Escolar Documentos
Profissional Documentos
Cultura Documentos
Governance Change
1. This is Canadian legislation. It puts the Minister CIRNA and the Privy Council of Canada as the ultimate decision makers.
2. This is not a Nation-to-Nation agreement. It is Canadian law that requires a First Nation (reserve) to agree to be governed
by its terms. By such agreement, unlike the Indian Act, which is imposed legislation; acceptance acknowledges Canadian
sovereignty over the reserve.
3. Reserves are defined as First Nations. Reserves are a colonial construct used to destroy the cohesive structures of
Indigenous nationhood. This Act uses the reserve as an equivalent to an Indigenous Nation. This is contrary to
Haudenosaunee cultural norms. The Act does not allow for the Kanièn’kehà:ka as a Nation to exist within this framework.
4. There are no advantages inherent in this Act itself or in the structures that provide any advantages over the status quo of
remaining under the Indian Act. In fact, there is only the significant downside of accepting Canadian sovereignty by the
act of asking to be on the schedule.
5. Kanièn’kehà:ka culture, whether one is a longhouse adherent, or a follower of the Handsome Lake code, or working to re-
establish a decolonized traditional cultural practice, is more than a reserve. The continued recovery and revitalization of
our culture will be hurt by the divisive nature of this Act that will allow communities of Kanièn’kehà:ka to opt in or opt out
of being under Canadian sovereignty.
6. If we are to survive as a distinct Nation of Haudenosaunee peoples with distinct Kanièn’kehà:ka practices and beliefs, this
Act is a direct threat.
A common response to analyses such as this is “You are clear about what you are against but you have no solution”. I admit I
don’t have “the solution”. However I do know there are many in our communities struggling preserve and revitalize our core
values as Kanièn’kehà:ka. The solution lies within their work.
Alternative Approaches to Governance Change
The time has come when the need to bury the hatchet within the various Kanièn’kehà:ka communities is urgent and a matter of
survival. The overt and covert, aggressive actions of Canada to further divide our communities and prevent the revitalization of
Kanièn’kehà:ka nationhood has never been greater. The factionalism that prevents our communities from taking collective
cohesive action will result in our extermination as a distinct people. Of this I am convinced.
Within the various factions, there remain elements that are distinctly “Mohawk”. This includes longhouse adherents, followers of
the Handsome Lake code, Christian Mohawks, and those seeking to build a decolonized Kanièn’kehà:ka identity based on pre-
contact Kanièn’kehà:ka principles and cultural practices. The differences must be set aside and the commonality of being
“Mohawks” must be brought to the forefront. Our ancestors understood that “culture” was something that would morph over
time. Rigidity in beliefs and ideology ignore that processes of the natural world where time leads to transformation of entire
landscapes.
The challenge is to find the commonalities, build on them and declare our Nationhood outside the definitions of the colonizers so
the gift of our ancestors, of who we are, can be restored and revitalized within our own sovereign Nation.
That time is now. There are groups and individuals within our various communities already talking about this notion. This
action must be supported, encouraged and become encompassing of all where individual ideologies are set aside in the interest of
finding common ground.
Element from the FNEA Analysis of the Element Implications for Kanièn’kehà:ka
Communities
An Act respecting the election and term of This is an act of the Government of Canada The Indian Act was illegally imposed on our
office of chiefs and councillors of certain created unilaterally without input from the people. It is imposed legislation. To move
First Nations and the composition of council Kanièn’kehà:ka people. It is Canadian away from the Indian Act to the rules and
of those First Nations legislation. protocols of Kanièn’kehà:ka governance
[Assented to 11th April 2014] would be a step of empowerment and
Her Majesty, by and with the advice and It will require a resolution from someone or independence moving towards the original
consent of the Senate and House of something not defined asking to be put on intentions of the Kaswentha. As sovereign
Commons of Canada, enacts the Schedule of reserves agreeing to be peoples
as follows: governed by this Act.
The FNEA is Canadian legislation. To accept
Short Title It is based on reserves not Nations. The this legislation is to accept Canada’s
wording is designed to be tricky. It actually sovereignty over our people and to
1 This Act may be cited as the First Nations breaks up Nations with communities within acknowledge Canadian Law will govern us.
Elections Act. a Nation deciding to be Canadian and others It is NOT imposed legislation. It requires a
deciding to be Kanièn’kehà:ka conscious act to acknowledge and accept
Canadian law will be the ultimate authority
over the reserve.
http://www.international.gc.ca/gac-
amc/appointments-
nominations/index.aspx?lang=eng
First election The elections are based on the assumption This is a highly divisive Act. It divides
5 The date of a first election must not be that a reserve Band is a Nation. members of the Mohawk Nation into reserve
later than, groups and perpetuates the power of Canada
(a) in the case of a First Nation whose name The rest of this is simply legal mechanics of over our people. There is a mechanism for
is added to the schedule under paragraph running a Canadian style election up five reserves to synchronize their
3(1)(a), elections but it is just a feature with no
(i) the day on which, but for the making of substantive purpose. The rules remain that
the Minister’s order, the term of office of its only status members of specific bands can
chief and councilors would have expired, or vote in their elections. There is no
(ii) if that First Nation’s council has mechanism to support traditional clans and
requested in their resolution the Chiefs or leaders
establishment of a common election date
with five or more other First Nations whose We will become lesser people by our own
councils have made a similar request, one choice if we chose this Act.
year after the earliest day on which, but for
the order, the term of office of the chief and
councillors of any one of those First Nations
would have expired;
and
(b) in the case of a First Nation whose name
is added to the schedule under paragraph
3(1)(b) or (c), six months after the day on
which the order is made.
