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CONSTITUTION OF THE METIS NATION OF SASKATCHEWAN
PREAMBLE:
The Métis Nation and People are a distinct SOCIETY within the Aboriginal Peoples of Canada. The Métis are distinct from the Indians and Inuit and are the descendants of the historic Métis who evolved in what is now Western Canada and part of the northern United States, as a people with a common political will and consciousness.
Having experienced physical and political conflict and dispossession in the late 1800's, we are still engaged in a continuing struggle to rebuild our social case and revive our cultural heritage and pride. As such, we are striving for the political, legal and constitutional recognition and guarantees of the rights of our People, including the right to a land and resource base, self-government and self-government institutions. In order to achieve these objectives we are hereby reestablishing a strong and revitalized organization within the province of Saskatchewan, which must involve all sectors within our Society.
While pursuing these objectives within Saskatchewan, we are also committed to cooperating with the members of the Métis Nation in the rest of the Métis Homeland in order to develop a National Forum to represent our collective interests at the national and international levels.
We the citizens of the Métis Nation recognize:
The inherent dignity to equality and rights which can never be taken away from Métis people is the foundation of Freedom, Justice and Peace in the Métis Nation.
The ideal of all Métis enjoying civil and political freedom can only be achieved if conditions are created whereby every Métis may enjoy their civil, political rights, economic, social and cultural rights.
The promotion of Universal respect for and observance of all the collective and individual rights and freedoms of all Métis.
Realize that the Métis individual, having duties to other Métis individuals and to the Métis community to which they are a part of, is under the responsibility to strive for the promotion and observance of all Métis rights.
Therefore we the citizens of the Métis Nation agree to the following articles:
- All Métis have the rights to self-determination. By virtue of that right we the citizens of the Métis Nation will freely determine our political status and freely pursue our economic, social and cultural development;
- The Métis Nation undertakes to respect and ensure to all individuals within the nation and subject to its jurisdiction the rights without distinction of any kind such as race, color, sex, language, religion, political or other opinions;
- To ensure that any Métis person whose rights or freedoms as herein recognized are violated shall have an effective remedy;
- To ensure that any person claiming such a remedy shall have their right thereto determined by competent Judicial, administrative or legislative authorities of the Métis Nation of Saskatchewan.
- To ensure competent authorities as enacted by the Métis Nation of Saskatchewan shall enforce such remedies when granted;
- The Métis nation undertakes to ensure the equal right of men and women to enjoy all civil and political rights set forth in these articles;
- Every Métis citizen shall have the right to liberty of movement and freedom to choose their residence;
- No Métis citizen in the Métis Nation shall be deprived of the right to join a local in the community they reside;
- All person shall be equal before the Métis Legislative Assembly in the termination of any issue which they are charged with. Every Métis Person shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by the Métis Legislative Assembly;
- No Métis Person shall be subject to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honor or reputation;
- Every Métis person shall have the right to freedom of thought, conscience and religion;
- No Métis Person shall be subject to coercion that would impair their freedom to have or adopt a belief of their choice;
- The Métis Nation of Saskatchewan shall have respect for the liberty of parents or guardians to ensure the moral education of their children is in conformity with their own convictions;
- Every Métis Person has the right to hold opinions without interference;
- Every Métis Person shall have the right to expression. This right shall include the freedom to seek, receive and import information and ideas of all kinds either in writing or print, in the form of art, or through any media of their choice;
- The right of Métis People to assemble and organize at the community level shall be recognized;
- Every Métis Person shall have the right of association.
- No restrictions may be placed on the exercise of this right other than those prescribed by the Métis Legislative Assembly which are necessary to protect the interests of the Métis Nation.
- The family is the natural and fundamental group of the Métis Nation and is entitled to protection by the Métis Nation;
- Every Métis child born of a Métis man or woman is a citizen of the Métis Nation and shall be registered immediately;
- Every Métis Person has the right to:
- Take part in the conduct of public affairs, directly or through freely chosen representatives.
- To vote and to be elected to the Local, Assembly of Representatives or the Métis Legislative Assembly.
- All votes shall be of equal and universal suffrage and shall be held by secret ballot which guarantees the free expression of the will of the electors.
- All Métis shall have the right to access all public services offered through the Métis Nation affiliates.
