Chapleau Cree First Nation Constitution
With Links To Membership Commentaries ©Copyright Lark Ritchie, March 6, 2001. All rights reserved. The Constitutution, as it stood The text is identical to the printed draft, however some formatting has been added to make the document easier to read. Each of the sections has links to pages where membership comments are listed. What you do with the thoughts is entirely up to you. Other CCFN Member Comments can be
reviewed by
clicking here.
|
DRAFT ONLY
CHAPLEAU CREE
FIRST NATION
CONSTITUTION
Version 4.01 as at Feb 02, 2001
Version 4.0 Published and Distributed by CCFN Band Office.
(With minor revisions to formatting and correction of
section numbering)
Clicking on the headings below, will get you
to the respective member comments pages
.
Part 1 | . | Preamble:
We the people of the Chapleau Cree First Nation, by virtue of our inherent right granted to us by the Creator as people within Mushkegowuk Territory, aspire to remain together so that we may collectively promote and protect our language, culture, heritage, lands and resources for all our citizens today and for the unborn yet to come. Further, we are one of the first peoples of this land, with the inherent right of self-government and as one of the Aboriginal peoples living within Canada with Aboriginal and Treaty rights and title within the Mushkegowuk Traditional Territory. This document represents our beliefs, traditions and values, and provides the principles with which we wish to govern ourselves. This document is the embodiment of our spirituality and is based upon the teachings of our Elders. It will rule our leaders and it will be a guide for our children, who are our future. This document is a manifestation of our collective will and the foundation for our laws and government. We, the people of the Chapleau Cree First Nation, have spoken and say that this document is our Constitution. |
PART 2 | . | FUNDAMENTAL PRINCIPLES |
2 | . | The Foundation of our Constitution |
2.1 | . | The fundamental principles that have been given to us by the Creator
|
2.2 | . | As we travel throughout our lives on our Mother Earth, these principles will guide us, and when we are in doubt about how to deal with, and resolve our conflicts, or when we need understanding and direction on other parts of this Constitution, we will draw upon these founding principles and our Creator for guidance. |
3 | . | Values and Beliefs |
3.1 | . | We the people of the Chapleau Cree First Nation believe
and live by our values.
These values are an affirmation of relationship with our Creator and to each other. Each of us lives our life based upon the fundamental value of mutual respect. By doing so we respect each person, each family, and our Mushkegowuk Nation. We extend this respect to our First Nation as the voice of our people. We pledge to govern ourselves by always having We place high value in our traditions which we learn from the wisdom amd teachings of our Elders. We believe in the primary importance of healing, reconciling and amicably resolving our differences, clear sober thinking, and the pursuit of harmony within our First Nation. We value our self-respect and our right to self-sufficiency. Based upon the fundamental value of respect for all people, we believe in sharing our resources and knowledge with others. |
4 | . | Traditions |
4.1 | . | Since time immemorial we, the people of the Chapleau Cree First Nation,
have made a home on our Mother Earth as gifted to us by the Creator.
As a people, we have maintained our traditions and have passed them on to other generations. These traditions are utilized to protect our language, our culture and our heritage, and are precious gifts from the Creator. These traditions include the duty to serve as caretakers of our land, water, air and resources above and below the face of our Mother Earth. We have always believed in respect our ancestors and Elders, as they are the ones who have always maintained our values, our way of life and our language. We then, as a people, accept our responsibility to maintain these traditions for our future generations. |
5 | . | Responsibilities of Citizens |
5.1 | . | The people of the Chapleau Cree First Nation are charged with the primary
responsibility to maintain our values and traditions.
They are to mutually support each other and work collectively to improve the well-being of our people, regardless of where they may be. That responsibility is life long commitment and shall bind each Citizen of the Chapleau Cree First Nation. The creation of Chapleau Cree First Nation Government to help maintain and protect those values and traditions does not end or curtail the responsibility of the people. Values, traditions and rights are maintained by the people acting as a collective while some may be maintained by the individual Citizen. |
5.2 | . | As individual Citizens, we carry out our ongoing responsibilities by living our lives based upon the following tenets: |
. | 5.2.1 |
making sure that our language is protected and taught by our Citizens; |
. | 5.2.2 |
respect for each individual person, for the family and for our people as a collective; |
. | 5.2.3 |
respect for the teachings of our Elders and retaining them for future generations; |
. | 5.2.4 |
a commitment to sober thoughts, honesty, unselfishness, life-long learning, faith the Creator and love of our fellow human beings; |
. | 5.2.5 |
committed to ensuring that our people will always have the necessities of life and are treated with dignity and respect; |
. | 5.2.6 |
active participation in the exercise of our First Nation government; |
. | 5.2.7 |
honour and observation of this Constitution |
5.3 | . | As a collective we, the people of the Chapleau Cree First Nation, shall protect and promote our way of life through our Government as established by this Constitution. Those Government shall be created and function according to the following principles: |
. | 5.3.1 | in their decision making processes the Governing Bodies shall strive for Consensus; |
. | 5.3.2 | all decisions that relate directly to the lands, waters and resources of the Chapleau Cree First Nation and or the traditional Mushkegowuk Territories shall be exercised with caution to ensure that they are protected and responsible conservation ideals are practiced; |
. | 5.3.3 | all powers and authority are to be exercised in such a manner so as to protect, secure and enhance the spiritual, physical, mental, emotional and social well-being of all the Citizens of the Chapleau Cree First Nation including future generations; |
