CONSTITUTION OF THE MÉTIS NATION

CONSTITUTION OF THE MÉTIS NATION

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CONSTITUTION OF THE CONFEDERACY OF THE MÉTIS PEOPLES

A CONSTITUTION BY THE MÉTIS, FOR THE MÉTIS

RESIDING ON TURTLE ISLAND

WRITTEN BY CLAUDE AUBIN

INTRODUCTION

All people of the world have been given the right to self-determination by the Creator. This principle is now commonly embraces by the global world political community, that it is the founding premise for the Metis Nation and the Confederacy of the Metis People as a spiritual covenant on Civil and Political Right.

Today the Metis People and all their descendants on Turtle Island, after struggle over many generations, effectively demand to be the makers of their destiny.

The Metis People of Turtle Island claim control and jurisdiction over those matters which are regarded as internal and territorial to the Metis People not in a sense of ownership but rather in a sense of occupation.

The Metis People also claims effective control over those resources which belong to the Metis Nation by virtue of original jurisdiction given by the Creator.

Furthermore, Metis People also declare that our relationship as a Nation to other Nations will be based on our original jurisdictions which define our inherent rights, a just interpretation of the treaty process and other agreements which we from time to time did or will enter with other Metis People under the Confederacy of the Metis Peoples.


MÉTIS NATION

The Metis Nation is composed of all the Metis People on Turtle Island, sharing their communal sentiments and united through shared history and cultural heritage and languages within a political and spiritual system. The Metis Nation cannot be subjugated to other Nations, as each Nation is a unique web of people, values and historical experiences.

The history as The Metis Nation is unique in the sense that all the Metis People experience sovereignty in practice. The Metis were never subjugated to human central government as such which determined the destiny of all the Metis People. However the Metis People maintained a common bond with other Metis People or other First Nations through upholding the Creator's Laws through original jurisdiction according to their customs, tradition and values, through many common languages and through covenants, sacred ceremonies, wampum belts and treaties with other Nations.

As a Nation with a history of covenants, in relation to wampum belts and treaties, we have always valued peaceful and reasonable relationships. The same hold true in the history of our relationship with the newcomers to our lands and the First Nations wich we recognized as all our ancestors.


THE SOVEREIGNTY OF THE MÉTIS PEOPLE

The fundamental reality underlying this charter for self-determination is that the Metis People are a unique Nation and at the same time a unique Confederacy of People. The Métis People are joined in Confederacy as a Nation on a territorial structure and will exercise full political, social, cultural, economical and spiritual authority over the territory provided to them by the Creator or acquired by their own means. Our People, our Nation and our Confederacy are sovereign in determining their future.

The treaty process, essentially is a recognition of our original jurisdiction to sovereignty. Implicitly, there were representatives of our sovereign Métis Nation which participated, deliberated and negotiated treaties.

Therefore, the sovereignty principle underpins this constitution under the Creator gift of our original jurisdiction. The Metis People, the Métis communities, the Metis Nation, The Confederacy of the Metis Peoples is one sovereign entity which regulates its internal and territorial affairs. Our relationships with other peoples will therefore be based on a Nation to Nation principle.


ORIGINAL JURISDICTION

The Metis People, the Metis communities, the Metis Nation, The Confederacy of the Metis Peoples is constituted upon the principle of original jurisdiction to self-determination. The original jurisdiction of the Metis People is based upon the inherent rights in its definition of itself and what spiritual and material rights and resources that come under its proprietorship.

The true fact for the Metis People is that our original jurisdiction is based upon our relation with the Creator. Our inherent rights are given to us by the Creator and are expressed and exercised through the Metis People.

All sovereign Nations and governments have come into being because of the inherent right to do so. The Métis Nation and the Confederacy of the Métis Peoples is based upon the same principle and we proclaim and declare under our original jurisdiction that we do have the inherent right to sovereignty, to nationhood and to govern and take care of ourselves while at the same time respecting other sovereign Nations and governments.

The Métis Nation and the Confederacy of the Métis Peoples will therefor exercise its original jurisdiction with its corresponding responsibilities and obligations.


SACRED TREATY

All our Métis ancestors representing the Communities of the Métis People entered into treaties with representatives of other Nations including the Nations of the newcomers on Turtle Island. The Métis People did not concede their original jurisdiction through the treaty making process. However, the treaty making process is a sacred and living testament of the existence of our original jurisdiction.

