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The K’ómoks First Nation of Vancouver Island overwhelmingly voted for a treaty and constitution granting self-governance on Saturday.
Regarding the recent vote, K’ómoks chief councilor Nicole Rempel stated:
The Wei Wai Kum First Nation, however, raised concerns that some of the lands within the treaty may overlap with territories the historic Salmon River tribe has claims against. The chief of the Wei Wai Kum, Chris Roberts, sought a court injunction against the treaty vote on the grounds that the treaty would violate the original amalgamation terms between his ancestral band, the Salmon River and the Comox tribes that together formed the modern K’ómoks First Nation. Roberts alleged the amalgamation between two existing bands, the Salmon River and Comox Bands, into the modern-day K’ómoks has failed to respect the conditions of the original agreement – including a dual-chief requirement that would give Salmon River chiefs authority and the right of Salmon River descendants to enrol and reside on K’ómoks reserves. Responding to these concerns, the K’ómoks contend that the current Wei Wai Kun leadership insist on opposing the treaty process despite multiple attempts at outreach and negotiation. The court denied the injunction and allowed the vote to proceed.
The K’ómoks land treaty follows in the footsteps of multiple successful Canadian land treaty negotiations conferring self-governance rights to Indigenous groups, such as the James Bay and Nunatsiavut Agreements. Generally, these agreements provide greater self-governance powers over civil, criminal and legislative matters, while enabling certain areas of authority to remain within federal or provincial government power.
Section 25 of the Canadian Charter of Rights and Freedom provides constitutional protection to existing treaty claims and the right to negotiate for Indigenous rights with the federal and provincial governments. Canada is also obliged to respect the First Nations’ right to self-determination and self-government in matters relating to their internal and local affairs, pursuant to Article 4 of the UN Declaration on the Rights of Indigenous Peoples.
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Regarding the recent vote, K’ómoks chief councilor Nicole Rempel stated:
83 percent of eligible voters within the First Nation voted to ratify the new constitution and 81 percent to ratify the treaty. After the voting period, a planned transition period between the British Columbian government and the First Nations group will work through the details of restructuring the laws and institutions of the band towards self-governance. The BC provincial legislature and the federal government will then need to pass legislation implementing the new treaties.
The Wei Wai Kum First Nation, however, raised concerns that some of the lands within the treaty may overlap with territories the historic Salmon River tribe has claims against. The chief of the Wei Wai Kum, Chris Roberts, sought a court injunction against the treaty vote on the grounds that the treaty would violate the original amalgamation terms between his ancestral band, the Salmon River and the Comox tribes that together formed the modern K’ómoks First Nation. Roberts alleged the amalgamation between two existing bands, the Salmon River and Comox Bands, into the modern-day K’ómoks has failed to respect the conditions of the original agreement – including a dual-chief requirement that would give Salmon River chiefs authority and the right of Salmon River descendants to enrol and reside on K’ómoks reserves. Responding to these concerns, the K’ómoks contend that the current Wei Wai Kun leadership insist on opposing the treaty process despite multiple attempts at outreach and negotiation. The court denied the injunction and allowed the vote to proceed.
The K’ómoks land treaty follows in the footsteps of multiple successful Canadian land treaty negotiations conferring self-governance rights to Indigenous groups, such as the James Bay and Nunatsiavut Agreements. Generally, these agreements provide greater self-governance powers over civil, criminal and legislative matters, while enabling certain areas of authority to remain within federal or provincial government power.
Section 25 of the Canadian Charter of Rights and Freedom provides constitutional protection to existing treaty claims and the right to negotiate for Indigenous rights with the federal and provincial governments. Canada is also obliged to respect the First Nations’ right to self-determination and self-government in matters relating to their internal and local affairs, pursuant to Article 4 of the UN Declaration on the Rights of Indigenous Peoples.
The post Canada K’ómoks First Nation votes for constitution and treaty ratification appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.