First Nations Citizen Code Models FINAL REPORT Prepared for the National Center for First Nations Governance Indigenous Governance and Po by xou91682

VIEWS: 64 PAGES: 87

More Info
									             First Nations Citizen Code Models

                      FINAL REPORT




Prepared for the National Center for First Nations Governance




       Indigenous Governance and Policy Development
                       Tracee Diabo
                       March 2008
                                 Table of Contents


1. Introduction      .      .      .     .      .      .      .      .    p.3

2. Research Methodology to Develop Citizenship Code Model(s):
   Approaches and Scope .       .       .     .     .      .         .    p.4

3. Theoretical Framework .         .     .      .      .      .      .    p.5

4. Key Findings      .      .      .     .      .      .      .      .    p.7

5. First Nations Rules for Citizenship   .      .      .      .      .    p.7

6. Issues Affecting First Nation Citizenship: Historical Background and
    Contemporary Issues .           .      .      .       .     .     .   p.12

7. Jurisprudence: Legal Cases      .     .      .      .      .      .    p.14

8. Guides and Resources on Citizenship .        .      .      .      .    p.16

9. Generic Citizenship Model and Key Elements .        .      .      .    p.17

11. Glossary of Terms       .      .     .      .      .      .      .    p.24

12. Appendices      .     .     .    .     .           .      .      .    p.31
      a. Stand Alone Model      .    .     .           .      .      .    p.32
      b. Modern Treaty Model .       .     .           .      .      .    p.39
      c. Indian Act Model .     .    .     .           .      .      .    p.46
      d. Land Claim and Self-Government Model          .      .      .    p.52
      e. Good Governance Principles  .     .           .      .      .    p.57

13. Fact Sheet       .      .      .     .      .      .      .      .    p.58

14. Bibliography     .      .      .     .      .      .      .      .    p.84

15. Reference List   .      .      .     .      .      .      .      .    p.86




                                                                                 2
1. Introduction:

The objective of the project report was to develop a model(s) and corresponding tools to
assist First Nations to develop their own citizenship codes.

The research methodology included a comparative analysis of twenty-nine existing First
Nations membership and citizenship codes.

In order to understand the evolution and amendments to the Indian Act the Historical
Background and Contemporary Issues are outlined. The Indian Act has been challenged
in court which is relevant to how the Act has been and may be amended therefore the
relevant case laws have also been outlined.

The key research findings focus on the commonalities, differences and uniqueness among
First Nations citizenship codes.

The corresponding tools developed include a glossary of terms and twenty six facts
sheets detailing the key elements of a citizenship code model.

In summary, four models of Citizenship Code were produced; Stand alone, a Treaty-
Indian Act, Modern Treaty and a Land Claim/Customary along with two blank templates
to assist First Nations in writing their own citizenship codes.




                                                                                           3
2. Research Methodology to Develop Citizenship Code Model(s): Approaches and
Scope

The objective of the project report was to develop a model(s) and complementary tools to
assist First Nations to develop their own citizenship codes.

The research methodology included a comparative analysis of existing First Nations
membership/citizenship codes.

To limit the scope of the research; three key questions were formulated to guide the
research;
    1. What is a membership/citizenship code?
    2. What should a code contain?
    3. What are the key elements in a code?

The project included a comparative analysis of 29 (Twenty-nine) First Nations‟
citizenship and membership codes. The purpose of the project was to produce a model(s)
that could be used as a tool to assist First Nations communities to develop and write their
own citizenship codes.

The intent of the project was not to provide a “prescription” of elements that should be in
a code nor was the purpose to compare First Nation‟s citizenship eligibility criteria. The
project‟s intent was to provide a tool that First Nations can utilize to facilitate in the
writing of their own citizenship codes. To facilitate the use of the model corresponding
facts sheets and a glossary of terminology provides an explanation of the key elements
and definitions that could be included in a code.


3. Theoretical Framework:

The implementation of effective public policy should be based on valid theory.1 The
theoretical framework for the development of the model(s) incorporated the nine
principles of good governance as described by the 1997 United Nations Development
Program.2 (See Appendix E)



The project was carried out in three phases:

Phase 1: Research

      Back ground literature and reports were consulted and reviewed to contextualize
       the historical and contemporary issues relative to citizenship codes and
       legislation. (See Bibliography)

      A key word search was generated.



                                                                                          4
      A total of 29 First Nations Codes were retrieved through key words search using a
       general search then narrowing to an advanced search via the World Wide Web,
       First Nations websites and the Department of Indian and Northern Affairs
       Canada.

      Five additional codes were retrieved including the Canadian Citizenship Act, the
       Nepal Citizenship Code and three codes from the United States but were not
       included in the comparative analysis.


Phase 2: Analysis

      The consultant reviewed the 29 codes and classified the codes into the 4
       typologies; self-government/land claim, treaty, Indian Act and Stand Alone

      The consultant developed one template containing 24 key elements to
       systematically analyze the codes

      The consultant compared the codes and noted common elements, differences and
       uniqueness

      The consultant then developed an additional three templates, reformatting and
       recategorization key elements

      The consultant then developed a matrix of the commonalties, key differences
       and uniqueness of the codes



Phase 3: Development of Key Elements and Model(s)

      The consultant developed four Key Elements documents with pull down menus
       explaining the elements of each of the four typologies

      The consultant developed two blank templates; one with key elements and one
       with a brief explanation of key elements.

      The consultant developed four models of Citizenship Codes; Stand Alone, Treaty-
       Indian Act, Modern Treaty and a Land Claim/Self-Government

Corresponding Tools Developed:

      Glossary of Terms
      26 Fact Sheets



                                                                                          5
6
4. Key Findings:

First Nations Membership versus First Nations Citizenship: Approaches to
Citizenship

Section 10 of the Indian Act provides delegated authority for First Nations to write their
own membership codes. There is no reference to citizen or citizenship codes within the
Act or the 1985 amendments. However many First Nations are writing citizenship codes
rather than membership codes to assert their right to self-determination and self-
governance.

“Citizenship” is the status of being a citizen of a state, country or community. A citizen
is a person that is legally recognized as a member of a state, country or community with
associated rights and obligation.3 Whether a First Nation uses the term membership or
citizenship is for First Nation to decide. The underlining principles of a code should
respect human rights and the values and principles of the First Nation.

In general, First Nations‟ current approaches to citizenship codes can be categorized
along a continuum of “inclusive” to “exclusive”. A code that is “inclusive” may include
eligibility criteria that encompasses indigenous concepts of customary adoption, respects
individual‟s rights, residency or portability of First Nations‟ rights4 and accepts children
who have only one parent that is a First Nation citizen. This type of citizenship provides
for a solid foundation of citizens for Nation building.

A code that is “exclusive” or restrictive often has “blood quantum” and residency
requirements as eligibility criteria for citizenship. However, such restrictive eligibility
criteria may be reflective of the new rules set out in Section 6. Section 6 (1) and 6(2)
further restricts First Nations‟ citizenship , where eventually no one will be eligible to be
a First Nation citizen.


5. First Nations Rules for Citizenship:

To standardize the comparative analysis, the codes were categorized into discrete
typologies and included codes that are representative of the regional offices that the
National First Nations Governance Center, Government Assisted Services Gas Services
(GAS) provides their services to. The typologies included Stand Alone codes, Modern
Treaty codes, Indian Act codes, Self-government codes and Customary codes.

One of the main findings is that First Nations‟ codes do not fit into such discrete
typologies. For example, a customary code may include key elements that an Indian Act
section 10 code may include yet the customary code includes distinctive customary
adoption criteria. However, even Stand Alone codes contain key elements that reflect the
rules set out in section 10 of the Indian Act.




                                                                                                7
The methodology section of this report explains how the comparative analysis evolved
from the initial drafting of templates to the systematic reorganization of key elements
and further restructuring to produce a model(s). The templates and key elements
provided a systematic approach to analyzing the commonalities, differences and
uniqueness among the First Nation codes.

In general, First Nation citizenship codes have 16 - 24 key elements and vary depending
on whether codes include or address; an oath of allegiance; penalties and offences; non-
member residency; a transition period, liability and immunity and if codes merged the
elements entitlement to and eligibility criteria for citizenship.

Most codes contain an introductory statement in the form of a “preamble” which briefly
outlines the political and philosophical principles of the First Nation as well as the
inherent right to determine their own citizenship. However not all codes contain a
preamble but may include similar statements in the purpose section of the code.

A code that contains the “purpose” element outlines the intent and reasons of the code.
This key element defines the scope of the code by stating clear objectives.

All codes contain an “authority/ jurisdiction” as a key element. The differences among
the codes are that some First Nations acknowledge the delegated authority of the Minister
of Indian Affairs and Northern Affairs Canada (INAC). Most First Nations code state
that the First Nation has the international right to self-determination and that a citizenship
code is a demonstration of governance.

All codes contain a “title” as a key element. The title usually references the First Nation
i.e., Thunderchild First Nations Citizenship Act.

The “definition” element of a citizenship code is a key element of a code. The only
difference among codes is that the definition of words or terminology is “unique” to that
First Nation.

Some codes merge “entitlement to citizenship” and “eligibility criteria to apply for
citizenship” as one element. However, these two elements should be separate because
there is quite a distinction between entitlement to citizenship and eligibility for
citizenship. Entitlement to citizenship, implies automatic entitlement, or at birth
citizenship. Entitlement to citizenship also includes those persons who were entitled to
be on the citizenship list prior to the 1985 amendments but were not included because
they lost their citizenship due to the discrimination of the Indian Act. Eligibility criteria
mean that a person must meet certain criteria in order to apply for citizenship.

“Adoption of children” is a defining key element in a code. Some First Nation codes
acknowledge customary adoption of not only children but individuals as well. Other
codes acknowledge only provincially sanctioned adoptions. Other codes acknowledge
both types of adoption.




                                                                                                8
Another unique and different factor associated with the adoption of children addresses the
issue of First Nations children who have been adopted by a non – Aboriginal person. All
codes state that children adopted by non-Aboriginal person will be eligible for
citizenship. Also most codes do not directly address the issue of children of single
parents however customary codes do.

The “Non – Aboriginal resident” key element is addressed in most codes. However the
difference is that some codes provide that a non-Aboriginal resident has the same rights
as a “citizen” of the First Nation. Some codes require a “probationary” period before a
person is accorded the status of a citizen whereas as other codes allow non- Aboriginals
to reside within the community. The “non- Aboriginal resident” element often addresses
widow(s) or divorced persons of a First Nation citizen and thus acknowledges their
“acquired rights”.

All First Nations codes contain a detailed “application process”. The application process
is a key element which explains how a person, who meets the eligibility criteria, applies
for citizenship. The commonality of all codes is that they state that people who meet the
eligibility criteria have to apply and that the onus is on the person to prove their
citizenship. However most First Nations codes describe what documentation is required
to apply for citizenship.

All codes contain a decision making body often referred to as the “Citizenship
Committee” or “Enrollment Committee”. The decision making body is the body or
committee that decides or affirms a person‟s citizenship. The key difference is that not
all codes have an independent body or committee to decide or affirm a person‟s
citizenship. That is, the decision making body is composed of the Chief and Council.

Other codes include a “conflict of interest” clause that ensures that if a member of the
Citizenship/Enrolment Committee is a family member they must refrain from
participating in the decision concerning the applicant. Some codes contain an
immunity/liability element, whereby the Citizenship Committee, Chief and Council nor
the Registrar can be held accountable for their decisions.

All codes contain a “review and appeal process”. The reason for a review process is
twofold. One it provides a review mechanism or due process to the person who has been
denied or refused citizenship. Secondly, all codes state that is the “right” of all and any
First Nation citizen to appeal a decision made by the decision making committee.

In terms of accountability, transparency and fairness, the decision making body and the
review board should be independent bodies and not be immune to liability.

Some appeal mechanisms include a two-tiered review process. That is, after an appeal
goes through the First Nations review board, the appellant can submit their review to an
independent tribunal if their citizenship is denied. Most code also states that appeal
decisions are final and binding. However, modern treaty and land claim agreements
provide for a judicial review by the provincial Supreme Court.



                                                                                           9
Other First Nations‟ codes include an appeal mechanism whereby the community
decides, by majority vote, on the applicant‟s appeal.

Some codes require the appellant to pay a fee for the appeal or pay the total cost incurred
for the appeal. Whether this constitutes a fair process is questionable.

Most codes detail the “rights and entitlements” of citizens as well as the “roles and
responsibilities” associated with citizenship. Most codes state that once citizenship is
conferred, the citizen has rights as outlined in their code or constitution. Yet other codes
state that citizenship does not confer the right to benefits.

Modern treaty codes and final land claim agreements include the rights of citizens in their
Constitutions. However treaty and land claim agreements also have a “certainty” clause
that states that citizenship does not impose any obligations on Canada or the Province to
provide rights or benefits except as set out in a Final Agreement.

First Nation codes that were written within the first two years of the 1985 Indian Act
amendments contain a key element that focuses on the “loss of membership”.
Contemporary codes, those written between 2000 and the present address this concept
under the rubric of the revocation and renunciation of citizenship.

