Candice Corston's Comments...

PREAMBLE:
- Based upon the teachings of our Elders: what would this be in this draft?

PART 2. FUNDAMENTAL PRINCIPLES:
- Part 2? Where is Part 1?

- 2.1 mentions respect but does not talk of respect for one’s self, is that not important too?

5. Responsibilities of Citizens:
- 5.1- Values, traditions and rights are maintained by the people acting as a collective while some may be maintained by the individual Citizen…..- this word, collective worries me, what about independent thought, is that something that “may be maintained”? What is that phrase and what does that involve?
- 
- 5.2.1-language is protected and taught BY our Citizens……  perhaps there should be inclusion of the word TO, since we are not fluent in our own language.
- 5.3.5- shall be of sober thoughts… who decides this ? Does this mean clear thinking…… committed to live by our traditions and beliefs….. I am sure that as individuals we have our own beliefs regarding spirituality, religion, politics etc. Now we must think only as a COLLECTIVE, is this not taking away our rights as individual human beings?

PART 3. GOVERNING BODY

9.1 Meetings:
- General Band Meetings are the gathering of the Citizens who are 16 years of age or older………. The age 16 ,they are citizens participating, hearing reports, giving direction and guidance……… BUT in Section 9.7.2 “ The voting age shall be eighteen years and older”…… then in section 10.14- “ The Youth Councillor shall be non-voting if under the age of majority as established in paragraph 9.7.2 of this Constitution”…… So what will this age be… 16 or 18? If the Youth Councillor is 19, will they have a vote on decisions of Council? If this is so, this should be a nominated and elected position by the Membership.
 
 

Decision Making:
9.8. 
The Citizens of the Chapleau Cree First Nation…..Through their duly elected government…..Chief and Council the citizens MAY ENACT Chapleau Cree First Nation LAWS in relation to all matters INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

9.8.6 Justice, which may include courts, Justice Officials, the administration of justice and other forms of Traditional Cree dispute resolution mechanisms…. How can we enact this?  We do not have a system in place or have any draft of such a system. This is a section that should be in place now and should be working with the consent of the Membership.  Most of us are not aware of any Traditional Cree dispute resolution mechanisms, perhaps this is an area that we should be researching and discussing prior to any false implementation.

9.8.7 ….and the participation in inter-jurisdictional bodies…… I have no idea what this is ……..

9.8.11.Traditional spiritual beliefs and practises….. how can we enact laws on this personal decision of how and why an individual believes and practises their spirituality?

9.8.26 family matters, including marriage, adoption and divorce…… Are we going to allow a Chief and Council to “ENACT LAWS” regarding these issues? I believe these are very personal issues and Chief and Council should not be involved in FAMILY MATTERS. We are forfeiting our rights as individuals and giving them to the COLLECTIVE which is Chief and Council or the Membership?

9.8.28 inheritance wills, intestacy and administration of estates….. Before I agree to this document I request all documentation and or policies that refers to this section. The reasoning of why this section should be stated as such. How is it protecting the Band Members? Why is it here?

9.8.30 licensing and regulation of any business, trade profession or other occupations on reserved lands…… As a Registered Nurse, am I affected by this and how is the Band going to regulate my profession? What type of license for business?
 

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9.9 In order to carry out its functions and responsibilities Council may:

9.9.1 expressly delegate some of its powers or authorities, on terms,…..what type of power or authority? What type of terms? This is vague and definitely needs clarification before I agree to it.

9.9.6 seek and consider the advice of the Elders Council……. All this talk of the Elders in the previous sections such as: “ This document is the embodiment of our spirituality and is based upon the teachings of our Elders…… We place high value in our traditions, which we learn from the wisdom and teachings of our Elders……We have always believed in respect for our ancestors and Elders, as they are the ones who have always maintained our values, our way of life and our language…..respect for the teachings of our Elders and retaining them for future generations”  Much emphasis is demonstrated on the importance of Elders yet this section enacts the fact that Chief and Council COULD SEEK AND COULD CONSIDER the advice not LISTEN OR ACT UPON the advice of the Elders Council. This statement removes any type of relationship or authority that the Elders Council should have with Chief and Council.

9.9.8 take other steps to give effect to this Constitution and Chapleau Cree First Nation Laws…………What other steps? What are we authorizing Council to do here? Are we giving carte blanche to our “Government” to do whatever means necessary to give effect to this DOCUMENT?   

