COUNCIL OF ELDERS MALISEET NATION VIGER 1995

COUNCIL OF ELDERS MALISEET NATION VIGER 1995

Messagepar admin » Ven 5 Nov 2010 02:27

BY-LAW TO ESTABLISH THE COUNCIL OF ELDERS
AND
THE PEACE TRIBUNAL ARBITRATION

PROPOSED BY: RUBY DENIS
WRITTEN BY: CLAUDE AUBIN IN 1995

COUNCIL OF ELDERS AND PEACE TRIBUNAL

ESTABLISHMENT

We, the Citizens of the Maliseet Nation at Viger are hereby establishing a Council of Elders who will also act as the Maliseet Nation at Viger Peace Tribunal.

The Council of Elders shall consist of one representative for each of the family clans of the Maliseet Nation at Viger.

The Elders shall be appointed to the Council of Elders by their own respective clan.

The Elders appointed to the Council of Elders shall designate a spokesperson for the Council.

If vacancy occurs in the Council of Elders it is the sole responsibility of each clan to fill the position allocated to their clan.

TERM OF OFFICE

The appointment to the Council of Elders is permanent as long as the Elders is capable to participate to the activities of the Council of Elders.

The Elders shall decide among themselves the rules and procedures they wishes to use when meeting together.

GENERAL JURISDICTION

The Council of Elders will provide guidance and support on all cultural heritage matter for the benefit of the Maliseet Nation At Viger.

The Council of Elders will act as the Citizenship Committee establish under the citizenship code of the Maliseet Nation at Viger.

COUNCIL OF ELDERS AND PEACE TRIBUNAL

ARBITRATION

The Council of Elders will from time to time act as a Peace Tribunal to give directives, deliberation from causes such as :

a. hear appeals and references from decisions relating to citizenship, land, land claims, cultural and spiritual activities, dispute of the Council of Chiefs or any other matters put in front of the Council of Elders for the best interest of the Citizens and the Tribe and the Nation,

b. Decide differences or dispute between 2 or more citizens or between citizens and persons who are not citizens of the Maliseet Nation at Viger if all the parties to the dispute agree in writing or verbally that the Council of Elders should decide on that matter, and

The Council of Chiefs agrees that the Council of Elders should decide on that matter, on the best interest of the Nation.

c. Decide differences or disputes between The Maliseet Nation at Viger and any one or other Tribes, Nations or other government with respect to a difference or a dispute referred to the matter, the Council of Elders may;

take no action on the matter and notify the parties accordingly,

appoint a person to inquire into the matter and make a report, or endeavour to effect an agreement or resolve of the matter,

hold a hearing, or decide the matter on the basis of written submissions if the parties agree,

establish whatever means of dispute resolution, including conciliation and meditation, that appears to be appropriate in the circumstances.

require, conduct or supervise votes at a public meeting and make sure that rules for the conduct of the meeting and the vote,

direct that by-law of the Maliseet Nation At Viger be amended, re-enacted or repealed to conform with the custom and the tradition of the Maliseet Nation or to remove an inconsistency or conflict who does not take the best interest of the citizens of the Maliseet Nation At Viger.

PANEL OF THE COUNCIL OF ELDERS

Subject to the decision of The Council of Elders, the Council may designate any 3 or more Elders to sit as a panel of the Council of Elders to exercise any jurisdiction that the Council of Elders may exercise under this By-laws or any other enactment.

When the Council of Elders is required to make a decision which primarily is concerned with citizenship, land, land claims, cultural and spiritual activities, dispute of the Political Council or any other matters put in front of the Council of the Elders.

The majority of any panel designated to hear the matter shall be composed of members of the Council of Elders who have been selected by the Council of Elders to deal on that issues, unless the Council decide for the best interest of the tribe to remain as a whole to make a decision:

where :

there is doubt over whether a matter is primarily concerned with respect of the individual or in the best interest of the tribe
The decision of the Council of Elders shall be reported by the Spokesperson of the Council.

If the spokesperson do not preside at a meeting of the Council of Elders the Council of Elders shall designate a temporary replacement to do so.

A decision or other action taken by a panel of the Council of Elders is the decision or action of the Council of Elders and binds all the members of the Council of Elders.

A panel of the Council of Elders may exercises and performs all the powers and duties of the Council of Elders under this By-law.

RULES OF PROCEDURE

The Council of Elders may makes rules of procedure for the conduct of its business in respect of the Creator laws.

SPOKESPERSON OF THE COUNCIL OF ELDERS

The spokesperson of the Council of Elders is the Executive Officer of the Council of Elders and subject to any direction or decision that is made by the Council of Elders, has the power to act on behalf of the Council of Elders.

COMMISSIONERS FOR OATHS

For the purposes of acting as Commissioners of Oaths, all members of the Councils of Elders are empowered to administer Oaths and take and receive affidavits, declarations and affirmations.

PROCEEDINGS

The Council of Elders is not bound by the rules of evidences applicable to judicial proceeding, and may accept oral, written of other evidence that it considers proper, whether admissible in a court of law or not.