- All Métis Persons are equal and entitled to protection by the Métis Nation of Saskatchewan. (Amended November 18, 2000)
- The organization shall be known as the “Métis Nation - Saskatchewan”. (amended November 18, 2000)
- There shall be a Métis Nation Legislative Assembly which shall be the governing authority of the Métis Nation of Saskatchewan.
- The Métis Nation Legislative Assembly shall be comprised of the Local Presidents, The Provincial Métis Council, four representatives of the Métis Women of Saskatchewan and four representatives from the Provincial Métis Youth Council. (amended November 18, 2000).
- Notwithstanding Section 2, the Vice President of a Local shall serve as an alternate member of the Métis Nation Legislative Assembly in the event that a President is not able to attend. (amended November 18, 2000.)
- The Métis Nation Legislative Assembly shall have the authority to enact legislation, regulations, rules and resolutions governing the affairs and conduct of the Métis in Saskatchewan.
- The President shall assign and recommend portfolios, subject to the approval of the Provincial Métis Council and ratification by the Métis Nation Legislative Assembly. The assignment of portfolios shall be restricted to members of the Métis Legislative Assembly. (amended June 16/97)
- The Métis Nation Legislative Assembly, based upon the recommendations of the Provincial Métis Council, shall have the authority to appoint Commissions, Committees or other subsidiary bodies, where these are deemed necessary in order to effectively carry out the activities and functions of the Organization. In so doing the Assembly shall ensure equity of representation from the Youth, Women and Elders.
- The Métis Nation Legislative Assembly shall meet at least twice a year.
- Seventy-five members of the Métis Nation Legislative Assembly shall constitute a quorum.
- Notice of any session of the Métis Nation Legislative Assembly shall require thirty days notice to the Local Presidents and Provincial Métis Council.
- A person is disqualified from being a member of the Métis Nation Legislative Assembly when:
- he/she dies or resigns
- he/she is under sixteen (16) years of age.
- All budgets shall be determined by the Métis Nation Legislative Assembly, based upon the recommendations of the Provincial Métis Council.
- The delegates to the Métis National Assembly of the Métis National Council shall be the Provincial Métis Council and the remainder shall be chosen from amongst the members of the Métis Nation Legislative Assembly, while the President shall form part of the Executive Council of the Métis National Council. This Constitution may be amended to take into account and reflect changes which may take place within the Métis National Council.
- The Provincial Métis Council shall be composed of the elected Regional Representatives, the Executive, one representative from the Métis Women of Saskatchewan and one representative from the Provincial Métis Youth Council for a total of Eighteen (18) Provincial Métis Council members. (amended November 18, 2000)
- The Provincial Métis Council shall form the cabinet and be responsible for the portfolios to be assigned and recommended by the President.
- The Provincial Métis Council shall be responsible for ensuring that the affiliates, departments, programs and services covered by their portfolios are running smoothly and have the necessary resources to enable them to operate effectively. In addition, they shall provide a report to each meeting of the Provincial Métis Council and each session of the Métis Nation Legislative Assembly or as requested by the President.
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- The Provincial Métis Council shall have the authority to appoint Commission, Committees or other subsidiary bodies, where these are deemed necessary in order to effectively carry out the activities and functions of the Organization and Métis Legislative Assembly directives.
- The Provincial Métis Council shall designate persons who may have signing authority for the purpose of conducting the affairs of the Organization, which shall include the Treasurer.
- The Provincial Métis Council shall meet at least once every two months.
- Eleven members of the Provincial Métis Council shall constitute a quorum. (amended November 18, 2000)
- Notice of any meeting of the Provincial Métis Council shall be given at least seven days prior to such meeting.
- The Provincial Métis Council shall provide written reports to the Métis Nation Legislative Assembly.
- Elected Provincial Métis Council members and Presidents should not hold paid positions with the Métis Nation of Saskatchewan or any of the Affiliate Boards.
- The Provincial Métis Council shall set the date and place for each Métis Nation Legislative Assembly sitting, provided no less that Thirty (30) days written notice is given to the President of each Local.
- There shall be Four (4) Executive members of the Métis Nation Legislative Assembly who are elected province-wide.
- The Executive shall be composed of the President, Vice-President, Secretary and Treasurer. (amended December 13/97)
- The term of office for the Executive shall be three years.