. | 5.3.4 | subject to 5.3.2 and 5.3.3, all powers and authority are to be exercised so as to recognize and respect the needs and interests of all our relations and non-native persons and their governments; |
. | 5.3.5 | members of the various governing bodies, including Chief and members of the Council shall be of persons of sober thoughts and are committed to live by our traditions and beliefs. |
6 | . | Protection of our Rights and Freedoms |
6.1 | . | The exercise of authority by the Chapleau Cree First Nation Government shall be carried out in order to secure the well-being, rights and freedoms of all Citizens for all time and consistent with the following principles: |
. | 6.1.1 | all powers and authority are to be exercised with respect and in a fair, non-discriminatory and non-abusive manner; |
. | 6.1.2 | all powers and authority shall be exercised so as not to diminish, impede or restrict the full and free expression and participation of all Citizens regardless of where they may reside when it concerns their voting franchise; |
. | 6.1.3 | subject to future Land Claim Settlements, the Governing Body shall not directly nor indirectly cede, release, surrender. extinguish, diminish or waive any Aboriginal or Treaty right, title or interest of the Chapleau Cree First Nation; |
. | 6.1.4 | any compensation funds that result from any and or all land claim settlements shall be managed in a manner which will preserve those funds as a perpetual endowment for the benefit of all present and future Citizens of the Chapleau Cree First Nation. |
. | 6.1.4a | The Government shall not directly nor indirectly distribute or disperse the principal amount of any endowment or the portion of the investment income required to maintain its constant value after inflation; |
. | 6.1.5 | Any Amendment to this Constitution as a result of any other associated Self-Government Agreements which may have a direct or indirect impact and/or cause conflicts can only be approved by the general Band membership of the Chapleau Cree First Nation |
7 | . | The Highest Law of the Chapleau Cree First Nation |
7.I | . | This Constitution is our highest law.
Its application to the Citizens of the Chapleau Cree First Nation is not limited by time or place. Our Citizens sovereignty is unalienable and is a gift of the Creator and thereby is to be treated with pride and respect at all times. All laws and other actions brought about by any of the departments within the jurisdictional scope of the Chapleau Cree First Nation shall be consistent with the provisions of this Constitution. |
7.2 | . | All parts of this Constitution are to be interpreted and applied consistently with the Fundamental Principles of this Part. |
7.3 | . | This Constitution shall come into force and become effective on the Effective Date as indicated in the final draft and upon the ratification by the citizens of the Chapleau Cree First Nation at a duly convened meeting. |
. | . | End of Part 2 |
. | . | . |
PART 3 | . | GOVERNING BODIES |
8 | . | Responsibilities of Governing Bodies |
8.1 | . | The Council of the Chapleau Cree First Nation is the main governing
body. however. The Council may create departments to assist it in
governing the Chapleau Cree First Nation.
The Departments are responsible to carry out the management, administration and government of the Chapleau Cree First Nation. Departments are fully accountable to the Council for carrying out their responsibilities and shall provide reports on their activities as required by Council. |
8.2 | . | The responsibility of the Governing Bodies are laid out in this Constitution.
The Departments who have the authority to spend, control and invest Chapleau Cree First Nation monies, including transfer payments and trust monies, shall present full audited financial statements at Annual General Assembly. |
9 | . | Band Meetings and Annual General Meeting |
9.1 | . | Meetings
General Band Meetings are the gathering of the Citizens who are 16 years of age or older. Citizens participate in their government by hearing the reports of the Departments and by giving direction and guidance to the Departments to carry out the wishes of the Citizens. The general Band meetings are an affirmation that responsibility, for the First Nation government is invested in the Citizens. |
9.2 | . | An Annual General Meeting will be convened each spring and no later than the last week in June of each to review the audited financial reports for all functions of the Chapleau Cree First Nation. |
9.3 | . | There shall be three (3) general meetings of the Chapleau Cree First Nation called by the Council in addition to the Annual General Meeting. |
9.4 | . | Special and Emergency Band Meetings and Notices
The Council may at its discretion, call for special and/or emergency meetings to deal with a urgent and/or special issues. |
9.5 | . | Notice of all meetings shall include public postings in all Chapleau
Cree First Nation offices and public buildings; local business that are
usually frequented by the Citizens and in the media as determined by the
Council.
When a special and/or an emergency meeting is deemed necessary, the Council shall make best efforts to provide notice to all as many Citizens as possible |
9.6 | . | The notice schedule for all meetings shall be: |
. | 9.6.1 |
thirty (30) days notice for Annual General and other Band meetings including special meetings |
. | 9.6.2 |
seven (7) days notice for emergency Band meetings. |
9.7 | . | Decision Making
At all Band meetings every attempt to reach Consensus shall be the order of the day. When Consensus cannot be attained, those assembled will then vote on issues, and a majority vote will carry the day. Subject to Section 6 - The Amendment Procedure, when Consensus cannot be achieved and those assembled move to make a decision by voting, then a minimum of seventy five percent, (75%) of those present, eligible and participating in the vote, is required in order for the decision to pass. |
9.7.1 | . | A quorum for the Annual General Meeting shall be at least thirty five (35) Citizens who are present and participating. |
9.7.2 | . | The voting age shall be eighteen years and older |
9.8 | . | The Citizens of the Chapleau Cree First Nation have the overall authority
for the protection and good government for all of its citizens, their rights,
titles and interests.