10 COUNCIL:

10.2 The Council shall be composed of….all of whom can claim Cree ancestry to the Chapleau Cree First Nation by proving TWENTY FIVE PERCENTAGE ( 25% ) GENETIC CONNECTION…… A lot of questions arise with this statement such as: Who will decide? How will they decide? Where will this take place? What if someone is 24.8%? Who has the formula? Did our ancestors and Elders use this “GENETIC CONNECTION?” What happens to our brothers and sisters that have transferred into our membership? Now we are creating a second class of citizenship, what’s next?

10.5 The Council shall….and shall implement the First Nation’s Laws. …. And may take OTHER STEPS allowed under this Constitution, included BUT NOT LIMITED TO the following…..Once more, we are authorizing Chief and Council to implement this constitution AND anything that they deem as necessary with NO LIMITATIONS. Are we really ready to allow this?
 

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10.5.12 other matters as the Council feels necessary to carry out its responsibilities under this section………. Again, are we really ready to allow this?

Qualifications for Holding Office:

10.8.1: a person who can prove their “genetic connection” and is a Citizen of Chapleau Cree First Nation

OR

10.8.2: a person as defined in section 20.1.2  which is “ A person who is enrolled under the terms of this Constitution.”
 20.1.4 which is” An Aboriginal person or a person from another First Nation WHO IS MARRIED TO a Citizen and HAD BAND MEMBERSHIP with their mother community.”
 20.1.5 which is” A child adopted by a Citizen”
AND

10.8.3 sober mind and of good character

AND

10.8.4 must meet the requirements as defined in the Band Custom Law

This is really confusing, to be genetically connected or enrolled under WHAT TERMS, or a Bandmember from another community who has transferred and married a Citizen or an adopted child of a Citizen ( of what percentage should the child be?) There has not been any mention of BAND CUSTOM LAW up until this point, does it have any relevance with this constitution? Doesn’t that document explain off and on reserve councillors and do we talk about that any more? So many issues and so little time…………

COUNCILLORS:

10.9 Three Councillors will be selected as defined in section 10.7.1  which says: 
“ A quorum for Council meetings shall be at least four (4) Councillors.” And one Councillor from those defined in section 10.7.2 which says: “ The Council shall meet at least once per month.”……. This section needs revising in order to make sense………..

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CHIEF:

11.6 The Chief shall ensure that resolutions passed at… are implemented and MAY TAKE OTHER STEPS………… Once more, what does this mean ? The sentence then ends into nothing…

11.7 allowed under this constitution, including but not limited to the following:…. Unclear as to what this incorporates. 
 

12.DEPUTY CHIEF.

 12.3 The Deputy Chief shall be SELECTED BY THE CHIEF upon due consultation with the members of the First Nation and Elder’s Councils………  This position has full voting privileges on Council, is in charge when the Chief is away, and does not even have to be nominated and voted in by the Membership! We are leaving that power to the Chief. Now this doesn’t seem proper…..Who would qualify for such a position, what type of consultation with the MEMBERS of the First Nation, I guess this is before we are citizens…………

20.CHAPLEAU CREE FIRST NATION CITIZENS:

20.1 The following are those who may be entitled to Citizenship with the Chapleau Cree First Nation:

 20.1.5.1 A Cree AND OR/A North American Aboriginal person…….Does this mean that you can be a Cree and ……… or just a North American Aboriginal person? Is this the coverage for all the transfers from other non-Cree communities?

 20.1.5.2 A person may become a Citizen of the Chapleau Cree First Nation and NOT BE ENTITLED TO BE ENTERED on the Band Rolls of the Indian  and Northern Affairs Canada………… This does not make sense.
 

24 ELECTION AND VOTING PROCEDURES( BAND CUSTOM FORMAT)

 24.4 There shall be nominations for the office of Chief and FOUR COUNCILLORS drawn from the general Citizenry……….So I guess we are now nominating and voting on that councillor who will be Deputy Chief…….. and what is the “general Citizenry?”……

 
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24.5 The Chief and a minimum of THREE(3) OF THE COUNCILLORS shall be drawn from the CITIZENS ROLE as shown on the Department of Indian and Northern Affairs Canada “Band List”…..What are we drawing for? And now it is back to 3… Now it’s the CITIZENS ROLE and INAC’S BAND LIST… too confusing with too many references to different documents

These are some of my concerns and I am aware of the mechanisms of this type of document.

I am worried about the Band Members that are not familiar with it and require more time and information sessions to discuss this. 

This is a document that does not warrant being fast tracked for whatever reason and we need to implement a change in the agenda to have it voted on. 

I am making the following recommendations:
 

1. A committee be formed to address all concerns regarding the draft.
2. The concerns be documented and discussed at a General Meeting designed just for the draft document.
3. That any voting on this document be withheld until all the Membership understands the document, all and any changes to the document are recorded and agreed to by the Membership