A referendum is planned for April 6, 2001, at the Chapleau Cree First Nation. The referendum will accept or reject the draft as the valid highest document in our First Nation. The Indian Act has regulations for Band Referendums. You can see them by clicking *here*.

1) A Preamble
2) Fundamental Principles (Coming) 
3) Governing Body (Coming) 
4) General Matters (Coming) 
5) Citizenship Matters
6) Amendments (Coming)

 Kyle has summarized each of the sections that concern him,  followed with Kyle's comments in Italics

Section 6 – Protection of our Rights and Freedoms
6.1.2 in summary says members are free to express our opinions regardless of where we live.

Will our comments regarding the draft be taken into account?

6.1.4 in summary if the band acquires any funds from landclaims all members should benefit 

Will all members have a say as to how this money is spent?

Section 7 – The Highest Law of the Chapleau Cree FN
7.3 in summary the Constitution will come into effect upon ratification on April 6, 2001

Shouldn’t such an important document be ratified at a general membership meeting?
Isn’t the Constitution Act the highest law of the land (natives and non-natives included?)

Section 9 Band Meetings and Annual General Meeting
9.8 Chief and council may enact CCFN laws in relation to all matters….
9.8.20 in summary the band may raise money by levying taxes on businesses on the reserve

This is highly intrusive. Residents who choose to establish businesses on reserve should be supported by the band, not financial penalized by a tax. 

Is it legal to impose such a tax? These are businesses that have been located on reserve for a number of reasons, some being tax benefits. It certainly isn’t a sign of good faith.

9.8.26 in summary the band may enact laws regarding marriage, adoption and divorce

What business does the band have in enacting laws regarding such personal matters?

Section 10 – Council
10.2 the council shall be composed of 7 citizens, a chief, a deputy chief, 3 councillors, and elder and youth whom can claim Cree ancestry to the CCFN by providing 25% genetic connection

I think it’s a proactive idea to involve youth and elders in decision making, whoever I feel it is too restrictive to limit the persons based on their background. In the future we can have natives transfer from other bands, perhaps Ojibway who are good people with effective decision making skills. I feel this is a form of racism. Don’t we have councillors that are transfers from other bands with varying heritage? Should we removed these people from office?

Section 11 – Chief
11.1 The Chief shall be Cree and have the 25% connection as above

My same comments apply as above in 10.2

Section 12 Deputy Chief
12.3 the deputy chief shall be selected by the Chief upon due consultation with the members of the FNand Elders Councils

Who exactly does the members of the FN include?

I feel the deputy Chief should be elected rather than appointed. More band input and discussion should take place to decide whether we need a deputy chief. This leaves the chief open to too much scrutiny. It should be an elected person.

Section 15 Administration of Justice
15.1 THE CCNF may establish a Justice System.

Who would make up the justice system? How would their duties mesh with those of NAPS?

Section 16 – Leaving Office
16.1.4 councillors found guilty of a crime that would bring discredit to themselves will no longer be fit to hold office

What exactly does this mean?
What would be the timelines?
Would this mean their criminal history would be screened prior to an election or is the band only interested in criminal involvement during a councillor’s tenure?

My same comments apply to the chief, deputy chief, elder and youth councillors.

Section 22 Loss or Removal of Citizenship
22.1.2 a person ceases to be a Citizen if the termination of a marriage of a person whose citizenship was derived solely from that marriage, which includes separation for one year with intention of divorce

Again I feel this is not the band’s business. It is just plain wrong and discriminatory.

Constitutional Amendments
28.5 No amendments to this Constitution shall be passed if fewer than 75 CCNF Citizens participate in the amendment process.

This part of the constitution gives me the most grief. In essence it is nearly impossible to make any amendments to this draft. Why call it a draft with this section??? If members have genuine concerns as I have listed above our comments should be reviewed and taken into account. I feel this constitution has come on much too fast. It requires more than a 4-hour consultation in the middle of winter on a weekday. It needs to be consulted with more than office staff and councillors. 

I feel the same way about having the referendum on April 6, a Friday.

Kyle Cachagee.

Chief Michael Cachagee,
CCFN Band Office
Consitution Comments
Fox Lake Reserve
P.O. Box 400,
Chapleau, ON P0M 1K0
or by Fax: (705) 864-1760