The revocation of citizenship may occur because a person obtained their First Nation‟s
citizenship either fraudulently or was the person was not entitled to be a citizen in the
first place. Within First Nations citizenship codes, it is also apparent that “dual
citizenship” is not permissible. If a person is a citizen of a First Nation and transfers or
moves or marries another First Nation person, they must renounce or relinquish their
citizenship of their original citizenship.

Some citizenship codes address the suspension of citizenship. However, suspension is
usually associated with an act of a criminal offence. It would probably be more
appropriate to deal with suspension be within the parameters of a First Nations criminal
code or a First Nations Restorative Justice Code.

Treaty and Final Land Claim Agreements distinctively address the renouncement of
citizenship. A citizen cannot be enrolled under another Nation‟s land claim agreement or
treaty.

All codes contain a “registrar” or Enrolment Coordinator or Clerk. The register is the
person who maintains the Citizenship List and is responsible for the administration of the
application process for citizenship. Most codes stress that the key responsibilities of the
registrar is to notify potential eligible applicants and maintain the confidentiality of all
information including the First Nations citizenship list.

The “registry” is another key element in a code. The registry is the location or place
where the First Nation citizenship list is kept. Modern treaty and final land claim



                                                                                               10
settlements state that the registry will be shared with other government department such
as the province, Indian Affairs and Health Canada. All section 10 Indian Act codes are
required to send their citizenship list to INAC. (A Stand Alone code was identified as one
that did not mention sending their First Nation‟s register to INAC.)

The “General Provisions and Regulations” key element provides for the enactment of
rules and procedures for the Citizenship Committee, the administrative manual of the
code, code of ethical conduct, or an appeal and review manual to assist in the effective
administration and implementation of a code.

All codes include an “amendment process” as a key element. The amendment process is
a key element of a code which enables the code to be amended or changed in the future.
Most codes allow for transparency, that is, any citizen may propose an amendment to a
code.

The amendment process also explains how such changes will be accepted or ratified by
the First Nation‟s community.

In general, the “enactment of a code” is a key element of a First Nation‟s citizenship
code. The enactment of the code not only reaffirms First Nation‟s authority but explains
how and when the code will come into effect and that previous codes will be repealed.

It appears that most codes attempt to incorporate the principles of good governance and
human rights (aside from the current pending legal cases). Most codes are written in a
manner that reflects the nine principles of good governance and thus include the concepts
of; participation, consensus, strategic vision, responsiveness, effectiveness and efficiency,
accountability, transparency, equity and the rule of law.




                                                                                           11
6. Issues Affecting First Nation Citizenship: Historical Background and
Contemporary Issues

The relationship between First Nations and Canada is a unique relationship. The
relationship is legally defined by the Indian Act. However the relationship, through the
Department of Indian Affairs and the Indian Act legislation has created a multiplicity of
categorizations of Indian peoples… There are Indians, registered Indians, entitled status
Indian , non Status Indians, enfranchised Indians, band members, Band Membership
Indians, on reserve Indians , off reserve Indians, Bill C- 31 Indians… 6 (1) and 6(2)
Indians, treaty Indians and non-treaty Indians.

The Indian Act has been the legal instrument that has defined who is an Indian, who is a
status Indian and who is eligible for certain rights and benefits.5 The Indian Act has
undergone several amendments since its 1850 inception.

The 1850 legislation governing First Nations created the legal definition of the term
“Indian”. (Furip.2) The legislation provided the definition of Indian. An Indian included
any person of Indian birth or blood, any person belonging to a “group of Indians, and
person married to an Indian or adopted by an Indian family.6

In 1857, the concept of “enfranchisement” was introduced as another provision of the
Indian Act. Enfranchisement “allowed” an Indian to give up their legal status of being an
Indian. If a male enfranchised, his male children lost their status as well.7

With the 1869 amendments to the Indian Act, if a First Nation woman married a non-
Indian not only did she lose her status but her children were not entitled to be a registered
Indian.8

Amendments to the 1876 Indian Act eliminated matrilineal decent and defined an Indian
through patrilineal descent. Therefore an Indian was defined as “any male person of
Indian blood reputed to belong to a particular band; any child of such person; any woman
lawfully married to such a person”.9

Enfranchisement was further amended. If an Indian “chooses” enfranchisement he was
allowed to vote. However if he became a doctor, a lawyer, Christian minister or earned a
university degree, enfranchisement was not a choice.10

In 1951 Indian Affairs created a centralized register. The register was a listing of all
Indians registered under the Indian Act. The centralized register included Section 11
Indians who were considered “Status” or “registered”. Section 12 Indians were not
entitled to be registered on the central registry and therefore did not have status. „Status”
Indians were categorized as band members who had certain rights conferred under the
Indian Act. Those rights included, the right to live on reserve, vote for their chief and
council, receive band monies and own and inherit property on reserve.11




                                                                                           12
Further amendments to the 1951 Indian Act included Section 12 (1) (a) (iv) known as the
“double mother” clause. A person whose parents married on or after September 1951
and whose mother and paternal grandmother had not been “registered” as Indians before
their marriages could be registered at birth but that person lost their status and band
membership when they turned 21 years of age.12

In 1985, the Act to Amend the Indian Act, known Bill C-31, intended to eliminate the
inherent discrimination of the Indian Act. There were three major amendments with the
adoption of Bill C-31.

The first amendment addressed gender inequality. In other words, First Nations women
who lost their “Indian status” due to the provisions of the Indian Act were “reinstated” or
“allowed to register or apply for their status”. This amendment was an attempt to bring
the Indian Act in alignment with the 1982 Canadian Charter of Rights and Freedoms
gender equality.13

The second major change, under section 6 of the Indian Act, was the “two strikes and you
are out” rule. Basically, two successive generations of out marriage (intermarriage; or
marriage to a non- Aboriginal) “created” non - status grandchildren who were not entitled
to be “recognized” by Indian and Northern Affairs Canada.14

The second change also brought in another “categorization of “Indians” or registration
status. There are two categories of registration status under section 6. Section 6(1)
Indians have two Registered Indian parents; and sections 6(2) Indians have one parent
registered under section 6(1) and the other parent who is not registered. Children born of
a 6(2) parent and a 6 (1) parent are not entitled to register as a status Indian.15 Also
known as the “second generation cut off rule”, Indian status would be terminated after
two successive generations of intermarriage between Indian and non-Indians.16

Even thought the new legislation was enacted to amend gender inequality, children of
unmarried non-Indian woman and First Nation men are treated differently according to
gender under Section 6.17 (8) Female children born to a First Nation father and a non-
Indian mother between September 1951 and April 1985 is only eligible to be registered as
a 6 (2) “Indian”. However, a male child is entitled to be registered as a 6 (1) Indian
which “affects the ability of a parent to pass on their status to his or her children”.18

The third amendment to the Indian Act enabled First Nations to establish their own
“rules” for determining First Nation membership/citizenship. Under Section 10, First
Nations can enact their own membership or citizenship codes, according to the
procedures or rules set out in the Indian Act.19 First Nations had two years from the 1985
amendments to write their own codes. If a First Nation did not submit their
membership/citizenship code to the Minister of Indian Affairs within that time period,
they were required, by default, to follow the established rules of Indian Affairs.20




                                                                                         13
The new amendments rules for Indian Registration also required that those persons
entitled to register on their Band Lists/membership codes have to apply for membership
due to the fact that the Department of Indian Affairs maintains the Indian Register/Band
membership codes.21 Indian and Northern Affairs Canada purports to have no power to
make additions or deletions and no further responsibilities regarding the “band list” if the
First Nations controls its membership list.22 Nonetheless, Parliament only recognizes
delegated authority to First Nations Councils to determine their membership under the
Indian Act.23

In order for First Nations to enact their own membership/citizenship codes they must
follow three rules that are set out in the Indian Act. The first rule requires that the
majority of eligible First Nation voters approve that the First Nation take control of their
membership. The second rule requires that First Nations voters approve, by majority
rule, the membership rules and the eligibility criteria and have a review mechanism. The
third rule requires that First Nations membership/citizenship codes do not deprive any
person of previously acquired rights to membership.24

Prior to the 1985 Indian Act amendments, automatic entitlement to First Nation
membership usually conferred entitlement to Indian status.25 However, it is becoming
increasingly common because of differing eligibility criteria in First Nations‟ codes and
Section 6 regulations, a person may possess Indian status but not have band
membership.26 In other words, with Bill C-31 amendments some people have automatic
band membership while other are granted either conditional membership or no
membership at all.27

The Indian Act remains the de facto legal instrument that defines who is and who is not
an Indian. Jurisprudence cases have challenged the legality and discrimination of the
Indian Act and the 1985 amendments.


7. Jurisprudence: Legal Cases

In 1991, Courtois v. Canada addressed the rights of reinstated women and their rights
services provided by the community. The Canadian Human Rights Tribunal heard the
case of the two First Nations women who were reinstated as status Indians but not as
community members. Their children were not allowed to attend a community controlled
school because of a community moratorium to provide services to reinstated women.

The tribunal proved one of the First Nation‟s claims of entitlement to services on reserve.
The tribunal found that Indian and Northern Affairs is the supplier of education services
under the Indian Act and is therefore obligated to provide education to First Nations and
not just to community members.28




                                                                                          14
In 1994, Corbiere v. Canada addressed the rights of First Nations who resided off
reserve. The plaintiffs from Batch Ewan Firs Nation challenged Section 77(1) of the
Indian Act. Section 77 (1) requires that First Nations must be “ordinarily be a resident”
on reserve to vote in community elections.

The plaintiffs claimed that section 77(1) violated section 15(1) of the Canadian Charter
of Rights and Freedoms because it prevented the community members from having a say
in how the community/council uses monies and lands.

Although the court declared section 77(1) invalid under section 15 of the Charter, the
Federal Court of Appeal upheld the ruling of the Trial Court but changed the wording of
section 77(1) and under Corbiere, First Nations electors are not required to “ordinarily
be a resident” to vote. The right to vote in community elections now includes both
resident and non-resident members.29

In 1995, the Sawridge Band v. Canada addressed the rights of reinstated First Nations
women and the rights of First Nations Councils to determine membership. The
Sawridge, Ermineskin and Sarcee First Nations challenged section 8 to 14.3 of the Indian
Act. The First Nations argued that sections 8 to 14.3 violate the rights of First Nations to
determine their own membership, as protected by section 35 of the Constitution Act,
1982.

The Federal Court upheld the provisions of the 1985 Indian Act amendments. The court
decided that there was no existing Aboriginal treaty right to First Nations to determine
their Membership under section 35(1) of the Constitution Act, 1982. The Federal Court‟s
decision stated “that even if such rights had existed, they had been extinguished by
section 35(4) of the Constitution Act, 1982, which guarantees Aboriginal and treaty rights
referred to in section 35(1) equally to Aboriginal men and women.” 30 (The case was
appealed in 1995 and the decision has not yet been determined.)

In 1995, Goodswimmer v. Canada the Federal Court Trial Division concluded that a
person who is not an elector of a First Nation is eligible to be elected as Chief of the First
Nation. While section 75(1) of the Indian Act specifies “that only band members may be
elected as councilors, the regulations of the Indian Act do not specify any eligibility
requirements for the office of chief.”31

The latest legal challenge to the Indian Act is the exemption of Section 67 from the
application of the Canadian Charter of Human Rights and Freedoms.

In 2007, McIvor v. The Registrar, (Minister of Indian and Northern Affairs Canada) the
appellant challenged the provisions of section 6(1) and 6(2) of the 1985 Indian Act
amendments. The appellant has claimed that the provisions are discriminatory on the
basis of sex and marital status. The British Columbia Supreme Court ruled that the 1985
amendments violate equality rights guaranteed by section 15 of the Canadian Charter of
Rights and Freedoms.32 (The Federal Government has appealed the case to the BC Court
of Appeal.)



                                                                                            15
8. Guides and Resources on Citizenship:


      Building a Community Constitution: A Handbook for Anishinabek First
       Nations. Institute on Governance. 2001.

      Indian Band Membership. An Information Booklet Concerning New Indian
       Band Membership Laws and the Preparation of Indian Band Membership
       Codes. Canada. 1990.

      Indian Status and Band Membership. Chapter 9. Aboriginal Peoples and the Law in
       British Columbia Legal Services Society. 2006.