The spirit and intent of the treaty was fundamentally one of peaceful co-existence. We agreed to share the land, create a province with the newcomers and other First Nations in order that they too would survive. Our ancestors understood the sacredness of the land and life in general. Land was not a commodity to be sold or given away. We were placed on our lands on Turtle Island by the Creator and we were given stewardship with other First Nation over Mother Earth.

The Métis People proclaims and declares that they never relinquished any rights to the land and its resources. They will continue to use the land and its resources as they have done in the past.

Our sacred treaties are therefore implicit in this sacred hospitable gesture of the Métis People. The Elders of the Métis Nation and the First Nations continue to reaffirm their commitment to these treaties with its corresponding obligations.


PART 1

A DECLARATION OF THE MÉTIS PEOPLE


We the Métis People recognize and declare:

that the Laws of the Creator are the only supreme Laws of the Métis People,

that the Creator gave us our spiritual beliefs, our languages, our cultures and places on Mother Earth which provided us with all our needs for our existence and sustenance,

that we the Métis People of Turtle Island know the Creator place us here;

that the Creator gave us our laws that govern all our relationships to live in harmony with Mother Earth, Nature and Humanity,

that the Laws of the Creator defines our original jurisdiction, our inherent Rights, responsibilities and obligations,

that we the Métis People continue to exercises our original jurisdiction to fulfil our responsibilities and obligations given to us by the Creator for the Lands upon which we were placed,

that the original jurisdiction, responsibilities and obligations given to us by the Creator cannot be altered or taken away by any other Nations,

that we the Métis People have maintained sovereignty, communal and nationhood government, territory, oral history, culture, languages, and our customs and traditions from the beginning of our existence on Turtle Island,

that within our private own, communal and territorial lands given to us by the Creator, that all the Governments of the Metis People will exercise their sovereign inherent rights, responsibilities and obligations,

that all the Governments of the Métis People through authority by the Métis People, will exercise complete jurisdiction upon its lands, its resources, its air space and waters, its People and their corresponding corporate entities, organizations services and programs,

that all the Governments of the Métis People will be financially supported through the resources of Mother Earth provided by the Creator,

that all the Governments of the Métis People with its respective original jurisdiction, inherent rights, responsibilities and obligations shall be the guide by the Creator Laws,

that the Creator granted rightful stewardship of Mother Earth and its resources to all the Aboriginal People on Turtle Island,

that the original jurisdiction, inherent rights, responsibilities and obligation given to us by the Creator are non-negotiable with any Nations or anyone.


PART 2

BILL OF RIGHTS

A. Creator's Laws

The Creator Laws are the guiding principles of our original jurisdiction, our inherent rights, responsibilities and obligations. Other denominational believes and the one of the seven teachings of our ancestors which are hereby confirmed, accepted and ratified as the basis of our relationships, practices and laws:

1. Humility

2. Kindness, respect, love

3. Honesty, truth

4. Faith, strength

5. Wisdom

6. Knowledge

7. Caring, sharing

B. Collective rights

1. Inherent rights

Our original jurisdiction include our inherent rights to sovereignty, nationhood and confederacy to govern or to take care of ourselves as well as our special relationship to the land, resources and other people and Nations. All these rights spell out other self evident, naturally occurring given rights by the Creator. Inherent rights also include all those rights exercises in our traditional societies.

2. Sacred Treaty Rights

Our sacred Treaty are basically a recognition and confirmation of our original jurisdiction. Because of the treaties, our people maintain a special relationship with other Nations as one Crown and the Crow of the English people and the Crown of the French people on a Nation to Nation basis. The Crown of the Métis People still maintains the right to enter into treaties with other Nations.


Some of the responsibility and obligations confirmed in the treaties include education, health, economic development, fishing and trapping, trust obligation and financial arrangements of the Nations that enter into treaty with the Métis People, political and bilateral relations, co- existence between parties and to treaty benefits as stated reserving lands and resources. We are living treaties.

3. Environment rights

The Métis People herby recognizes, affirms and ratified the original jurisdiction of the Métis People to be stewards of the environment upon the territories given to us by the Creator to occupy for our protection and our preservation.

4. Resources rights

The Métis People herby recognizes, affirms and ratifies their original jurisdiction to access, use, benefit, trade from the resources provided by Mother Earth.

5. Universal rights

The Métis People herby recognizes, affirms, and ratifies their original jurisdiction to universal right of the Métis People to humanitarian services which include social assistance, education, employment, unemployment insurance, health, economics, to enter universities and security and protection.

