Contact Information
Patti Skillen
Policy Advisor
Email: patti@abo-peoples.org
Congress of Aboriginal Peoples
867, boul. St. Laurent Blvd.
Ottawa, ON K1K 3B1
Tel: (613) 747-6022
Fax: (613) 747-8834
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Corbiere: The Unfinished Business
In 2006, the Government of Canada initiated two specific initiatives that will address potential improvements that were lost with the demise of Bill C-7. These include a commitment to fill the legislative void with respect to Matrimonial and Real Property on reserve and Bill C-44, An Act to Amend the Canadian Human Rights Act (which will ensure that the Canadian Human Rights Act is fully applicable on reserve).
Beyond these initiatives, there are a large number of issues relative to Band Council governance and the need to ensure that the rights of off-reserve Band Members are respected.
As a result of CAP’s consultation process under the Communities First: First Nations’ Governance Initiative, CAP’s constituents identified the following concerns:
Government Process with Respect to Aboriginal Initiatives:
- There must be equal recognition of Aboriginal peoples and Aboriginal peoples’ governments in federal legislation, including off-reserve Aboriginal peoples’ organizations
- The individual equality rights violations embedded in the Indian Status entitlement and band membership provisions must be corrected
- The equality rights of Aboriginal women must be addressed in any governance or self-government legislation
- Off-reserve Aboriginal peoples’ organizations should be properly resourced to meet the program and service needs of off-reserve Aboriginal people and at a level proportionate to the funding provided on-reserve Aboriginal people
- Off-reserve Aboriginal peoples’ organizations should be funded at least on an equal basis with on-reserve organizations in respect to their participation in consultation processes
- Equality rights with respect to political participation in elections and other forms of leadership selection must apply to all custom bands as well as bands operating under the Indian Act election system
Indian Act Issues:
- There is a need to ensure financial and political accountability of Indian Act Band Councils
- There is a need to ensure equal rights of political participation in all aspects of Indian Act elections and leadership selection
- There is a need to examine the definition of “band” under the Indian Act, as well as the government’s role and federal policy regarding new band creation
Other Issues Raised in the Consultations:
- The application of Charter equality principles to all aspects of political participation by off-reserve band members under the Indian Act (off-reserve band members must be provided the right to run for office and nominate candidates, as well as to vote in elections)
- Recognition of a statutory right of individual members to be informed of and have access to membership lists, rules, laws and any other form of decision-making by bands and band councils
- Statutory requirements for basic financial accountability such as tabling of annual financial audits, disclosure of salaries and leadership and band officials (elected or employees), participation in membership decisions affecting financial affairs and access to information generally on the management of band funds and assets
- The need for recall mechanisms where leaders have violated the people’s trust or simply refuse to carry out their duties
- Maintenance of the principle of one person, one vote for all Indian Act electors
- A system of proportional representation to ensure balanced representation of on and off-reserve band members or alternatively, separate councils for off-reserve band members
- Application of the Charter of Rights and Freedoms to all Indian Act bands and band councils and any form of Aboriginal government
- Need for an independent agency to oversee Indian Act election processes
- Need for dispute resolution mechanisms including an ombudsperson
- Extension of the term of Indian Act band councils to four or five year
The Congress of Aboriginal Peoples remains committed to the need for change in all these areas, and will continue to seek opportunities to bring about positive change in these areas.
Post Corbiere Report: "Justice Is Equality"
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