                                                                              16
           9. Generic Citizenship Model and Key Elements:



                                 Key Elements of a Citizenship Code
                                          (20 Elements)



1. Preamble


2. Purpose


3. Authority and Jurisdiction


4. Title


5. Definition


6. Citizenship Entitlement


7. Citizenship Eligibility


8. Adoption of Children


9. Non – Aboriginal Resident


10. Application Process


11. Citizenship Committee


12. Appeal and Review Process




                                                                      17
                                  Key Elements of a Citizenship Code
                                           (20 Elements)



13. Rights and Entitlements of Citizens


14. Roles and Responsibilities of Citizens


15. Revocation and Renunciation of Citizenship


16. Registrar


17. Registry


18. General Provisions and Regulations


19. Amendment Process


20. Enactment of Code




                                                                       18
                          Key Elements of a Stand Alone Citizenship Code Model
                                            (20 Key Elements)

                                               EXPLANATION

1. Preamble

   Expresses the beliefs, values, philosophy and or principles of the First Nation


2. Purpose

   States the intent or reason for the code


3. Authority and Jurisdiction

   Explains and asserts that the First Nations has the authority and jurisdiction to decide on their
    citizenship

   Explains who or what entity/committee/Council will decide or affirm the citizenship of a person


4. Title

   States the title of the code

5. Definition

   Defines ambiguous, technical, or legal words

6. Citizenship Entitlement

   Explains that individuals are citizens at birth




                                                                                              19
                          Key Elements of a Stand Alone Citizenship Code Model
                                            (20 Key Elements)

                                               EXPLANATION

7. Citizenship Eligibility

   Explains the specific criteria for the eligibility of citizenship



8. Adoption of Children

   Explains legal adoption and customary adoption and the citizenship eligibility of adopted children


9. Non – Aboriginal Resident

   Explains who and what defines a non – Aboriginal resident


10. Application Process

   Explains the application process

   Explains what documentation is required to apply


11. Citizenship Committee

   Explains who has the authority to decide or affirm a person’s citizenship

   Explains the Committee’s rules and procedures

12. Appeal Process

   Explains that a person has the right to appeal a decision concerning their citizenship

   Explains the appeal process




                                                                                             20
                         Key Elements of a Stand Alone Citizenship Code Model
                                           (20 Key Elements)

                                              EXPLANATION

13. Rights and Entitlements of Citizens

   Explains the rights and entitlements of citizenship

   May explain that citizenship does not deny or confer any entitlement to services or benefits




14. Roles and Responsibilities of Citizens

   Explains the roles and responsibilities of citizens


15. Revocation and Renunciation of Citizenship

   Explains why and how a person’s citizenship can be either revoked or renounced


16. Registrar

   The Registrar is a person

   Explains the Registrar’s duties and responsibilities


17. Registry

   Is the First Nations “Official” list of citizens

   The registry is administered and maintained by the Registrar


18. General Provisions and Regulations

   Explains the provisions and regulations that can accompany a code
        By-law on residency, administrative manual




                                                                                             21
                        Key Elements of a Stand Alone Citizenship Code Model
                                          (20 Key Elements)

                                           EXPLANATION

19. Amendment Process

   Explains that the citizenship code will be amended or changed from time to time

   Explains the process of how the code will be changed, accepted or ratified




20. Enactment of Code

   Explains when and how the code will be passed or ratified

   Explains that previous code(s) will be repealed




                                                                                      22
  11. Glossary of Terms:



                                    Glossary - Citizenship Code



“Aboriginal peoples” refers to the descendants of the original inhabitants of Canada. Aboriginal
peoples are defined in the Constitution Act, 1982 as all indigenous people including Indians, Métis
and Inuit.33

“Aboriginal rights” refers to the rights that Aboriginal Peoples hold as a result of their long-
standing prior social organization and use and occupancy of the land. For example, Aboriginal
Peoples have the right to hunt, trap and fish on their ancestral lands. Legally, the existence of
specific rights is determined on a case-by-case basis but every member of a particular Aboriginal
group need not prove the existence of a proven Aboriginal right.34

“Acquired rights or acquired status” refers to a person who gained their Indian Status due to
marrying a First Nation citizen.35

“Adoption” is the legal act of permanently placing a child with a parent or parents other than the
birth (or "biological") mother or father.36 Also see Customary adoption.

“Age of majority” refers to the legal age of a person.37

“Amendment process” refers to how the content, processes and/or regulations of a citizenship code
are changed and accepted by the community.

“Ancestry” refers to a person‟s lineage, descent, or heritage of parental lines.38

“Appeal” refers to the appeal process outlined in a citizenship code. The appeal process refers to a
citizen‟s right to request a review of their application specifically when they have been denied or
refused citizenship.

“Appeal board/appeal tribunal” refers to the body, group or committee established to review an
appellant‟s request for appeal of their citizenship.39

“Appeal tribunal” refers to the body, group or committee established to review an appeal after it
has been refused or denied by the established decision making body.40

“Automatic Citizenship/Entitlement” refers to a person‟s right to citizenship by birth and their
names entered on the First Nation‟s Citizenship List if that person was entitled, pursuant to
subsections 11 (1)(a), (c) and (d) of the Indian Act.41




                                                                                           23
                                    Glossary - Citizenship Code


“Band Council” refers to the members of a Band who have been elected as Chief and Councilors,
either pursuant to Section 74 of the Indian Act or by Band custom to govern the First Nation.42

“Band Council resolution” refers to a written decision of the Chief and Council accepted at a duly
convened meeting of the Council.43

“Band list” refers to the list or the registry of citizens enrolled as members/citizens. Also referred
to as the “Citizenship List” or “Enrolment List”.44

“Band Membership” refers to what an individual Indian has when he or she is a recognized as a
member of the band and whose name appears on an approved Band List. Where a band has
adopted its own membership code, it may define who has the right to membership in the band. A
Status Indian is not necessarily synonymous with being a band member. Status Indians who are
not band members are listed in the General List with Indian and Northern Affairs Canada.45


“Bill C-31” refers to the Canadian government‟s legislation, the Act to Amend the Indian Act,
1985. The legislation amended the Indian Act to address the discriminatory clauses against
Aboriginal women, restore status and membership rights and enable First Nations to write their
own membership criteria.46

“Blood quantum” is a general term of United States‟ legislation enacted to define membership of
Native American Indians. "Blood quantum" refers to the attempt to calculate the degree of racial
inheritance for a given individual. Refers to the “percentage” or degree of blood. Actual blood
quantum cannot in fact be determined.47

“Canadian Chart of Rights and Freedom” refers to The Canadian Charter of Rights and Freedoms
(also known as The Charter of Rights and Freedoms or the Charter) is a bill of rights enacted by
the Constitution of Canada. The Charter guarantees certain political and civil rights of people.48

“Chief and Council” refers to the Chief and Council of the First Nation that has been elected in
accordance with the procedures described in Section 74 of the Indian Act or by the First Nation‟s
customary leadership.49

“Citizen” refers to a person recorded as a Citizen on the Citizenship List in accordance to the
citizenship code and no other person, and is also described as a “member”.50

“Citizenship” is the status of being a citizen of a state, country or community. A citizen is a
person that is legally recognized as a member of a state, country or community with associated
rights and obligation.51




                                                                                             24
                                    Glossary - Citizenship Code


“Citizenship list” refers to the list of citizens of the First Nation and is usually maintained by the
“Enrolment Coordinator” or registrar who registers and maintains the Citizenship List of the First
Nation.

“Citizenship committee” refers to the decision making body, group, committee or Council that
decides or affirms a person‟s citizenship. This definition varies from code to code.

“Code of conduct” refers to an established set of rules outlining the responsibilities or rules for an
individual, organization or committee to follow.52

“Common law relationship” refers to a relationship between two persons who have lived together
but are not married by law or custom. This definition varies from code to code.

“Confidentiality” refers to ensuring that information is accessible only to those authorized to have
access to the information and usually refers to the First Nation‟s citizenship documentation.53

“Consensus /consensual decision making” refers to how a decision is made by the First Nation‟s
decision making body concerning citizenship or the appeal process. Consensus means that there is
a general agreement or acceptance of the decision among the decision making body members or
failing agreement the decision making body may make a decision by majority vote.54

“Conflict of interest” refers to the decision making process concerning a person‟s citizenship. If a
family member is on the decision making committee then that person would not take part in the
decision making concerning the family‟s member‟s citizenship.55

“Constitution” refers to a First Nation‟s constitution. A constitution is a system for governance,
often as a written document that establishes the rules and principles of an autonomous political
entity. Most constitutions also guarantee certain rights to the people.56

“Council” refers to the government of the First Nation.

“Custom/customary adoption” refers to the adoption of children or a person according to the
historical and customary practices of the First Nation.57 This definition varies from code to code.

“Decision making body” refers to the person, group, committee, and/or Council that decides or
affirms a person‟s citizenship.

“Dependant” refers to a person under the age of 18 years of age or, a person who has reached the
age of majority but cannot care for themselves and lives and is cared for by a parent or guardian.58
This definition varies from code to code.




                                                                                              25
                                     Glossary - Citizenship Code


“Descendant” refers to the direct descendant of a child through either matrilineal or patrilineal
lineage. A person that is descended from a particular ancestor.59

“Double mother clause” refers to a First Nation person born of a marriage entered into on or after
September 4, 1951, who lost entitlement to registration at the age of 21 years if his/her mother and
paternal grandmother were not recognized as First Nations before their marriage.60

“Dual Citizenship” refers to a person being a citizen of more than one First Nations.

“Due process” refers to the appeal process of a citizenship code which provides a person the
opportunity to appeal the decision of their citizenship.

“Elector” refers to a citizen who has the right to vote.

“Elder” means a First Nation citizen who is acknowledged and respected as an Elder by the First
Nation‟s citizens. This definition varies from code to code.

“Elders council” refers to the body or group of citizens established to decide on a person‟s
citizenship or to review an applicant‟s appeal. This definition varies from code to code.

“Eligibility” refers to the citizenship criteria established in a citizenship code.

“Enactment of a code” refers to the process of how a citizenship code takes effect. The enactment
of a code explains how a code is approved by the First Nation and identifies who authorities the
code.

“Enfranchisement” refers to a process by which an Indian gave up their Indian status.
Enfranchisement was abolished in the 1985 amendment to the Indian Act.61

“Entitlement” refers to the legal rights of a First Nation citizen to benefits, income and property
that may not be reduced without due process under the law.62

“Entitled/entitlement” refers to a person being entitled to be a citizen because the person was on
the First Nation‟s list prior to the 1985 amendments to the Indian Act or the person meets the
eligibility criteria.63

“Enrolled” refers to a First Nation citizen who is entitled to be a citizen according to the eligibility
and enrolment criteria of a treaty.64

“Enrollment coordinator” refers to the person responsible to maintain the First Nation‟s
Citizenship List. Also referred to as the registrar.




                                                                                               26
                                    Glossary - Citizenship Code


“Enrollment committee” refers to the body or group or Council that decides or affirms a persons‟
citizenship.

“Enrolment procedures” refers to the application process outlined in a citizenship code for a
person to apply for citizenship.

“Enrolment register” refers to the enrolment register established under the eligibility and
enrolment chapter of a treaty.65

“First Nation” refers to the term that came into common usage to replace the word "Indian".
Although the term First Nation is widely used, no legal definition of it exists. The term has also
been adopted to replace the word "Band" in the naming of communities.66

“General list” refers to the list of all persons registered as Indian in the Indian Register who are
not members of a band.67

“Indian Act” refers the Indian Act, R.S.C 1985, 1-5 as amended and its regulations as amended or
replaced from time to time.68

“Indian Status” refers to an individual's legal status as an Indian, as defined by the Indian Act.69

“Inherent right” stems from Aboriginal‟s peoples prior social organization and use and occupation
of certain lands from time immemorial. This can be contrasted with derivative rights which flow
from Crown grant or recognition.

“Initial Enrolment Committee” refers to the committee or body instituted to decide or affirm a
person‟s citizenship according to the eligibility criteria according to a treaty or final land claim
agreement.

“Initial Enrolment List” refers to the list established according to a treaty or land claim agreement.

“Indian Register” refers to the centralized record or registry of all persons registered as Indian in
Canada.70

“Judicial review” refers to a review of a person‟s application after it has been refused by the First
Nation‟s appeal process. Some citizenship codes provide a judicial review by a provincial
Supreme Court.71

“Lineage” refers to a person‟s direct descent from a First Nation ancestor.72

“Majority rule” refers to how a decision will be determined by the decision making body and
usually entails a fifty plus one vote.73



                                                                                               27
                                    Glossary - Citizenship Code


“Matrilineal descent” refers to the ancestral decent from a person‟s mother.74

“Member/Citizen” refers to a person whose name appears on the Membership /Citizenship List or
is entitled to have their name appear on the Membership/Citizenship List.

“Membership” refers to a person‟s status according to the Indian Act.75

“Non - Aboriginal resident” refers to a person who is not a citizen but has been permitted to reside
in the First‟s Nation‟s community.76 This definition varies from code to code.

“Non – member resident” refers to a person who is not a citizen but has been permitted to reside in
the First Nation‟s community.77 This definition varies from code to code.

“Non-Status Indian” refers a person who is not registered as an Indian according to the Indian
Act.78

“Oath of citizenship” refers to a person‟s allegiance or loyalty to a First Nation.79

“Obligation” refers to an act or course of action(s) to which a person is morally or legally required
to follow.80

“Participant” refers to an individual who is listed on the Enrolment Register. 81 (In reference to
Treaty and Final Land Claim Agreements).

“Patrilineal descent” refers to the ancestral decent from a person‟s father.82

“Preamble” refers to the brief statement at the beginning of a citizenship that states the principles,
values and beliefs of the First Nation.