Through their duly elected government, herein referred to as the Chief and Council, the citizens may enact Chapleau Cree First Nation Laws in relation to all matters including but not limited to the following: |
. | 9.8.1 |
protection, management and administration of the First Nation?s rights and benefits within their traditional territories; |
. | 9.8.2 |
use, management, administration, control and protection of all reserved lands; |
. | 9.8.3 |
implementation of all land claim agreements; |
. | 9.8.4 |
use, management, administration, control and protection of renewable and non-renewable resources under ownership, control or jurisdiction of the Chapleau Cree First Nation; |
. | 9.8.5 |
Citizenship of the Chapleau Cree First Nation; |
. | 9.8.6 |
Justice, which may include courts, Justice Officials, the administration of justice and other forms Traditional Cree dispute resolution mechanisms; |
. | 9.8.7 |
intergovernmental relations, including agreements for transfer payments and cost sharing and the participation in inter-jurisdictional bodies; |
. | 9.8.8 |
gathering, hunting, fishing and trapping or the harvesting of traditional medicines and for the conservation of the flora, the animals and their habitats; |
. | 9.8.9 |
pollution and environmental protection; |
. | 9.8.10 |
culture and language; |
. | 9.8.11 |
Traditional spiritual beliefs and practices; |
. | 9.8.12 |
education and training; |
. | 9.8.13 |
economic development; |
. | 9.8.14 |
health and health care and recreation; |
. | 9.8.15 |
healing and the well being of the Citizens; |
. | 9.8.16 |
social and welfare services and benefits; |
. | 9.8.17 |
public health and safety; |
. | 9.8 18 |
allocation or disposition of rights, titles and/or interests in or to reserved lands, including upon due process, expropriation for the benefit of the Chapleau Cree First Nation; |
. | 9.8.19 |
use, management, administration, control and the protection of the Chapleau Cree First Nation monies, including trusts and other monies that may be provided under different agreements from time to time; |
. | 9.8.20 |
raising of money by levying or collecting fees or taxes for the use or occupation of reserved lands, or other forms of fees or taxes from the Citizens of the Chapleau Cree First Nation and others who purchase services and make use of and benefit from the reserved lands; |
. | 9.8.21 |
rules of procedure and accountability for governing bodies; |
. | 9.8.22 |
establishment, organization and maintenance of corporations or other entities owned and controlled by the Chapleau Cree First Nation; |
. | 9.8.23 |
appointment, remuneration, tenure and removal from office of officers, employees, agents, and servants of the Government; |
. | 9.8.24 |
borrowing of monies; |
. | 9.8.25 |
communications; |
. | 9.8.26 |
family matters, including marriage, adoption and divorce; |
. | 9.8.27 |
well-being of children, including guardianship, custody, care and placement; |
. | 9.8.28 |
inheritance, wills, intestacy and administration of estates; |
. | 9.8.29 |
safeguarding the well-being and/or property of the persons under disability; |
. | 9.8.30 |
licensing and regulation of any business, trade, profession or other occupations on reserved lands; |
. | 9.8.31 |
public works and related services; |
. | 9.8.32 |
law and order including policing; |
. | 9.8.33 |
other subjects within the Chapleau Cree First Nation authority pursuant to the self-government parameters of the Chapleau Cree First Nation. |
9.9 | . | In order to carry out its functions and responsibilities the Council may: |
. | 9.9.1 |
expressly delegate some of its powers or authorities, on terms; |
. | 9.9.2 |
authorize the collection or expenditure of funds by departments; |
. | 9.9.3 |
review the performance of the departmentss; |
. | 9.9.4 |
authorize agreements between the Chapleau Cree First Nation or departments and other First Nation governments, bodies, entities or persons; |
. | 9.9.5 |
establish committees and departments; |
. | 9.9.6 |
seek and consider the advice of the Elders Council; |
. | 9.9.7 |
appoint persons to inquire into and report upon particular matters; |
. | 9.9.8 |
take other steps to give effect to this Constitution and Chapleau Cree First Nation Laws. |
. | . | . |
10 | . | Council |
10.1 | . | The Council of the Chapleau Cree First Nation has the overall responsibility for the administration of the Chapleau Cree First Nation government. |
10.2 | . | The Council shall be composed of seven (7) Citizens: a Chief, a Deputy
Chief, 3 Councillors, and an Elder and a Youth, all who can claim
Cree ancestry to the Chapleau Cree First Nation by proving twenty five
percentage (25%) genetic connection.
The Elders and Youth Councils shall select among themselves who they wish as their candidates. |
10.3 | . | The term of office for the Council shall be for three (3) years. |
10.4 | . | The |
10.5 | . | The Council shall exercise overall administration authority for the
Chapleau Cree First Nation and shall implement the First Nation's Laws.
