunting, fishing, trapping and gathering. A new commissioner was appointed in 2007 and a new MOA came into effect in April 2008.

The OTC is a neutral body with the mandate to analyze treaty-related issues, develop options, and report to and provide advice and recommendations to the parties (Canada and FSIN) regarding courses of action, which will achieve practical results that reflect the treaty relationship. The purpose of the OTC is to facilitate discussions amongst Canada and First Nations groups, or their political representatives, on a broad range of topics related to or arising from existing treaties. It may also conduct or supervise independent third party research and conduct public information/education activities on a variety of treaty and jurisdictional issues.

Since 1997, the OTC has coordinated and facilitated discussions between Canada and FSIN through a treaty table, which was initially an exploratory treaty table.

Treaty Relations Commission of Manitoba

The TRCM was established in June 2005 through an Order-in‑Council, subsequent to an MOA signed between the AMC and Canada in November 2003. The TRCM is a neutral body with a mandate to strengthen, rebuild and enhance the treaty relationship and mutual respect as envisaged by the treaty parties. The TRCM's purpose is to facilitate discussions of treaty issues between First Nations, Elders, federal, provincial and, if required, other governments and private sector representatives. In addition, the TRCM provides advice and recommendations on treaty issues, design and delivery of public education programs, and manages research activities.

Although the TRCM does not yet have a formal treaty table, the commissioner has the mandate to facilitate discussions on treaties and treaty issues.

Management

The OTC and the TRCM are accountable to both INAC and to the First Nations in their respective provinces who are represented by the FSIN in the case of the OTC, and the AMC in the case of the TRCM. INAC's Treaty Relations Directorate within the Treaties and Aboriginal Government Sector manages the contribution authority.

Beneficiaries

The primary beneficiaries of the work of the Treaty Commissions include First Nations in Saskatchewan and Manitoba, Canada, and the Canadian public at large.

Resources

Under the authority Contribution to provincially and/or regionally based Treaty Commissions, the maximum amount payable is $1.5 million per year per treaty commission.

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2. Evaluation Methodology

Scope and Timing

The evaluation examined activities undertaken by the OTC and the TRCM from the year 2004 to the present. The evaluation examined each commission separately, as well as assessed the overall results of the Treaty Commissions. The Terms of Reference for the evaluation were approved at INAC's Evaluation, Performance Measurement and Review Committee in April 2009. An evaluation assessment was completed in June 2009 with field work conducted from June to September 2009. The evaluation findings are based on research conducted by the Evaluation, Performance Measurement and Review Branch (EPMRB) and Donna Cona (interviews, case studies and literature review).

Evaluation Issues

The evaluation focused on the following issues:

Methodology

The evaluation findings and conclusions are based on the analysis and triangulation of the following lines of evidence:

Considerations and Limitations

Roles, Responsibilities and Quality Control

INAC's EPMRB directed and managed the evaluation in line with EMPRB's Engagement Policy and Quality Control Process. An Advisory Group was established, which included representatives from INAC's Treaty Relations Directorate, INAC's regional offices in Saskatchewan and Manitoba, the AMC, and the FSIN. The broad mandate of the Advisory Group was to provide advice and guidance on the conduct of the study for EPMRB's consideration at key stages of the evaluation process.

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3. Evaluation Findings - Relevance

The evaluation looked for evidence that the work of the Treaty Commissions remains consistent with departmental and First Nation priorities and realistically address an actual need. Findings from the evaluation point to the continued need for dialogue on treaty interpretation and implementation, from the perspective of both the Government of Canada and First Nations, and the continued importance of the role of the Treaty Commissions in this process. Moreover, there remains a high level of need for public education and awareness on issues related to the treaty relationship.

3.1 Consistency with Departmental Priorities

"Treaty commissions will serve as the guardians or keepers of the treaty processes".[Note 1]

Treaties can form the basis of the relationship between Aboriginal people and the Crown. This includes both treaties being negotiated and implemented through the comprehensive land claim process, as well as those relevant to this evaluation, which addresses obligations and rights that exist under treaties concluded between 1701 and 1923.

Treaty rights are constitutionally recognized and affirmed under Section 35 of the Constitution Act, 1982. In 1996, the Royal Commissions on Aboriginal Peoples (RCAP) report affirmed the importance of treaties and the treaty-making process. In Gathering Strength, Canada's response to the RCAP report, the role of historic treaties and the relationship they established as a basis for a strong partnership with Aboriginal people was acknowledged. Canada currently recognizes an estimated 70 treaties that were signed between 1701 and 1923, affecting 369 First Nation communities, nine provinces, three territories and approximately 500,000 registered Indian people. There are currently four treaty tables: Treaty 6 (Alberta), Treaty 8 (Alberta), the FSIN (Saskatchewan), and the Nishnawbe Aski Nation comprising Treaties 5 and 9 (Ontario).[Note 2]

However, divergent views exist between governments and Treaty First Nations regarding acknowledgement, interpretation and implementation of historic treaties. Treaty Commissions can function as an intergovernmental mechanism to assist in the identification and discussion of treaty and jurisdictional issues. As treaty relationships provide a forum for resolving long‑standing claims and disputes, and for improved co-operation between the Government of Canada and First Nations, work conducted by the Treaty Commissions remain highly relevant and consistent with INAC priorities, including the departmental priority area of reconciliation and governance and self-government.[Note 3]