“Privilege” refers to a special entitlement or immunity granted by an authority to a restricted
group, either by birth or on a conditional basis. A privilege can be revoked in some cases. By
contrast, a right is an inherent, irrevocable entitlement held by all citizens or all human beings
from birth.83

“Ratification process” refers to the official approval of the First Nations Citizenship code and/or
the code‟s amendments.84


“Referendum” refers to a vote by the First Nation‟s citizens to accept or not accept amendments or
changes to the code.




                                                                                              28
                                    Glossary - Citizenship Code


“Registrar” refers to the government department official who is in charge of the Indian Register
and the band list maintained by the department of Indian and Northern Affairs.85

“Registrar” refers to the person who maintains the Citizenship List of the First Nation. 86

“Regulations” refers the procedures that accompany a code and can include administrative
procedures or rules, or Council by-laws, etc. This definition varies from code to code.

“Reinstatement” refers to the confirmation of a person‟s citizenship who was previously removed
from the First Nations registry.87

“Renouncement of Citizenship” refers to the act of giving up a citizen‟s citizenship.88

“Revocation of Citizenship” refers to the act of taking away a citizen‟s citizenship.89

“Spouse” refers to a lawfully married or common law partner. The definition differs from code to
code.

“Status or Registered Indian” refers to a person who has been registered or is entitled to be
registered according to the Indian Act.90

“Treaty Indian” refers to a person affiliated with a First Nation that has signed, or whose ancestors
signed, a treaty and who now receives land rights and entitlements as outlined in the treaty.91

“Treaty Rights” refers to the special rights to lands and entitlements that Indian people legally
have as a result of treaties; rights protected under section 35 of the Constitution Act, 1982.92

“Transfer of Citizenship” refers to the process of when a person becomes a citizen of another First
Nation.

“Transition period” refers to the period of time required to complete the Initial Enrollment list. Its
also may refer to the transition period between the enactment of a citizenship code and final land
claim agreement being ratified.93

“Tribunal” refers to a body, group or committee of the First Nation established to review the
decision of a person‟s citizenship.




                                                                                              29
12. Appendices




                 30
           Appendix A



                          Key Elements of a Stand Alone Citizenship Code
                                          (24 Elements)
                                             MODEL


1. Preamble

   Expresses the beliefs, values, philosophy and, or principles of the First Nation;



2. Title

   States the title of the code;
     This Citizenship Code will be called or cited as the Stand Alone First Nations Citizenship Code



3. Purpose

 Explains the intent, reason or purpose of the code;



4. Jurisdiction and Authority

   Explains and asserts that the First Nations has the authority and jurisdiction to decide on their
    citizenship

   Explains who or what body/entity/committee/Council will decide or affirm the citizenship of a
    person

   May explain the difference between membership and citizenship;

5. Definition

   Defines technical, legal or ambiguous words;




                                                                                               31
                            Key Elements of a Stand Alone Citizenship Code
                                            (24 Elements)
                                               MODEL


6. Entitlement and Eligibility Criteria for Citizenship

   Entitlement means the right to, or the right to be entitled to citizenship because of one‟s birth; it is an
    inherent right.

   Eligibility to citizenship implies that a person has to meet certain criteria to apply to be recognized or
    enrolled as a citizen.


   Explains who has entitlement to First Nation citizenship

   Explains the specific criteria to apply for citizenship


7. Non - Member Resident

   This is a common element of a citizenship code

   Explains who and what defines a non - member resident;

   May explain certain conditions, restrictions or probation for a non – member resident;


8. Citizenship Committee

   Explains who will decide or affirm a person’s citizenship


   Explains the Committee’s composition;

   Explains whether the Committee members are appointed, elected or volunteers

   Explains the rules and procedures the Committee must follow when deciding on a person’s
    citizenship;




                                                                                                      32
                          Key Elements of a Stand Alone Citizenship Code
                                          (24 Elements)
                                             MODEL


9. Application Process for Citizenship

   Explains that a person is a citizen at birth and that they do not need to apply for citizenship

   Explains that if a person does not have automatic (at birth) citizenship then the person must
    apply for their citizenship

   Explains the application process;

   Explains what documentation is required to apply;


10. Appeal and Review Process

   Explains that a person has the right to appeal a decision concerning their citizenship

   Explains who will review the appeal;

   Explains how the appeal will be reviewed;

   Explains how the decision will be made;

   Explains how the person will be notified of the decision of the review of the appeal

   Explains on what grounds a person can make an appeal;

   Explains how many times a person can make on appeal

   May explain that a fee is required to submit an appeal

   May explain that a person can make a written or verbal presentation if a person’s citizenship is
    refused

   May state that the decision of an appeal is final and binding




                                                                                               33
                           Key Elements of a Stand Alone Citizenship Code
                                           (24 Elements)
                                              MODEL


11. Reinstatement of Citizens

   This is not an essential element of a citizenship Code

   Explains that a person is entitled to be a citizen if that person lost their status due to the
    regulations of the Indian Act

   Explains that the person must apply for citizenship



12. Adoption of Children

   Explains that a child may be adopted and whether that child will be a citizen when they reach
    the age of majority

   Explains that customary adoptions are respected and that a child will be a citizen

   Explains that only legally sanctioned adoptions will be accepted



13. Citizen’s Rights and Benefits

   Explains the rights and benefits a citizen is entitled;
        A citizen has the right to;
           Vote
           Hold a political office
           Receive education funding
           Receive housing assistance
           Be buried on the Territory




14. Privileges of Non - Member Resident


                                                                                                     34
                           Key Elements of a Stand Alone Citizenship Code
                                           (24 Elements)
                                              MODEL



   This is not an essential element of a citizenship code

   May explain that a non - member resident may have certain rights

   May state that a non-member resident does not confer benefits, rights or entitlements from
    the community

   May state that a non-member resident may have to pay certain fess for services




15. Roles and Responsibilities of a Citizen

   Explains the roles and responsibilities of a citizen;



16. Obligations of Non - Member Resident

   This is not an essential element of a citizenship code

   May explain that a non - member resident is obligated to;


17. Suspension, Revocation and Renouncement of Citizenship

   Explains the reason(s) why a person’s citizenship would be suspended or revoked;

   Explains why a person’s citizenship would be revoked or renounced;




18. Offences and Penalties



                                                                                        35
                            Key Elements of a Stand Alone Citizenship Code
                                            (24 Elements)
                                               MODEL


   This is not an essential element of a citizenship Code

   Explains what constitutes an offence and what fines that person must pay



19. Registrar

   The Registrar is a person

   The Registrar is usually the only person who records the names of the members onto the
    registry or official citizenship list

   Explains the Registrar’s duties and responsibilities.


20. Registry

   Is the First Nation’s “Official” list of citizens

   The registry is administered and maintained by the Registrar

   The Registry can be referred to as:
           First Nations Registry
           Band List
           Citizenship List
           Citizenship Registry

   Explains where the registry will be kept and who has access to it

   States whether the Registry will be sent to Indian and Northern Affairs Canada




21. Regulations




                                                                                         36
                           Key Elements of a Stand Alone Citizenship Code
                                           (24 Elements)
                                              MODEL


   This is not a essential element of a citizenship code

   Explains that the Citizenship Committee can make regulations or rules as to how they will
    decide on citizenship


22. General Provisions

   This is not a essential element of a citizenship code

   May state that the Preamble is an essential part of the code

   May state budget or funds for the implementation and administration of the code


23. Amendment Process

   Explains that the citizenship code may be amended or changed, from time to time

   Explains the process of how the code will be changed

   Explains how such changes will be accepted or ratified


24. Enactment of Code

   Explains when and how the code will be passed or ratified

   Explains that previous code(s) will be repealed




                                                                                          37
                                                Appendix B


                          Key Elements for Modern Treaty Citizenship Code
                                           (22 Elements)
                                             MODEL


1. Purpose

   States the purpose or reason(s) for the Citizenship Code;
        The purpose of this Citizenship Act is to;
             Define the criteria for citizenship,
             Continue the Enrolment Committee established under the Nisga‟a Treaty and
             Provide procedures for individuals to become enrolled as Nisga‟a participant and to become
               a Nisga‟a‟ citizen
             States that the code will respect international principles of human rights and the Canadian
               Charter of Rights and Freedoms


2. Title

   States the title of the Code;
        This Code will be cited as the Nisga’a Citizenship Act

   May also state that the code is established pursuant to the Agreement and the Nation’s
    Constitution


3. Definition


   Defines technical, legal or ambiguous words;
        “Nisga’a participant” means an individual who is enrolled in the enrollment register
        “Enrolment Committee” means the Enrolment Committee established under the Eligibility and
           Enrolment Chapter of the Nisga‟a treaty

4. Citizenship and Participant

   Explains that an individual is a Nisga’a’ citizen if that individual is a Nisga’a participant and a
    Canadian citizen or permanent resident of Canada

   Differentiates between an individual and participant because there is a different application
    process for a participant and for an individual

5. Enrolment Eligibility for Citizenship


                                                                                                38
                          Key Elements for Modern Treaty Citizenship Code
                                           (22 Elements)
                                             MODEL



   Explains the eligibility criteria for citizenship under the treaty/agreement, or the criteria for an
    individual to be enrolled as a citizen

   Eligibility criteria includes that a participant;
         Was previously enrolled under the 1986 Nisga‟a Treaty
         Is eligible to be enrolled but was not enrolled
         Is not enrolled under another land claims agreement
         Is a Nisga‟a spouse, despite divorce or death
         Is a Canadian citizen or permanent resident of Canada
         Is customarily adopted by the Nation


6. Customary Adoption

   Explains that an individual is entitled to become a Nisga’a citizen if that individual is customarily
    adopted by one of the four Traditional Nisga’a tribes in accordance with Ayuukhl Nisga’a
    (customs)


7. Citizenship Eligibility for Non-Aboriginal Individual

   Explains the eligibility criteria for a non - Aboriginal individual to become a citizen. An
    individual is eligible to enrolment if that individual;
        Usually resides in the community
        Is not enrolled under another land claims agreement
        Is or was married to a Nisga‟a participant
        Is adopted by one of the four Nisga‟a‟ tribes



8. Application Process for Non – Aboriginal Individual

   Explains that a non - Aboriginal who wish to become a citizen must;
        Apply
        Pay applicable fee
        Submit the application form to the Enrolment Committee

9. Citizenship Enrolment Committee



                                                                                                  39
                          Key Elements for Modern Treaty Citizenship Code
                                           (22 Elements)
                                             MODEL


   Explains who will decide or affirm a person’s citizenship
        The decision can be made by one person, a committee, Council, Council of Elders, the
          community, etc., but the decision is usually made by a committee of at least three people

   Explains the Enrolment Committee’s composition;
        The Committee will be composed of eight Nisga‟a citizens:
               Two citizens from the four Families.

   Explains whether the Enrolment Committee members are appointed, elected or voluntary

   Explains the rules and procedures the Enrolment Committee must follow when deciding on a
    person’s citizenship;
        The Committee‟s decision concerning a person‟s citizenship will be fair, based on facts and
          determined by;
                Consensus of the Committee, or
                Majority rule of the Committee, or
                Secret ballot, or
                Community vote

        Quorum of the Committee is required in order for a decision to be valid or recognized
         concerning a person‟s eligibility for citizenship

   Explains that there is an Initial Enrolment Committee because there is an initial enrolment period

   Explains that after the initial enrolment period the Enrolment Committee will be dissolved

   Explains that the Enrolment Committee will conditionally enroll a participant who is enrolled
    under another land claims agreement

   Explains that the applicant has the burden of proof to provide the Enrolment Committee with
    documentation that meets the eligibility criteria




10. Rights of Citizens

   Explains the rights of citizen’s;


                                                                                                 40
                           Key Elements for Modern Treaty Citizenship Code
                                            (22 Elements)
                                              MODEL


        To apply for enrollment
        To appeal a decision of the Enrolment Committee
        To seek Judicial review of the Enrolment Appeal Board to the Supreme Court of British
         Columbia

   Explains that enrolment under the treaty/agreement does not;
           Confer or deny rights of entry into Canada, Canadian citizenship, the right to be a registered
              Indian as an Indian under the Indian Act, or any of the rights or benefits under the Indian Act
              except as set out in this Agreement or in any federal or provincial law; impose any
              obligation on Canada or British Columbia to provide right or benefits



11. Renunciation of Citizenship

   Explains that a participant or individual having the legal authority to manage the affairs of a
    Nisga’a participant may apply to have the participant’s name removed from the enrolment
    register

   Explains that a citizen must renounce their citizenship if they are enrolled under another land
    claims agreement


12. Revocation of Citizenship

   Explains that a participant’s citizenship will be revoked if the individual obtained it fraudulently
    or is not entitled to be enrolled

   Explains that an individual who is not a citizens will be removed from the Enrolment Register


13. Reinstatement of Citizenship

   Explains that if citizenship was revoked mistakenly, the citizen will be reinstated and their name
    will be added to the Enrolment Register