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- The President of the Métis Nation Legislative Assembly shall be the head of the Executive, and Chief political spokesperson for the Organization.
- The President shall assign and recommend portfolios, subject to the approval of the Provincial Métis Council and ratification of the Métis Nation Legislative Assembly.
- The Executive of the Métis Nation Legislative Assembly shall meet at least once per month and three members shall constitute a quorum.
- The Executive shall provide written reports to the Métis Legislative Assembly.
- Where a vacancy is created for any reason, including death or resignation, the Métis Nation Legislative Assembly shall elect from the Provincial Métis Council members an interim Executive member, who shall serve until a by-election has been held and the vacancy filled.
- There shall be Twelve (12) Regions as set out in Schedule A of this Constitution.
- The Regions shall be governed by a Regional Council composed of the Presidents of the Locals within the respective Regions along with a regionally elected representative who shall be the Chairperson of the Regional Council, as well as the Region's Representative on the Provincial Métis Council of the Métis Nation Legislative Assembly.
- The Regional Council shall have the responsibility of making all appointments to the Institutions and Affiliates at the Regional and Provincial levels. In the event that the Regional Representative is not so appointed, he/she shall be an ex-officio member of all Regional Institutions and Affiliates. (Amended June 26/97)
- The Regional Council shall establish regional administrative offices.
- The Regional Councils shall be responsible for programs and services decentralized to that level.
- The Regional Councils shall enact a Constitution which is not inconsistent with this Constitution and such Regional Constitutions shall be registered with the Head Office.
- The Regional Councils may incorporate with the appropriate government department.
- The Regional Councils may seek the necessary finances and resources to carry out its programs, services, objectives and duties, and where so requested the Provincial Métis Council shall assist in securing these necessary finances and resources.
- The Regional Councils shall assist their Local Communities in preparing to assume Métis self-government, which includes land, where this is an objective.
- The Regional Councils shall provide direction to their Representatives on the Provincial Métis Council with respect to all matters, including the aims, objectives and aspirations of the Organization, and for their respective Regions. (Amended June 26/97)
- Where a vacancy is created for any reason, including death or resignation, the Regional Council shall elect from the members of the Council an interim Regional Representative, who shall serve until a by-election has been held and the vacancy filled.
- The Métis Nation of Saskatchewan shall initiate, assist, support, assign, recommend, and facilitate the development, implementation, and establishment of Métis Urban Self-Government Councils in Saskatchewan.
- The Métis Nation of Saskatchewan shall assist, support, recommend and facilitate the Regions forming the North West Saskatchewan Métis Council to develop, establish and implement Métis governance for their Métis Communities. (Amended Dec.13/97)
- The Locals shall be the basic unit of the Organization in each community.
- The Local shall be made up of at least nine members.
- New Locals can be admitted by the Regional Councils provided this decision is ratified by the Métis Nation Legislative Assembly and the requirements herein are met.
- Locals can be dissolved by the Regional Councils provided this decision is ratified by the Métis Nation Legislative Assembly and the requirements herein are no longer met.
- The Métis Nation Legislative Assembly shall adopt rules pertaining to the admission and dissolution of Locals.
- Each Local shall be governed by an elected leadership as determined through the Constitution of the Local, which may include terms of one to three years and elections may be by ballot box or conducted at a General Assembly of the Local membership.
- Any Métis who is sixteen years of age or over and is a member of the Local shall be entitled to vote or seek office.
- Each Local shall be enact a Constitution which is not inconsistent with this Constitution, including the establishment of portfolios, committees or other bodies required to address community and other issues, and such Local Constitutions shall be registered with the Regional and Head Office of the Organization.
- The Locals shall provide yearly up-dates of their membership to the Regional and Head Office, separating those members who are under sixteen years of age, from those sixteen and over.
- The Locals shall be responsible to prepare the Communities for the assumption of Métis self-government, which includes land, where this is an objective.
- The Locals may incorporate with the appropriate government department.
- The Locals may seek necessary finances and resources to carry out their programs, services and objectives, and where so requested the Provincial Métis Council of the Métis Nation Legislative Assembly shall assist in securing these necessary finances and resources.
- Any member who is sixteen years of age or older may vote or seek elected office within the Métis Nation of Saskatchewan.