Treaty Commissions are associated with the Cooperative Relationships program activity within the Government strategic outcome as outlined in the departmental Program Activity Architecture. The strategic outcome supports good governance, effective institutions and cooperative relationships with First Nations, Inuit and Northerners, thus, helping Aboriginal people participate more fully in Canada's political, social and economic development. The expected results linked with the activity Cooperative Relationships is the relationships between parties based on trust, respect, understanding, shared responsibilities, accountability, rights, and dialogue, as well as the reconciliation of Aboriginal and other interests through research, assessment, negotiation and implementation of claims and self-government agreements. The mandates and expected results of the Treaty Commissions in both Saskatchewan and Manitoba reflect aspects of this desired outcome.

Moreover, the work conducted by the Treaty Commissions in Saskatchewan and Manitoba supports other departmental priorities areas, including:

3.2 Consistency with First Nations Priorities

First Nations view treaty as the mechanism that governs their relationship with the Crown and its government. Honouring the spirit and intent of treaties, respecting the treaty relationship and developing contemporary and common understandings of treaty rights, remain a priority for First Nations. First Nations in both Manitoba and Saskatchewan stress the need to move toward interpretation and implementation of treaties, in addition to the current activities undertaken by the Treaty Commissions in the areas of public education, independent research, partnerships, facilitation and conflict mediation. Treaty implementation is seen as a vehicle for improving the socio-economic conditions of First Nation people.

3.3 Continuing Need for Treaty Commissions

As stated by the former Treaty Commissioner for Saskatchewan, the Honourable Judge David M. Arnot,

"The treaties are an integral part of the fabric of our Constitution. They form the bedrock foundation of the relationship between the Treaty First Nations and the Government of Canada. It is from the treaties that all things must flow in the treaty relationship. They represent the common intersection both historically and politically between nations. They created a relationship, which is perpetual and unalterable in its foundation principles. The treaties are the basis for a continuous intergovernmental relationship."[Note 4]

There remains a continuing need for reconciliation and a revitalization of treaty relationships leading to treaty implementation in a modern context. First Nations speak to and interpret treaties as living documents and refer to the spirit and intent of treaties. First Nations see treaties as largely unfulfilled. Canada interprets treaties through the written text of treaties as legal documents that define the Crown's obligations and the rights of treaty signatories. The mandates of both commissions emphasize facilitating dialogue between the parties. Treaty Commissions continue to have a role to play in providing a forum in which to manage the fundamentally different perspectives on the treaty relationship between First Nations and Canada. The activities carried out by Treaty Commissions support dialogue and negotiation rather than rights-based or judicial approaches for addressing treaty issues. This work supports improving the relationships between Canada and Treaty First Nations based on trust, respect, understanding, shared responsibilities, accountability, rights, and dialogue.

Treaty Commissions work towards improving public understanding of the treaty relationship. With only one half of Canadians claiming to be familiar with Aboriginal issues, there remains a continuing need to support public education and awareness.[Note 5] Findings from the evaluation point to the important role Treaty Commissions play in increasing awareness of treaty issues and the treaty relationship.

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4. Evaluation Findings - Success

The evaluation looked for evidence that the Treaty Commissions are meeting their intended outcomes. Findings from the evaluation conclude that both the OTC and the TRCM have been successful in increasing awareness and understanding of treaties and the treaty relationship among various stakeholders. In Saskatchewan, the implementation of mandatory treaty education has had a significant impact on students and educators. The OTC has raised the level of understanding of treaties among provincial politicians and contributed to improved awareness of treaties among the general public. In Manitoba, the TRCM is contributing to improved understanding of treaties among students and politicians, and has raised awareness among the general public.

Both commissions have been highly successful in establishing partnerships with a broad range of public and private sector organizations and are viewed by their partners as neutral and credible bodies. In Saskatchewan, these partnerships have led to changes in government education policies. In both provinces, partnerships have helped extend the commissions' work in public education and awareness of the treaties.

The commissions have made progress in creating more harmonious, respectful and productive relationships between First Nations and other Canadians, especially at the community level in Saskatchewan. However, there are impediments to the commissions' work in improving relationships or resolving treaty issues between Canada and First Nations. In Saskatchewan, this included Canada's failure to respond to the OTC's report on treaty implementation. In Manitoba, issues related to the TRCM's governance structure and mandate has created challenges. Moreover, with two of the four expected outcomes of Treaty Commissions, as stated in the current contribution authority, being related to self-government, the evaluation points to the possible disconnect between the activities being carried out by the Treaty Commissions and the expected outcomes related to self-government.

This section will examine the success of the Treaty Commissions in:

4.1 Improving Understanding of Treaties and the Treaty Relationship

The Treaty Commissions have made considerable progress towards improving understanding of treaties and the treaty relationship through public education and awareness, as well as through targeted research.

Office of the Treaty Commissioner for Saskatchewan

It is in the area of public education and awareness that the OTC has made its most significant achievements over the past five years. The commission supports activities that promote understanding of the treaties, the treaty relationship and the contributions of First Nations to Saskatchewan society, in consultation with First Nations Elders. The evaluation found strong evidence of improved understanding of treaties and the treaty relationship in Saskatchewan among school-aged children, educators, and politicians, as well as some evidence of improved awareness among the general public.

