What is FSMC?
- The Fraser Salmon Management Council is a Tier 1 (First Nations-only) governance body currently in negotiations with Fisheries and Oceans Canada (DFO). The goal: to secure a role for First Nations in management decision-making processes over Fraser salmon.
- FSMC’s mandate to negotiate comes via Council Resolution from its member nations.
What are the benefits of the FSMC?
- To protect our interests related to Fraser salmon;
- improve technical, communications and planning capacity related to Fraser salmon management; and
- strengthen and support First Nation’s rights and responsibilities related to Fraser salmon.
Submitting Council Resolutions
Why are First Nations being asked to approve the constitution and bylaws if it was already approved by the Assembly?
- The Fraser Salmon Management Council needs to be confident that it has a mandate to proceed from their First Nation constituents. This mandate is represented through a Council Resolution.
- In addition, the Council Resolution will also confirm the name of your Member Delegate. Your Member Delegate carries out the business of the FSMC as per the Constitution and Bylaws.
When determining if a First Nation can participate in decision-making at a FSMC Assembly, we are guided by the FSMC Constitution and By-laws.
Can we appoint the same delegates as another First Nation?
- Yes. For example, one person could be chosen to represent five First Nations who are all part of the same tribal council. To make this happen, each First Nation of the tribal council must send in a Council Resolution indicating that the person is their Member Delegate. That Member Delegate then represents each of the five First Nations and may cast five votes in the event a vote is needed.
How does a First Nation send in their Council Resolutions?
- Please scan and email your Council Resolution to firstname.lastname@example.org
Are our rights protected?
- Yes. Included in the Bylaws is a “non-derogation of rights” clause. It was reviewed and approved by the independent legal counsel of Ratcliff & Co. LLP.
Can a small number of First Nations make decisions that affect all of us?
- No. A quorum requires 60% of Member Delegates to be in attendance for any decisions at a Signatory Assembly. In addition, decisions that set the mandate for negotiations with DFO require at least 75% agreement of all First Nations that form the FSMC.
Is there a process for resolving disputes?
- Yes. The detailed dispute resolution process is included in the Bylaws.
How will joining the FSMC impact Treaty or court related negotiations?
- Joining the FSMC does not abrogate or derogate your rights (treaty, inherent, court recognized, etc.). As negotiations with DFO proceed, it will be incumbent on each First Nation to assess the potential impacts on their rights within the context of their own unique circumstances.
What does the new organization look like?
- The FSMC conducts most of its decision-making at the Assembly. The Assembly is a gathering of all Member Delegates. The nine-person Main Table is responsible for the day-to-day management decisions of the organization.
Please click this link to see the Organizational Chart FSMC Mandate process – GTA
Why does the constitution and by-laws reference the “Society Act of BC”?
- The Constitution and Bylaws have been written in a way that allows the FSMC to very easily become a legal entity when the FSMC decides to do that. Becoming incorporated as a not-for-profit society under the Society Act would enable the FSMC to directly enter into funding agreements and other legal contractual arrangements.
The Negotiation Framework between the FSMC and DFO
How will negotiations be carried out between the FSMC and DFO?
- The Framework will guide the conduct of both parties during negotiations.
- The Framework does not affect any Aboriginal or treaty rights of any other Aboriginal group. Section 35 of the Constitution Act, 1982 is acknowledged.
Please clink this link to see the Framework to Guide Negotiations – FSMC Community Report – 2016.10 Framework to Negotiations