- Elections for the Provincial Métis Council of the Métis Nation Legislative Assembly shall be held on the date set by the Métis Nation Legislative Assembly, based upon the recommendation of the Provincial Métis Council.
- Elections for the Provincial Métis Council of the Métis Nation Legislative Assembly shall be held at least every three years.
- The Executive of the Métis Nation Legislative Assembly shall be elected by the total membership at the Local polls by secret ballot.
- Regional Representatives of the Provincial Métis Council shall be elected within their respective Regions through the establishing of a poll in each Local.
- The Métis Nation Legislative Assembly shall enact, on a priority basis, an Elections Act, along with the necessary regulations and guidelines.
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- A Métis Elections Commission composed of 3 Senators is empowered to oversee and conduct the general elections and by-elections of the Organization.
- The terms of office of the Senators who sit on the Commission shall cease at the first session of the Métis Nation Legislative Assembly following the elections.
- The Senators who sit on the Commission shall be appointed by the Métis Nation Legislative Assembly, based upon the recommendations of the Senate, for a term of not more than three years, and are eligible for reappointment.
- When the election or by-election date has been set and the election called by the Métis Nation Legislative Assembly, based upon the recommendation of the Provincial Métis Council, the Commission shall have sole authority and responsibility to conduct the elections and shall be independent and answerable only to the Métis Nation Legislative Assembly.
- The Commission shall appoint a Chief Electoral Officer and other required personnel.
- The Commission shall be responsible for official recounts and appeals.
- The decisions of the Commission shall be final and binding, subject to the right of appeal to the Métis Nation Legislative Assembly, which decision shall be final and binding.
- The Métis Nation Legislative Assembly, based upon the recommendations of the Provincial Métis Council, shall determine the rate of remuneration and expense accounts for the Commission members, along with the period deemed necessary for the work of the Commission.
- In the event of a vacancy on the Provincial Métis Council of the Métis Nation Legislative Assembly, a by-election shall be called within ninety (90) days from the date of vacancy.
- When nominations close all candidates shall take a leave of absence for any elected position on the Provincial Métis Council of the Métis Nation Legislative Assembly or any salaried position with the Organization, or its subsidiary bodies. The Provincial Métis Council members and any person who has a salaried position with the Organization shall continue to receive their salary while they are on such leave of absence.
- When nominations close and until candidates are unofficially elected, the Senators shall be solely responsible for conducting the affairs and activities of the Organization. The Senators shall receive remuneration for their work during this period.
- The Provincial Métis Council members shall be on call and shall conduct business or represent the Organization form time to time as requested by the Senate. The Provincial Métis Council member shall receive expenses to compensate for travel as requested by the Senate.
- All defeated or retiring candidates who were on the Provincial Métis Council prior to the election shall be entitled to and will receive their salary for two weeks after the election.
- Any candidate who's election has been appealed under Section 7(f) and has been found guilty by the Métis Elections Commission of violating Section 9 shall forfeit such elected position with a right of appeal to the Métis Nation Legislative Assembly, which decision shall be final and binding.
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ARTICLE 9:
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METIS NATION OF SASKATCHEWAN HEAD OFFICE
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- The Head Office shall be in Saskatoon.
- The (12) Regional Offices of the Organization shall be accessible to our People and Leadership.
- 'Métis' means an Aboriginal person who self-identifies as Métis, who is distinct from Indian and Inuit, and:
- is a descendant of those Métis who received or were entitled to receive land grants and/or Scrip under the provision of the Manitoba Act, 1870 or the Dominion Lands Act, as enacted from time to time; or
- a person of Aboriginal descent who is accepted by the Métis Nation and/or Métis Community.(Amended Dec. 13/97)
- Any Métis who is a member of a duly registered Local is a member of the Métis Nation of Saskatchewan.
- A member shall only belong to one (1) Local.
- A person shall reside in the Local for at least (6) months before he/she is eligible for membership in that Local. The Locals may make exceptions for educational and medical purposes.
- Members shall be issued a membership card.
- This card shall provide life-time membership in the Organization.
- There shall be no fee for membership cards.
- Membership cards shall be numbered and a register maintained by the Senate in the Head Office. Replacement cards shall retain original number.
- Membership cards shall be issued by the President of Secretary of a duly registered Local upon completion of the designated form.