Nearly a decade of work on treaty education by the OTC culminated in 2008 with the Province of Saskatchewan, the first in Canada, implementing mandatory treaty education. Beginning in the academic year 2008-2009, all students from Kindergarten to Grade 12 are taught about treaties. Several INAC respondents stated that the implementation of mandatory treaty education has been the most important outcome of the OTC's recent work.

Research conducted by the Saskatchewan Educational Leadership Unit at the University of Saskatchewan, on behalf of the OTC, has led to the development of the Treaty Education Survey, which tracked the implementation of mandatory treaty education. This research demonstrated that, in 2009, 85 percent of Grade 7 students (in provincial as well as First Nations schools) had been taught about treaties in the classroom at some point since Kindergarten. On average, these same students had a score of 49 percent on a survey that tested their knowledge and understanding of treaty learning.[Note 6] It is expected that ongoing monitoring and publicity surrounding the implementation of treaty education, materials and workshops will encourage further expansion and improvement of this new curriculum unit.

The OTC has been responsible for developing and distributing the "Teaching Treaties" curriculum materials that are now in use in schools across the province. In addition to creating treaty curriculum and teacher resources, the OTC has established a Treaty Learning Network. Through this network, the OTC conducted approximately 50 workshops with over 1,600 teachers, administrators and teachers-in-training in 2008-2009. Of those who completed workshop evaluations, 96.5 percent rated them as good to excellent. Furthermore, the OTC has established a cadre of over 190 teachers and 20 First Nations Elders across the province who have received training and who are considered as lead teachers to support those implementing the treaty curriculum units in the classroom.

While treaty education is now mandatory in provincial schools, it is local education officials who make curriculum decisions in First Nations schools. The 2009 Treaty Education Survey showed a strong commitment by administrators of First Nations schools to include treaty education in their curriculum, as 94 percent of First Nations school administrators said that it was included in their schools' learning improvement plans. The impacts of treaty education on First Nations youth are important as research suggests a strong sense of Aboriginal identity and self-efficacy promotes school success among First Nations students.[Note 7] Additionally, greater understanding of treaty issues among non-First Nation children has been demonstrated to decrease racism and combat negative and false conceptions of First Nations.[Note 8]

In addition to school-aged children, there is evidence that the OTC's work has led to improved understanding of treaties among Saskatchewan politicians. The OTC has involved municipal and provincial politicians in workshops, information sessions, and commemorative events, as well as in meetings to discuss specific policy issues such as treaty education. Notably, both a past premier and a Cabinet minister publicly used the slogan "We are all Treaty People" during their time in office.[Note 9]

Findings from the evaluation conclude that the OTC is raising awareness among the general public through its public education campaign. Over the past five years, the OTC's Speaker's Bureau has made presentations to more than 10,000 people. These presentations are made by a combination of First Nations and non-First Nations individuals with knowledge of treaty issues, such as lawyers and Elders. According to OTC participant surveys from the last two years, the majority of attendees at these events responded positively. One such presentation was the catalyst for the development of an outreach program to recruit more First Nations individuals into the field of accounting. A cooperative relationship was thus established between the Certified General Accountants Association of Saskatchewan and First Nations in the province.

The OTC also collaborated with the local CTV affiliate to produce ads using the OTC slogan "We are all Treaty People." The ads tried to demonstrate the ongoing relationship between First Nations and non-First Nations people emphasizing, for instance, that the treaties gave newcomers access to land and resources in exchange for treaty rights (such as health or education). Broadcast audience figures from CTV for April through June 2009 showed that the ads were likely viewed several times by more than half of adult television viewers in the province. In addition, the OTC has set up a permanent treaty display at the Saskatoon airport and co-sponsored exhibits at the Western Development Museum and the Allen Sapp Gallery.

Findings from the evaluation conclude that the OTC's public education and awareness efforts have increased understanding of treaty and the treaty relationship among school-age children, educators and politicians and are contributing to increased awareness among the general public. Public opinion research conducted in 2007 found that residents of Saskatchewan were the most likely of any region in the country to perceive the state of relations between Aboriginal and non‑Aboriginal Canadians as improving.[Note 10]

Research and analysis activities since the year 2004 include the publication of Treaty Implementation: Fulfilling the Covenant (2007). In partnerships with the University of Saskatchewan and First Nations University of Canada, the OTC has also produced several research papers on economic livelihood and consultation.

Treaty Relations Commission of Manitoba

Since it began operating three years ago, the TRCM has focused much of its work on public education and awareness. The evaluation found evidence of improved understanding of treaties and the treaty relationship among students, politicians and the general public. However, the TRCM will require more time to achieve significant results in this area.

To raise awareness and understanding among school-aged children, the TRCM is collaborating with the provincial Ministry of Education, Manitoba First Nations Education Resource Centre and the Assembly of Manitoba Chiefs to develop curriculum materials for grade 5 and grade 6 for Manitoba schools. In addition, the TRCM built an on-site learning centre in the summer of 2009 to serve all ages, and has established a library resource centre and a web portal for educators. The TRCM also has a Speaker's Bureau with some of its events targeted specifically to students. Of the several hundred students who have attended such events, 90 percent of those who responded to an evaluation form said they came away with a better understanding of treaties and the treaty relationship.

