Journey to Gwayile'las - Interim Protocol Summary
‘Namgis Title and Rights Forum: Interim Protocol Summary
To support transparent communications with ‘Namgis members, this summary of the Journey to Gwayile'las - Interim Protocol highlights what each section talks about. To be fully informed about what the Journey to Gwayile'las - Interim Protocol says, it is important to read the full document.
Preamble
The preamble section sets the stage. It describes the context for the Journey to Gwayile'las - Interim Protocol and confirms that the ‘Namgis Elected Chief and Council (Council) and ‘Namgis Hereditary Chiefs (Chiefs) want to use the Journey to Gwayile'las - Interim Protocol to help guide them in working together to “uphold their respective responsibilities, build unity and continue to implement ‘Namgis self determination in accordance with Gwayile’las.”
Definitions
This section explains what key terms in the document mean and how they should be interpreted.
Purpose of the Interim Protocol
This section explains the reasons why the Council and the Chiefs want to strengthen their relationship. It also talks about the benefits of a unified approach to asserting ‘Namgis title and rights and caring for the territory.
This section also clarifies the roles and responsibilities of the ‘Namgis Council and Chiefs. It says that these roles will continue to be in place until ‘Namgis members decide on a new form of governance.
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Role of ‘Namgis Elected Chief and Council |
Role of ‘Namgis Hereditary Chiefs |
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Continue to be the political, administrative and legal representatives for all initiatives and negotiations with federal, provincial and other parties. |
Continues to be respected in providing leadership and guidance to Council and Members with respect to ‘Namgis title and rights. |
This section sets out the beliefs and rules that the Council and Chiefs agree should guide how they work together.
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The Role of the ‘Namgis Title and Rights Forum
This section explains that the main role of the Forum is to ensure that the interests of ‘Namgis members interests and priorities are considered in decisions that impact ‘Namgis title and rights. It also identifies the specific topics that should be discussed by the Forum. They are:
protecting and advancing ‘Namgis title and rights;
natural resource management, including land-use planning activities and co-management arrangements;
rights based fisheries and harvesting,
litigation or negotiations affecting ‘Namgis title and rights;
negotiations regarding overlapping claims with neighbouring Nations;
the integration of cultural protocols in ‘Namgis First Nation administrative policies,
major investment from economic development activities in the Territory; and
the development of a ‘Namgis Declaration, ‘Namgis Constitution and ongoing implementation of Gwayile’las, “Our Way”.
This section also talks about the process that the Council and Chiefs will create for making decisions, and how ‘Namgis members need to be involved in that process. This section talks about the type of information that will be shared by the Council with the Chiefs to help them participate in decision-making in the Forum.
The process that the Council and Chiefs will follow to make decisions is called the Mandate Development and Collaboration Framework. The details of the Framework are provided in Appendix B. The Framework outlines how three types of decisions are made:
Membership decisions: These are decisions that only ‘Namgis members can make. These decisions relate to issues that could fundamentally and permanently change how ‘Namgis exercises its title or rights (things like a treaty, self-government agreement, extinguishment of rights).
Forum advice: These are decisions that Council makes in consultation with the Hereditary Chiefs. These decisions relate to issues that have significant impact on 'Namgis title and rights.
Administrative decisions: These are decisions that Council can make on its own. These are limited to actions that administration takes to operationalize Forum advice.
Forum Meetings
This section confirms that the Forum will meet at least four times per year. It also acknowledges that the Forum’s work relies on the Council being able to find and secure the people and money to keep it going.
Communications with Members
This section talks about how confidential information will be treated by the Forum. It also confirms that that the Council will be responsible for community engagement about the Forum’s business.
Compensation and Administrative Support
This section says that all Forum members will be compensated for their time and expenses following ‘Namgis First Nation approved rates.
Review and Reaffirmation
This section says that the Forum will review the Journey to Gwayile'las - Interim Protocol after the first six months, and then once per year.
Dispute Resolution
This section talks about how the Forum will resolve disputes. If a dispute or disagreement happens, the first step will be to appoint a working group of two Chiefs and two Council members to decide what to do. Mediation or culturally relevant dispute resolution process can also be used.
Term
The section confirms that the Journey to Gwayile'las - Interim Protocol is a temporary agreement until a blended governance system can be established.
Amendment
Any amendments to the Journey to Gwayile'las - Interim Protocol must be done in writing.
Execution
This section says that the Interim Protocol can be signed for the Council by any elected person who is not also a Hereditary Chief. There is no limit on the number of individuals who sign on behalf of each 'Namima. Who will sign on behalf of a 'Namima is the business of the 'Namimas.
