2018-01-03 Brought to you by: Skeetchestn Indian Band Council and - - PDF document

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Brought to you by:

Skeetchestn Indian Band Council and Administration, and Sonya Pighin Law

Goals for Today

• 1. Overview of Membership Codes
• 2. Overview of why SIB is reviewing and revising the

1987 Membership Code

• 3. Overview of the Membership Code – Revisions

Process

• 4. Discussion & Engagement regarding options for:

– Membership Eligibility Criteria – Loss / Revocation of Membership – Membership Decision-Making & Application Procedures *We will also look at the Canadian Citizenship Act as a comparison document*

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Membership Codes

Constitution Act, 1982

• s. 92(13) “Property

and Civil Rights in the Province” s.92(12) “Marriage in the Province” s.91(24) “Indians and Lands Reserved for the Indians” S.92 S.3 5 35(1) The existing aboriginal and treaty rights of the aboriginal peoples

• f Canada are

hereby recognized and affirmed. S.91 Division of Powers Indian Act, 1985 Examples:

• First Nations Land Management Act
• First Nations Fiscal Management Act

Membership Codes:

• Ss. 2(3), 8, 10, 11

SIB Membership Code, 1987

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Why Change the 1987 Membership Code?

• 1. Last extensive review was 30 years ago
• 2. Skeetchestn

Indian Band’s Comprehensive Community Plan’s goals include:

– SIB C&C and Administration to have a clear policy on status and membership rights, including rights of future generations. – SIB C&C and Administration are responsible for reviewing, and if necessary amending the current policy on band membership rights, including inter- generational rights.

Membership Code Revision Process

• March/April 2017 – Legal Counsel Reviewed the 1987

Code & Reported Back to C&C

• October

2017 – Revised Work Plan; Review

• f

Ratification Process with C&C

• November 7 2017 – Council Review and Instructions to

Finalize Ratification Process

• November / December 2017 – Prepare Presentation

Materials and Survey Documents

Membership Code Revision Process Cont’d

• January 9 2018 – Community Presentation
• January 9 2018 – February 9, 2018 -

Community Engagement (Workshops, Home Visits, Phone Calls)

• February 16, 2018 – Completion of 1st Draft
• February 26, 2018 – Community Meeting to Review 1st

Draft of New Membership Code w/Membership

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Membership Code Revision Process Cont’d

• February 27 – March 31 2018 – Final Draft of New

Membership Code Completed

• Spring

/Summer 2018 – Ratification Process Completed & Community Option to Approve the New Membership Code – 50% of Members over 18 yrs of age must participate in the vote – 50% +1 of Members who participate in vote must vote to approve the New Membership Code

Eligibility to Become a Member

• 1. Categories & Restrictions:

– Automatic SIB Membership – Acquiring SIB Membership – Denial of SIB Membership

• 2. 1987 Membership Code
• 3. Canadian Citizenship Act
• 4. Group Break Out Session – Discussion /

Surveys

Eligibility to Become a Member – 1987 Membership Code

• Automatic Members – Section 3
• Other Eligibility Criteria – Section 5

– 19 years of age – Registered as an Indian under the Indian Act – 1 Parent who is registered as an Indian under the Indian Act – Good Character and Conduct – Give up other memberships

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Citizenship & Canadian Constitution

• Section 91(25) – Parliament Power to Enact

Legislation Re: Naturalization and Aliens

• Citizenship Act: Two Categories
• Natural Born Citizens
• Naturalization
• f

Citizens (must be a permanent resident first)

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Canadian Citizenship Act – Natural Born Citizens

• Born in Canada or on a Canadian Vessel
• In many cases, if Born Outside Canada within certain

time periods, and one parent is a Citizen of Canada, can also apply for Citizenship without becoming a permanent resident first

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Canadian Citizenship Act - Naturalization