Over the past three years, the TRCM has met with elected representatives at all levels of government in Manitoba. While building understanding can be a slow process, there is evidence of progress. In December 2008, then Manitoba Minister for Conservation, Stan Struthers, issued a news release acknowledging the importance of treaty knowledge when announcing training for his staff. He said, "Treaties signed by the federal government and First Nations have impacts in all provinces and the existing broad base of treaty knowledge within the provincial government will be enhanced through this [training for Ministry staff] initiative."

The TRCM has begun a public awareness campaign via Speaker Bureau events, television advertisements and their website. Public opinion research indicates that the TRCM began its public education campaign from a challenging position as, in 2007, 27 percent of Manitobans perceived the relations between Aboriginal peoples and other Canadians to be deteriorating.[Note 11] Key informants interviewed for the evaluation spoke favourably about the efforts of the TRCM to engage the public and believed this work had potential for positive outcomes. Evaluations of Speaker Bureau presentations to general audiences found that 94 percent of respondents said the presentations helped them gain a better understanding of treaties and the treaty relationship.

Similar to the OTC in Saskatchewan, the TRCM partnered with a CTV affiliate to create television advertisements around the slogan "We are all Treaty people." The ads feature prominent people from the First Nation and non-First Nation communities in the province. These ads began running in 2008 and are still airing today. Research conducted for the TRCM in March 2009 by Probe Research Inc. surveyed a random sample of 1,000 adult Manitobans. It found that more than half of those surveyed could recall seeing the ads but that they produced a tepid response among the public with nearly half saying they saw nothing particularly favourable in the ads, though eight out of ten respondents were unable to think of anything they found objectionable about the campaign.[Note 12]

Increased visits to the TRCM's website coincided with the televised ad campaign. In August 2008, prior to the launch of the ads, the website counted 7,926 hits; after the launch, monthly web visits peaked in March 2009 with 22,195 hits. In addition to its television ads, TRCM expanded its campaign with posters on billboards throughout Manitoba and city buses in Winnipeg featuring the "We are all Treaty People" message.

While some further work may be needed to fine-tune the TRCM's advertising campaign, the evaluation concluded that the TRCM's work in public education and awareness is contributing to increased awareness and understanding of treaties and the treaty relationship among students, politicians and the general public.

The TRCM is mandated to conduct independent and focused research in order to build a body of knowledge and understanding of treaty-related issues. Several research activities have been underway since 2007-2008. Some examples include an examination of the Dakota experience in Manitoba, a review of the existing literature around First Nation agricultural practices and a Historical Atlas of First Nations in Manitoba. A co-operative relationship has been established between First Nation and non-First Nation experts involved in research for TRCM. As an example, the TRCM facilitated an academic think tank where historians from across Canada met with the Treaty Commissioner to identify gaps in research and provide advice in the development of a research strategy.

4.2 Developing Partnerships

Both the OTC and the TRCM have been highly successful in establishing partnerships with a wide range of government and private sector organizations. In the OTC's case, these partnerships have led to significant policy changes in education. TRCM's partnerships have allowed it to expand its role in public education and treaty awareness.

Office of the Treaty Commissioner for Saskatchewan

The OTC has created and maintained 31 partnerships over the last four years, including partnerships with provincial government departments, the private sector, First Nations, the RCMP, and cultural and youth organizations.[Note 13] Partners who were interviewed for this evaluation praised the OTC's ability to maintain dialogue between both government and First Nations, and its work building networks between organizations. Others said that the OTC plays a powerful role in provincial education and in influencing attitudes toward First Nations people in the province. The Treaty Commissions' credibility with partners can be attributed to their special status as independent organizations, which represent neither the vested interests of government, nor First Nations.

The evaluation found strong evidence that the OTC's partnerships have resulted in a concrete policy change, namely, the Saskatchewan Ministry of Education's implementation of mandatory treaty education.

Treaty Relations Commission of Manitoba

The TRCM currently has 10 formal partnerships in place with several universities and colleges, as well as public and private sector organizations.[Note 14] It has developed a protocol to guide the process for establishing and maintaining these partnerships. Some of these partnerships allow for informal interaction with provincial departments and politicians to discuss treaty issues. They have also resulted in treaty awareness training for the Royal Canadian Mounted Police, the Winnipeg Police force and Parks Canada.Representatives of partner organizations told evaluators that the TRCM's position as a neutral body, facilitated cooperation and the development of joint activities.

The TRCM is working with the AMC, Manitoba's Ministry of Education and the Manitoba First Nations Education Resource Centre on the development of treaty education with the goal of creating mandatory treaty curriculum for all grades.

4.3 Promoting Economic Self-reliance

The OTC's 2008 MOA identifies economic independence or "economic livelihoods" as one of the priority areas for the commission's work. This includes facilitating activities that examine the current economic environment for First Nations individuals and communities, and the identification of barriers to employment or opportunities.

