ABORIGINAL JUSTICE INQUIRY—CHILD WELFARE INITIATIVE

IMPLEMENTATION COMMITTEE - PHASE 2 TERMS OF REFERENCE AND METHOD OF OPERATION

January 1, 2001 to March 31, 2001

General:

The Joint Management Committee has adopted a schedule based on five separate stages or phases. Each phase is dedicated to a step in the overall process leading to the establishment of three separate and distinct province-wide mandates. The schedule of phases includes:

• Phase 1: September, 2000 to December, 2000 -- Working Groups struck to develop proposals and recommendations for the draft implementation plan.
• Phase 2: January, 2001 to March, 2001 -- Implementation Committee prepares consolidated draft implementation plan based on Working Groups proposals and recommendations.
• Phase 3: April, 2001 to August, 2001 -- Detailed implementation plan developed.
• Phase 4: August, 2001 to March, 2003 -- Plan substantially implemented.
• Phase 5: April, 2003 to October, 2003 -- Stabilization of changes implemented.

Implementation Committee Purpose:

The Implementation Committee is established under Section 2.1(b) of the Child and Family Services Protocol. The Implementation Committee is an instrument of the Joint Management Committee to assist in the development of an implementation plan.

In Phase 1, the Implementation Committee was charged with the responsibility for the overall management and coordination of the Working Groups, including participating, where necessary, on the Working Groups; providing interpretation of JMC direction; and ensuring Working Groups achieve their objectives and meet established deadlines;

In Phase 2, the Implementation Committee will support Joint Management Committee to develop a draft implementation plan. The Implementation Committee will achieve this objective by synthesizing and building upon the reports of the Working Groups.

In particular, the Implementation Committee is a working forum that:

1. Identifies and classifies aspects of the Working Group reports that are 'foundational', short-term, medium-term, long-term or other;
2. Identifies aspects of the Working Group reports that are feasible in the longer term and should be considered for implementation once the foundational aspects are completed and stabilized;
3. Identifies and undertakes clarification and further development of aspects of the Working Group reports, and
4. Identifies aspects of Working Group reports which must be referred to Joint Management Committee for resolution.

Foundational:

An aspect of a Working Group report is foundational if other decisions or actions depend upon the implementation of the aspect. In other words, the aspect is a pre-requisite to other decisions or actions. A foundational aspect may be related to the common vision, and/or may be short-term, medium-term or long-term.

Terms of Reference:

1. These Terms of Reference require approval by the Joint Management Committee.
2. These Terms of Reference apply to Phase 2, the period from January 1^st, 2001 to March 31^st, 2001.
3. During Phase 2, the membership of the Implementation Committee will remain as in Phase 1, namely: 2 First Nation representatives; 2 Metis representatives and 2 Government representatives.
4. The Implementation Committee is co-chaired by a First Nations representative and a Government representative.
5. The representatives to the Implementation Committee will inform and consult with their respective Steering Committees. As in Phase 1, the Steering Committees provide direction and feedback to the representatives.
6. The Implementation Committee will operate and achieve decisions on a consensus basis. In the event that the Implementation Committee is not able to reach a consensus, the matter will be referred to the Joint Management Committee.
7. The Implementation Committee shall be responsible for taking the steps necessary to complete the draft implementation plan by initiating discussions with appropriate experts, collaterals and others; and by referring specific matters to the respective Steering Committees for consideration.
8. The members of the Implementation Committee will be individually and collectively responsible for preparing components of the draft implementation plan. This may include, but is not limited to, research, analysis and writing aspects of the plan.
9. The Implementation Committee shall keep a record of salient points and decisions. Each member will receive a copy of this record.
10. The Implementation Committee shall deliver the draft implementation plan to the Joint Management Committee on March 21^st, 2001, and will support Joint Management Committee to deliver the plan to the Executive Committee on March 31^st, 2001. These dates are subject to review and modification by Joint Management Committee.

