kitsumkalum first nation
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KITSUMKALUM FIRST NATION. Developing a Kitsumkalum Constitution. Photo credit: Brigitte Bartlett. What has been done so far?. Last year, a technical Working Group and the Treaty Office developed a draft constitution - PowerPoint PPT PresentationTRANSCRIPT
KITSUMKALUM FIRST NATION
Developing a Kitsumkalum Constitution
Photo credit: Brigitte Bartlett
Last year, a technical Working Group and the Treaty Office developed a draft constitution
The draft constitution is for discussion purposes only and a final draft will be developed through a community driven process that will occur over the next 2 years
Community representatives will be engaging members through community meetings, open houses and as requested through individual visits and telephone calls
Kitsumkalum has developed an initial work plan
What has been done so far?
A constitution is the highest law of a nation by which the people agree to be governed
A Kitsumkalum Constitution will outline the political rights of the Kitsumkalum people along with the roles and responsibilities of government
A constitution is for the Kitsumkalum people and will be developed using a community driven process over a period of about 2 years
What is a constitution?
A constitution is essential in achieving self-government and an important step towards good government
Post-treaty, the Indian Act will no longer apply and a Kitsumkalum Constitution will set out the structure for a new government
A constitution will balance an individual's rights and government responsibilities in a fair way
Why do we need a constitution?
The development of the Kitsumkalum Constitution will be a community driven-process
Community representatives will be engaging members through community meetings, open houses and through individual visits
How will we develop our constitution?
Constitution Planning Structure
Constitutions are meant to last long term and be difficult to amend
A constitution should provide important principles but not necessarily provide operational details
Kitsumkalum can provide more details in other laws and policies that will be easier to change as necessary
A Kitsumkalum Constitution may reflect the traditional values of the Kitsumkalum people as contained in the ayaawk and adaawk
Kitsumkalum treaty staff have been discussing lessons learned with other First Nations that have written constitutions
What must we consider whendeveloping a constitution?
A constitution will provide a governance structure that will best represent all of the Kitsumkalum people
A Kitsumkalum Constitution will set out the eligibility criteria determining who can be members of the Kitsumkalum people
A constitution should provide individual rights to help protect the Kitsumkalum people
A constitution can also help create financial accountability and fiscal transparency for members
What should our constitution contain??
A constitution will address matters such as: Membership Rights and Responsibilities Structure of Government, and Financial Accountability
Key Elements of a Constitution?
Eligibility and enrolment will be set out in the treaty and the Kitsumkalum Constitution
The treaty and the constitution will allow membership to anyone with Kitsumkalum ancestry, anyone who is already a band member and anyone accepted by Kitsumkalum custom
It is up to Kitsumkalum to chose who should be accepted under its custom, (ie. Spouses from other nations or non-aboriginal spouses)
Membership
The constitution will provide rights to members that can allow them to challenge decisions or laws made by the government if they are inconsistent with the constitution
The constitution will include a number of rights. Some examples include: The right to equality The right to participate in Kitsumkalum activities The right to access public information
Kitsumkalum laws will have to conform to these constitutional rights or they will not be valid
Rights and Responsibilities
Presently, Kitsumkalum is governed by an elected Chief and Council as set out in the Indian Act
Under treaty, the Kitsumkalum government can be different and can include representation from the hereditary chiefs
Structure of Government
Sample StructureFor example, the government may look like this:
Other options will be considered and discussed with community members
Treaty vs ConstitutionTreaty
The Final Agreement or treaty will be an agreement between Kitsumkalum, British Columbia, and Canada.
It will set out the rights and powers of the Kitsumkalum Government and its community.
It will be one of the highest laws in federal and provincial law.
It provides various law-making abilities for the Kitsumkalum Government.
It requires that Kitsumkalum create a new government that will eventually replace Band Council.
ConstitutionThe Constitution will be developed only by Kitsumkalum.
It will set out the individual rights of the Kitsumkalum members.
It will be the highest law of Kitsumkalum law.
It will place limitations on Kitsumkalum law-making and decision making abilities.
It will set out the form and structure of the new Kitsumkalum government.
A constitution will include provisions to ensure the Kitsumkalum government has financial transparency and accountability
Along with the constitution, a financial administration law could help establish specific policy and procedures to make sure those goals of accountability are met
Financial Accountability
The Kitsumkalum Constitution will be voted on by community members any time before the Final Agreement
Treaty staff will be continuing to engage community members over the next few years until a draft of the constitution is ready to be voted upon
Contact the Kitsumkalum Treaty Office or Band Office to find out ways to become more involved in the constitution building process
Conclusion
CONTACT USJenniefer Bolton, Constitution Communications Assistant Email: [email protected] Ph: 1-888-635-1718 | www.kitsumkalumtreaty.com
Band Administration OfficeEmail: [email protected]: 250-635-6177