In the past 18 months, OTC has produced two research reports in this area, The State of Economic and Business Development in Saskatchewan (2008) and Comparison of Impacts of Urban Reserves and Other Vehicles of Economic Development Used by First Nations in Saskatchewan (2009). It alsoorganized a symposium on First Nation economic livelihoods in partnership with the Saskatchewan Indian Institute of Technology (SIIT). Following the seminar, SIIT began operating mobile career assessment units (SIIT Career Coaches) that travel the province to provide career and employment counselling to First Nations individuals.

The OTC is acting as an advisor to Westcap Management, the largest private equity and investment firm in Saskatchewan, which is piloting a program aimed at improving governance and, in turn, the capacity of First Nations to manage their own economic opportunities. Modeled on the Harvard Project on American Indian Economic Development, the initiative secured $4 million in funding through INAC for work in nine pilot communities.

The OTC is involved with a number of innovative initiatives for youth, including the Science Careers/Super Saturdays, whereby the University of Saskatchewan's Engineering Department sends mentors onto reserves to encourage First Nation youth to consider possible careers in science and engineering.

Through all of these initiatives, the OTC is attempting to increase First Nations individuals' access to existing programs and opportunities. Given the TRCM's mandate, and its early stage of development, it has yet to undertake work in these areas.

4.4 Improving Relationships

Office of the Treaty Commissioner for Saskatchewan

While the majority of federal government respondents believe the Treaty Commission has led to improved relationships with Saskatchewan First Nations, there has been little progress in building common understandings with Canada. Both First Nations and INAC officials view the federal government's failure to respond to the OTC's report entitled Treaty Implementation: Fulfilling the Covenant as a major impediment to improved relationships. This lack of response was frequently cited as a source of discontent and frustration among First Nations and INAC officials.[Note 15] As stated by INAC, given the complicated and significant nature of the subject matter of the report, a great deal of internal consideration and discussion followed its receipt by the Department. This resulted in a significant delay in the development of Canada's formal response to the report.

This lack of progress in building common understanding and improving relationships contrasts sharply with progress made the years following the establishment of the OTC in 1989. According to FSIN, at that time, senior political and bureaucratic level engagement in working through issues helped drive the parties towards a successful resolution. For example, in 1992, Canada and 25 Saskatchewan First Nations signed a Treaty Land Entitlement Framework Agreement that provided approximately $600 million to add more than two million acres of land to reserves. According to FSIN representatives, the positive spin offs of that agreement are still being felt.

In addition, self-government negotiations led to an Agreement-in-Principle and Tripartite‑Agreement-in-Principle though an impasse on negotiations was reached and these agreements were not ratified. The reasons for the present impasse related to these agreements are well documented in the OTC's report on treaty implementation and includes the following;

"What is missing, both in the federal government's 1995 "Inherent Right Policy" and the Agreement-in-Principle, is a commitment to define the relationship between the treaties and the overlapping sovereignties of the parties and explicitly recognize that contemporary governance agreements where treaties have been made will necessarily build upon a pre-existing foundation of reconciliation."[Note 16]

The evaluation acknowledges that the 1996 and 2008 MOAs do not instruct the OTC to conduct or support treaty negotiations so the comparison to previous progress is not a criticism of OTC's current work. However, with two of the four expected outcomes of Treaty Commissions, as stated in the current contribution authority, being related to self-government (they include: increased public support for self-government agreements; and self-government agreements, which reflect treaty relationships), this discussion points to the possible disconnect between the activities being carried out by the Treaty Commissions and the expected outcomes related to self‑government.

Treaty Relations Commission of Manitoba

As in the Province of Saskatchewan, the evaluation found challenges to the relationship in the Province of Manitoba between First Nations and Canada. The governance model for the TRCM established by the MOA does not provide a formal forum for Canada and First Nations to discuss treaties and treaty issues. Representatives from the TRCM and the AMC state that the lack of such a mechanism poses both governance issues and can hinder the TRCM's ability to facilitate progress toward common understanding of treaty issues.

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5. Evaluation Findings - Cost-Effectiveness

The evaluation examined whether the Treaty Commissions are using the most appropriate and efficient means to achieve outcomes, relative to alternative design and delivery approaches. Findings from the evaluation conclude that Treaty Commissions are leveraging significant resources from direct and in-kind contributions from provincial government departments and agencies and the private sector. The evaluation found the Treaty Commission model to be unique with no evidence of viable alternatives.

5.1 Leveraging

There was no expectation stated by any of the signatory parties that the Treaty Commissions in either province would leverage resources through direct, in-kind, or any other types of contributions. However, both Treaty Commissions have successfully leveraged significant resources by securing direct and in-kind contributions, including seconded staff from their partners. 

The OTC has leveraged more than $2.3 million in direct and in-kind contributions since 2004, representing approximately 30 percent of the budget received from INAC between 2004 and 2009.[Note 17] Contributions came from the following sources:

The TRCM has leveraged $360,000 in direct and in-kind contributions since 2008, representing approximately seven percent of the overall budget received from INAC between 2006 and 2010.[Note 18] Contributions came from the following sources:

Neither the OTC nor the TRCM have received funding from federal sources other than from INAC. The TRCM's designation as a federal institution outlined in the Order-in-Council has constrained its ability to access other federal funding. According to TRCM officials, three separate research funding applications, totaling approximately $220,000, were rejected due to this designation. This designation issue was not seen as a constraint on the OTC's efforts to leverage resources. OTC looked to other sources, such as the province and private enterprise.