- Where there is a dispute as to membership, a ruling shall be made by the Senate, with a final right of appeal to the Métis Nation Legislative Assembly the decision of which shall be final and binding.
- The Métis Nation Legislative Assembly shall enact, on a priority basis, a Métis Citizenship Act. (Adopted November 14, 1997)
- A General Assembly, composed of member from the Locals, shall be convened by the Métis Nation Legislative Assembly every year.
- The General Assembly shall provide a Forum whereby the members of the Organization will receive information, review developments and provide guidance to the Métis Nation Legislative Assembly, and discuss, clarify, amend, vote on and ratify amendments to the Constitution.
- The Métis Nation Legislative Assembly shall make these items a priority, and shall involve the Senators, Women and Youth in the determination of their role and responsibilities within the Organization.
- The Métis Women of Saskatchewan shall be designated (1) seat in the Provincial Métis Council and (4) seats in the Métis Nation Legislative Assembly. This provision shall cease to apply when women have achieved equitable representation in the Provincial Métis Council and Métis Nation Legislative Assembly.
- 1. That the Provincial Métis Youth Council shall be designated (1) seat on the Provincial Métis Council and (4) seats at the Métis Nation Legislative Assembly.
- That appointments to vacancies in the Métis Senate be made at area meetings; Further, that Senate appointments be for lifetime or until such time as the Senator is unable to fulfil his/her duties.
- That the Senate be given the power to resolve disputes occurring in the Regions and Locals. Further, that decisions of the Senate shall be final and binding.
- That the Senate be equally represented by male and female.
- Whereas the Métis are seeking self-government as a third order of government within Canada, the organization shall be non-secretariat and non-partisan.
- The loyalty of the members of the Métis Nation Legislative Assembly must be to the Métis People and Nation, and shall swear an Oath of Allegiance prior to taking office.
- The leadership shall be responsible and accountable to the Communities, as reflected by the Métis Nation Legislative Assembly, which is the Supreme Body for the Métis within Saskatchewan.
- Members of the Organization are not precluded from joining political parties of the two other orders of government, being the federal and provincial levels of government.
- Any Provincial Métis Council member of the Métis Nation Legislative Assembly who chooses to seek the nomination of any Provincial of Federal Political Party in any provincial or federal election shall take a leave of absence from his/her position.
- The Métis Nation Legislative Assembly, on behalf of the Métis Nation - Saskatchewan, shall exercise all voting rights, powers, and duties of ownership in relation to the affiliates, based upon the recommendations of the Provincial Métis Council.
- Where not currently provided all affiliate Articles and By-laws shall be amended at the first reasonable opportunity to conform with this section.
- The Provincial Métis Council members who is assigned a portfolio shall automatically sit as the Chairperson of the Affiliate(s) which falls under his/her portfolio.
- A member who is an employee/staff person/management of an Affiliate shall not be permitted to sit on any Affiliate Board.
- All Affiliates shall representation from the (12) Regions of the Organization, unless otherwise decided by the Métis Nation Legislative Assembly, based upon the recommendations of the Provincial Métis Council.
- A Secretariat shall be retained under the Non-Profit Corporations Act for the sole purpose of carrying out the administrative duties of the Métis Nation - Saskatchewan. (Inserted June 26/97)
- The Secretariat shall be known as the Métis Nation of Saskatchewan Secretariat Incorporated. (Inserted June 26/97)
- The Board of Directors of the Secretariate shall be the same members who are elected to the Provincial Métis Council. (Inserted June 26/97)
- The Constitution shall only be amended by the majority of three quarters of the members of the Métis Nation Legislative Assembly and ratified by three quarters of the members of the General Assembly.
- All proposed amendments to the Constitution must be registered with the Métis Nation of Saskatchewan Head Office thirty days prior to the sitting of the Métis Nation Legislative Assembly is provided. Where the minimum 30 days notice is provided under Article 2, Section 8, all proposed amendments must be registered 14 days prior to the sitting of the Métis Nation Legislative Assembly. (Inserted June 26/97)
- The Constitution shall take effect upon its adoption by the General Assembly subject to amendments validly passed by three quarters of the Assembly present, and the conclusion of General Assembly. Upon the happening of these two conditions all previous By-laws of the Organization are repealed and this Constitution shall constitute the sole Constitution of the Organization, until otherwise determined by the Organization.
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