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Unanswered Questions
Wabanong Nakaygum Okimawin (WNO) Protocol

The Wabanong Nakaygum Okimawin (WNO) Protocol is a 'binding agreement' that describes the terms of the relationship between the Manitoba Government and east side First Nations Governments - should they choose to sign on to the Protocol. It concerns the First Nation Governments' involvement in decisions that will affect their communities and traditional territories. Essentially, it is about land use plans and resource management agreements and co-management and resource sharing of east side lands and resources.

A number of significant questions are raised by clauses in the draft WNO Protocol, which should be clarified in the final version. Some of these questions are listed below.

The draft WNO Protocol has gone through many revisions - the most current available version is Version 22, dated June 20, 2006. The questions below pertain to Version 22. Manitoba Wildlands assumes there have been some changes to this text during summer 2006, especially during Government of Manitoba Cabinet review. The next WNO meeting regarding the protocol is to take place in late August 2006.
  1. Broad Based Community Consent for WNO Protocol
    Will the process for east side First Nations to sign on to the WNO Protocol involve Band Council Resolutions made following community consultations / discussions? Will each community hold a referendum to ensure that community members are allowed to take part in deciding whether to sign such an important agreement? (Referenda are becoming more frequent when governments involve lands and waters, treaty rights, or matters effecting Aboriginal and Treaty rights.)

  2. Obligation to Consult
    Will the WNO Protocol explicitly acknowledge that the Government of Manitoba cannot devolve to proponents/develops the obligation to consult with First Nations/Aboriginal Peoples regarding development or land use decisions that affect them? (As per recent court decisions in Canada) Will the Protocol also be supported by explicit consultation standards for Aboriginal communities, as operational policy of the Manitoba government?

  3. Consistency with Court Decisions, Treaty, Aboriginal & Constitutional Rights
    Are the clauses, definitions, processes contained in the WNO Protocol consistent with recent court decisions of Canada's federal and Supreme Courts? (e.g. the Protocol envisions a 3-person appeal board with decision-making power as to whether or not the Province will act on a developer's proposal over the objections of an affected First Nation) Is the draft WNO Protocol consistent with First Nations' Treaty, Aboriginal and constitutional rights? Does the draft WNO Protocol acknowledge and provide certainty that consultation standards and rights for each First Nation and their citizens will be inherent in all activity regarding lands planning, and decision making in the WNO?

  4. Existing Public Policy Goals & Principles
    Does the WNO Protocol remain consistent and support existing public policy and legislation / regulatory requirements regarding these regions? Will existing east side public policy goals and principles be included in the Terms of Reference (ToR) for the East Side Planning Appeal Board or ToR and EIS Guidelines for any proponent wishing to propose a project?

  5. Full Disclosure / Access to Information / Transparency
    Will all legislation, regulations, tenure and regulatory aspects to governance in Manitoba that affect decision-making for the east side be disclosed, made available, and be discussed before east side First Nations sign on to the WNO Protocol? Why is the WNO Protocol silent on access to information? Will Planning Appeal Board documents and processes be public? Will a public registry hold all information under discussion regarding potential land use decisions for the east side? Will the WNO and its subsidiaries adhere to a high standard of transparency and accessibility?

  6. Resource Management Areas & Agreements
    When will additional information about resource management areas and resource management agreements be made available, and will this information be available before any community signs the WNO Protocol? Will these resource management areas and agreements be the same as the Northern Flood Agreement (NFA) resource management areas and resource management agreements?

  7. Non-Signatory East Side First Nations
    What are the implications of the WNO Protocol for east side First Nations who do not choose to sign it? Will they be denied the opportunity to access provincial government funding for land management planning projects?

  8. Valuing Intact Boreal Forests
    As part of WNO processes, will the management of boreal forest lands as intact and protected from development be accorded value as natural capital using best practices employed by ecological economists - especially in the face of climate change impacts, and as reservoirs of carbon? Given the original East Side Planning Initiative principle to maintain the ecological integrity and biological functions of the boreal forest, will the WNO Protocol acknowledge that the valuation of natural capital must occur as part of assessing, weighing the benefits/costs of development?

  9. Community Plans, Conservation First
    Will the WNO Protocol respect the intentions of individual east side First Nations regarding its traditional territory and the future of its community, as stated in community lands management plans? Will each First Nation's goals as indicated in community lands management plans regarding their future, type of economy, and lands management be supported and taken into consideration in deliberations by the WNO? Will the WNO respect and support the intentions of individual First Nations who choose to protect their traditional territories as intact boreal forest, and prohibit industrial development?

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