FAQs

How have you (Maa-nulth) dealt with bad behaviour if police will not enforce or cannot enforce criminal laws (lack of evidence)?

2021-08-26T17:41:52+00:00

Brent’s Answer: This issue is an ongoing struggle, although we have recently been making progress.  We recently were able to utilize the RCMP to issue a Compliance Notice against a non-citizen resident on treaty lands who had threatened another person with a rock.  No physical harm was done, but the Nation decided it was important to document the incident and to let the perpetrator know such behaviour would not be tolerated in the future.  One of the Maa-nulth has recently enacted a banishment law that utilizes traditional practices with a healing circle built into the due process, including steps to ensure [...]

How have you (Maa-nulth) dealt with bad behaviour if police will not enforce or cannot enforce criminal laws (lack of evidence)?2021-08-26T17:41:52+00:00

Have you had an enforcement issue post treaty that you can share (from Maa-nulth)? What was the resolution?

2021-08-26T17:42:10+00:00

Brent’s Answer: There has only been one significant enforcement issue.  The offence was the illegal harvesting of an elk.  Because the poacher was a person of some significance, the Nation wanted to proceed under its own laws, however, because the Nation did not have its own enforcement officers, the investigation was carried out by an external enforcement agency which failed to recognize the limitation period for laying charges under Maa-nulth law.  The limitation period was missed, so in the end, charges were laid under Provincial law and the poacher plead guilty.  The community, through its elders’ advisory committee, took other steps [...]

Have you had an enforcement issue post treaty that you can share (from Maa-nulth)? What was the resolution?2021-08-26T17:42:10+00:00

When and if treaty is signed will there be an elder’s council involved with decision making or present for guidance and protocol? Or a council created?

2021-08-26T17:42:33+00:00

There is not a specified elder’s council in the K’ómoks Constitution. The Constitution allows for the creation of Committees that are intended to provide advise and recommendations to the K’ómoks Government, an elder’s committee could be created to provide guidance and protocol.

When and if treaty is signed will there be an elder’s council involved with decision making or present for guidance and protocol? Or a council created?2021-08-26T17:42:33+00:00

There are big breakthroughs with indigenous scholars on indigenous governance/self determination and indigenous frameworks that aim to not to simply “fit” info westernized frameworks, will there be opportunities to bring in guest speakers on this and to make our constitution also an indigenized visual framework?

2021-08-26T17:42:52+00:00

The K’ómoks Constitution has been drafted by K’ómoks members and guided by legal professionals. There have been many conversations of how to incorporate culture and specific K’ómoks concepts of law. A major consideration in not incorporating certain traditions and culture was because after Constitution becomes law, it now becomes a part of BC and Canadas legal fabric and can be challenged in court. For instance, there may be a situation where the Constitution is challenged due to a misinterpretation of a cultural concept, the interpretation of that cultural concept can change in court and become common law in Canada and BC. [...]

There are big breakthroughs with indigenous scholars on indigenous governance/self determination and indigenous frameworks that aim to not to simply “fit” info westernized frameworks, will there be opportunities to bring in guest speakers on this and to make our constitution also an indigenized visual framework?2021-08-26T17:42:52+00:00

Have elders been asked to have input on the cultural indicators for guidance and support?

2021-05-20T18:18:18+00:00

The survey is designed to solicit input from elders, youth, and everyone in between, as well as members living at home (K’ómoks I.R. #1) and living away from home.  The data from this survey will allow K’ómoks to track a broad range of relevant indicators and the survey will be improved over time with input from all membership including elders as it will be repeated over time to get a picture of how K’ómoks socio-economic well-being changes over time.

Have elders been asked to have input on the cultural indicators for guidance and support?2021-05-20T18:18:18+00:00

Has this (socio-economic indicators survey/data) been used in other communities and benefited from outcomes?

2021-05-20T18:17:22+00:00

Each socio-economic indicators survey/data must be designed specifically for each community/First Nation due to factors which are unique to each Community—for example, in the case of K’ómoks the size of the community, the cultural and social and linguistic aspects are unique.  With this said, there are many examples of Socio-economic indicators and surveys to measure community well-being and, as in the K’ómoks case, the socio-economic gaps between K’ómoks and communities of similar size and circumstance.  The specific socio-economic well-being survey being considered by K’ómoks has been developed and implemented by Mark Anielski working with the Opaskwayak Cree Nation who are just [...]

Has this (socio-economic indicators survey/data) been used in other communities and benefited from outcomes?2021-05-20T18:17:22+00:00

How are we going to move forward with culture when we have members from other communities colonizing us from within? For example, non band members claiming Hereditary Chief and, on the election, ballot.

2021-08-26T17:43:42+00:00

Currently the Indian Act allows or anyone to run for Chief. This is remnants of an old practice where governments would use the Indian Act to put Indian Agents in charge of nations as Chief. With a Treaty, only K’ómoks Members who are enrolled under the Treaty will be allowed to run for office.

How are we going to move forward with culture when we have members from other communities colonizing us from within? For example, non band members claiming Hereditary Chief and, on the election, ballot.2021-08-26T17:43:42+00:00

With cost savings on member travel, etc. due to COVID-19, what would this funding be directed to now?

2021-08-26T17:59:16+00:00

This funding has been directed to creating materials that will be made available through the new website. This includes such things as; videos, podcasts, summary booklets. During these unprecedented times of covid-19, we have had to shift our focus on creating and providing more digital materials for membership.

With cost savings on member travel, etc. due to COVID-19, what would this funding be directed to now?2021-08-26T17:59:16+00:00

Did they (Huu-ay-aht) have a change management Plan? And what were the thing they had in place prior to treaty that sustained them through the change?

2021-08-26T17:44:50+00:00

Trudy’s answer: I do not have access to or recall a compiled change management plan per say, however, based on memory, I offer the following: Having a consistent Executive Director (band administrator) throughout the change was very helpful Early implementation of various aspects of post Effective Date governance i.e., the separation of administration from politics was extremely helpful and is an ongoing priority. Having a clear, current, and achievable vision and strategic plan / direction has been very helpful.

Did they (Huu-ay-aht) have a change management Plan? And what were the thing they had in place prior to treaty that sustained them through the change?2021-08-26T17:44:50+00:00
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