FAQs

How can we enforce without bylaws?

2021-04-14T23:38:10+00:00

Enforcement of First Nations laws, including Indian Act by-laws is complex because the police do not enforce First Nations laws, and K’ómoks does not have enforcement officers or a court. K’ómoks is trying to change this and was successful in making the police enforce a K’ómoks law, enacted under the Land Code, against a tenant. But we had to go to court to do that, and it was costly. Under treaty, as well as under the Land Code, we are trying to fix this problem to ensure that K’ómoks laws are enforceable laws, once there is the equivalent of a “court [...]

How can we enforce without bylaws?2021-04-14T23:38:10+00:00

How does the Constitution become law? A meeting in the hall or do we have to go to a court of law?

2020-06-11T21:17:03+00:00

Your Constitution will become law on the Effective Date of the Treaty, after both the Treaty and the Constitution are approved in a ratification vote. There will be a good deal of consultation with K’ómoks members before this happens.

How does the Constitution become law? A meeting in the hall or do we have to go to a court of law?2020-06-11T21:17:03+00:00

Who can vote on the Constitution?

2021-04-15T17:33:59+00:00

All those eligible to be a K’ómoks Member, and of voting age (18+) can vote on the Constitution. This includes members who are currently on the Indian Band list and individuals who meet the Eligibility Criteria in the Treaty.

Who can vote on the Constitution?2021-04-15T17:33:59+00:00

How will the Judiciary be appointed?

2021-08-26T16:59:26+00:00

That has not been determined. On the Effective Date, the Legislature will have to pass a law to determine how the representatives of the judiciary are appointed.

How will the Judiciary be appointed?2021-08-26T16:59:26+00:00

Under the Treaty, can K’ómoks government decisions be appealed or reviewed?

2021-08-26T16:59:43+00:00

Yes. There will be an impartial and independent process for K’ómoks Members and other individuals who live within K’ómoks Lands to appeal or ask for a review of K’ómoks decisions. Currently, under the Indian Act, there is no formal process to review or challenge decisions made by the K’ómoks Chief and Council, other than in the courts. This will be the primary function of the Judiciary.

Under the Treaty, can K’ómoks government decisions be appealed or reviewed?2021-08-26T16:59:43+00:00

Who will be the first members of K’ómoks government?

2021-08-26T17:00:02+00:00

The Chief Councillor and Councillors at the time of ratification of the Treaty will be the K’ómoks Government. They will serve as a transition government until the first elections are held. Elections must be called no later than six months and held within the first year after the Effective Date of the Treaty.

Who will be the first members of K’ómoks government?2021-08-26T17:00:02+00:00

What is the difference between the Legislature and the Executive?

2021-08-26T17:20:25+00:00

The K’ómoks Legislature has the vested power to create, review, and pass laws. It consists of 6 or more representatives elected by the K’ómoks membership, every three years. Its primary role is to make laws and approve the annual budget. The K’ómoks Executive is made up of an elected Chief Councillor and additional members, who come from the elected representatives of the Legislature. The primary role of the Executive is approving policy and the overall political direction of K’ómoks. They perform day-to-day political functions, such as government relations, maintaining effective communications with members, protecting the K’ómoks First Nation economy, and ensuring [...]

What is the difference between the Legislature and the Executive?2021-08-26T17:20:25+00:00

Under the Treaty, how will K’ómoks be governed?

2021-08-26T17:00:27+00:00

K’ómoks will be governed as determined by the K’ómoks people, according to a structure designed by K’ómoks, and under K’ómoks Laws. The K’ómoks Government will consist of three bodies: The Executive, the Legislature and the Judiciary.

Under the Treaty, how will K’ómoks be governed?2021-08-26T17:00:27+00:00

Why do we need a Constitution?

2021-04-14T23:46:25+00:00

A Constitution is important because it is an essential element in achieving self-government. It serves as the basis for good government. After Treaty, the Indian Act will no longer apply to K’ómoks, though members will keep their Indian status and continue to be eligible for Indian Affairs programs and services. A governance structure with law-making authority will be required to replace the Indian Act structure and to implement self-government under the Treaty. A Constitution will describe these structures and processes.

Why do we need a Constitution?2021-04-14T23:46:25+00:00
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