14. Appeal Process

   Explains that all decisions made by the Enrolment Committee are final and binding however the
    Enrolment Committee will change the decision if new information is submitted or if the decision


                                                                                                  41
                         Key Elements for Modern Treaty Citizenship Code
                                          (22 Elements)
                                            MODEL


    was made in error

   Explains that if the Enrolment Committee does not make a decision within a certain amount of
    time the application will be refused


15. Enrolment Appeal Board

   Explains that an applicant, the BC government, Canada or the Village can appeal to the
    Enrolment Appeal Board

   Explains the roles and responsibilities of the Enrolment Appeal Board. The roles and
    responsibilities include;
           Establishing procedures, rules and time limits
           Determining the appeal
           Conducting hearings
           Providing written reason

   Explains the composition of the Enrolment Appeal Board;
           The Nisga’a Nation and Canada will establish the Enrolment Appeal board consisting
              of three members
           The Nisga’a’ Nation and Canada will each appoint one member and will together
              appoint a chairperson

   Explains that all decisions by the Enrolment Appeal Board are final and binding (subject to
    paragraph 26 to 29of the Agreement)




16. Judicial Review

   Explains that an applicant, the BC government, Canada or the Village can apply to the to
    Supreme Court of British Columbia to review a decision on the grounds that the Enrolment
    Appeal Board;


                                                                                             42
                            Key Elements for Modern Treaty Citizenship Code
                                             (22 Elements)
                                               MODEL


                  Acted without jurisdiction,
                  Acted beyond jurisdiction
                  Refused to exercise its jurisdiction
                  Failed to follow procedural fairness
                  Erred in law
                  Based its decision on erroneous facts

   Explains that the Supreme Court may either dismiss the application or refer the appeal back to
    the Enrolment Appeal Board:
               The Enrolment Appeal Board will be required to decide on the appeal in accordance with
                  the directions that the Court considers appropriate




17. Enrolment Register

   Is the official list of the Nations’ citizens

   States that the Enrolment Committee it will provide a copy of the enrolment register to Canada
    and British Columbia


18. Offences and Penalties

   Explains that if an individual commits an offence, the individual will be punished under the
    Nisga’a Offence Act

   Offences include;
           False representation,
           Fraud,
           Concealing material facts,
           Assisting another individual to become a citizen under false pretenses

19. Transitional Period

   This is not an essential element in a Code

   Explains that the Enrolment Committee established will remain until 30 days after the first
    election within the meaning of Schedule 2 of the Nisga’a Constitution


                                                                                            43
                           Key Elements for Modern Treaty Citizenship Code
                                            (22 Elements)
                                              MODEL




20. Regulations

   This is a common element in a code

   Regulations includes other documents that will govern/guide the administration and
    implementation of the code;
           Administrative Decision Review Act
           Nisga’a Offence Act


21. Citizenship Oath

   This is not an essential element of a citizenship code

   Citizen takes an Oath of Citizenship
         Citizen swears or affirms their loyalty to the Nation


22. Ratification Process

   Explains that the code will be enacted or come into effect when the Final Agreement is ratified by
    all Parties




                                                                                             44
                                                 Appendix C



                             Key Elements of a Indian Act Citizenship Code
                                             (16 Elements)
                                               MODEL


1. Title

    States the title of the code;
      This Citizenship Code will be called or cited as the First Nations Indian Act Citizenship Code


2. Preamble

    Expresses the beliefs, values, philosophy and or principles of the First Nation;
         States that First Nations has the inherent right to determine their own citizenship/membership
         States that the Creator gave the First Nation the right to self-determination and the right
         States that the code is based on collective rights and respects fundamental human rights of all
           individuals
         States that the code will respect international principles of human rights and the Canadian
           Charter of Rights and Freedoms


3.   Authority

    States that the First Nation has the inherent right to decide their own citizenship

    Explains who or what entity/committee/Council will decide or affirm the citizenship of a person


4. Definition

    This is an essential element of a code

    Defines technical, legal or ambiguous words;
         “Custom Adoption” means an adoption according to the historical and customary practices of
            the First Nation
         “Chief and Council” means the Executive Council




5. Entitlement to be a Citizen


                                                                                                 45
                            Key Elements of a Indian Act Citizenship Code
                                            (16 Elements)
                                              MODEL



   Explains the eligibility criteria to be a citizen of the First Nation
        Original members entered on the Band List
        On previous Indian Act registry list
        Descendants of both parents of the First Nation
        Degree of First Nation‟s ancestry based on 50 % Blood Quantum
        Knowledge of culture and customs of the First Nation
        Ties to the community


6. Application Process

   Explains that if a person does not have automatic citizenship the person must apply for citizenship

   Explains the application process;
        A person (the applicant) must submit an application form to the Registrar

   Explains what documentation is required to apply;
        An applicant must submit an application form and copies of their Status Card, birth certificate,
          genealogy


7. Customary Adoption

   Explains that the First Nation respects customary adoption and entitles a person to citizenship


8. Renouncement of Citizenship

   This is a common element of a code

   Explains that a citizen cannot have dual First Nation citizenship and must renounce or give up
    their citizenship with the other First Nation




9. Non - Member Resident



                                                                                                46
                            Key Elements of a Indian Act Citizenship Code
                                            (16 Elements)
                                              MODEL


   Explains who and what defines a non - member resident;
           Persons who were never citizens of the First Nation
           Persons who are married and living with a citizen
           Persons who are widowed and still reside in the community

   May explain certain conditions, restrictions or probation for a non-member resident;
           Person may live in the community
           Person may or may not receive services or benefits


10. Decision Making Authority

   Explains who has the authority to decide whether a person is entitled to be a citizen;
        The decision can be made by one person, a committee, Council, Council of Elders, the
          community, etc., but the decision is usually made by a committee of at least three people

   Explains the Committee’s composition and whether they are appointed or elected;
        The Committee will be composed of one Elder and two citizens
        The Committee will be composed of one Councilor/Chief, two citizens (male and female) and a
          youth

   Explains the Committee’s rules and procedures concerning the decision of a person’s citizenship;
        The Committee‟s decision on a person‟s citizenship will be fair, based on facts and determined
          by;
               Consensus,
               Majority rule,
               Secret ballot,
               Community vote
        Quorum of the Committee is required in order for a decision to be valid or recognized
          concerning a person‟s eligibility




11. Appeal and Review Process



                                                                                                47
                              Key Elements of a Indian Act Citizenship Code
                                              (16 Elements)
                                                MODEL


   Explains that a person has the right to appeal a decision concerning their citizenship

   Explains how the appeal process functions

   Explains who can make an appeal

   Explains who will review the appeal;
        Council of Elders, or
        Citizenship Review Council, or
        Tribunal, or
        Appeal Board
        Community Review

   Explains how the decision will be made;
        By consensus,
        By majority rule,
        By secret ballot,
        By the community

   Explains how many times a person can make on appeal

   Explains on what grounds a person can make an appeal

   May explain that a person can make a written or verbal presentation if a person’s application is
    refused

   May state that an appeal is final and binding




12. Membership List

   Is the First Nations list of citizens


                                                                                             48
                            Key Elements of a Indian Act Citizenship Code
                                            (16 Elements)
                                              MODEL



   The list can be referred to as the Registry;
            First Nations Registry
            Band List
            Band Membership List
            Citizenship Registry

   Explains where the list will be kept and who has access to it

   States whether the Registry will be sent to Indian and Northern Affairs



13. Conditions of Citizenship

   States that citizenship within the First Nation neither confers or denies entitlements and benefits

   May explain certain conditions or restrictions concerning a citizenship’s rights;

        May state that if a citizen does meet eligibility criteria they will be removed from the registry
        Spouse – of another First Nation may become a citizen however they must renounce their
         citizenship
        Must have knowledge of the First Nations‟ culture and customs

   May explain that dual citizenship is not permitted and that a citizen must renounce their
    citizenship if they transfer to another First Nation

   Explains that if a citizen obtained their citizenship fraudulently they will be removed from the
    citizenship list




14. Regulations

   This is not an essential element of a code



                                                                                                 49
                            Key Elements of a Indian Act Citizenship Code
                                            (16 Elements)
                                              MODEL


   Explains that regulations or procedures can be enacted and carried out by Chief and Council if
    required;
            By – laws for residency

   May explain if Chief and Council has discretionary powers


15. Amendment Process

   Explains how the code will be passed or ratified
        The amendments will be voted on by a majority of eligible voters at a General Assembly, a
          community meeting or by the Citizenship Committee or Chief and Council


16. Enactment Process

   Explains when and how the Code shall come into force and effect
        The rules and provisions of this Code shall come into effect on the day in which the Council
          gives notice to the Minister pursuant to Section 10 (6) of Indian Act

   Explains that previous Codes will be repealed and null and void




                                                                                              50
                                               Appendix D



                          Key Elements for Land Claim and Self – Government
                                           Citizenship Code
                                            (15 Elements)
                                               MODEL


1. Preamble

   Expresses the beliefs, values, philosophy and or principles of the First Nation;
        States that First Nations has the inherent right to determine their own citizenship/membership
        States that the Creator gave the First Nation the right to self-determination and the right
        States that the code is based on collective rights and respects fundamental human rights of all
          individuals
        States that the code will respect international principles of human rights and the Canadian Charter
          of Rights and Freedoms

   We the Ta’anKwach’an Citizens vision to preserve, and maintain the balance and harmony of our
    Territory

   This Code is accompanied by the Ta’anKwach’an Constitution


2. Purpose

 Explains the intent, reason or purpose or objectives of the code;
       This Code is intended to outline the eligibility criteria and procedures to:
          Identify persons who are citizens at birth
          Determine citizenship of persons who are entitled to apply for citizenship
          Determine citizen‟s rights, entitlements and benefits
          Outline the rules and procedures
          Identify persons who are entitled to be enrolled under the land claim agreement


3. Title

   States the title of the code;
        This Citizenship Code will be called or cited as the Ta’an Kwach’an Land Claim Citizenship
            Code




                                                                                               51
                             Key Elements for Land Claim and Self – Government
                                              Citizenship Code
                                               (15 Elements)
                                                  MODEL


4. Definition

   Defines technical, legal or ambiguous words;
        “Enrolment Coordinator” means the officer designated by the Council to maintain the
           Citizenship List
        “Custom Adoption” means an adoption according to the historical and customary practices of the
           First Nation


5. Citizenship Eligibility

   Explains the specific criteria for citizenship. A person is eligible provided that person;
        Is enrolled or eligible to be enrolled as a Ta‟an Kwach‟an Person pursuant to the Final Agreement
        Has Ta‟an Kwach‟an ancestry
        Is sponsored by a citizen
        Is adopted by a Traditional family

   Explains that a person is entitled to be enrolled on the Citizenship List if they met the criteria


6. Customary Adoption

   States that the code provides for customary adoption of a person who is not a citizen to be adopted
    by a Traditional Family and become a citizen

   Explains that a person who does not have Ta’an Kwach’an ancestry may become a citizen


7. Rights of Citizens

   Explains the rights associated with citizenship
           Explains that basic individual rights will be guaranteed and promoted
           Explains that every citizen has the right to appeal a decision
           Explains that a citizen has the right to propose an amendment to the code
           Explains that any citizen can challenge the validity and content of the code


8. Loss of Citizenship


                                                                                                52
                          Key Elements for Land Claim and Self – Government
                                           Citizenship Code
                                            (15 Elements)
                                               MODEL



   Explains how a person ceases to be a citizen of the First Nation
   Explains the reasons why a person’s name would be removed from the Registrar
        A citizen renounces or gives up their citizenship
        A person becomes a citizen of another First Nation
        A person obtained their citizenship fraudulently

   Explains that a person does not lose their citizenship if they are adopted by a person who is not a
    citizen


9. Application Process

   Explains that a person is a citizen at birth and that they do not need to apply for citizenship

   Explains that if a person does not have automatic (at birth) citizenship the person must apply for
    citizenship

   Explains the application process;
        A person (the applicant) must submit an application form to the Registrar

   Explains what documentation is required to apply;
        An applicant must submit an application form and copies of their Status Card, birth certificate,
          genealogy




10. Citizenship Committee



                                                                                                53
                           Key Elements for Land Claim and Self – Government
                                            Citizenship Code
                                             (15 Elements)
                                                MODEL


   Explains who has the authority to decide whether a person is entitled to be a citizen;
        The decision can be made by one person, a committee, Council, Council of Elders, the
          community, etc., but the decision is usually made by a committee of at least three people

   Explains the Committee’s rules and procedures concerning the decision of a person’s citizenship;
        The Committee‟s decision will be fair, based on facts and determined by;
               Consensus,
               Majority rule,
               Secret ballot,
               Community vote


11. Judicial Committee

   Explains that a person has the right to appeal a decision concerning their citizenship

   Explains the appeal and review process

   Explains who will review the appeal

   States that a decision is final


12. Registrar
 The Registrar is a person;
       Can be referred to as the Enrolment Coordinator

   The Registrar is usually the only person who records the names of the members onto the registry or
    official Citizenship List

   Explains the Registrar’s duties and responsibilities;
            Adds or deletes name of persons
            Makes available the list to view
            Makes decision‟s concerning applications
            Notifies applicants
13. Transition Period

   Final agreements often have a transition period from the provisions of the Indian Act no longer


                                                                                                54
                           Key Elements for Land Claim and Self – Government
                                            Citizenship Code
                                             (15 Elements)
                                                MODEL


    being applicable and the enactment of the Final Agreement



14. Amendment Process

   Explains that the citizenship code will be amended or changed from time to time

   Explains the process of how the code will be changed
        An amendment to the present code may be proposed by a citizen or the Council

   Explains how such changes will be accepted or ratified
        The amendments will be voted on at a General Assembly, a community meeting or by the
          Decision Making Committee


15. Amendment Process

   Explains how the code will be changed or amended [in their constitution]


17. Ratification of Code

   Explains that the code will be ratified when the Final Agreement is signed by all Parties

   Explains when and how the Code will be passed or ratified
               This Code will come into effect on January 2008

   Explains that previous Codes will be repealed




                                                                                                55
                                              Appendix E


                     United Nations Principles of Good Governance Principles


1. Participation – All men and women should have a voice in decision-making, either directly or through
legitimate intermediate institutions that represents their intention. Such participation is built on freedom of
association and speech, as well as capacities to participate constructively.