• Permanent Resident Status
• Proof of Filing Income Taxes x 3yrs , as

required by Law

• If 18 – 54 yrs of age: Language Abilities Test
• If 18 – 54 yrs of age: Knowledge of Canada

– values, history, symbols, institutions, rights, responsibilities and privileges of citizenship

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Canadian Citizenship Act – Naturalization – Grounds 4 Denial

• In prison / On Parole or Probation / Serving a sentence

for a criminal offence

• Convicted of an indictable offence within 4 years prior to

application; Charged with or on trial for or on an appeal for an indictable offence

• False statements or submission of false documents or lie

with relation to their application

• Involved in war crimes, or major human rights violations

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Break-Out Session: Recognition as SIB Member

• 1. In

what circumstances should a person automatically be considered an SIB Member?

• 2. If not automatic, what criteria must be met before

someone can be considered an SB Member?

• 3. If not automatic, what criteria may restrict a

person from being considered an SB Member?

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Application / Acceptance Process

• 1987 Membership Code
• Canadian Citizenship Process
• Options:

– Committee Makes Decisions – Council Makes Decisions (w/recommendations from a Committee?) – Membership Clerk, or other Officer of SIB Makes Decisions – Customary Laws / Traditions of SIB

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Application / Acceptance Process – 1987 Membership Code

• Procedure for Application for Membership

Poll – Section 7

• Probationary Band Membership – Section 8
• Waiver
• f

Probationary Band Member Standing – section 9

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Canadian Citizenship Act Application / Acceptance Process

Step 1: Permanent Resident:

• Two Application Classes: Family Sponsorship,

Economic Classes (in demand skills).

• Eligible for Social Benefits
• Allowed to live, work and study in Canada
• Protected by Canadian Laws (Charter)
• Must pay taxes
• Cannot vote, run for office, or work certain jobs

with high security clearances required

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Canadian Citizenship Act Application / Acceptance Process

Step 2: Application for Canadian Citizenship Step 3: If you are 18 – 54 Years Age = Citizenship Test / Language Test Step 4: Citizenship Ceremony – Oath of Allegiance

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Break Out Session Re: Application / Acceptance Process

• 1. Who should be responsible for assessing

whether a person meets the eligibility criteria?

• 2. Should

a person need to complete a citizenship test / interview? If yes, what should it include and who should need to complete the test / interview?

• 3. Once a decision is made, how should the

decision be implemented? i.e. ceremony?

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Revoking Membership

• Cancellation of Canadian Citizenship
• 1987 Membership Code
• The Law of Procedural Fairness /

Natural Justice

• Break Out Session & Discussion

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Under the Canadian Citizenship Act, you can have citizenship revoked if:

• You provide false information in your application; If

revoked for false information provided, you must wait 10 years to re-apply

• Certain Criminal Convictions related to the state, such as

spying, or treason

• Serve another Country in armed forces
• Engagement in Conflict w/Canada
• Other reasons, may be permanently barred from future

citizenship

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Under the 1987 Membership Code, you can loose membership if:

• You transfer Band Membership to Another

Band / Withdrawal – Section 10

• You are forcefully removed– Section 11(1)
• Process for Removal – Section 11(2)
• Annual Membership Poll – Sections 12, 13

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To Consider: Law of Procedural Fairness / Natural Justice

• Reasonable Notice of decision to be made

(date/time/location/decision)

• Opportunity to be heard (written / oral

submission?)

• Reasons

for Decision (ideally, written reasons)

• Risk if not complied with = litigation in

Federal Court

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Break Out Session Re: Revoking Membership

• 1. In what circumstances should a person

be at risk of loosing their membership?

• 2. What

process should be followed if seeking revocation

• f

a person’s membership? – Initiation of process? – Decision-Maker? – Right to be heard?

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IF YOU HAVE QUESTIONS PLEASE FEEL FREE TO CONTACT:

Sonya Pighin, SIB Legal Counsel

• Email. sonya@sonyapighinlaw.com
• Phone. 1-778-676-0333