5.2 Overlap and Duplication

The evaluation found no evidence of overlap or duplication in the work of either Treaty Commission. Though their activities complement the work of governments and First Nations and share similar long-term outcomes with other organizations, their activities, outputs and shorter‑term outcomes are unique. The commissions' unique status relates to their position as neutral and independent bodies that are charged with providing accurate information on treaties while acting as intermediaries between First Nations and other Canadians, as well as between Canada and First Nations.

Education

Both commissions are developing curriculum to assist educators in teaching treaties in the classroom. This curriculum work is unique, and duplication has been purposefully avoided in Saskatchewan as the provincial Ministry of Education has entered into a partnership with the OTC, whereby, the OTC creates education material and provides training to teachers. The TRCM is in the initial partnership stage with the Manitoba Ministry of Education and the evaluation found no evidence of other organizations writing treaty curriculum.

As for public education, both commissions are the first and only organizations to engage in televised awareness campaigns and to have a Speakers Bureau on treaty issues. The commissions have positioned themselves as the only bodies that can represent the treaty issues from an independent perspective.

Research

The evaluation found no evidence of overlap or duplication of the research work of the OTC or its publications. INAC respondents raised concerns that there may be possible duplication in research work undertaken by the TRCM and the AMC, but respondents from both the TRCM and AMC saw themselves as working collaboratively in partnership on shared research objectives.

Economic Livelihood

The OTC's work related to economic livelihood complements the efforts of others and often offers opportunities for strategic partnerships. The OTC forms such partnerships to respond to gaps in services for First Nation people.

Facilitate Discussions of Treaty Issues

The evaluation found no duplication or overlap of the facilitation work of the OTC. Some INAC respondents suggested there might be duplication in having both a treaty table and a treaty commission. However, the evaluation found that the roles of these two bodies are distinct. The Treaty Table provides a forum for dialogue. It also provides policy guidance to the commission and reviews the research, which the OTC has been directed to undertake. The OTC conducts research from an independent and neutral standpoint, provides administrative services, such as preparing and circulating materials, and facilitates the discussions at the Treaty Table.

Though the TRCM has not yet begun to facilitate discussions on treaty issues between Canada and First Nations, there is no other similar body in the province mandated to fulfill this role.

5.3 Effectiveness of the Model

The evaluation found no evidence of viable alternatives or similar mechanisms for the work undertaken by the Treaty Commissions.

The evaluation examined other bodies that do similar work in other countries. The entity doing work most similar is the Waitangi Tribunal in New Zealand. The Waitangi Tribunal, established in 1975, is a permanent commission of inquiry that investigates Maori claims of Crown breaches of the Waitangi Treaty (signed in 1840 by British settlers and 500 Maori chiefs). This tribunal is an investigative body that judges land claim questions and treaty issues, without focusing on public education and awareness. The judicial lens of the Waitangi Tribunal is very different from the current approach being taken in Canada and is not viewed by the evaluators as a viable alternative.

5.4 Governance Structures

The OTC's governance structure provides a strong role for the Commissioner who is responsible for the overall management of the commission and is able to undertake action on his own initiative. The Treaty Table regular meetings can be used as a forum where the Commissioner can seek advice and guidance. The OTC engages Elders from the five nations of Saskatchewan (Dene, Cree, Saulteaux, Dakota, and Nakota) to support its work as required.

A Senior Administrators' Committee exists, which has the responsibility to report to the Minister and Chief of FSIN. It was delegated to the Director General level at INAC and the Director of Treaty Governance Office at FSIN. The FSIN indicates that, while this forum is good for administrative activities, setting the long term direction for the commission should be done by the principals under the OTC MOA – the Chief of the FSIN and the Minister of Indian Affairs and Northern Development. The commission has not had the opportunity for a joint meeting of these two for at least five years.

Governance issues at TRCM are posing some difficulties for the organization. The TRCM is aware of these issues and has hired a consultant to prepare a report on its governance structure.[Note 19] The preliminary findings from this report found that the commission's accountability framework established under the MOA ensures TRCM is reporting to both parties. It also found that while a joint senior officials committee has the responsibility for providing policy direction, approving annual work plans and budgets, the commission lacks a body to assist with strategic planning and developing the formalized principles and policies, which the commission needs to focus on its work. In addition, TRCM and AMC officials state that the commission lacks a neutral body to review, validate and approve research. Under the current model, the parties are directly involved in the management of TRCM. The TRCM governance report further suggests that to preserve the TRCM's fundamental guiding principle of neutrality, the commission should be operating at arms length from its founders (Canada and AMC). To this end, it recommends that the TRCM establish a board of directors. The AMC has requested further research on the issue and INAC has yet to respond formally to the report.

5.5 Program Management

An administrative issue raised by both commissions was delays in payments by INAC that have held up initiatives and led to unnecessary borrowing charges. The delays arise from INAC's process of releasing payments to the commissions. The OTC reported that the commissioners had to open a personal line of credit to cover operating costs and staff salaries due to payment delays. TRCM reported having lost time, research capacity and completion of work plan activities, as late payments impeded their ability to recruit and secure academic researchers.