Candidates More mechanics consistent with Canadian A reserve community is not a Nation. The
electoral law. It relies on regulations to be use of First Nations by Canada is incorrect
Eligibility developed by the reserve. and in all current policy and legislation it is
intended to define “Nations” in terms of the
9 (1) Only an elector of a participating First I will use the term reserve in this analysis reserves so normal cultural aggregations into
Nation is eligible to be nominated as a because the Canadian term First Nation is legitimate traditional “Nations” such as
candidate for the position of chief or actually being applied to a reserve and not to Mohawk, Oneida, Onondaga.
councillor of that First Nation. the actual Nation.
(2) An elector is not to be nominated as a By limiting aggregation of reserves into
candidate for the position of chief and the This arrangement does not help traditional structure’s Canada under this Act
position of councillor in the same election. communities subjected to abuse by current will continue to disrupt the recovery and
leadership who have secured their position revitalization of our identities.
Nomination with padded memberships and nepotism and
(3) An elector becomes a candidate only if paid allegiances.
(a) their nomination is moved and seconded,
in the manner prescribed by regulation, by Non-mainstream candidates could be
other electors of the First Nation; isolated by this condition of a Candidacy Fee
(b) they provide their consent to be a
candidate; and
(c) the fee imposed on them under section 11,
if any, is remitted.
Limitation
(4) An elector must not nominate more than
one candidate for each position to be filled.
Prohibition
10 A person must not, in connection with an
election, consent to be a candidate knowing
that they are not eligible to be a candidate.
Candidacy fee
11 Participating First Nations may, if
authorized to do so by regulation, impose a
fee of up to $250 on each candidate in an
election, to be refunded if the candidate
receives more than five per cent of the total
votes cast.
Council The chief and council system is the same as This condition is designed to break and
the Indian Act. It creates a hierarchical dissolve the clan and family system. It
Composition system of governance. It is a power structure prohibits traditional Haudenosaunee
7 (1) The council of a participating First and not and authority based structure governance.
Nation is to consist of one chief and, for
every 100 members of that First Nation, one The mention of Statutory Instruments Act is
councillor, but the number of councillors contradictory because elsewhere in this act
is not to be less than two or more than 12. the Minister of the Canadian Government is
(2) Despite subsection (1), the council may, given ultimate authority.
by resolution, reduce the number of
councillor positions but to not less than two.
The reduction is applicable as of the next
election that is not a by-election.
Limitation
Nomination
Limitation
(4) An elector must not nominate more than
one candidate
for each position to be filled.
Prohibition
Candidacy fee
Prohibition
Order to leave
13 (1) An electoral officer or deputy electoral
officer may order a person to leave a
nomination meeting if the person is
committing an offence under this Act that
threatens the maintenance of order at the
meeting, or if the officer believes on
reasonable grounds that the person
has done so.
Obligation
Exception
(2) An elector who is appointed as the
electoral officer in respect of an election is
not entitled to vote in that election.
Prohibition — elector
17 An elector must not, in connection with an
election,
(a) intentionally vote more than once in respect
of any given position of chief or councillor; or
(b) accept or agree to accept money, goods,
employment or other valuable consideration to
vote or refrain from voting or to vote or refrain
from voting for a particular
candidate.
Secrecy of voting
18 Voting at an election is to be conducted by
secret ballot.
Prohibition
19 An elector must not, in connection with an
election,
(a) show their ballot, when marked, to reveal the
name of the candidate for whom the elector has
voted, other than in accordance with the
regulations; or
(b) in the polling station, openly declare for
whom the elector intends to vote or has voted.
Polling Stations
Prohibition
20 A person must not, in connection with an
election,
(a) post or display in, or on the exterior
surface of, a polling station any campaign
literature or other material that promotes or
opposes the election of a particular
candidate;
(b) within hearing distance of a polling
station, orally promote or oppose the
election of a candidate;
(c) in a polling station, attempt to influence
an elector to vote or refrain from voting or to
vote or refrain from voting for a particular
candidate; or
(d) act, or incite another person to act, in a
disorderly manner with the intention of
disrupting the conduct of the vote in a
polling station.
Order to leave
21 (1) An electoral officer or deputy elector
officer may order a person to leave a polling
station if the person is committing an
offence under this Act that threatens the
maintenance of order at the polling station,
or if the officer believes on reasonable
grounds that a person has done so.