2. Consensus – Good governance mediates differing interests to reach a consensus or a general
agreement on what is in the best interest of the group and, where possible, on policies and procedures.

3. Strategic Vision – Leaders and the public have a long-term perspective on good governance and human
development, along with a sense of what is needed for such development. There is also an understanding
of the historical, cultural and social complexities in which that perspective is based on.

4. Responsiveness – Institutions and processes attempt to serve all stakeholders and citizens.

5. Effectiveness and Efficiency – Processes and institutions produce results that meet the community‟s
needs while making the best use of the community‟s resources.

6. Accountability – Decision-makers in government/council and community and public organizations are
accountable to the community as well as to institutional stakeholders. This accountability differs depending
on the organizations and whether the decision is internal or external.

7. Transparency – Transparency is built on the free flow of information. Processes, institutions and
information are directly accessible to those concerned with them and enough information is provided to
understand and monitor them.

8. Equity – All men and women have opportunities to improve or maintain their well-being and the
wellbeing of the community.

9. Rule of Law – Legal frameworks should be fair and enforced impartially, particularly the laws on
human rights.

  As adapted from Aboriginal Governance in the Decade Ahead: Towards a New Agenda for Change, John
  Graham and Jake Wilson. Institute for Governance, 2004.




                                                                                                      56
          13. Fact Sheets:




                                             Citizenship Code
                                           Fact Sheet - Preamble




   A preamble is a short preliminary statement or comment primarily an explanatory introduction to a
    formal document, law or code.

   The purpose of the preamble is an introductory to the citizenship code and expresses the beliefs, values,
    philosophy and/or principles of the First Nation.

   This section of the citizenship code may contain statements which explain the First Nation‟s political
    and philosophical beliefs, Aboriginal rights, as well as human rights. Examples of preamble statements
    include;
            A statement expressing that the First Nation has the inherent right to determine their own
               citizenship
            A statement expressing that the Creator gave the First Nation the right to self-determinations
            A statement expressing that the code is based on collective rights and respects fundamental
               human rights of all individuals
            A statement expressing that the code will respect international principles of human rights
               and the Canadian Charter of Rights and Freedoms

   Most codes include a preamble affirming inherent right, self-determination, the protection of culture and
    customs and the principles of good governance.

   Although this is not a key element of a code, it is important to include a preamble in a code because the
    code itself does not explicitly express or include a section of the rights of neither self-determination nor
    indigenous human rights.

   Some First Nation codes state that the Canadian Charter of Rights and Freedoms will apply to their
    citizenship code. In general, modern treaties, such as the Nisga‟a Final Agreement and self-government
    agreements include the application of the Canadian Charter to both their citizenship acts and
    constitutions.




                                                                                                    57
                                              Citizenship Code
                                              Fact Sheet - Title




   A title of a citizenship code, in this case, may express the legality of the document.

   The purpose of this element of the citizenship code is to describe or name the document.

   This section of the citizenship code states the title of the code and is usually one line. For example;
            This Citizenship Code will be called or cited as the Stand Alone First Nations Citizenship
               Code
            This Code will be called or cited as First Nations Citizenship Act

   This is a key element of a code and should make reference to the First Nation.




                                                                                                58
                                             Citizenship Code
                                            Fact Sheet – Purpose




   The purpose element explains the intent or reason(s) purpose for the citizenship code.

   This section of the citizenship code should explain why the code is being enacted, adopted or accepted.
    For example;
        This citizenship Code is intended to provide the eligibility criteria and procedures to:
            Identify persons who are citizens at birth.
            Determine citizenship of persons who are entitled or eligible to apply for citizenship.
            Determine citizen‟s rights, benefits and responsibilities.

   This section of the code should in clear terms or objectives the intent and reasons for the code.

   This is a key element of a citizenship code and in terms of public policy; the objectives should be
    clearly defined.




                                                                                                    59
                                             Citizenship Code
                                  Fact Sheet - Jurisdiction and Authority




   Jurisdiction is defined as the, right and power or authority to interpret and apply the law.

   Authority is defined as the power to enforce rules or give orders.

   The purpose of this section of the citizenship code is to define who has the authority and jurisdiction to
    write, interpret and enforce the citizenship code.

   This section of the citizenship code explains and asserts that the First Nations has the authority and
    jurisdiction to decide on their citizenship. For example;
             The Chief and Council have the authority to decide on a person‟s citizenship.
             Section 11 of the Indian Act delegates authority to First Nations to write and enforce their
                own Membership/Citizenship codes.

   This section of the code explains who or what entity/body /committee/Council will decide or affirm the
    citizenship of a person.

   This section of the code may explain the difference between membership and citizenship, or
    differentiate between the meaning of a member and a citizen of the First Nation. For example;
             Membership refers to the list of members having status within the meaning of the Indian
                Act; Citizenship refers to a citizen of the First Nation and has decides on who is a citizen

   In the jurisdiction and authority section of some First Nation codes, a clause may include that the
    preamble is an integral part of the citizenship code.

   This is a key element of a citizenship code and should be included. It is a means of expressing self -
    determination and the right of First Nations to determine their own citizenship codes.




                                                                                                   60
                                            Citizenship Code
                                          Fact Sheet – Definition




   The definition element of a citizenship code provides the definitions or meanings of words or concepts
    in the code.

   The purpose of this element of the citizenship code is to define technical, legal or ambiguous words or
    terms that are unique to the First Nation. Examples of definitions include;
            “Custom Adoption” means an adoption according to the historical and customary practices
                of the First Nation
            “Adoption” means provincially sanctioned
            “Regulations” means the Regulations enacted pursuant to this Citizenship Code
            “Family” means one of the Four Traditional Families of the Traditional House

   This is a key element of a code and should be included to clarify the meaning of words to prevent
    ambiguity and to prevent misinterpretations.

   In general, the more definitions a code defines provides for clarity and the mutual understanding of
    words.




                                                                                                  61
                                           Citizenship Code
                    Fact Sheet – Entitlement and Eligibility Criteria for Citizenship




   The Entitlement and Eligibility Criteria for Citizenship is one of the most important elements of a
    citizenship code.

   Entitlement means the right to, or the right to be entitled to citizenship because of one‟s birth; it is an
    inherent right.

   Eligibility to citizenship implies that a person has to meet certain criteria to apply to be recognized or
    enrolled as a citizen.

   The purpose of this section of the citizenship code is to explain the difference between entitlement to
    citizenship and the eligibility to apply for citizenship.

   This section of the citizenship code should explain that entitlement means inherent (at birth) First
    Nation citizenship whereas as eligibility means that the person or applicant must apply to the
    Citizenship Committee for citizenship.

   This section of the code should explain who is a citizen at birth, or who has inherent citizenship and
    who has to apply for their citizenship.

   This section should specify who has entitlement to First Nation citizenship. For example;
                Persons who were at birth a First Nation citizen
                Person who was entitled to be on previous First Nations list prior to the 1985 Indian Act
                   amendments




                                                                                                      62
                                            Citizenship Code
                     Fact Sheet – Entitlement and Eligibility Criteria for Citizenship




   This section of the code should address the inequities of the Indian Act. This section outlines the
    Eligibility Criteria to apply for citizenship. Examples of eligibility criteria include (not exhaustive);

                  Person whose parents were citizens
                  Person of ancestral descent
                  Person adopted by the First Nation
                  Person who was disenfranchised
                  Person who lost their citizenship due to the regulations of the Indian Act
                  Person who self-identifies
                  Person who is a beneficiary of a treaty or self-government agreement
                  Person who is Aboriginal
                  Person who is Aboriginal and Canadian
                  Ties to the community
                  Person adopted by the First Nation

   This section of the citizenship code should explain how or who decided on the eligibility criteria. For
    example;
                The eligibility rules were drafted by a community committee on citizenship.
                The eligibility criteria has been determined and sanctioned by Chief and Council
                The eligibility criteria follow the rules of the Indian Act.

   This section of the code should state who, what body, or committee will decide on a person‟s
    citizenship.

   This is a key element of a citizenship code and should be included for the reason that it addresses the
    discriminatory legislation of the Indian Act.




                                                                                                      63
                                            Citizenship Code
                                 Fact Sheet - Non – Aboriginal Resident




   A Non-Aboriginal resident is a person who is not a citizen of the First Nation.

   The purpose of this section of the citizenship code is to identify individuals who are non - Aboriginal
    resident (or not a citizen of the First Nation) and should explain what rights, benefits and
    responsibilities that individual.

   This section of the citizenship code should explain the criteria that define a non – Aboriginal resident.
    For example, a non – Aboriginal resident is an individual;
            Who was were never citizens of the First Nation.
            Who was married and living with a citizen.
            Who was widowed and still reside in the community.
            Who has ties to the community.
            Who was adopted by the First Nation.

   This section of the code should specify if there are certain conditions or restrictions for a non –
    Aboriginal resident. For example, conditions or restrictions may specify include;
            Person may live in the community but not own a house
            Person may or may not receive services or benefits
            Person may not be entitled to vote or hold political office
            Person must live in the community for a probationary period of a certain amount of years

   This is a common element of a citizenship code but not all codes include non-Aboriginal resident‟s
    clauses.

   This is not a key element of a citizenship code. However, the importance of this section is to respect a
    person‟s integrity.




                                                                                                    64
                                            Citizenship Code
                                    Fact Sheet - Citizenship Committee




   The Citizenship Committee element is a key element of a citizenship code.

   The purpose of this element of the citizenship code is to explain who has the authority to decide, rule or
    affirm a person‟s citizenship and explain how that decision was decided.

   This section of the citizenship code should explain who, what body or committee will decide who is a
    citizen. For example, the Citizenship Committee will be a community committee, Council, Council of
    Elders, the community, etc.

   This section of the code should explain that a person‟s citizenship is decided or affirmed made by an
    independent body of more then one person such as the Citizenship Committee and is legitimately
    appointed or elected by either the Chief and Council or the community.

   This section of the code should outline the Citizenship Committee‟s composition. For example;
            The Citizenship Committee will be composed of one Elder and two citizens.
            The Citizenship Committee will be composed of one Councilor/Chief, two citizens (male
               and female) and a youth.

   This section of the code should explain whether the Citizenship Committee‟s members are appointed,
    elected or volunteers.

   This section of the code should outline the roles and responsibilities of the Citizenship Committee; For
    example, the role and the responsibilities of the Citizenship Committee is to;
            Review applications.
            Decide a person‟s citizenship.
            Review appeals.
            Declare a conflict of interest.




                                                                                                    65
                                           Citizenship Code
                                   Fact Sheet - Citizenship Committee




   This section of the code should explain the rules and procedures the Citizenship Committee will follow
    when deciding on a person‟s citizenship. For example, the code should state;

            The Citizenship Committee‟s decision concerning a person‟s citizenship will be fair, based
             on facts and determined by;
              A decision will made by consensus of the Committee, or
              A decision will be made majority rule of the Committee, or
              A decision will be made by secret ballot, or
              A decision will be made by a community vote

            The Citizenship Committee is required to obtain quorum in order for a decision to be valid or
             recognized concerning a person‟s eligibility for citizenship.

            The Citizenship Committee will sign a Code of Ethics or an Oath of Ethical Conduct.

   This section of the code should explain the reasons why a committee member should be removed from
    their position. Examples for the removal of a committee member could include;
             Breaching the Oath of Ethical of Conduct
             Not being able to fulfill their role and responsibilities

   Some Citizenship Committees include Chief and Council; however, in terms of transparency the
    decision making body should be an independent impartial non-political body.




                                                                                                66
                                               Citizenship Code
                                        Fact Sheet - Application Process




   The Application Process is a very important key element of a code.