C. Individual Rights

The individual rights of the Métis People include the following:

1. The right to speak any Métis language.

2. The right to security from violence.

3. The right to be treated fairly before the law.

4. The right to personal freedom and mobility.

5. The right to freedom of belief and expression.

6. The right to freedom of speech and expression.

7. The right to peaceful association and assembly.


8. The right to property and land.

9. The right to vote in communal, provincial, state and confederate elections in accordance with communal, provincial, state and confederate Election Codes or on Referendum.

10. The right to access public information.

11. The right to privacy and confidentiality.

12. The right to be treated humanely and with respect.

D. Elders Rights

The Elders of the Métis Nation will maintain the right to special respect in accordance with customary practice.

E. Underprivileged and the Disabled

The underprivileged and the disabled Métis People shall retain the right to receive priority of the fundamentals of survivals.


PART 3.
COMMUNITY, PROVINCIAL, NATIONAL AND CONFEDERATE GOVERNMENT OF
THE MÉTIS PEOPLE

A. Political Rights and Authority

1. The Community has always been a political unit of the Métis People. Their original jurisdiction to exercise nationhood and sovereignty has never been relinquished. All political power is inherent within the Métis People and with their communities, national and confederate Governments founded on their authority. The Governments of the Métis People are therefore based on the principle of Governments by the Métis People, of the Métis People and for the Métis People.

2. The Governments of the Métis People are the sovereign authority through which the Métis People manifest their will,issue their direction and conduct their affairs.

B. Responsibilities and obligations of Governments

The Governments of the Métis People exercises the following responsibilities and obligations with and through their Community governments:

1. To deal with other Nations Governments inclusive of each communities of the Métis People, international governments and the Federal Crow of Canada with their respective representatives on a bilateral basis.

2. To represent all political issues of The Métis People.

3. To be official advocate and voice of the Métis People.

4. To introduce and pass community and national laws for the Métis People.

5. To cause agreements through negotiations which will enhance the position of the Métis People.

6. To ensure the protection and enhance of the inherent rights, sacred treaty rights responsibilities and obligations, and the constitutional rights of the Métis People.

7. To ensure economic and financial development of the Métis People in the goal toward self-sufficiency and efficiency.
8. To ensure the development of proper administrative departments for the Métis People at the community and national level.

9. To expand and promote the overall jurisdiction and best interest of The Métis People.

10. To be accountable to the Métis People.

C. Original jurisdiction

The Governments of the Métis People exercises jurisdiction on the following areas:

1. For all the Métis People

2. For all establishments regardless of location, including organizations corporate entities, program and services.

3. for and on all territorial and private lands.

4. for all waters on territorial lands.

5. for all resources on territorial lands.

6. for all airspace above territorial lands.

7. for all jurisdiction which are share or overlapping with other jurisdictions as per arrangements with other Nations and Governments.

D. Governments structures for the Métis People

1. The structure of Governments of the Métis People with its accompanying establishment consists of diagram 1 and 2 as per attachment.

2. The Governments of the Métis People is comprise of Communities, provincial, national and confederate representatives. Each one are chosen by the qualified Métis People in each of the Métis communities.

3. One national or confederate representative wich is elected by all the qualified Métis people in each of the Métis communities and excercises the following duties:

a. effects at all governmemts levels of the Métis People.


b. acts as official spokesperson at all gevernments levels of the Métis People,

c. organizes the formation of the Métis Nation and the Confederacy of the Métis peoples operation with respect to the various provincial representatives,

d. acts as spokesperson and chairperson of the Nation and the Confederacy of the Métis Peoples sessions,

e. votes to break a ties.

4. One provincial representative which is elected by the Métis people of each of the provincial communities and exercises the following duties:

a. effects all provincial meetings of the Métis Nation in that province or in that state.

b. organizes the formation of the provincial operation with respect to the various Métis communities representatives,

c. acts as chairperson of the provincial sessions,

e. vote to bread a ties.

5. One community representative which is elected by the Métis People of that community and exercises the following duties:

a. effects all meeting of the Métis Nation in the community.

b. organizes the formation of the community operation .

c. acts as chairperson of the community session.

d. vote to break a tie.

E. Term of offices for the Confederate, Provincial representatives

1. The National and Confederate representative is elected for a four year term of office prescribe by the national and confederate Election Code approved by the Métis People of Canada.

2. The Provincial representatives are elected for a term prescribe by the Election Code approved by the Métis People of that provinces.


3. The Community representatives are elected for a term prescribe by the community Election Code approved by the people of that community.

F. Elections

1. National and Confederate representative

All the Métis People who are 18 years of age on the date of the election are eligible to vote or run for the position of Confederate representative.

