Sunday 20 March 2011

$$$ notes

Fiduciary is a legal description of financial obligations for FN under treaty, in 2014 they call those funding authorities by treasury board, for ex. Equalization payments and CANADA HEALTH SOCIAL TRANSFER PAYMENTS ARE ARRANGEMENTS BETWEEN THE FEDERAL AND PROVINCIAL GOVERNMENTS. THESE TWO TRANSFER PAYMENTS WITH EXPIRE WILL EXPIRE IN 2015. These two transfer payments were established in 1994 qand 1995 to address the massive federal deficit, these two transfer payments are cost sharing arrangements between the federal and provincial governments, the first nations are federally responsible for any funding but they are implicated by these transfer payments because there is no federal legislation for funding arrangements between the federal government and first nations. The Indian act is only administrative legislation and Canada and the federal government has to use existing means of transferring money to first nations. That is why treasury board is the government department that outlines the authority for first nations funding. The last time these transfer payments were being diuscusssed between the feds and the provinces , first nations were not involved. For first nations to address financial short falls they must now be part of discussions and planning right now instead of at the expiry date of 2015. This is planning, they need to part of to address problems. Federalism, that concept of federalism, describes that Canada is a federal state, which means that Canada is made of a national govt and provincial governments, it has according to the constitution a division of constitutional powers section 91 outlines the authorites of the federal govt. sec 92 describes the provincial authorites. The federal govt is responsible for services and programs that are national interest like war ect and provincial governments are responsible for programs that are local in nature. Like welfare , education, highway traffic act ect. Federalism describes the funding regimes  between the fed and prov govt, the ques is , how does fn fit into the funding regimes, Canada by virtue of the constitution is responsible ofr first nations sec 91(24) of the constitution therefore federal government has a fiduciary obligations to FN. The confusion comes when the provincial govt have the jurisdiction like education welfare and social programs, so the basic ques is, who has the real fiduciary responsibilities of first nations.Q What causes the underfunding for fn? A.Canada is federal state, there is a division of powers, sec 91 and 92. There is no adaqute funding arrangements for first because there is no federal law . the funding that first nations receive is not treaty money. Example is welfare. Welfare is provided to first nations at the reserve not because they are treaty because they are residents of Manitoba. Jurisdiction. To understand fn funding, one has to understand Canada is a federal state with division of powers between the prov and feds. Jurisdiction is the legal term, that the provinces have in their areas. Treaties were suppose to be about natural resources. Educ, welfare, and health are not treaty rights. /most chiefs think INAC is the answer but they are so far down the ladder of decision making.

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