Ctkwenme7iple7ten: SECWEPEMC CONSTITUTIONTable of Contents Section 1.0 Preamble - Section 2.0 Constitutional Commitment - Section 3.0 Reconciliation with Canada Section 4.0 Definit ‘ions and Interpretation. Section 5.0 Membership- Section 6.0 Structure of the Seewepeme Government. Section 7.0 Role of the Seewepeme Government Section 8.0 Role of Band: Section 9.0 Role of the Elders Council Section 10.0 Financial Administration Section 11.0 Conflict of Interest ~ Section 12.0 Dispute Resolution - Section 13.0 Oath of Office Section 14.0 Amendment Procedure -~ Section 15.0 Referendum Procedure —~ Section 16.0 In Force — (CtkwenmeTiple7ten: SECWEPEMC CONSTITUTION, January 11, 2005Section 1.0 Preamble Whereas the Seewepeme peoples have expressed a clear and strong desire to rebuild our own distinct institutions and government systems; ‘Whereas the Seewepeme peoples recognize and acknowledge the complexities and challenges that we face in advancing steps towards rebuilding our governance structures as a result of the negative impacts of colonialism and by the losses of culture and language through assimilation policies of the Government of Canada; Whereas in recognition of the determination of the people to face the challenges and strong desire for change, the Secwepeme peoples agree that rebuilding of the Secwepeme governance structures should take the best from the past and the best from today’s world and integrate these two different ways in to one strong, modem Secwepeme governance approach; Whereas the Seewepeme people acknowledge that in order to have a successful governance structure, we must strive towards achieving a balance between our vision for the future and our realities of today. Whereas the Seewepeme peoples have never ceded, surrendered, or in any way relinquished aboriginal title and will continue to assert our interests and exercise our aboriginal rights over the traditional territory. Through the adoption of this Constitution the peoples of the Secwepeme Nation exercise our inherent rights of governance and provide for governance that is accessible, stable, effective, accountable and transparent for the benefit of our peoples. Cthwenme7iple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 3Section 2.0 Constitutional Commitment 2.1. The Seewepeme Nation Government is committed to protecting the aboriginal rights of the Secwepeme peoples. In recognition of our use and occupation of the Seewepeme lands from time immemorial and in recognition and out of respect for the Creator or Old One, we, the Secwepeme peoples, forming the Seewepeme Nation Government do hereby adopt this Constitution in order to: i) promote the common welfare of our Nation ii) protect our people, land and natural resources now and in the future; iii) protect our Secwepeme heritage, including our customs and language; iv) preserve, secure and exerci all the inherent sovereign rights and powers of the Nation; v) __ protect and promote the role of the Elders within the modem governance system; vi) promote and foster positive International relations with other governments; vii) promote and implement the wishes and desires of our forefathers, specifically as detailed in the Sir Wilfred Laurier Memorial document of 1910; demonstrate the asse_ n of power/authority over our lands and peoples CthwenmeTiple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 4Section 3.0 Reconciliation with Canada The inherent right is an existing Aboriginal right recognized and affirmed under the Canadian Constitution. **CANADA says: Self-Government or Seewepeme Government shall be exercised within the existing Canadian Constitution. Canada’s recognition of self-government does not mean sovereignty in the continue to be ternational sense. Aboriginal peoples citizens of Canada and the province where they live. However, they may exercise varying degrees of jurisdiction and/or authority.***HOW do WE want to deal with this? The Canadian Charter of Rights and Freedoms will apply fully to the Seewepeme Government. The current provisions of the Charter that respect the unique Aboriginal and treaty rights of Aboriginal peoples will continue to apply. Section 4.0 Definitions and Interpretation “WHAT other words need definitions?* 4.1 Elders Council: A group of Secwepeme peoples who are respected and consulted due to their experience, wisdom, knowledge, background and insight. 4.2 Band: As defined by the Indian Act, a Band is a body of Indians for whose common use and benefit lands have been set aside or monies held by the Government of Canada or declared by the Governor in Council to be a Band. 4.3. Chief: The leader of the local Band and Band Council. The Chief is elected by cligible voters of the Band or selected according to the customs, regulations or by-laws of the Band. 4.4 Band Council: Governing or administrative body of a Band, eclected according, to procedures laid out in the Indian Act or according to the customs, regulations or by- laws of the Band. ‘CtkwenmeTiple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 54,5 Seowepeme Nation Government: An inherent Government of the Secwepeme peoples, guided by this Constitution and responsible for governing the Secwepeme Nation 4.6 Representative: An individual who has been slected by the Band Chief and Council to represent the Band at the Secwepeme Nation Government office. 