Evaluators noted that all treaty commission quarterly and annual reporting to INAC focused on activities and outputs rather than outcomes. However, in advance of this evaluative process, both commissions updated their performance measurement strategies to reflect results reporting.

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6. Moving Forward

The evaluation examined whether the current mandates of the commissions have remained relevant and if Treaty Commissions should be established in other regions of Canada. Findings from the evaluation conclude that the current mandates of both the OTC and the TRCM remain relevant, though it is acknowledged that an expansion of the TRCM's mandate should be considered at a later date. The TRCM needs to resolve its governance issues before it expands its role beyond its current work in research and education.

There is rationale for the establishment of Treaty Commissions in other regions of Canada. New treaty commissions need to be regionally specific, responding to the unique needs, historic circumstances, and political and economic realities of First Nations in that region.

6.1 Current Mandates

Two reports on the situation of Aboriginal people in Canada recommend the creation of Treaty Commissions and outline the proposed mandates for these institutions. The RCAP report (1996) recommended that Treaty Commissions be established across Canada to create an environment, which permits the treaty process to succeed. Such commissions would provide an entire range of services necessary to foster and facilitate the success of talks, including public education, justice and reconciliation, and the renewal of treaties and treaty relationships.

The Ipperwash Inquiry report, released in Ontario in May 2007, recommends the establishment of a Treaty Commission of Ontario, with a four part mandate:

The recommendations from both the RCAP and Ipperwash Inquiry reports support the creation of mandates for Treaty Commissions, which place these institutions at the centre of land claims processes and in discussions to settle treaty issues. These reports emphasize the importance of fostering good relationships as the first step in settling outstanding treaty issues. The importance of public education as part of the commission's mandate is also cited. The current mandates of both commissions therefore remain relevant as they serve to strengthen and maintain the relationship between First Nations and the Crown.

The mandate of the OTC was enhanced during the 2008 renewal of the MOA to include economic livelihood as an area of focus, building on the previous mandate's success around education and awareness. The mandate also states that the OTC will work with the Treaty Table to identify options and make recommendations to assist in resolving issues that affect the treaty relationship in priority areas, which include, but are not limited, to economic independence, First Nation citizenship and its relations to First Nation governance, justice, education and child welfare, and health. According to the FSIN, for the Treaty Table to successfully address any one of these issues, it will require senior level engagement by both treaty parties, with sufficient authority to work towards practical, treaty-based outcomes. Moreover, OTC states that in order to make the Treaty Table more effective, they must take a stronger secretariat-leadership role.

The mandate for the TCRM is comprised of three areas of activity: education, independent research and facilitation. The mandate remains relevant although the primary focus has been education and research. Additional work is required on facilitating discussions on the treaties and treaty issues. The AMC and some Manitoba First Nation Chiefs expressed the need for an enhanced role for the TRCM, including treaty implementation. The mandate negotiated between AMC and Canada was seen as a starting point and that the renewal process should be about renegotiating a mandate closer towards resolution of treaty issues. Findings from the evaluation conclude that the TRMC needs to resolve its governance issues before any expansion of its mandate should occur.

6.2 Establishment of Other Treaty Commissions

Canada has considered the development of additional Treaty Commissions in Canada, including Alberta and Ontario as well as the Atlantic. In 2003, both Alberta and Manitoba were considered as potential regions in which to establish a treaty commission as the success of the OTC in Saskatchewan led the Government of Canada to consider the development of commissions for these provinces. Though INAC and the provincial First Nation representative organization continue to discuss the possibility of a treaty commission, in Alberta, no agreement has yet been reached.

In Ontario, the 2007 Ipperwash Inquiry Report explains that current misunderstandings between Aboriginal peoples and non-Aboriginal peoples are the result of century-old tensions over the control, use and ownership of land. The report argued that a Treaty Commission in Ontario would serve to assist the governments of Ontario, Canada and First Nations to negotiate settlements of land claims independently and impartially, and would also promote general public education about treaties in Ontario. Following the Ipperwash Inquiry Report's release, the Government of Ontario established the Ipperwash Inquiry Priorities and Action Committee in spring 2008. This committee works to address the recommendations from the report, and a sub‑table of this committee is examining the establishment of a Treaty Commission of Ontario.

INAC officials support the establishment of new treaty commissions in Canada as the Department views Treaty Commissions as a vehicle through which the treaty relationship can grow and evolve. Both INAC and First Nations' respondents emphasized that the mandate of new treaty commissions must be regionally specific and reflect the unique characteristics, historic circumstances, aspirations and political and economic realities of local First Nations. The OTC questions, however, why INAC is considering establishing other commissions when they cannot appropriately support, both financially and engagement wise, the commissions they currently have.

Lessons learned from the OTC and TRCM for the establishment of new treaty commissions include:

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7. Conclusions and Recommendations

7.1 Conclusions

The evaluation supports the following conclusions:

7.2 Recommendations

It is recommended that INAC:

  1. Pursue implementation of the historic treaty relationship and the development of a policy framework that will contribute to reconciliation and a revitalization of treaty relationships.

