‘Segregationist Rules Of Governance’


Because of Canada’s segregationist Constitution, aboriginal Band elections are conducted under a different set of rules from all other Canadian communities… 

“A ‘First Nations’ community may conduct leadership selection under one of three possible approaches:

• Election procedures under a ‘self-government’ agreement.
{NOTE: ‘Self-government’ for aboriginal tribes was EXPLICITLY REJECTED by the Canadian people in the 1992 Charlottetown Referendum. Despite this, the government has continued expanding ‘self-government’ IN DIRECT DEFIANCE OF THE DEMOCRATIC WILL OF THE CANADIAN PEOPLE! 

Section 29: http://www.efc.ca/pages/law/cons/Constitutions/Canada/English/Proposals/CharlottetownLegalDraft.html }

“Self-government agreements are federal acts passed into law by Parliament. An agreement typically sets out the requirement for a self-governing nation to create a constitution (including a leadership selection process) that is in accordance with the agreement. An example of this approach is the Westbank ‘First Nation’ agreement, finalized in 2003.
https://www.wfn.ca/selfgovernment.htm
Alternatively, the agreement may include those specific elements itself, as was the case in the Cree Naskapi (of Quebec) Act, passed in 1991. 
http://laws-lois.justice.gc.ca/eng/acts/C-45.7/

• A custom election code.
“A community that does not have a self-government agreement may use a custom election code. The courts have defined custom as having to

“include practices generally acceptable to members of the band and upon which there is a broad consensus {“Broad consensus” is a subjective value judgement}.”

“To adopt a custom election code, a community must seek to be exempted from the election provisions of the Indian Act. To quote from the INAC website: 

“…removal from the Indian Act election provisions requires the issuing of a ministerial order in accordance with subsection 74(1) of the Act which must then be registered in accordance with the Statutory Instruments Act.”

• Indian Act and related regulations. Sections 74 through 79 inclusive, and the associated regulations, set out processes for elections.

–‘Custom leadership selection codes for First Nations’
http://fngovernance.org/resources_docs/CustomElectionCod_BackgroundTemplate.pdf
“Custom codes may modify the Indian Act system only slightly, or they may be quite elaborate, with parallel governance structures and a made-on-reserve independent appeals process, including electoral officers. Thus, an inherent strength of the custom code system is its ability to tailor laws, policies, and institutions to the ‘First Nation’, a departure from the Indian Act system that some ‘First Nations’ argue makes their governing bodies feel like an externally imposed regime. It would be a positive development if the adoption of custom government could make members of ‘First Nations’ feel that their governments reflected their own culture and values {Canadian elections are supposed to reflect CANADIAN culture and values!}.

“Custom code elections represent a form of responsible self-government that does not require the long and expensive process of reaching a complete self-government agreement and that can ultimately help communities move away from the Indian Act. Some of the governance structures that the Mississauga ‘First Nation’ has implemented provide a good example of an effective custom code (McSheffrey, 2015). The community now has an effective dispute resolutions mechanism, a system of financial oversight, and an effective land management regime that is friendly to
investors.

“Over the course of a few decades, the community developed its own written constitution and institutions, including a custom election code. The community also took control over its own land management and education system and hopes one day to have its own court system {!?!} (Quesnel, 2015). The Mississauga case demonstrates that better governance can be achieved through custom codes that develop parallel or alternative institutions {segregation}, especially if there is a written band constitution and independent appeals processes that are respected and enforced within the community.

“According to sources at Mississauga, over 30 Northern Ontario ‘First Nations’ are now drafting their own constitutions {!?! See below…} (Quesnel, 2015).

“Custom codes can go beyond the modification of electoral processes and voting rights to deal with governance problems created by the Indian Act itself. Gordon Gibson has epitomized those problems as “small governments with large powers”. Band councils have tremendous powers over the lives of members because they control services such as education, social assistance, and housing allocation {The source of reserve corruption}. Legal scholar Shin Imai argues that the Indian Act paradoxically gives chief and council too little power to make decisions, but also too much power over their own people. He points out that there are 90 provisions that give the Minister of ‘Indigenous’ Affairs powers over chief and council (Imai, 2012:1). At the same time, chief and council have too many powers and do not have clear lines of accountability under the Indian Act to their own members and citizens. Power needs to be diffused and separated to reduce its ability to do harm or to be abused.
{Simply adopting the same system and process as the rest of Canadian communities would solve this. END RACE BASED LAW…}

“Custom codes and laws can create these counterweights by legitimizing ‘Indigenous’ {The term ‘indigenous’ isn’t even legitimate} cultural institutions such as elders’ councils, custom councils, or made-on-reserve independent tribunals that review council decisions. In fact, ‘First Nation’ communities under high-performing custom systems should share their best practices with bands considering reverting to custom arrangements.”

–‘Custom Election Codes for First Nations: A Double-Edged Sword’
https://www.fraserinstitute.org/sites/default/files/custom-election-codes-for-first-nations.pdf

See also:
Is Canada Coming Unravelled?’ (Aboriginal Separatism) {May 4, 2016}:
“Most Canadians are blissfully unaware that many aboriginal leaders are attempting to create separate, independent ‘nations’ {countries} within the borders of Canada — ‘nations’ that would ignore Canadian law while still being subsidized by the Canadian people.”
https://endracebasedlaw.wordpress.com/2016/05/04/is-canada-coming-unravelled/

All Is Not Well In B.C.’ (‘Parallel Governments’ and Property Rights) {September 19, 2015}:
“The first issue is a governance question. Are British Columbians to be ruled by a government (in this case, the Sechelt ‘First Nation’…) in which we have no vote or voice? This is basic and an affront to democracy.”
https://endracebasedlaw.wordpress.com/2015/09/19/all-is-not-well-in-b-c/

Nation-to-nation? {May 31, 2016}:
“…communities are at different stages in terms of their own ‘deconstruction’ or ‘decolonizing’”,
said Wilson Raybould.”
https://endracebasedlawcanadanews.wordpress.com/2016/05/31/nation-to-nation/

The Myth of ‘Nation-to-Nation’ Dealings‘ (Peter Best) {February 3, 2015}:
“Modern Indian leaders propagate the general falsehood that the treaties their forefathers entered into with Canada were the result of “nation-to-nation” dealings, in the sense of two sovereign, independent nation-states entering into a treaty agreement and then, subject to the carrying out of the treaty obligations incurred, carrying on as before on their own sovereign, independent tracks…”
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