For those purposes it shall implement resolutions passed at the Annual General Meeting and other meetings and may take other steps allowed under this Constitution, including but not limited to the following: |
. | 10.5.1 |
administer and implement Chapleau Cree First Nation Laws; |
. | 10.5.2 |
enact regulations authorized by the First Nation's Laws; |
. | 10.5.3 |
develop and enact policies; |
. | 10.5 4 |
develop and administer programs to provide services; |
. | 10.5.5 |
protect, administer and manage all of the Chapleau Cree First Nation interests, including all interests in lands, monies, capital and other assets; |
. | 10.5.6 |
make recommendations at the Band meetings; |
. | 10.5.7 |
provide for the registration and publication of Chapleau Cree First Nation Laws, regulations and the policies, actions and decisions of all the governing bodies and committees; |
. | 10.5.8 |
negotiate and conclude agreements on behalf of the First Nation; |
. | 10.5.9 |
expressly delegate some of its functions, on terms; |
. | 10.5.10 |
establish continuing or temporary committees and appoint citizens to these boards and committees; |
. | 10.5.11 |
convene meetings for the First Nation; |
. | 10.5.12 |
other matters as the Council feels necessary to carry out its responsibilities under this section. |
10.6 | . | At every meeting of the Citizens, the Council shall report on its activities.
At every meeting the Council will report on the recorded activities of the various committees, boards and departments. At the Annual General Meeting the Council will present their annual financial report. Minutes of the Citizens meetings will be posted at the Chapleau Cree First Nation administration office and shall be available on request to any Citizen. |
10.7 | . | Decision Making
The Council of the Chapleau Cree First Nation shall endeavor to make decisions by consensus. |
. | 10.7.1 |
A quorum for Council meetings shall be at least four (4) Councillors |
. | 10.7.2 |
The Council shall meet at least once per month. |
10.8 | . | Qualifications for Holding Office
The following qualifications for holding office on the Chapleau Cree First Nation Council: |
. | 10.8.1 |
a person who can quantify their ancestral and genetic connection as defined in section; 10.2 and is a Citizen of the Chapleau Cree First Nation |
. | 10.8.2 |
a person as defined in sections 20.1.2, 20.1.4 and 20.1.5 |
. | 10.8.3 |
must be of sober mind and of good character |
. | 10.8.4 |
must meet the requirements in the Band Custom law. |
10.9 | . | Councillors
Three Councillors will be selected as defined in section: 10.7.1 and one Councillor from the those defined in section: 10.7.2. |
10.10 | . | Councillors may be removed from office under the procedures set out Part 4 : General Matters of this Constitution. |
10.11 | . | In the event that a Councillor is unable to complete their term or continue in office, the procedure as set out in the election procedures in this Constitution will become effective. |
10.12 | . | Elder Councillor:
The Elder Councillor's term of office shall be for three (3) years. If the Elder's Councillor cannot continue in office then an alternate will be chosen among their group and assume the position. The Elder Councillor will report to the Elder's Council. |
10.13 | . | The Elder Councillor acts as the political voice for the Elders and
the general citizenry of the First Nation.
Therefore when fulfilling their responsibilities, the Elder Councillor shall act in the best interest of the First Nation. |
10.14 | . | Youth Councillor:
A Youth Councillor and an alternate shall be selected by the Youth Council for a term of office for one (1) year. If the Youth Councillor cannot complete their term then the alternate will assume office for the remainder of the term. The Youth Councillor will report directly and regularly to the Youth Council. The Youth Councillor shall be non-voting if under the age of majority as established in paragraph 9.7.2. of this Constitution. |
11 | . | Chief: |
11.1 | . | The Chief shall be Cree and qualify for office under the conditions
as outlined in section 10.2 of this Constitution.
The Chief acts as the voice of the Chapleau Cree First Nation. Therefore, the Chief shall act in the best interest of the First Nation. |
11.2 | . | The Chief is responsible to provide overall leadership for the Chapleau Cree First Nation. |
11.3 | . | Nominations and the election of the Chief will be as defined in the Election Procedures within this Constitution. |
11.4 | . | The term of office for the Chief shall be for three (3) years. |
11.5 | . | If the Chief cannot continue in office then the Deputy Chief will assume the duties on a temporary basis until a new Chief is elected pursuant to the regulations as defined in the Electoral Procedures of this Constitution. |
11.6 | . | The Chief shall exercise overall leadership to represent and protect
the Citizens and their rights, titles and interests and to implement Chapleau
Cree First Nation Laws.
For those purposes, the Chief shall ensure that resolutions passed at, Council meetings, general Band meetings and the Annual General Assembly are implemented and may take other steps allowed under this Constitution, including but not limited to the following: |
. | 11.6.1 |
act as the principle spokesperson and representative of the Chapleau Cree First Nation; |
. | 11.6.2 |
encourage the amicable resolution of internal disputes and conflicts within the Chapleau Cree First Nation communities, committees and other departments; |
. | 11.6.3 |
participate in committees and departments; |
. | 11.6.4 |
promote the fundamental principles as stated in part 1 of this Constitution; |
. | 11.6.5 |
oversee the general administration and management of the Chapleau Cree First Nation operations; |
. | 11.6.6 |
provide direction to the staff employed by the Chapleau Cree First Nation; |
. | 11.6.7 |
from time to time, the Chief may delegate his/her authority to the Deputy Chief. |
12 | . | Deputy Chief: |
12.1 | . | The Deputy Chief represents the interests of the First Nation's Citizens, therefore he/she shall act in the best interest of all Citizens. |
12.2 | . | The Deputy Chief has the responsibility to work co-operantly with and
under the direction of the Chief to provide leadership to the Chapleau
Cree First Nation.
