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: kkcommteam@gmail.com Ph: 1-888-635-1718 | www.kitsumkalumtreaty.com

Band Administration OfficeEmail: kitsumkalum@citywest.caPh: 250-635-6177