4.7 Secwepeme Nation Government Administrator: An employee of the Secwepeme Nation Government, responsible for all administrative works of the Government 4.8 Membership Administrator: An employee of the Seewepeme Nation Government. 4.9 Band Council Resolution: Refers to a written resolution of the Council adopted at a duly convened meeting of the Council. CthwenmeTiple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 6Section 5.0 Membership 5.1 An individual is eligible to apply for membership in the Seewepeme Nation if that individual: i) is of Seewepeme ancestry; ii) is an adopted child of an individual of Secwepeme ancestry iif) is an individual who is married to one who is of Secwepeme ancestry or who has been adopted by one the Bands in accordance with Seewepeme custom in the presence of witnesses of that Band, 5.2. The Seewepeme Nation Government shalll include as part of the Admi structure of the Government, an Administrator of Membership position, 5.3. The Administrator of Membership shall be responsible for maintaining an accurate and up to date Membership Roll, receiving and processing app for membership, rendering decisions on applications for membership, providing information on membership and any other membership related duties. 5.4 There shall be maintained at the offices of _a Membership Roll in which shall be recorded the name of every person who is a Member 55 No disclosure or use of the information contained in the Membership Roll shall be made for any purposes other than: 5.6 On the date this Constitution comes into force, the names of the Band List maintained by Indian and Nosthem Affairs Canada for the Secwepeme Bands shall constitute the names of the Membership Roll. 5.7 A person wishing to become a member must submit an application for membership to the Administrator of Membership setting out the grounds on which the application is based together with any supporting documents. 5.8 The Administrator of Membership shall provide notice in writing of the decision of the applicant and deliver to each Band office copies of the same within | year of receipt of the application Ctkewenme7iple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 7Section 6.0 Structure of the Secwepemc Nation Government (Distribution of powers and organizational structure) 6.1 The Secwepeme Nation Government shall be a National Government and will represent all 17 Bands within the Seewepeme Nation territory as a whole in decisions regarding traditional lands and resources, health, safety, education and welfare that may contribute to the social, physical well-being and economic advancement of the Secwepeme peoples as a Nation. 6.2 The Secwepeme Nation Government body shall consist of 17 representatives, one from each Band within the Seewepeme Nation and collectively shall be known as the Seewepeme Nation Government; 6.3 Each of the 17 representatives shall be selected by the Chief and Council of each respective Band and evidence of such selection shall be provided to the Secwepeme Nation Government Administrator in the form of a Band Council Resolution. 6.4 The selection of a Band Seewepeme Nation Government representative is not restricted to members of the Chief and Council of that Band, and individual Bands are free to adopt their own customary selection process at the Band level. 65 The Chief and Council of each Seewepeme Band shall be the only body that the Secwepeme Nation Government shall recognize with authority to select a representative from their community to hold office in the Seewepeme Nation Government. 6.6 The Secwepeme Nation Government representative shall be paid a honourium for their service to the Nation, such honourium shall be set by the Seewepeme Nation Government Administrator and be subject to budget constraints. 6.7 There shall be no elections at the Seewepeme Nation Government level, in accordance with our traditional methods of leadership selection; each Band shall select one individual to represent them at the National Government level. 6.8 Bach of the 17 representatives shall share equally in power and responsibility to the Seewepeme Nation peoples. Each representative shall be equal and be entitled to one vote only. 6.9 Vacancies in office shall be filled by Resolution by the affected corresponding Band. Cthwenme7iple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 86.10 In recognition of the challenges faced by the Seewepeme peoples in asserting sovereignty, the Seewepeme Nation Government reserves the right to exercise its inherent right to develop an independent judiciary using as its basis traditional methods of discipline and remedies of the Seewepeme peoples to be adopted on a National level and guided by this Constitution in the future. Section 7.0 Role of Secwepemc Nation Government 7 73 74 15 16 ca 7:8) CthwenmeTiple7ten: ‘The Secwepeme Nation Government shall represent all Secwepeme peoples and the Seewepeme Nation as a whole, and exercise all of its powers including but not limited to the passing of the Seewepeme Nations laws, overseeing financ’ management and administration of the affairs of the Seewepeme Nation in accordance