   The purpose of this section of the citizenship code is threefold:
            First, it should state that a person who meets the eligibility requirements has the right to
              apply for citizenship.
            Secondly that the onus is on the applicant to prove their citizenship.
            Thirdly, it should clearly outline how an applicant applies for citizenship within the First
              Nation.

   This section of the citizenship code should explain that a person is a citizen at birth (sometimes referred
    to as automatic citizenship) and that they do not need to apply for citizenship.

   This section of the code should state that a person is entitled to be a citizen if that person lost their status
    due to the regulations of the Indian Act.

   This section of the code should state that if a person does not have inherent (at birth) citizenship then the
    person must apply for their citizenship.

   This section of the code should outline in detail the steps required in the application process. For
    example;
            The applicant must submit an application form to the Registrar.
            The applicant must attach copies of the proper documentation to the Registrar or to the
               Citizenship Committee.
            The applicant must submit their application within two years of the enactment of this code.

   This section of the code should describe what documentation should be submitted with the application.
    For example;
            An applicant must submit an application form and copies of their Status Card, birth
               certificate, and genealogy

   This section of the code should describe the timeframe or how long the Citizenship Committee will take
    to decide or affirm a person‟s citizenship.

   This section of the code should explain how the Citizenship Committee will notify the applicant of their decision.

   This section of the code should explain that a parent or guardian must apply for a child or a dependent person‟s
    citizenship.




                                                                                                           67
                                            Citizenship Code
                                 Fact Sheet - Appeal and Review Process




   The Appeal and Review Process is a key element of a citizenship code in terms of good governance
    for it allows for fairness, transparency and accountability.

   The purpose of the Appeal and Review Process element in a citizenship code is to provide an applicant
    with an avenue of recourse or due process if their citizenship application is denied by the Citizenship
    Committee.

   This section of the citizenship code should explain that a person has the right to appeal a decision
    concerning their citizenship.

   This section of the code may state that any citizen of the First Nation can appeal the Citizenship
    Committee‟s decision.

   This section of the code should explain how a person requests an appeal. For example;
            A person, or any citizen, must submit in written a request for an appeal and review to the
               Appeal Review Board

   This section of the code should explain on what grounds a person can make an appeal. For example;
            The appeal must cite what section of the code has not been respected
            The appeal can be reviewed if new facts or information are submitted
            An appeal can be made if the Citizenship was not fair in their deliberation of a person‟s
               application.

   This section of the code should explain who or what body will review an applicant‟s appeal. Examples
    of a review committee include;
            Council of Elders, or
            Citizenship Review Council, or
            Elder‟s Tribunal, or
            Appeal Review Board, or
            Review Tribunal, or
            Community Review




                                                                                                    68
                                            Citizenship Code
                                 Fact Sheet - Appeal and Review Process




   This section of the code should explains how the appeal will be reviewed;
            A general statement should include that the Appeal Review Board follow the rules and
               procedures outlined within the code.

   This section of the code should explain how the Appeal Review Board will make their decision. For
    example, the Appeal Board will make a decision by;
            By consensus, or
            By majority rule, or
            By secret ballot, or
            By the community

   This section of the code should explain how and when the person will be notified of the decision of the
    review of the appeal.

   This section of the code should describe how many times a person can make on appeal.

   This section of the code should state if the person making the appeal is required to pay a fee in order to
    submit an appeal.
            Most codes do not include a fee but some code‟s fee for appeal ranges from $500 - $1500 or
               the total cost incurred for the appeal.

   This section of the code should explain that a person can make a written and verbal presentation if a
    person‟s citizenship is refused.

   This section of the code should state whether the decision of an appeal is final and binding.

   This section of the code may explain that if the decision of the Appeal Review Board is unchanged, that
    is, citizenship remains refused or denied the applicant can bring their appeal to a judicial review of the
    provincial Supreme Court.
   In general, modern treaties, such as the Nisga‟a Final Agreement and self-government agreements
    include a judicial review.

   In this section, some First Nations citizenship codes state that the Canadian Charter of Rights and
    Freedoms applies to the First Nations citizenship code.




                                                                                                    69
                                            Citizenship Code
                                    Fact Sheet - Adoption of Children




   The Adoption of Children is a key element in a citizenship code.

   The adoption is the legal act of permanently placing a child with a parent or parents other than the birth
    (or "biological") mother or father.

   The purpose of this element of the citizenship code should address the issue of the adoption of a child,
    and the rights and citizenship of adopted children.

   This section of the citizenship code should explain whether adoption is by customary adoption in
    accordance with the First Nation‟s customs or practices and/or if adoption follows provincially
    sanctioned adoption laws.

   The adoption of children (or a child) varies from code to code.

   This section of the code should explain the adopted child‟s citizenship when the child reaches the age of
    majority.

   This section of the code should also address the issue of the adoption of children by a person(s) who is
    not a citizen and state that child wills not loss their First Nation citizenship.

   This section of the code may also address customary adoption of persons who are not citizens. For
    example, a non-Aboriginal person can be adopted into a First Nation by being accepted by the First
    Nation because of ties to the community or because that person is a widow of a citizen.




                                              Citizenship Code


                                                                                                   70
                                Fact Sheet – Citizen’s Rights and Benefits




   Citizenship is the status of being a citizen of a state, country or community. A citizen is a person that is
    legally recognized as a member of a state, country or community with associated rights and obligation.

   The purpose of this element of the citizenship code is to explain and identify the rights and benefits a
    First Nations citizen is entitled to because of their citizenship.

   This section of the citizenship code should describe the rights and benefits a citizen is entitled to. For
    example;
            A citizen has the right to;
                Vote
                Hold a political office
                Receive education funding
                Receive housing assistance
                Receive social assistance
                Receive business loans or grants
                Be buried on the Territory

   This section of the code may contain a clause that states a person‟s citizenship does not deny nor confer
    benefits, rights or entitlements from the First Nation.

   In general, modern treaties, such as the Nisga‟a Final Agreement and self-government agreements
    includes a statement that states that enrolment does not;
                 Confer or deny rights of entry into Canada, Canadian Citizenship, the right to be
                    registered as an Indian under the Indian Act, or any of the rights or benefits under the
                    Indian Act; or
                 Impose any obligations on Canada or the Province to provide rights or benefits except as
                    set out in this Agreement.




                                               Citizenship Code


                                                                                                     71
                          Fact Sheet - Privileges of Non – Aboriginal Resident




   A privilege is a special entitlement or immunity granted by an authority to a restricted group, either by
    birth or on a conditional basis. A privilege can be revoked in some cases. By contrast, a right is an
    inherent, irrevocable entitlement held by all citizens or all human beings from birth.

   The purpose of this element of the citizenship code is to describe the privilege(s) of a non- Aboriginal
    resident.

   This section of the citizenship code may explain that a non - Aboriginal resident may have certain rights
    and conditions

   This is not a key element of a citizenship code and should be included in the section which describes
    the rights and obligations associated with the status of a Non –Aboriginal resident.




                                              Citizenship Code


                                                                                                   72
                            Fact Sheet - Roles and Responsibilities of a Citizen




   Citizenship entitles a citizen certain rights. However, citizenship also requires that citizens have roles
    and responsibilities within the community.

   The purpose of this element of the citizenship code is to explain the roles and responsibilities of a
    citizen.

   This section of the citizenship code explains the roles and responsibilities of a citizen. For example;
            A citizen should respect individuals,
            A citizen should respect the culture and customs
            A citizen must be a resident or have ties to the community
            A citizen should respect Mother Earth

   This is not a key element in a citizenship code however it is important to include because a citizen not
    only has rights but responsibilities as well.




                                              Citizenship Code


                                                                                                     73
                         Fact Sheet - Obligations of Non – Aboriginal Resident




   An obligation is an act or course of action(s) to which a person is morally or legally bound.

   The purpose of this section of the citizenship code may explain certain conditions or provisions that a
    non- Aboriginal resident is required to abide by.

   This section of the citizenship code may explain that a non – Aboriginal resident is obligated to uphold.
    Fir example;
            Respect individuals,
            Respect the culture and customs of the First Nation,
            Respect Mother Earth.

   This section is not a key element of a citizenship code but could be included in the section describing
    the rights of non-Aboriginal resident.




                                              Citizenship Code


                                                                                                    74
                        Fact Sheet - Suspension, Revocation and Renouncement
                                            of Citizenship




   Suspension refers to the temporarily removal of a person‟s citizenship or a citizen‟s rights.

   Revocation refers to the taking away of a person‟s citizenship.

   Renouncement is a formal declaration by a person who gives up their citizenship and their rights as a
    citizen.

   The purpose of this element of the citizenship code is to provide the reason(s) or rationale(s) as to why a
    person‟s citizenship would be suspended, revoked, or renounced.

   This section of the citizenship code should explain the reason(s) why a person‟s citizenship would be
    suspended or revoked. For example;
   A person‟s citizenship will be suspended if they commit a criminal offence.
   A person‟s citizenship will be revoked if the person obtained their citizenship fraudulently.
   A person‟s citizenship will be revoked if the person was never a citizen.

   This section of the code should explain why a person‟s citizenship would be renounced. For example;
            A person citizenship‟s will be renounced if they are a citizen of another First Nation.
            A person‟s citizenship will be renounced if they are enrolled din a land claims agreement or
               treaty agreement.
            A person‟s citizenship will be renounced if they request to the Citizenship Committee that
               their citizenship be renounced.

   In general, most codes do not allow for dual First Nation citizenship. A citizen can only hold
    citizenship in one First Nation.

   Codes sometimes address this element of the code as a “Loss of Citizenship” but such wording has a
    negative connotation.

   This is a key element of a citizenship code and should be included to address the issue of dual
    citizenship but it these elements could also be addressed in rights and obligations of citizenship.




                                             Citizenship Code
                                    Fact Sheet - Offences and Penalties


                                                                                                     75
   An offence is an illegal act; a breach of a law or rule.

   The purpose of this section of the citizenship code is to explain what constitutes an offence(s) and what
    fine(s) or penalties(s) the citizen will have to pay.

   This section of the code should explain what constitutes an offence. For example, offences include
                A person living within the community/Territory who is not a citizen or a non -
                   Aboriginal resident.
                A person who obtained their citizenship fraudulently.

   This is not a key element of a citizenship code and could be addressed in the revocation or suspension
    section of the citizenship code, or perhaps in a criminal code.




                                              Citizenship Code
                                            Fact Sheet - Registrar


                                                                                                   76
   A registrar is an official keeper, or recorder of records or lists.

   The purpose of this element of the citizenship code is to explain the role, responsibilities and duties of
    the registrar.

   The Registrar is a person.

   The Registrar is usually the only person who maintains the records of the names of the citizens on to the
    registry or official citizenship list.

   This section of the citizenship code explains the Registrar‟s duties and responsibilities. For example,
    the Registrar;
            Must notify eligible applicants that they can apply for citizenship
            Must ensure the confidentiality of the records
            Adds or deletes name of persons on the list
            Makes available the list to view for review
            Makes decision‟s concerning applications
            Notifies an applicant of the decision

   The Registrar may also maintain a list of non- Aboriginal residents.

   The importance of the Registrar is foremost to ensure the confidentiality of the citizenship list and the
    applicant‟s documentation.

   This is a key element in a citizenship code and should be included because the Registrar and registry are
    important components in the effective administration of citizenship.




                                              Citizenship Code
                                             Fact Sheet - Registry



                                                                                                     77
   A registry is the place where records or lists are kept.

   The purpose of this element of a citizenship code is to explain what the registry is and who has access to
    the registry and the citizenship list.

   The registry is the First Nation‟s “Official” citizenship list or list of citizens.

   This section of the citizenship code should explain that the registry is administered or maintained by the
    Registrar.

   The Registry can also be referred to as;
           First Nations Registry, or
           Band List, or
           Citizenship List, or
           Citizenship Registry

   This section of the code should explain where the registry is located and who has access to it. For
    example;
            The registry will be located in the main office building of the Council Office.
            The registry can be viewed by any citizen through a written request.

   This section of the code should states whether the Registry will be sent to Indian and Northern Affairs
    Canada, Health Canada or another provincial government.

   This is a key element of a citizenship code and should be included because it is an important component
    for the effective administration of citizenship.




                                               Citizenship Code
                                            Fact Sheet - Regulations




                                                                                                   78
   A regulation is a law or administrative rule, issued by a body, organization or committee, used to guide
    or describe the conduct or rules followed by the members of that organization or committee.

   The purpose of this element of the citizenship the code should explain that the Citizenship Committee,
    the Registrar, Appeal and Review Committee should follow the rules and regulation as outlined in the
    code.

   This section of the citizenship code explains that the Citizenship Committee can make regulations or
    rules as to how they will conduct themselves and decide on citizenship. For example, a regulation may
    include;
                 An Administrative Manual
                 Review and Appeal Board Rules
                 Code of Conduct
                 Forms and Applications to Apply for Citizenship
                 Forms and Application to Apply for a Non-Aboriginal Resident

   This is not a key element of a citizenship code but should be included to assist in the effective
    implementation and administration of the code.