  2. Follow up on its commitment to the OTC for Saskatchewan and table a response to the 2007 OTC report entitled, Treaty Implementation: Fulfilling the Covenant.

  3. Work in partnership with the AMC to examine the governance structure of the TRCM with a view to establishing a neutral body to provide the commission with policy direction.

  4. Improve program management and efficiencies by ensuring timely processing of contribution payments to the Treaty Commissions, and exploring the possibility of allowing the Treaty Commissions to have access to funding from other federal government departments.

  5. Continue exploratory discussions respecting the feasibility of establishing treaty commissions in other parts of Canada, taking the findings and conclusions of this evaluation into account.
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Footnotes:

  1. Royal Commission Report on Aboriginal Peoples, 1996, Vol 2, Part 1, Section 8.1.(return to source paragraph)

  2. This information pertains to "historic" treaties and does not include "modern-day" treaties known as comprehensive land claim settlements.(return to source paragraph)

  3. INAC and Canadian Polar Commission, 2009-2010, Report on Plans and Priorities, 2009, p 9.(return to source paragraph)

  4. Office of the Treaty Commissioner, Treaty Implementation: Fulfilling the Covenant (Saskatoon: Office of the Treaty Commissioner, 2007), pvii.(return to source paragraph)

  5. Focus Canada, The Pulse of Canadian Public Opinion, Environics Research Group, 2007(return to source paragraph)

  6. Office of the Treaty Commissioner, Saskatchewan Treaty Surveys: Grade 7 Student Knowledge and Understanding and Teacher Treaty Education Resources Final Report. (Saskatchewan: University of Saskatchewan, Saskatchewan Educational Leadership Unit), 2009.(return to source paragraph)

  7. Loraine Thompson. Self-Concept and First Nations Education: An Analysis of the Literature. (Saskatchewan: Office of the Treaty Commission) 2006.(return to source paragraph)

  8. Jennifer Tupper and Micheal Cappello. "Teaching Treaties as (Un)Usual Narratives: Disrupting the Curricular Common Sense," Curriculum Inquiry 38,5 (December 2008): 559-578.(return to source paragraph)

  9. Government of Saskatchewan, News Release. September 15, 2008, and Regina Leader Post, March 31, 2007.(return to source paragraph)

  10. Environics Research Group, Focus Canada: The Pulse of the Canadian Public Opinion, 2007.(return to source paragraph)

  11. Environics Research Group, Focus Canada: The Pulse of Canadian Public Opinion, 2007(return to source paragraph)

  12. Treaty Relations Commission of Manitoba, March 2009 Omnibus. (Winnipeg: Probe Research Inc.) 2009.(return to source paragraph)

  13. Partnering organizations include: FSIN, Saskatchewan Ministry of Education, CTV Saskatchewan, Saskatchewan Indian Institute of Technology, Saskatchewan School Boards Association, SaskTel, Saskatchewan Indian Cultural Centre, Saskatchewan Teachers Federation, Saskatoon Airport Authority, First Nations University of Canada, Saskatchewan Educational Leadership Unit of U of S, Junior Achievement, Credenda Virtual High School, Saskatchewan Instructional Development and Research Unit of U of R, RCMP Depot, Allen Sapp Gallery, Canadian Council on Learning, Evolution Technologies, Western Development Museum, League of Educational Administrators Directors and Superintendents, Saskatchewan Arts Board, Tribal Councils and FN Schools, Saskatchewan Communications Network, Grasslands National Park, Westcap Management, Army Cadets, Mennonite Central Committee, Saskatchewan Chamber of Commerce, Aboriginal Human Resources Council, Enterprise Saskatchewan, and Saskatchewan Labour Market Commission.(return to source paragraph)

  14. Partnering organizations include: RCMP D Division, Manitoba First Nations Education Resource Centre, Aboriginal Leadership Institute Inc., Parks Canada, Manitoba Conservation, Brandon University, Red River College, Winnipeg Police Services, Riding Mountain National Park of Canada, and Manitoba Hydro.(return to source paragraph)

  15. In 2005, the FSIN and INAC requested that the OTC produce a report on treaty implementation. The report, Treaty Implementation: Fulfilling the Covenant, was published in 2007. Though both Canada and FSIN agreed to respond to this report, at the time of the fieldwork for the evaluation, only FSIN had responded with a document entitled, Treaty Implementation Principles. In March of 2010, Canada provided a response.(return to source paragraph)

  16. Office of the Treaty Commissioner, Treaty Implementation: Fulfilling the Covenant, (Saskatoon: Office of the Treaty Commissioner, 2007), p. 108.(return to source paragraph)

  17. OTC calculations include the total budget allocations for five fiscal years from INAC, in-kind and cash contributions were received over the full five years.(return to source paragraph)

  18. TRCM calculations include the total budget received from INAC for four fiscal years, in-kind and cash contributions were received over two fiscal years. The calculations only included contributions made in the first three months of fiscal year 2009-2010.(return to source paragraph)

  19. Sero, K.A. An Examination of and Recommendations on Governance of the Treaty Relations Commission of Manitoba (Draft), 2009.(return to source paragraph)

  20. As stated in the Royal Commission Report on Aboriginal Peoples, 1996, Vol2, Part 1, Section 8.1.(return to source paragraph)

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