with this Constitution. ‘The Secwepeme Nation Government is entitled to create delegated authorities, with attendant powers to achieve any of the following objectives: to enter into contracts, obtain legal counsel, authorize or make appropriations of funds for Secwepeme Nation Government purposes, to borrow money, to collect taxes. ‘The Seewepeme Nation Government shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution, The Seewepeme Nation Government shall be responsible for negotiations with government and others in relation to traditional territory matters. The Seewepeme Nation Government shall act in the best interests of the Secwepeme peoples, be impartial and act in good faith at all times in the decision making on behalf of the peoples. ‘The 17 Representatives forming the Secwepeme Nation Government shall demonstrate leadership, with an emphasis on community independence, and take into consideration the needs of future generations and the principles in this Constitution in all decisions on behalf of the Secwepeme peoples. ‘The Chairperson of each meeting will be appointed by those present and all representatives shall have the opportunity and obligation to rotate through the position of Chairperson during their term in office. During the representatives chairing of a meeting, the representative shall be entitled to cast one vote on each motion, resolution or issue as a representative of their Band, ;CWEPEMC CONSTITUTION, January 11, 2005 919 7.10 mA 712 74 71S 7:16 7AT 718 719 7.20 ‘The Secwepeme Nation Government shall establish its rules for procedures at meetings where it is not provided for in this Constitution. ‘The Secwepeme Nation Government shall meet on a monthly basis to conduct business of the Seewepeme Nation Government. ‘The Secwepeme Nation Government shall hold one annual meeting each year and. such meeting shall be open to all members of the Nation and the representatives shall present their annual report of business conducted for the previous year at that time All lands within the Seewepeme territory that do not form part of a reserve belonging or under the jurisdiction of a local Band, shall be the responsi the Seewepeme Nation Government, unless otherwise provided for in this Constitution, ty of ‘The Secwepeme Nation Government is responsible for providing direction, guidance, and ultimate decision making authority of the National Government by majority vote. ‘The Secwepeme Nation Government shall adopt a portfolio system, responsible for representing Bands interests in traditional areas, such traditional areas to be defined by zones and the Bands shall be responsible for resolving in a cooperative way any overlaps of territory in a generous and understanding manner. No business shall be conducted by the Seewepeme Nation Government body during any meeting of the Seewepeme Nation Government except in accordance with the published agenda for that meeting No business shall be conducted by the Seowepeme Nation Government unless at least two-thirds (2/3) of the 17 members as appointed shall be in attendance, which number shall constitute a quorum. No laws passed by the Seowepeme Nation Government shall have retroactive effect or operation. All meetings of the Seewepeme Nation Government shall be open to the members except when the decorum of the audience shall prejudice orderly administration of business. The 17 representatives shall participate on committees, boards, or other institutions to which they have been assigned by Resolution of the Secwepeme Nation Government, ‘The 17 representatives shall faithfully and conscientiously comply with end enforce provisions of this Constitution, (Cthewenme7ipte7ten: SECWEPEMC CONSTITUTION, January 11, 2005 10Section 8.0 Role of Bands 8.1 82 Each Band within the Secwepeme Nation territory shall maintain all powers and responsibilities at the local level and shall be solely responsible for all reserve lands, administration issues and financial issues in relation to the Bands existing reserve lands, The Secwepeme Nation Government representative shall be chosen for their ability to lead, ability to make knowledgeable decisions, their knowledge of Seewepeme culture, and commitment to implementing Secwepeme governance. Section 9.0 Role of Elders Council o1 9.2 93 94 ‘The Elders Council shall be made up of those Elders who are recognized in their community as wise, tolerant, personable and articulate. The participation in the Elders Council is open and voluntary, subject only to any rules or procedures adopted by the Elders Council The Elders Council shall review any matter referred to it by the Secwepeme Government, debate and weight all aspects of the issue and make a recommendation as to action to the Seewepeme Nation Government. ‘Once a matterfissue has been referred to the Elders Couneil for recommendations, the Seewepeme Nation Government must take the subsequent recommendations into consideration when making the final decision, giving the Elders Council recommendation the utmost respect and regard, The Secwepeme Nation Government shall refer matters to the Elders Council from time to time as the need arises and the Elders Council shall review information provided in relation to the issue, hear from