The Deputy Chief shall support the actions and the authority of the Chief in keeping with the principles and spirit of this Constitution. |
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. |
12.4 | . | The length of office shall be for three (3) years.
If the Deputy Chief cannot continue in office, the Chief shall appoint a temporary replacement until a permanent person can be appointed pursuant to section 12.3 |
13 | . | Elders Council: |
13.1 | . | All members of the (Elders) Council shall have equal authority.
The Elders Council shall conduct its business by Consensus. The Elders Council shal determine the eligibility of citizens to be declared an Elder. |
13.2 | . | To ensure the continuity of values and traditions, the Elders Council is responsible to provide advice, assistance and recommendations to the departments and committees, and may take other steps allowed under this Constitution including but not limited to the following: |
. | 13.2.1 |
advise the Council and Citizens in Assembly on relevant matters; |
. | 13.2.2 |
advise other appointed bodies that may require direction; |
. | 13.2.3 |
participate in Citizenship matters; |
. | 13.2.4 |
assist the Council and others as/when requested to resolve conflicts; |
. | 13.2.5 |
appoint the Elder Councillor and the alternate on the Band Council |
. | 13.2.6 |
arrange programs for the Chapleau Cree First Nation Elders. |
14 | . | Youth Council: |
14.1 | . | The Youth Council will provide leadership to the Chapleau Cree First Nation youth regarding participation by the youth within the community and the First Nation and Mushkegowuk governments. |
14.2 | . | The youth Council shall be composed of seven, and four of which will
be persons as defined in section 10.2 of this Constitution.
The members of the Youth Council shall be selected from the young Citizens recognized for their maturity, potential leadership capabilities and their desire to be involved in First Nation government. Youth Council members shall be appointed for a one (1) year term. |
14.3 | . | If a member of the Youth Council cannot complete or continue in office that person shall be replaced by the Youth Council. |
14.4 | . | The Youth Council shall strive to reach consensus while conducting its business, failing this a majority vote shall prevail. |
14.5 | . | The Youth Council shall provide advice, assistance and recommendations on issues and matters concerning youth to the Chief and Council, at all Band meetings, to the different committees, and Governing Bodies, including but not limited to the following: |
. | 14.5.1 |
the Chapleau Cree First Nation and Mushkegowuk values, traditions and the operations of the different organizations, committees and departments; |
. | 14.5.2 |
assist members of the Council and the Elders in their functions and responsibilities; |
. | 14.5.3 |
attend all Band meetings; |
. | 14.5.4 |
advise the different committees and boards on matters of concern to the Youth; |
. | 14.5.5 |
encourage the youth to honour and observe this Constitution and the Chapleau Cree First Nation Laws; |
. | 14.5.6 |
arrange programs for the Chapleau Cree First Nation Youth. |
. | . | . |
15 | . | Administration of Justice: |
15.1 | . | The Chapleau Cree First Nation may establish a Justice System. |
. | 15.1.1 |
In the event that the Chapleau Cree First Nation established a Justice System it shall be in accordance to the principles of this Constitution and Chapleau Cree First Nation Laws. |
. | . | End of Part 3 |
. | . | . |
PART 4 | . | General Matters |
16 | . | Leaving Office |
16.1 | . | Members of Council and other Governing Bodies may leave office in the following manner: |
. | 16.1.1 |
voluntarily by resignation |
. | 16.1.2 |
leave of absence based upon but not limited to the following reasons: sickness, short term disability, education, pregnancy, change in employment; compassionate reasons. |
. | 16.1.3 |
Councillors- if no longer fit to hold office and/or convicted of a crime deemed to be immoral and repugnant to the First Nation and its Citizens |
. | 16.1.4 |
Chief and Deputy Chief - if no longer fit to hold office and/or convicted of a crime deemed to be immoral and repugnant to the First Nation and its Citizens. |
. | 16.1.5 |
Elder Councillor - if no longer fit to hold office and upon motion of the Elders Council |
. | 16.1.6 |
Youth Councillor- if no longer fir to hold office and upon recommendation and/or motion from the Youth Council. |
. | . | . |
17 | . | Appeals: |
17.1 | . | The Chief and Council shall enact Chapleau Cree First Nation Laws to provide for appeals for all decisions or actions of the different committees, boards and departments which shall be based upon the following principles: |
. | 17.1.1 |
Appeals from all decisions or actions made or taken by the Council, committees, boards and departments pursuant to the Chapleau Cree First Nation Laws, shall be determined according to Chapleau Cree First Nation Laws. |
. | 17.1.2 |
Judicial review of a decision or action may be commenced only after all appeals pursuant to Chapleau Cree First Nation Law has been exhausted. |
. | 17.1.3 |
Only persons directly affected by a decision or action shall have the right to appeal. |
. | 17.1.4 |