Election to the Confederate representative will be handled by impartial Electoral Officer appointed by the Council of the Confederacy subject to the Nationa and confederate Election Code prescribe and approved in consensus at community general assembly of the Métis People.

2. Provincial representatives

All the Métis People of a province who are 18 years of age on the date of the election are eligible to vote or run for the position of provincial representatives.

Election of the provincial representatives will be handled by impartial Electoral Officer appointed by the Provincial Council subject to a provincial Election Code prescribe and approved in consensus at community general assembly of the Métis People of that province.

3. Community representatives

All the Métis People of a community who are 18 years of age on the date of the election are eligible to vote or run for the position of community representatives.

Elections to Community representatives will be handled by an impartial Electoral Officer appointed by the Community Council of the Métis People and subject to an Election Code approved in consensus at a general assembly of the Métis People of that community.

G. Oath of Allegiance

All the representatives elected to any position of the Métis People Governments will make an oath of allegiance to the Constitution of the Confederacy of the Métis People and its Citizenship as soon as possible after the date of the election.

The oath of allegiance shall be arrange by the Electoral Officer and will include a feast and dialoguing on a specific mandate with the Elders. Such a mandate will be consistent with the term of the Constitution of the Métis People.

H. Métis People Governments sessions

1. All Governments of the Métis People sessions will be held at least quarterly at a place to facilitate the attendance of the Métis People.

2. A quorum at the confederate or provincial or community session shall be establish accordingly.

4. All decisions of all Governments of the Métis People requires the consent of a quorum for passage with the exception of Laws.

5. All items, issues, bills and so forth shall require a period of debate and /or question and answer period upon introduction and before a vote is taken.

6. Any representatives who is absent from Government session forfeit his/her vote to the majority side in decision- making. This ruling will not apply to emergency sessions with a notice of less than 1 week in advance.

7. Adequate notice of at least one week in advance will be given to representatives of any Government sessions to occur.

I. Recall

1. An individual representative of any Government of the Métis People will be subject to recall at any time for any of the following reasons:

a. embezzlement or fraud

b. abuse of position and power

c. a criminal offence

d. serious breach of the constitution of the Confederacy of the Métis People.


2. In the event of a recall, factual statement will be registered with the appropriate Council of the Elders and if required with an independent Chief of Justice who shall cause an impartial investigation to occur. The appropriate Council of Elders shall declare the position concerned either vacant or in operation at provincial or community General Assembly upon the conclusion of the investigation.

3. Any person who is recalled will not be eligible to run for any of the Confederacy of the Métis People Governments position for at least 10 years or as prescribe by the Nation or the Confederacy.

J. Vacancies

In the event of any vacancy, the position should be put up for by-election within one month of the vacancy occurring.


PART 4

ESTABLISHMENTS

1. National and Confederate General Assembly

A Confederate General Assembly will be held at least once a year as prescribe by the representatives of the Confederacy Government at a place central and accessible to all the for the purpose of :

accountability to All the Métis People.

review the Nations Laws, concerns and to seek national direction

public information and education purpose on matters that are of importance to all the Citizens of the Métis Nation

2. Provincial, and community General Assembly

Provincial, and community General Assembly will be held at least once every season or four times per year for the purpose of:
Accountability to the Métis People

Review their Laws, concerns and to seek national direction.

Public information and educational purposes on matters that are importance to all the citizens of the Métis Nation.

B. Confederacy, Provincial, Special Community Councils,

1. Special Councils will be established in community from the Métis People at large for consultation and advisory purposes and will include:

a. An Elders Council

b. a Woman Council

c. a Men Council

d. a Youth Council

2. Special Confederacy Councils will be establish for each categories from provincial Councils representatives. Meeeting will be held once a year.

3. Special Provincial Councils will be establish for each categories from the Community Councils. Meetings will be held at least once every season or four times per year.

4. Special Community Councils meeting will be held at the discretion of each councils representatives.

C. Confederacy Legislation

The process for ratification or repeal of the Métis Nation Laws shall include the following:

a. First recommendations from the Confederacy Community Councils and General Assembly, administrative meeting.

b. Second preparation of draft by legal advisors and/or technicians.

c. Third, review by the Justice Commission for submission to the Confederacy of the Métis People Government.

d. Fourth, first reading and review, debate and rejection or ratification by each of the Community Councils by consensus.

e. Fifth, notification to each of the communities

f. Sixth, second reading and review, debate and rejection or ratification by the Confederacy Council.

