An Opportunity to Amend the Indian Act
The Federal government promised Michel First Nation, numerous times, that the government was studying Bill C-31's inadequate to deal with Michel's situation.
Now is the time for the federal government to keep it's promises and act to make changes to the Indian Act.
Despite numerous promises to the Michel First Nation to address the issues of Band Status - the government did not act on advice from Indian and Northern Affairs Canada officials, make any report to parliament or address the recommendations. The problems with Bill C-31 were shelved and forgotten.
This is a serious breach of fiduciary duty: It is evident that the government recognized that there was an inequity in the revised Act, but it would not take the simple steps necessary to amend it.
The decision by the Department of Indian Affairs to enfranchise the entire band violate the principles of democracy and the rule of law
Michel First Nation doubts the legitimacy of the "consent" obtained from the Michel Band members to be enfranchised as a band. The legislation of the day required that the following process to be used:
Step one: Application
a) Either a band applies for enfranchisement by submitting a plan for the disposal or division of the funds to the band and lands in the reserve; or
b) The Minister may appoint a committee to inquire into desirability of enfranchising the entire band, even if they don't apply: one judge, an officer of the Department, and a Band member. If the committee is in the opinon that the band is capable of managing its own affairs as a municipality, the Minister could deem the inquiry to be an application (s.112).
Step two: Report to the Minister
Minister reports that, in his opinion, the band is capable of managing its own affairs as a municipality or part of a municipality
Step three: Order by the Governor in Council
Governor in Council may by order approve the plan, declare that all the members of the band are enfranchised BUT an order for enfranchisement could not be made unless more than fifty per cent of the electors of the band signify, at a meeting of the band called for the purpose, their willingness to become enfranchised and their approval for the plan.
It appears that DIAND dispensed with requiring a majority of voters to approve the application for enfranchisement.
The records indicate that there was never a meeting at which the electors approved the enfranchisement plan. There were meetings held to discuss the enfranchisement plan, but it is not even clear that 50% of the electors attended those meetings. Nevertheless, INAC was prepared to push through the enfranchisement plan on the basis of committee recommendations. Furthermore, it is not clear that the women of the band had the opportunity to give their approval. If their husbands enfranchised, they would have automatically lost their status along with their children.
Opportunity for Change
The Court suspended it's declaration for 12 months, to April 6, 2010, to give the Government time to amend the Indian Act. The Minister of Indian Affairs has promised to take immediate action to amend the legislation.
The decision of the B.C. Court of Appeal in McIvor has created a window of opportunity for the Michel First Nation to bring our issues of re-designation to the foreground. The Minister says he is committed to changing the legislation to eliminate discrimination.
Read more in: What's New
Now is the time for the federal government to keep it's promises and act to make changes to the Indian Act.
Despite numerous promises to the Michel First Nation to address the issues of Band Status - the government did not act on advice from Indian and Northern Affairs Canada officials, make any report to parliament or address the recommendations. The problems with Bill C-31 were shelved and forgotten.
This is a serious breach of fiduciary duty: It is evident that the government recognized that there was an inequity in the revised Act, but it would not take the simple steps necessary to amend it.
The decision by the Department of Indian Affairs to enfranchise the entire band violate the principles of democracy and the rule of law
Michel First Nation doubts the legitimacy of the "consent" obtained from the Michel Band members to be enfranchised as a band. The legislation of the day required that the following process to be used:
Step one: Application
a) Either a band applies for enfranchisement by submitting a plan for the disposal or division of the funds to the band and lands in the reserve; or
b) The Minister may appoint a committee to inquire into desirability of enfranchising the entire band, even if they don't apply: one judge, an officer of the Department, and a Band member. If the committee is in the opinon that the band is capable of managing its own affairs as a municipality, the Minister could deem the inquiry to be an application (s.112).
Step two: Report to the Minister
Minister reports that, in his opinion, the band is capable of managing its own affairs as a municipality or part of a municipality
Step three: Order by the Governor in Council
Governor in Council may by order approve the plan, declare that all the members of the band are enfranchised BUT an order for enfranchisement could not be made unless more than fifty per cent of the electors of the band signify, at a meeting of the band called for the purpose, their willingness to become enfranchised and their approval for the plan.
It appears that DIAND dispensed with requiring a majority of voters to approve the application for enfranchisement.
The records indicate that there was never a meeting at which the electors approved the enfranchisement plan. There were meetings held to discuss the enfranchisement plan, but it is not even clear that 50% of the electors attended those meetings. Nevertheless, INAC was prepared to push through the enfranchisement plan on the basis of committee recommendations. Furthermore, it is not clear that the women of the band had the opportunity to give their approval. If their husbands enfranchised, they would have automatically lost their status along with their children.
Opportunity for Change
The Court suspended it's declaration for 12 months, to April 6, 2010, to give the Government time to amend the Indian Act. The Minister of Indian Affairs has promised to take immediate action to amend the legislation.
The decision of the B.C. Court of Appeal in McIvor has created a window of opportunity for the Michel First Nation to bring our issues of re-designation to the foreground. The Minister says he is committed to changing the legislation to eliminate discrimination.
Read more in: What's New