Consideration when decision making

A majority of the members of the Council of Elders or, a majority of a panel of the Council of Elders or by consensus,is the decision of the Council of Elders.

Notice to attend or produce

When in the opinion of the Council of Elders or the person sitting as the spokesperson of the Council of Elders,

the attendance of a person is required or the attendance of a person to give testimony, produce a document or other things is required, or

the production of a document or other things is required

the Council of Elders, or the person sitting as spokesperson may cause to be served on the person concerned a notice to attend and produce a document or other things, as the case may be, signed by the person sitting as spokesperson to the Council of Elders,

if a parson refuses to comply with

a. notice to attend, or

b. a notice to attend and produce a document or other thing.

A witness may be examined under oath anything relevant to a matter before the Council of Elders and shall not be excused from answering any question on the ground that answer might tend to,

a. incrimination him/her

b. subject him/her to punishment under this by_law,

c. establish his/her liability to a civil proceeding at the instance of the Council of the Maliseet Nation At Viger or of any other person, or

d. to prosecution under any by-law of the Council of the Maliseet Nation At Viger.

But if the answer so given tends to incriminate him/her, subject him/her or establish hi/her liability, it shall not be used or received against him/her in any civil proceedings, except in a prosecution for proceedings in respect of perjury or the giving of contradictory evidence.

DECISIONS

A decisions of the majority of the members of the Council of Elders or a panel of the Council of Elders binds all the members of the Council of Elders.

ORDERS

An order , direction or other decision that the tribunal makes may be issued on its behalf by the spokesperson of the Council of Elders.

An order purporting to be signed by the spokesperson on behalf of the Council of Elders shall be admitted in evidence as prime face proof.

A copy of an order having endorsed on it a certificate purporting to be signed by the spokesperson of the Council of Elders, stating that the copy is a true copy, shall be received in any court as prime face proof of the order and its contents.

The Council of Elders may direct that the order or any provision of it come into force at a further fixed time, on the happening of an event or condition specified in the order, or on the performance of conditions to the satisfaction of the Council of Elders.

The Councils of Elders may direct that the whole or any portion of the order have force for a limited time or until the happening of any specific event.

The Council of Elders may, instead of making an order final in the first instance, make an interim order and reserve further jurisdiction, either for and adjourned hearing of the matter or for further application.

APPEALS

On application or appeal to the Council of Elders, the council of Elders may make an order granting the whole or part of the application, or may grant any further or other relief in addition to, or in substitution for, the applied for that seems just and proper to the Council of Elders.

INTERIM ORDERS

The Council of Elders may, if special circumstances of a case on its opinion so require, makes an interim ex parte order authorizing, requiring or prohibiting anything that the Council of Elders is empowered to authorized, require or prohibit, but the order shall not be made for any longer time that the Council of Elders considers necessary to enable the matter to be heard and determined.

TIME EXTENSIONS

When an appeal or matter before the Council of Elders is , by this or any other enactment or by any rule, order of decision of the Council of Elders required to be done, performed or completed within a specific time and if the circumstances of the case in its opinion so require, the Council of Elders may, on giving such notice as it consider reasonable, or in its discretion without notice, extend the time so specified or waive requirement, whether or not the time has passed or expired.

ENFORCEMENT OF DECISIONS AND ORDERS

An order or decision of the Council of Elders may, by leave of the Council of Chiefs, be filed as judgement or order of that Council and upon filing becomes enforceable as a judgement or order of the Council of Chiefs.

COST

The cost of and incidental to any proceeding before the Council of Elders are in the discretion of the Council of Elders and may be fixed in any case by the Council of Chiefs.

The Council of Chiefs may order by whom and to whom any cost are to be paid, and by whom they are to be determined and allowed.

The Council of Elders may, with the approval of the Council of the Maliseet Nation at viger, prescribe the fees to be paid by the persons interested in the matters that come before the Council of Elders, as a condition of commencing proceedings, inquiring or other action.

EFFECTIVE DATE OF ORDERS

A decision of the Council of Elders takes effect at the time prescribe by the decision, or if no date is prescribed, on the date of the decision.

A copy of every decision that the Council of Elders makes shall be sent to all persons that it considered affected by the decision.

IMMUNITY

Neither the members, nor the employees allocated to work with the Council of Elders, nor any one acting on behalf of the Council of Elders, is personally liable for anything done by the Council of Elders or by him or under the authority of this or any other enactment.

No members of the Council of Elders, nor the employees allocated to work with the Council of Elders shall in any civil suit to which the Council of Elders is not a party, be required to give testimony with regard to information obtained by him in the discharge of his/her duties.

ADMINISTRATIVE SUPPORT

The Council of Chiefs shall provide administrative, secretarial and support services for the Council of Elders considered necessary.

REMUNERATION AND BENEFITS

The Council of Chiefs shall paid , at the rate prescribed by the Council, remuneration and reasonable travelling and living expense while the members of the Council of Elders are away from their ordinary places of residence in the course of their duties.
Claude Aubin
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