The first appeal shall be to the committee or departments which made the decision. In that first appeal, the committee or department shall review all aspects of the appeal and shall make whatever decision it considers appropriate. |
. | 17.1.5 |
A second appeal from a departments and/or a committee shall go to the Chief and Council for the Council?s disposition and decision. |
. | 17.1.6 |
If the appeal involves a Chief and Council decision, then the appeal will be dealt with by an independent Tribunal |
. | 17.1.7 |
The Independent Tribunal shall consist of seven (7) impartial and non-affected Citizens of which two (2) will be Elders, four (4) Citizens at large and a Youth. |
. | 17.1.8 |
In the event that a third appeal should be deemed to have further merit, then it shall be dealt with at a dully convened general meeting and shall require a minimum of seventy-five (75) percent support by those in attendance. |
. | 17.1.9 |
A final decision by the Citizens at a general meeting shall be final and binding on all parties, and not subject to further appeal or review in any Court. |
. | 17.1.10 |
Nothing in this section is intended to restrict the right of a Citizen to challenge the validity of any Chapleau Cree First Nation Law or seek a ruling that a law is of no force and effect. |
17.2 | . | Citizens Counsel:
In the event that a Citizen feels that his or her appeal process is being impeded they shall have the option of seeking the assistance of the Citizens Counsel. |
. | 17.2.1 |
The Citizens Counsel shall provide advise and assistance to the Citizen on matters where there may have been interference by the entity against whom the Citizen has filed a complaint or an appeal . |
. | 17.2.2 |
The Citizens Counsel shall be afforded full access to all the relevant material and records in order to expedite and clarify the issues whenever the Counsel deems that the Citizen?s complaint has merit and substance. |
. | 17.2.3 |
The Citizens Counsel shall be of sober mind and exemplary character and promote the practice the principles of this Constitution |
. | 17.2.4 |
The Citizens Counsel shall be elected by the Citizens during the First Nation's general elections and shall serve for a term of three (3) years. |
PART 5 | . | CITIZENSHIP MATTERS |
18 | . | Authority for Citizenship Matters |
18.1 | . | In this section the following definitions apply: |
18.1.1 |
'Proof of Marriage' may be a marriage license from an outside government, a traditional Cree or other First Nation ceremony or proof of having lived together with the intention of being husband and wife for at least two (2) years. |
|
. | 18.1.2 |
'Adoption Order' means Chapleau Cree First Nation custom adoption or any other adoption orders recognized under laws of Canada or its provinces and territories. |
. | 18.1.3 |
'Child' means a person under eighteen (18) years of age. |
. | 18.1.4 |
'Mushkegowuk Person' means a person who is enrolled or is eligible to be enrolled under the citizenship codes of the member First Nations of the Mushkegowuk Council. |
. | 18.1.5 |
'Citizenship Register' means the list of names of persons who are members of the Chapleau Cree First Nation pursuant to this Constitution. |
18.2 | All matters concerning Chapleau Cree First Nation Citizenship are within the exclusive jurisdiction of the Chapleau Cree First Nation and shall be determined according to this Constitution and the Chapleau Cree First Nation Laws. | |
19 | . | Citizenship Committee |
19.1 | . | The Chapleau Cree First Nation Council shall create a Citizenship Committee whose mandate and responsibility will be to make recommendations on citizenship matters to the Chief and Council. |
19.2 | . | The Citizenship Committee shall be selected from the Citizenry.
The Council shall, every three (3) years, submit to the First Nation Citizens a call for interested Citizens to sit on the Citizenship Committee. These Citizens would have to qualify under the conditions as outlined in section 10.2 of this Constitution. The Citizenship Committee shall be composed of one (1) Elder and an alternate and two adult (2) Citizens and an alternate. In the event that a member of the Citizenship Committee cannot complete their term, then the respective alternate shall assume office until such time that a replacement could be confirmed at a general Band meeting, or the member is able to return. |
19.3 | . | The Citizenship Committee shall meet in May and November of each year
to review and consider the applications for Citizenship.
Prior to these bi-annual meetings, the Citizenship Committee shall post a list of the applicants seeking Citizenship with the Chapleau Cree First Nation two weeks prior to their committee meeting. |
19.4 | . | All applications for citizenship with the Chapleau Cree First Nation
shall be in writing and using the prescribed format as defined by the Citizenship
Committee.
In the case of a dependent child, the application shall be signed be their legal guardian and who has lawful custody of the child. Each application shall provide all of the relevant personal information
as well as the genealogical information as defined in section 10.2 of this
Constitution.
|
19.5 | . | Having afforded each application for citizenship with a fair review
and after due consideration, the Citizenship Committee will submit its
report to the Chief and Council at their next meeting.
