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

2018-01-03 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* 2 Membership Codes Constitution Act, 35(1) The existing 1982 s. 92(13) “Property and Civil Rights in the aboriginal and treaty S.3 S.92 rights of the Province” 5 S.91 aboriginal peoples s.91(24) of Canada are Division of s.92(12) “Marriage in “Indians and Powers hereby recognized the Province” Lands and affirmed. Reserved for the Indians” Indian Act, 1985 Examples: • First Nations Land Management Act Membership Codes: • First Nations Fiscal Management Act Ss. 2(3), 8, 10, 11 SIB Membership Code, 1987 1

2018-01-03 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 of 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 1 st Draft • February 26, 2018 – Community Meeting to Review 1 st Draft of New Membership Code w/Membership 2

2018-01-03 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 3

2018-01-03 Citizenship & Canadian Constitution • Section 91(25) – Parliament Power to Enact Legislation Re: Naturalization and Aliens • Citizenship Act : Two Categories o Natural Born Citizens o Naturalization of Citizens (must be a permanent resident first) 10 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 11 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 12 4

2018-01-03 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 13 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? 14 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 15 5

2018-01-03 Application / Acceptance Process – 1987 Membership Code • Procedure for Application for Membership Poll – Section 7 • Probationary Band Membership – Section 8 • Waiver of Probationary Band Member Standing – section 9 16 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 17 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 18 6

2018-01-03 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? 19 Revoking Membership • Cancellation of Canadian Citizenship • 1987 Membership Code • The Law of Procedural Fairness / Natural Justice • Break Out Session & Discussion 20 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 21 7

2018-01-03 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 22 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 23 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 of a person’s membership? – Initiation of process? – Decision-Maker? – Right to be heard? 24 8

2018-01-03 IF YOU HAVE QUESTIONS PLEASE FEEL FREE TO CONTACT: Sonya Pighin, SIB Legal Counsel Email. sonya@sonyapighinlaw.com Phone. 1-778-676-0333 9