Deliverables:

1. The Implementation Committee is responsible for reviewing, summarizing and analyzing Working Group reports and collateral submissions based on the "approach to analysis" (see below).
2. The Implementation Committee shall deliver the following reports upon the schedule specified:
1. January 11^th, 2001 -- Implementation Committee Terms of Reference and Method of Operation;
2. January 31^st, 2001 -- initial analysis of Working Groups and collateral submission findings and recommendations resulting in common themes and common vision at a systemic/strategic level;
3. February 28^th, 2001 -- preliminary outline of the draft implementation plan;
4. March 21^st, 2001 -- draft implementation plan.
3. The Implementation Committee shall bring to the attention of the Joint Management Committee matters which require discussion, problem-solving and decision-making. This includes matters upon which Implementation Committee could not achieve consensus.
4. The Implementation Committee shall prepare briefing notes and interim reports as requested by the Joint Management Committee.
5. These dates are subject to review and modification by Joint Management Committee.

Approach to Analysis:

The approach to analysis consists of four steps. It is based on the notion that the report of the Service Delivery Working Group is the primary document necessary for the development of the Implementation Plan. Step One and Sub-Steps 2.1, 2.3, 3.1 and 3.2 are expected to be complete by January 31^st, 2001. Sub-Steps 2.3 and 3.3 are expected to be complete by February 28^th, 2001.

1. Step One: Pre-Analysis of Service Delivery Working Group report:
1. Analysis of recommendations for internal consistency.
2. Analysis of recommendations for compatibility with the Strategic Design Principles.
3. Categorization of the recommendations into Foundational, Short-term, Medium-Term, Long-Term and Other recommendations.
2. Step Two: Analysis of the five other primary reports (Legal and Legislative, Human Resources, Finance, Technology and Intersectoral/Interjurisidictional) in relation to Service Delivery:
1. Pre-Analysis of recommendations from the other four primary reports for compatibility with the Strategic Design Principles.
2. Categorization of recommendations from the other four primary reports into Foundational, Short-term, Medium-Term, Long-Term and Other recommendations.
3. Analysis of recommendations of the other four primary reports in relation to the recommendations from the Service Delivery Working Group in terms of compatibility and completeness. This analysis may require:
1. Conducting consultations with appropriate individuals for clarification of recommendations;
2. Identification of apparent incompatibilities and inconsistencies;
3. Identification of aspects requiring additional development, and undertaking steps necessary to develop material to address those aspects, and
4. If required, the Implementation Committee will identify issues, describe options available and note compatibility/incompatibility with the Strategic Design Principles. The Implementation Committee may make a specific recommendation.
3. Step Three: Analysis of the remaining report (Research) in relation to the other reports.
1. Pre-Analysis of recommendations from the remaining report for compatibility with the Strategic Design Principles.
2. Categorization of recommendations from the remaining report into Foundational, Short-term, Medium-Term, Long-Term and Other recommendations.
3. Analysis of recommendations from remaining report in relation to the recommendations of the other reports in terms of compatibility and completeness. This analysis will result in:
1. Conducting consultations with appropriate individuals including former members of Working Groups for clarification of recommendations;
2. Identification of apparent incompatibilities and inconsistencies;
3. Identification of aspects requiring additional development, and undertaking steps necessary to develop material to address those aspects, and
4. If required, the Implementation Committee will identify issues, describe options available and note compatibility/incompatibility with the Strategic Design Principles. The Implementation Committee may make a specific recommendation.
4. Step Four: Compilation of the material analyzed and/or prepared in Steps One Through Three, and preparation and delivery of the draft implementation plan to Joint Management Committee by March 21, 2001. This document may include a proposed Phase 3 course of action based on compatibility with Strategic Design Principles and feasibility of Working Group recommendations.

Other

1. The Implementation Committee is responsible for ensuring that the Joint Management Committee, Working Group core members and others deemed appropriate receive Working Group reports and collateral submissions.
2. The Implementation Committee shall undertake to organize an event to recognize the efforts of the Working Groups, and signal the completion of Phase 1.
3. The Implementation Committee shall work closely with the Communications Sub-Committee to ensure that all interested parties continue to be informed as to the process.
4. Administrative support and pre-approval of expenditures in relation to preparation of the above deliverables shall be provided by the Province of Manitoba.