The Citizenship Committee will recommend, accept, reject the application based upon the need for more information. |
19.6 | . | The Chief and Council will then render their decision and provide the applicant a written notice of their decision. |
19.7 | . | Whenever the Citizenship Committee and/or the Chief and Council fails to provide an applicant with any form of official notice or correspondence within one hundred and twenty (120) days of applying for Citizenship with the Chapleau Cree First Nation, it shall be deemed a rejection. |
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20 | . | Chapleau Cree First Nation Citizens |
20.1 | . | The following are those who may beentitled to Citizenship with the Chapleau Cree First Nation: |
. | 20.1.1 |
A person registered on the Chapleau Cree First Nation Band List of the Department of Indian and Northern Affairs Canada prior to the adoption of this Constitution and Citizenship Code. |
. | 20.1.2 |
A person who is enrolled under the terms of this Constitution. |
. | 20.1.3 |
A person who can claim ancestry to the Chapleau Cree First Nation by proving a twenty five (25%) percent genetic connection and/or married to a Citizen. |
. | 20.1.4 |
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 |
A child adopted by a Citizen: |
. | 20.1.6 |
A Cree and or/a North American Aboriginal person |
. | 20.1.7 |
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. |
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21 | . | Associate Citizens |
21.1 | . | A person may apply to become a Chapleau Cree First Nation Associate
Citizen if
that person has a special relationship with the Chapleau Cree First Nation; and is sponsored for Citizenship by a Citizen; is recommended as an Associate Citizen by the Citizenship Committee and is supported by the Chief and Council. |
21.2 | . | Any person with less than twenty five (25%) percent genetic connection to the Chapleau Cree First Nation and is deemed to be Aboriginal may apply to be an Associate Citizen. |
21.3 | . | Any person who is non-aboriginal may apply to be an Associated Citizen if he/she was a child adopted by a Citizen. |
21.4 | . | When a First Nations person marries a Citizen and chooses to retain his or her citizenship with their mother community they can apply for Associate Citizenship. |
21.5 | . | Being accepted as an Associate Citizen does not confer any rights under the terms of any settlements such as Treaty Land Entitlement Claims or other Claims based upon inherent rights specific to the Chapleau Cree First Nation. |
21.6 | . | Associate Citizens cannot be Councillors |
21.7 | . | Associate Citizens cannot vote in any department. |
21.8 | . | In determining whether to accept a person as an Associate Citizen, the Citizenship Committee must consider all relevant factors including the following: |
. | 21.8.1 |
shared language, spiritual and cultural connections; |
. | 21.8.2 |
knowledge of the land and traditional Cree way of life; |
. | 21.8.3 |
length of residence in the Traditional Territory of the Chapleau Cree First Nation; |
. | 21.8.4 |
place of birth; |
. | 21.8.5 |
length of residence in the Mushkegowuk Territory. |
. | 21.8.6 | an Associate Citizen must serve a ninety day probationary period before being confirmed as an Associate Citizen |
22 | . | Loss or Removal of Citizenship |
22.1 | . | A person ceases to be a Citizen when one of the following occurs: |
. | 22.1.1 |
after giving written notice to the Citizenship Committee of an intention to renounce Chapleau Cree First Nation Citizenship and receiving written acknowledgment from the Citizenship Committee and or the Citizenship Clerk that the citizenship has ceased; |
. | 22.1.2 |
a person becomes a Citizen of another First Nation; |
. | 22.1.3 |
termination of marriage of a person whose citizenship was derived solely from that marriage, which includes separation for one year with the intention of terminating the marriage; |
. | 22.1.4 |
where the Citizenship Committee determines after appropriate notice and upon due consideration of all of the relevant information that a person was enrolled by mistake or fraud and did not initially qualify as a Citizen. |
. | 22.1.5 | a person, after due process and supported by a special Citizen?s referendum of a seventy five (75%) majority of the attending vote supporting the expulsion |
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23 | . | Citizenship Appeals |
23.1 | . | Decisions pertaining to citizenship may be appealed to the Citizenship
Committee by an applicant for citizenship or by a Citizen interested in
a particular application.
On such an appeal the Citizenship Committee shall give its recommendations to the Chief and Council in writing within sixty (60) days of the first notice of an appeal. |
23.2 | . | Further appeals shall be as provided pursuant to section seventeen (17) of this Constitution. |
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24 | . | Election and Voting Procedures ( Band Custom Format) |
24.1 | . | There shall be a general election applying the Chapleau Cree First Nation Band Custom Format for the office of Chief and seven (7) Councillors every three (3) years and to be held prior to June 30th of the calender year. |
24.2 | . | The Chief and Council shall appoint an Electoral Officer immediately upon the call for the general election. |
24.3 | . | There shall be a nomination meeting held one week from the date of the call for elections. |
24.4 | . | There shall be nominations for the office of Chief and four Councillors
drawn from the general Citizenry.