Obligation
(2) A person to whom an order is given
under subsection
(1) must obey it without delay.
Prohibition
22 A person must not, in connection with an
election, destroy, take, open or otherwise
interfere with a ballot box knowing that they
are not authorized to do so under the
regulations
Awarding of Positions First past the post Canadian style elections. Canadians have tried to change their system
Chief and councillor positions A majority vote is not necessary to get in. for decades. Why take on a system that even
Canadians don’t like
23 The chief and councillor positions of a The mechanism to break a tie is vague.
participating First Nation are awarded to the
candidates for those positions who receive
the highest number of votes.
Tied vote
24 If it is not possible to award a position
under section
23 because there are two or more candidates
with the same number of votes, the electoral
officer must conduct a draw to break the tie.
By-Elections Standard Canadian election terms.
Prohibition
26 A person must not intentionally obstruct
an electoral officer or deputy electoral officer
in the performance of their duties.
Prohibition
27 A person must not, in a manner that this
Act does not otherwise prohibit,
intentionally obstruct the conduct of
an election.
Term of Office A four year term will provide consistent This will not change the current conditions
election dates. in communities where popular or large
Term of office families control the Chief and Council
28 (1) Subject to subsection (2) and section position by voting as blocks.
29, the chief and councillors of a
participating First Nation hold office for four
years commencing at the expiry of the term
of office of the chief and councillors that they
replace.
Contestation of election
31 An elector of a participating First Nation
may, by application to a competent court,
contest the election of the chief or a
councillor of that First Nation on the
grounds that a contravention of a provision
of this Act or the regulations is likely to have
affected the result.
Time limit
Competent courts
Duties of court
Offences Infractions
38 (1) Every person is guilty of an offence
who contravenes paragraph 16(d), 17(b),
19(b) or 36(b).
(2) An electoral officer who fails to perform
their duty under section 24 or an electoral
officer or deputy electoral officer who fails to
perform any of their duties under the
regulations is guilty of an offence.
Summary conviction
(2) Every person who is guilty of an offence
under section 38 is liable on summary
conviction to a fine of not more than $1,000
or to imprisonment for a term of notmore
than three months, or to both.
Additional penalty
40 Any person who is convicted of an offence
under paragraph 37(2)(a), or any candidate
who is convicted of an offence under
paragraph 37(2)(b), in addition to any other
punishment for that offence prescribed by
this Act, is not eligible to be elected as chief
or councillor of a participating First Nation
during the five years after the date
of conviction.
Regulations The Privy Council appointed Governor in This set of regulations places the reserve into
Council can make regulations under this Act a position of accepting and acknowledging
41 The Governor in Council may make that can change the entire character of the Canadian paw as the ultimate authority on
regulations with respect to elections, Act. There is no obligation to consult with the reserve in terms of elections and election
including regulations respecting the FN and no mechanisms to complain. law. There is no provision for the FN to
(a) the appointment, powers, duties and make their own laws while under this Act.
removal of electoral officers and deputy
electoral officers;
(b) the requirement that electoral officers be
certified, the certification process and the
grounds for withdrawing certification;
(c) the manner of identifying electors of a
participating First Nation;
(d) the manner in which candidates may be
nominated;
(e) the imposition, by participating First
Nations, of a fee on each candidate in
accordance with section 11;
(f) the manner in which voting is to be
carried out, including
(i) permitting the electoral officer to
establish
polling stations and advance polling stations,
(ii) procedures for obtaining and using mail-
in ballots,
and
(iii) the counting of votes;
(g) the removal from office of a chief or
councillor of a participating First Nation by
means of a petition, including
(i) the percentage of electors of that First
Nation who must sign that petition, and
(ii) the period during which that petition is
to be filed;
(h) the holding of by-elections; and
(i) anything else that by this Act is to be
prescribed.
Removal from Schedule This is a mechanism to get out of the FNEA. This is no self-government and there is no
It requires Ministerial approval of control. The Minister has the final say
Removing a participating First Nation from replacement code the Minister will approve
the schedule before allowing removal from the schedule of
FNEA.
42 (1) If a participating First Nation’s council
has provided to the Minister a proposed
community election code and a resolution
requesting that the name of that First Nation
be removed from the schedule, the Minister
may, by order, remove the name from the
schedule if
(a) the code establishes a procedure for its
amendment;
(b) the code and the request were approved
by a majority of the votes cast in a secret vote
in which a majority of the electors of that
First Nation participated;
(c) the code has been published by that First
Nation on a website maintained by or for it
or in the First Nations Gazette; and
(d) there are no outstanding charges under
this Act against any member of that First
Nation.
Amendments Modifications
(3) Amendments to the community election
code come into force on the day on which
they are published by the First Nation on a
website maintained by or for it or in the
First Nations Gazette.
Order in council
*44 The provisions of this Act come into
force on a day or days to be fixed by order of
the Governorin Council.
* [Note: Act in force April 2, 2015, see
SI/2015-27.]