                                             Citizenship Code
                                      Fact Sheet - General Provisions




                                                                                                        79
   A provision refers to terms or specifications of the code.

   The purpose of this element of the citizenship code explains the general provisions of the code.

    This section of the citizenship code describes what provisions are included in the code. For example;
        May state that the Preamble is an essential part of the code
        May state budget or funds for the implementation and administration of the code
        May state that the Citizenship Committee, the Council, the Registrar are not liable.

   This is not an essential element of a citizenship code and such terms can be covered under Regulations.




                                             Citizenship Code
                                     Fact Sheet - Amendment Process




                                                                                                  80
   An amendment is any alteration made or proposed to be made to the code that adds, changes,
    substitutes, or omits.

   The purpose of this element of the citizenship code is to explain the amendment process and how, who
    and when changes or amendments to the code shall be made.

   This section of the citizenship code should explain who and how the code will be changed. For
    example;
                Amendments to the code will occur ever two years.
                Amendment to the present Code may be proposed by a citizen, the Citizenship
                   Committee or Chief and Council

   This section of the code should explain how changes or amendments will be accepted or ratified. For
    example;
                The amendments will be voted on by a majority of eligible voters at a General Assembly,
                   a community meeting or by the Citizenship Committee or Chief and Council.

   This is a key element of a code and should be included for it provides for accountability and
    transparency.




                                            Citizenship Code
                                     Fact Sheet - Enactment of Code




                                                                                                    81
   The enactment of a citizenship code means that the code has been properly authorized by a legislative
    body, committee or council.

   The purpose of this element of the citizenship code should explain what body of authority will enact the
    code and the process of how the code will be enacted, passed or ratified.

   This section of the citizenship code should describe what body of authority will enact the code and how
    the code will be enacted. For example;
                This Citizenship Code will come into effect on January 2008 by a Band Council
                   Resolution.
                This Citizenship Code will come into effect by a referendum vote by the citizens of the
                   community.
                The rules and provisions of this Code shall come into effect on the day in which the
                   Council gives notice to the Minister pursuant to Section 10 (6) of Indian Act
               

   This section of the code also explains that previous code(s) will be repealed, and deemed null and void.

   This is a key element of a citizenship code and should be included for it provides for accountability and
    transparency.




                                                                                                   82
Bibliography:

Canada. 1990. Indian Band Membership. An Information Booklet Concerning New
Indian Band Membership Laws and the Preparation of Indian Band Membership Codes.
Ottawa: Minister of Indian Affairs and Northern Development.

Clatworthy, Stewart. 2001. Indian Registration, Membership and Population Change in
First Nations Communities. Ottawa: Minister of Indian Affairs and Northern
Development.

Fiske, Jo-Anne and Evelyn George. 2006. Seeking Alternatives to Bill C-31: From
Cultural Trauma to Cultural Revitalization through Customary Law. Canada: Status of
Women.

Furi, Megan and Jill Wherrett. 2003. Indian Status and Membership Issues. Political
and Social Affairs Division. Canada: Library of Parliament. Parliamentary Research
Branch.

First Nations Governance Pilot Projects: 2005. Challenge and Innovation. Volume 1.
Carleton University. Prepared for the National Center for First Nations Governance by
Carleton University for Community Innovation.

First Nations Governance Pilot Projects: 2005. Challenge and Innovation. Final Report
Volume 2. Case Studies of First Nations Governance Projects. Carleton University.
Prepared for the National Center for First Nations Governance by Carleton University for
Community Innovation.

Graham, John and Jake Wilson. 2004. Aboriginal Governance in the Decades Ahead:
Towards a New Agenda for Change. A Framework Paper for the TANAGA Series.
Ottawa: The Institute on Governance.

Institute on Citizenship and Membership Issues. 2004. Summary of the 2nd IOG
Aboriginal Governance Roundtable. Ottawa: Institute of Governance.

Institute on Governance. 2001. Building a Community Constitution: A Handbook for
Anishinabek First Nations. Ottawa: Institute on Governance.

Kane, Doug. 2000. Aboriginal Citizenship in Transition. Master of Public
Administration thesis. Ottawa: Queen‟s University.

Legal Services Society. 2006. Aboriginal Peoples and the Law in British Columbia.
Chapter 9: Indian Status and Band Membership. www.iss.bc.ca.

Manyfingers Jr., Morris. 1986. “Determination of Indian Band Membership: An
Examination of Political Will”. Canadian Journal of Native Studies VI (1):65-75.




                                                                                        83
Napoleon, Val. 2008. “Indigenous Discourse: Gender, Identity, and Community” in
Kent McNeil & Ben Richardson, eds., Indigenous Peoples and the Law. Hart Publishing,
UK, forthcoming.

Sayers, Judith and Kelly A. Macdonald. 2001. A Strong and Meaningful Role for First
Nations Women in Governance. Canada: Status of Women.


Membership and Citizenship Codes:

Akwesasne Membership Code, Ontario/Quebec/St.Regis, 1987
Algonquins of Pikwakanagan Membership Code, Ontario, 2000.
Blackfoot (Sisika) Tribe, Membership Code, Alberta, 1987
Carry the Kettle Membership Code, Saskatchewan, 1985.
Cree Naskapi Act, Quebec, 1985.
Gitanyow Traditional Governance and Constitution Making, 2000.
Haida Constitution, British Columbia, 2002.
Hollow Water First Nation Membership Code,
Huron Wendat Membership/Citizenship Code, draft, Quebec, 2006.
James Bay and Northern Quebec Agreement, Quebec, 1975.
Kahkewistahaw First Nation Membership Code, Saskatchewan, 2004.
Kahnawá:ke Membership Law, Quebec, 2007.
Key First Nations Citizenship Code, Saskatchewan, 2004.
Ktunaxa Kinbasket Treaty Council Treat Negotiations, Eligibility and Enrolment, British
Columbia, 2000.
Lheidli T‟enneh Final Agreement, Chapter 3 Eligibility and Enrolment, British
Columbia, 2007.
Mi‟kmaq Wetepeksultmk Commission, 2004.
Maa-nulth Treaty Society, Enrolment, British Columbia, 2007.
Nigigoonsiminikaaning First Nation Membership Code, Ontario, 2006.
Nisga‟a Lisims Government Wilp si‟Ayuukhl Nisga‟a. Nisga‟a Citizenship Act, British
Columbia, 2000.
Peguis Membership Code, Manitoba,1987.
Saulteau Indian Nation Citizenship Act, British Columbia, 1986
Sahtu and Métis, Eligibility and Enrolment, North West Territories, 1993.
Sechelt Indian Band Council Membership Code, 1986
Selkirk First Nation, Self-Government Agreement, 1998.
Ta‟an kwach‟an Council Citizneship Council Code, Yukon, 2004.
Temagami First Nation Membership Code, 2007.
Thunderchild First Nation Citizenship Act, 2004.
Tsawwassen First Nation Membership, British Columbia, 2007.
Westbank First Nation Constitution Part III – Membership Rules, British Columbia 2003.




                                                                                    84
15. Reference List:
1
  Leslie A. Pal, Public Policy Analysis. An Introduction (Ontario: Nelson Canada, 1992) 173.
2
   As adapted from John Graham and Jake Wilson, Aboriginal Governance in the Decade Ahead: Towards
a New Agenda for Change, (Ontario: Institute of Governance, 2004)
3
  Oxford On-Line Dictionary www.askoxford.com
4
  Although not a legally defined term and not “spoken” about in relation to Aboriginal rights, portability of
rights should refer to an individual having Firs Nation citizenship rights no matter their residency.
5
  Doug Kane, Aboriginal Citizenship in Transition. Master of Public Administration thesis. (Ottawa:
Queen‟s University) 7.
6
   Megan Furi and Jill Wherrett, Indian Status and Membership Issues. (Canada: Library of Parliament.
Parliamentary Research Branch, 2003) 2.
7
  Jo-Anne Fiske and Evelyn George. Seeking Alternatives to Bill C-31: From Cultural Trauma to Cultural
Revitalization through Customary Law. (Canada: Status of Women, 2006) 4.
8
  Ibid.,4.
9
  Furi and Wherrett.,2.
10
   Ibid.,2.
11
   Ibid.,9.
12
   Ibid.,3.
13
   Kane.,11.
14
   Fiske and George.,1.
15
   Ibid.,6.
16
   Furi and Wherrett.,5.
17
   Furi p.8.
18
   Furi p.9.
19
   Furi p.5.
20
   John Graham and Jake Wilson, Aboriginal Governance in the Decades Ahead: Towards a New Agenda
for Change. A Framework Paper for the TANAGA Series. (Ottawa: The Institute on Governance
Roundtable, 2004) 4.
21
    Morris Manyfingers Jr, “Determination of Indian Band Membership: An Examination of Political
Will”. Canadian Journal of Native Studies, 1986, VI (1):65-75.
22
   Furi andWherrett.,5.
23
   Kane.,13.
24
   Furi and Wherrettp.,5.
25
   Ibid.,5.
26
   Ibid.,5.
27
   Ibid.,9.
28
   Ibid.,13.
29
   Ibid.,14.
30
   Ibid.,15.
31
   Ibid.,16.
32
    Val Napoleon, “Indigenous Discourse: Gender, Identity, and Community” in Kent McNeil & Ben
Richardson, eds., Indigenous Peoples and the Law. (Hart Publishing, UK, 2008 forthcoming) 14.
33
   Government of Saskatchewan, Aboriginal Affairs. www.fnmr.gov.sk.ca/community/glossary
34
   Department of Indian and Northern Affairs Canada (INAC). www.ainc-inac.gc.ca/pr/info/tln_e.html
35
   Fiske and George.,8.
36
   Oxford
37
   Ibid.
38
   Ibid.
39
   For example, see Nisga‟a Lisims Government Wilp si‟Ayuukhl Nisga‟a. Nisga‟a Citizenship Act, British
Columbia, 2000 and Key First Nations Citizenship Code, Saskatchewan, 2004.
40
   Ibid.
41
   Department of Indian and Northern Affairs.
42
   Indian Band Membership: An Information Booklet Concerning New Indian Band Membership Laws and
the Preparation of Indian Band Membership Codes, (Ottawa: Indian and Northern Affairs Canada, 1990).


                                                                                                          85
43
   Adapted from Thunderchild First Nation Citizenship Act, 2004.
44
   Department of Indian and Northern Affairs.
45
   Ibid.
46
   Fiske and George.,5.
47
   Wikpedia. www.wikipedia.org/
48
   Ibid.
49
   Department of Indian and Northern Affairs.
50
   Adapted from the Thunderchild First Nation Citizenship Act, 2004.
51
   Oxford.
52
   Wikpedia.
53
   Oxford.
54
   Algonquins of Pikwakanagan Membership Code, Ontario, 2000.
55
   Kahkewistahaw First Nation Membership Code, Saskatchewan, 2004.
56
   Wikpedia.
57
   Kahkewistahaw First Nation Membership Code, Saskatchewan, 2004.
58
   Wikpedia.
59
   Oxford.
60
   Furi and Wherrett., 5.
61
   Ibid.
62
   Oxford.
63
   Fiske and George.,6.
64
   Aboriginal Affairs Saskatchewan.
65
   Ibid.
66
   Ibid.
67
   Department of Indian and Northern Affairs.
68
   Department of Indian and Northern Affairs.
69
   Department of Indian and Northern Affairs.
70
   Department of Indian and Northern Affairs.
71
   See Nisga‟a Lisims Government Wilp si‟Ayuukhl Nisga‟a. Nisga‟a Citizenship Act, British Columbia,
2000.
72
   Oxford.
73
   Wikpedia.
74
   Oxford.
75
   Department of Indian and Northern Affairs.
76
   Peguis Membership Code, Manitoba, 1987.
77
   Nigigoonsiminikaaning First Nation Membership Code, Ontario, 2006.
78
   Department of Indian and Northern Affairs.
79
   See Nisga‟a Lisims Government Wilp si‟Ayuukhl Nisga‟a. Nisga‟a Citizenship Act, British Columbia,
2000.
80
   Oxford.
81
   See Nisga‟a Lisims Government Wilp si‟Ayuukhl Nisga‟a. Nisga‟a Citizenship Act, British Columbia,
2000.
82
   Oxford.
83
   Oxford.
84
   Key First Nation Constitution.
85
   Indian Band Membership: An Information Booklet Concerning New Indian Band Membership Laws and
the Preparation of Indian Band Membership Codes, (Ottawa: Indian and Northern Affairs Canada, 1990).
Handbook on Band Membership.
86
   Ibid.
87
    Adapted from Kahnawá:ke Membership Law, Quebec, 2007 .
88
   Thunderchild First Nation Citizenship Act.
89
   Algonquins of Pikwakanagan Membership Code, Ontario, 2000.
90
   Department of Indian and Northern Affairs.
91
   Aboriginal Affairs Saskatchewan.



                                                                                                 86
92
 Ibid.
93
 See See Nisga‟a Lisims Government Wilp si‟Ayuukhl Nisga‟a. Nisga‟a Citizenship Act, British
Columbia, 2000.




                                                                                               87

								
To top