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Comments on the Constitution - Ian White

 
6.1   nowhere is Citizen defined.

6.1.2   ‘when it comes to voting franchise’, this is discriminatory in that it excludes all other rights.

6.1.4’without full vote by all Citizens’.. In other words there must be agreement of every person in the Band at 100%, one dissenting vote would defeat the wishes of all.?

6.1.5  ‘any amendment’..does not specify how many must be in agreement.

7.1  ‘laws and other actions brought about by departments’, Departments should have n   no   jurisdictions to bring about laws or actions, this is part of the responsibilities of Council and Chief with agreement of the Membership.

8.1.. There can be only one governing body, ‘main’ does not apply. Departments have no authority to govern, but only to administer and manage under direction.

8.2..departments do not have authority over monies, but are permitted to spend only in accordance with allowed budget.

9.5..re Meetings..last part of last sentence, ‘Council shall make best efforts’..what determines  ‘best’ .. It is the resonsibility of Council to make EVERY effort to inform membership.

9.7..What activity defines ‘participation’, ?
                        What determines agreement by concensus. ?
                        ‘A minimum of seventy-five % , of those present, eligible and PARICIPATING’
                        Does a  member present but not participating lose their vote?
                        This is discrimination!!

9.7.1...Quorum..35 members.....16 yr olds are members without voting rights, do they form part of the quorum?

9.72...’vote at 18’  does this mean one day past 18th birthday or in their 18th yr.
                 
9.8..Does this mean the Chief and Council are authorized to enact regulations , laws, etc without first consulting Band members by presuming they have the authority to do so because they were elected?  If so..then the membership surrenders all rights of decision making and we change from a democratic society to a government off dictatorial rule!!

9.9..What is the real meaning here?  The word ‘may’ denotes a possibility only..might or perhaps??     

9.9.1--9.9.8  is therefore meaningless.

10.2...DISCRIMINATORY!!  Should only require  registered Band members of lawful age.
 
10.5..’the council shall execise overall administration authority’---’it shall implement resolutions passed at the Annual General Meeting and other meetings’  other meetings not defined could be with staff, council, secretive, religious gatherings !!! What?  Here again a provision that affords the Chief unusual authority.

10.7...’shall endeavour  to make decisions by concensus’..what happens when no concensus?

10.8...discriminatory...unwarrented and  and not justifiable!!

10.8.4... Wherein is Band Custom Law described and defined??

10.9....no definition in 10.7.1 or 10.7.2 

10.14..’youth councillor’...how is council affected when no youth available for candidacy.?...What happens to this “constitutional clause”.

11.1....”THE CHIEF SHALL BE CREE’’ ..UNWARRANTED DISCRIMINATION, the  requirement need be that the person is a registerd status member of the Band, of high integrity and free of conflict. 

12.2...”Deputy Chief shall support the actions and authority of the Chief”.. The Deputy Chief is elected to provide protection of the rights and benefits of the Band membership to use their intelligence and apply integrity.. NOT to accede to the dictates of the Chief.  All 
Councillors are elected to provide good judgement and not to give way to pressures of authority.

12.3...Deputy is not selected by the Chief or others...but by the number of votes rec’d in an election....this is the only fair criteria.        

13.   Elders’ Council...should be  “A Council of Elders” and no need for inclusion in a Constitution.   Elders exist by right of long life..aboriginal custom honours them with respect,  their advice and guidance is sought by and available to all members and they have the inherent right to inquire and receive clear and honest answers to their inquiry.

14.2...Youth Council...definition in 10.2  is discriminatory.

Leaving Office:    needs language change

16.1..’ Manner’ should read  ‘reason’.

16.1.4--16.1.5--16.1.7.. The word ‘if ‘ should be deleted, persons are either fit or not fit,

Appeals:   
17.1--17.1.10......obscure and restrictive.

Citizenship:
18.1.4....refers to item “D” in the OMUSKEGO ININIWI CONSTITUTION the right of membership is denied to anyone living outside the Muskegowuk Aski territory, this is unacceptable discrimination...the Band representative to the  Omuskego Ininiwi should be directed to oppose this clause.
18.2....contradicts 18.1.4
 

I have come to the point of becoming so weary of this document that I will not continue further,    I am going to suggest to our Chief to withdraw this paper, and if it is the desire of Band  members to have a documented Constitution, so be it, but let it be the authored by a commission of talented and thoughtful persons.

Ian White, Elder.