Creating a Deh Cho Constitution
Most self-governing First Nations in Canada’s North have constitutions that define the rules of membership, formal decision-making authority, voting procedures and other aspects that underpin their governance structure.
Such constitutions are required as part of a broader self-determination or self-government arrangement, and in most cases, they have been created by a team of legal experts, written first (or only) in English, with little community input and feedback. There is often a major disconnect between the shared values and principles of a First Nation and what is written down in the constitution. Because of this, some First Nations are revisiting and revamping these documents. Others, like the Kaska and Deh Cho, have the opportunity to embark on an extensive grassroots constitution-development process in advance of an agreement with Canada.
The Deh Cho, well in advance of signing a final settlement agreement with Canada, are embarking on an exhaustive constitution design process with all Deh Cho communities, be they Dene, Metis or non-aboriginal. This will form the backbone of their negotiations and ultimately, their future government.
The constitution project will contribute in an important way to the overall Deh Cho Process, a negotiation procedure unique to the Deh Cho, which aims to arrive at a settlement with Canada over government powers and responsibilities, and land, water and resource rights in this region. Importantly, the constitution project is designed and carried out exclusively by the Deh Cho themselves – under the auspices of a Constitution Working Group - separate from these negotiations. The Deh Cho Process itself is outside of the "comprehensive claim" process, primarily because land selection has been eschewed in favour of comprehensive land management. The process is also working toward a unique public regional government model, to be defined by the constitution.
Because the Deh Cho constitution project is the first of its kind, and may have positive ramifications for other First Nations down the road, the Foundation has agreed to match existing support for this process from the Federal Government and the Deh Cho government itself. The Foundation is participating because of this projects’ potential to build a stronger connection between cultural and community values and the formal expression of these values in government.
The process involves extensive public discussions in 10 Deh Cho communities (spread across an area twice the size of Iceland). Among the key issues being determined are the division of powers between the public regional government and community governments, the role of the territorial government, voting rights and participation of non-aboriginal residents, determining who is eligible to run for which formal leadership roles, the formal decision-making role of elders and resource royalty and taxation powers. The Process itself is uniquely public and open – for example, high schools and other learning centres are continually visited and updated, as are municipalities within the Deh Cho.
Importantly, and uniquely, this process will enable the constitution to be developed at the outset in both Slavey and English, rather than being translated after the fact from English. The process requires multiple meetings in each of the 10 communities at both the leadership and community level, the use of a skilled language specialist, a legal advisor and coordination. The Foundation is funding part of the cost of the community sessions.
For more information about this project, contact:
Ria Letcher - ria_letcher(at)dehchofirstnations.com
Rosa Wright - rosa_wright(at)dehchofirstnations.com or
Alison de Pelham - alisondcfn(at)yahoo.com.
For information about the broader Deh Cho Process, visit: www.dehchofirstnations.com and nwt-tno.inac-ainc.gc.ca/dehcho/.