witnesses, and be entitled to request more information as required prior to rendering a recommendation, (CtkwenmeTiple7ten; SECWEPEMC CONSTITUTION, January 11, 2005, TtSection 10.0 Financial Administration 10.1 The Secwepeme Nation Government shall conduct the Nations business in a manner which ensures sound financial management by adopting sound and proven financial management models and monitoring the implementation and compliance with the same. Section 11.0 Conflict of Interest 11.1 A representative member of the Seewepeme Nation Government will take no part a the discussions or voting on any matter in which he, a member of his immediate family or relative living with the member will benefit by financial gain, 11.2. Itisa responsibility of a representative to be aware of potential conflict of interest matters and to declare immediately and leave the meeting until the matter has been resolved by the remainder of the Seewepeme Nation Government representatives. Section 12.0 Dispute Resolution 12.1 Where the Secwepeme Nation Government has made a decision that a member or members disagree with, the member has the right to appeal such decision by submitting in writing to the Secwepeme Nation Government Administrator the grounds upon which the decision is disputed. 12.2 The Seewepeme Nation Government Administrator shall provide all 17 representatives with a copy of the appeal submission and provide a copy to the Elders Council along with a request for review. 12.3 The Elders Council shall meet and review the appeal and within 30 days of receiving the appeal notice, provide recommendations to the Secwepeme Nation Government Cthwenme7iple7te ECWEPEMC CONSTITUTION, January 11, 2005 212.4 As part of the appeal process, the Elders Council may request further information from any of the parties, call upon any party to give evidence before the Elders Council and be entitled to any other information that they deem in their sole discretion relevant to the appeal Section 13.0 Oath of Office 13.1 Bach leader appointed to the Seewepeme Nation Government by way of a Band Council Resolution shall swear an oath of office before the Council of Elders, swearing to: 4) uphold and comply with this Constitution and Secwepeme laws ») fulfill duties and responsibilities of their office ©) carry out their duties faithfully, honestly, impartially and to the best of their abilities Section 14.0 Amendment Procedures 14.1 The process for the development and passage of amendments to this Constitution may be initiated by i) Resolution of the Council ii) _ Petition presented to the Seewepeme Nation Government by at least __ members setting out the specific area in this Constitution requested to be amended. 14.2 The Secwepeme Nation Government shall upon receipt of the Petition or the passing of the Resolution develop a draft proposed amendment and call a Special Meeting of the Nation by providing to each community a 30 day notice indicating the time, date and place of the Special Meetings and a summary of the proposed amendment. 143. After the Special Meeting, within 60 days, a final draft shall be prepared and a referendum shall be held in accordance with the Referendum provisions of this Constitution. (CtkwenmeTiple7ten: SECWEPEMC CONSTITUTION, January 11, 2005 13Section 15.0 Referendum Procedures 15.1 153 15.4 15.5 15.6 15.7 Any Seewepeme Nation Government representative may put forward a proposed referendum question at a duly convened Secwepeme Nation Government meeting as part of the agenda items, or by presenting the Government with a Petition stating the proposed referendum question signed by not less than 20% of the registered Seewepeme Nation members. Once a referendum question has been proposed, the Secwepeme Nation Government must strike a Referendum Committee and the Committee shall meet within 7 days of the Secwepeme Nation Government meeting where the question was raised to examine and redraft, if necessary, the Referendum question If two or more issues are proposed by the Referendum Petition or Resolution, they shall be submitted in such a manner that the Secwepeme Nation members may vote for or against them separately. Within 21 days of the date of the Petition or Resolution, the Referendum Committee must finalize the referendum question and provide notice to all members of the Secwepeme Nation by newspaper advertising, posting of notices at Band offices and by any other means that the Committee finds appropriate. The notice must provide the final question(s), the time, date and location for voting. This notice must provide the Secwepeme Nation members with 30 days notice of the voting date. The Seewepeme Nation Government is bound by all decisions made by way of Referendum vote and must take steps to implement or be subject to be removed from office. A referendum vote shall be carried with __% of the Secwepeme Nation member votes in favor. A referendum vote shall be considered valid and binding where 51% of the eligibility Seewepeme Nation members vote and __%are in favor of a referendum question, ;CWEPEMC CONSTITUTION, January 11, 2005 4Section 16.0 In Force ‘This Constitution shall become effective when ratified by the __ by way of__. (CtkwenmeTiple7ten: SECWEPEMC CONSTITUTION, January 11, 2005