D. Justice System

A Justice Commission shall be establish by the Government of the Confederacy of the Métis People to rule on all the communities for a four year term to review impending laws for ratification by the Confederacy of the Métis People Government through a Government order with a specified mandate which will include:

a. to act as a Supreme Court

b. to oversee the operation of the justice system.

c. to deal with appeals and enforce justice

d. the justice system will be independent from the political affairs of the Confederacy of the Métis People and subject to a Justice Code.
e. A Chief Justice with other magistrates shall be appointed by the Confederacy of the Métis People for four year term.

f. The justice system will include a Peacemaker's court composed of Elders and a process of appeal.

E. Public Administration

1. A public Administration department and other department organisations or corporations will be established to handle the administrative affairs, programs and services for the Confederacy of the Métis People and shall receive their legal capacity through the Provincial and Communities Governments for the Confederacy of the Métis People in accordance with any Confederacy of the Métis People Laws.

2. The primary purpose of any Councils Board or Commissions is the shaping of policy for particular programs, services or organisations.

3. A Public Administration, Labour Laws and Corporations Act and all other pertinens Executive and Administrative Laws shall be enacted.

4. All Boards and those Commissions specified by Government order shall be subject to democratic elections for a term of up to two years.

5. The Confederacy of the Métis People may create commissions by appointment for emergency purposes.


PART 5

RELATED MATTERS

A. Citizenship

1. A Citizenship Code of The Métis Nation shall be enacted prescribing the general Laws of citizenship and immigration.
2. The Citizenship Code of the Confederacy of the Métis People will based primarily on those who have family ties to the Aboriginal People and new commers. Other provision shall be enacted according to customs and ruled by the Council of Elders of each Communities.

3. Anyone Applying for citizenship will need the endorsement of at least 2 members of the Community Council of Elders.

B. Land and properties

1. A Land and Properties Act shall be enacted regulating Lands and properties of the Confederacy of the Métis People.

2. All the land of the Confederacy of the Métis People shall be held for the Common good of it's citizenship through the Government of the Confederacy of the Métis People.

3.No land under the jurisdiction of the Confederacy of the Métis People shall be sold leased or rented to a non citizen of the Métis Nation without a community, Provincial referendum.

C. Economics

1. All the Governments of the Confederacy of the Métis People will endeavour continuously to achieve the goal of self-sufficiency for its citizenship through:

a. trade

b. investments

c. manufacturing ventures

d. business enterprises

e. creation of employment


f. distribution system

g. tapping into and creating marketing systems

h. gaming and lotteries

i. monopolizing traditional commodities, product and industries

j. environmental and resource development

k. other economical ventures which serve the best interests of the Métis People.

D. Laws of application

1. Any law which is inconstant with the Constitution of the Confederacy of the Métis people shall deemed to be of no force or effect.

2. All laws of force and effect in the Confederacy of the Métis people shall be ratified by the communities and are subject to treaty agreement or constitutional agreements with other Nations.

E. Taxation.

1. The Confederacy of the Métis People shall maintain the prerogative to negotiate and levy taxes on foreign or external entities for their use of natural resources, land, air, water, and others.

2. Any internal taxation shall be based on the principles of negotiations and consultation with the Métis People for the purposes of subsidizing programs and services and creating employment, as the principle of taxation is not new to the Métis People.

F. Finance

1. The Confederacy of the Métis People reserves the right to fiscal arrangements with other Nations or with the Canadian Government as per fiduciary obligation.

2. Financial budget reports shall be submitted at each General Community, provincial and Confederate National Assembly.


3. A Finance Commission shall monitor overall fiscal expenditures which shall include all programs and organizations under the jurisdiction of the Confederacy of the Métis People at the community, provincial and confederate national level.

4. Expenditure of budgets shall be done with the appropriations made by community , provincial and confederate law or policy.

5. An annual audit of each year shall be submitted to the General public of the Métis People.

G. Referendum

1. It shall be the responsibility of the Confederacy of the Métis People to cause national Referendum on any contentions issue with the exception of those mandatory items mentioned in this constitution.

2. Each Referendum will disclose the appropriate information to the Métis People at least two months in advance of the date set for the Referendum.

3. All Referendums must receive a majority vote of those casting ballots in order to be declare effective.

4. Referendums shall become effective upon final ratification by the Confederacy of the Métis People.

H. Flag

1.All public institutions of the Confederacy of the Métis People will exhibit the legal flag of the Confederacy of the Métis People.

2. The flag must receive endorsement of all the Métis People through the process of a Referendum in order to be legal.

PART 6

AMENDMENT FORMULA

1. All amendment to the Constitution of the Confederacy of the Métis People will be subject to the Referendum process for endorsement.
Claude Aubin
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