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.
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. [...]
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.
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.
Not at this time. The Capital Transfer can be used as the nation chooses; this will be decided by the K’ómoks Members through engagement and captured in a financial plan moving into the future. If the nation chooses, they may invest some of the Capital Transfer into Economic Development ventures and opportunities. The $2.2 million that Mark was referring to is specifically to pay for the cost of running our own government. This is a vast improvement from the currently underfunded amount of $220,000 the nation currently receives to run our nation under the Indian Act.
Before the Treaty and the Constitution comes into effect, K’ómoks will negotiate procedures on how the K’ómoks government will consult with these individuals about any decision that directly and significantly affects them. K’ómoks laws will apply to all members and non-members attending K’ómoks Institutions on K’ómoks Lands. Non-member residents will be subject to K’ómoks tax laws. Non-members will be provided an opportunity to participate in certain governmental decisions that directly and significantly affect them. This needs to be addressed in detail in K’ómoks laws.
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.
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.
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.
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 [...]