The Elder and Youth Councillors shall be selected as per section 10.2 of this Constitution. |
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'. |
24.6 | . | Any candidate who has been nominated may withdraw at any after his/her nomination but not later than forty eight (48) hours prior to the opening of the polls. |
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25. | . | Duties of the Electoral Officer: |
25.1 | . | The Electoral Officer in cooperation with the Citizen Clerk shall post a list in the Band Office Complex of eligible Citizens of the Chapleau Cree First Nation who qualify for nomination and the right to vote immediately upon the call for elections. |
25.2 | . | Any elector may apply to have the list of voter's revised for the following reasons: |
. | 25.2.1 |
the name of an elector has been omitted from the voter's list; |
. | 25.2.2 |
the name of the elector is incorrectly set out therein; |
. | 25.1.3 |
the name of person not qualified to vote is included. |
25.3 | . | If the Electoral Officer is satisfied that the list should be corrected, the officer shall complete the necessary corrections therein. |
25.4 | . | The Electoral Officer shall ensure that a mail out notice to all Citizens is completed indicating the time and place of the nomination meeting and the date of the election immediately upon the call for election by the Chief and Council. |
25.5 | . | The Electoral Officer shall post and make available a list of all who are nominated and ensure a mail out containing the voting regulations and a ballot indicating those seeking office is completed to the Citizens who cannot not or do not have access to the Band Office. |
25.6 | . | The Electoral Officer along with the Citizenship Clerk will supervise the casting of ballots ensuring only eligible voters vote. |
25.7 | . | The Electoral Officer shall ensure that all mailed in ballots have adhered to the voting principles and regulations including the following: |
. | 25.7.1 |
All mailed in ballots are secured and remain secret until after the polls have closed on election day; |
. | 25.7.2 |
all mailed in ballots are checked against the voters list to ensure that the persons name is on the 'Band List' and eligible to cast a ballot; |
. | 25.7.3 |
the only ballots that will be recognized are those that have been mailed through the regular mail (Canada Post) or delivered by a licensed courier and received at the polling station at least twenty four (24) hours before the official opening of the polls on the date of the election; |
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25.8 | . | Election and Voting Procedures
The Electoral Officer shall be responsible for the counting of all cast ballots and that all ballots clearly indicate that the intent to vote for a candidate was clear. |
25.9 | . | The electoral Officer shall have the option of assisting an elector cast their vote if she/he deems it necessary. |
25.10 | . | The Electoral Officer shall file the final results of the election and will indicate the number of votes received for each candidate, the total number of ballots cast and the number of spoiled ballots. |
25.11 | . | The Electoral Officer immediately upon completion of the election shall ensure all ballots, cast or unused are sealed and placed in secure storage for a period of fifteen (15) days after which time they will be destroyed. |
25.12 | . | All materials, lists, and notices that relate to the election procedures shall be notarized or initialized by the Electoral Officer prior to the posting or circulation of such documents. |
25.13 | . | Prior to opening of the polls on the date of the election, the Electoral Officer shall call in such persons that may be present to witness the fact that the ballot box is empty and then shall seal the ballot box to ensure it remains locked and sealed until such time that the polls have closed and the tabulations of the balloting is to commence. |
26 | . | Voting Procedures: |
26.1 | . | All votes cast shall be by secret ballot |
26.2 | . | All mailed or couriered ballots must be received in a sealed envelope
with the Citizens name and Citizenship Identification Number clearly indicated.
The Electoral Officer or an agent thereof shall then verify the legitamacy of the elector and then remove the ballot from the envelope and place the ballot in the ballot box in the polling station. The envelop will then be destroyed. |
26.3 | . | Names of each candidate shall appear in english on the ballot and, in alphabetical order indicating the candidates for Chief first then followed by those seeking the office of councillor. |
26.4 | . | An elector must present proper identification that indicates their
name and Citizenship Registery Number if so requested prior to receiving
a ballot to vote.
In turn the elector's name will be cross checked with the Band Registery and crossed off when they have recieved a ballot to vote. There will only be a corresponding number of ballots printed to the number of eligible voters indicated on the First Nation Citizens Registery. |
26.5 | . | There shall be no solicitation, political influencing or other forms of actions that could be construed as electioneering during the day of the elections and in the immediate area of the polling station. |
26.6 | . | Each candidate shall have the option of appointing one (1) scrutineer during the counting of the ballots. |
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27 | . | Election Appeals |
27.1 | . | If a Citizen wishes to appeal the validity or the legality of any of
the election processes, they are to submit in writing their concerns with
supporting evidence as to why and what their appeal is based upon to the
Chief Electoral Officer within forty eight (48) hours of the closing of
the polls.
The protester will then post a one hundred dollar bond ($100.00) which will be returned only if the Electoral Officer deems their protest to have merit and decides to hear the person's complaint. The posting of the bond is meant to discourage persons from filing meritless or frivilous protests and not an impediment to due process. |
27.2 | . | If and when the Electoral Officer decides to act and investigate a complaint, the Electoral Officer shall render a decision within forty-eight hours after having had received the intial complaint and the Electoral Officer's decision shall be final. |
27.3 | . | The Citizen shall not be limited or restricted from pursuing their appeal further as indicated in section 17 (Appeals) of this Constitution. |
. | . | End of Part 5 |
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Part 6 | . | Constitutional Amendments |
28.1 | . | Proposed amendments to this Constitution shall be provided to the Chief and Council in writing no later than forty-five (45) days prior to the Annual General Assembly. |
28.2 | . | The Council shall ensure that the proposed amendments will be posted
in the Band Office Complex and other buildings deemed public no later than
fourteen (14) days prior to the Annual General Meeting.
A mail out of the proposed amendments will be sent out to the Citizens thirty days prior to the Annual General Meeting. |
28.3 | . | The proposed amendments will be presented in the form of a referendum and will be discussed at the Annual General Meeting. |
28.4 | . | Upon discussion of the proposed amendment at the Annual General Meeting,
the conditions as outlined in sections 24, 25, and 26 (voting ) will
be applied and the Band Administrator and/Chief Executive Officer shall
be responsible for the management of the voting procedures.
Failing a consensus, all amendments will require passage by an affirmative vote of seventy five (75%) percent of the number of eligible votes cast. |
28.5 | . | No amendments to this Constitution shall be passed if fewer than seventy five (75) Chapleau Cree First Nation Citizens participate in the amendment process. |
28.6 | . | Amendments to Parts 2, 3, and 4, may be made by one referendum.
Amendments to Parts 1, 5, and 6 require passage by two consecutive referendums. |
. | . | End of Part 6 |