Referring an Issue or Matter in Dispute to the IMC

PROTOCOL FOR THE REFERRAL AND REVIEW OF AN ISSUE OR MATTER IN DISPUTE UNDER THE 1997 MANITOBA FRAMEWORK AGREEMENT ON TREATY LAND ENTITLEMENT

1. DEFINITIONS:

For the purposes of this Protocol the following short forms or definitions are used:

  • “EFN” means a First Nation that has signed a TEA as defined in the MFA;
  • “I/M” means an issue or matter in dispute which requires resolution;
  • “MFA” means the 1997 Manitoba Framework Agreement on Treaty Land Entitlement; and
  • “TEA” means an agreement with an EFN signed under the MFA.

2. THE ISSUE OR MATTER IN DISPUTE:

Provide a brief, even point form statement explaining the I/M being referred to the IMC for review.

3. THE FACTS:

Set out the facts and key dates relevant to understanding of the I/M, including, as may be applicable:

a. The parties (Canada, Manitoba and/or TLEC) and EFN involved

b. Date the I/M was first arose or was identified

c. Identification of the parcel of land (attach a map)

d. If a third party or other interest or consideration is involved, the type of interest or consideration of concern

e. If a third party or other interest or consideration is involved, the location of the interest in/on/over the land

f. All facts that directly relate to the relevant provisions of the MFA

4. INTERPRETATION OF THE MFA: State your interpretation of the facts and how the provisions of the MFA apply to the facts as stated giving rise to the issue or matter.

5. PROPOSED RESOLUTION AND OPTIONS CONSIDERED: State the preferred means of resolution of the I/M and summarize the options considered to deal with the I/M, if any, including:

a. The reasons for your preferred resolution

b. Any other options for resolution proposed to the other parties or EFN

c. The pros and cons of each proposed option for resolution of the I/M

d. Consideration of how each option for resolution may have addressed the concerns of the other parties or EFN involved

e. Comments on how each option for resolution would reflect the spirit and intent of the MFA

6. INTERPRETATION OF THE MFA BY THE OTHER INVOLVED PARTIES:

Describe, to the best of your knowledge, the interpretation of the facts and provisions of the MFA being advanced by the each of the other involved parties or EFN with respect to the I/M, including:

a. Any other provisions of the MFA

b. The interpretation of the MFA advanced by each other party or EFN

c. The preferred method of resolution of the I/M proposed by each other party or EFN involved

d. Any other options for resolution proposed by the other parties or EFN involved and reasons provided by the other party for any options

7. BACKGROUND INFORMATION: Attach or include in the file submitted with the Referral, key background information in chronological order wherever possible:

a. Correspondence between the parties and the EFN regarding the I/M

b. Maps and other documents useful in understanding the I/M

c. Minutes of meetings specific to the I/M

d. Any other documents considered important to review by the parties and the IMC