--- On Fri, 3/2/12, RDIABO <rdi...@rogers.com> wrote:
From: RDIABO <rdi...@rogers.com> Subject: Manitoba chiefs say governance legislation goes too far To: undisclosed-recipi...@yahoo.com Received: Friday, March 2, 2012, 9:32 AM Manitoba chiefs say governance legislation goes too far By Mia Rabson, Winnipeg Free PressMarch 2, 2012 OTTAWA - Legislation to establish new election rules for First Nations goes far beyond what Manitoba chiefs agreed to in negotiations with the federal government, according to the province's top chief. Assembly of Manitoba Chiefs Grand Chief Derek Nepinak appeared before a Senate committee asking for major amendments to the bill. ``I come here in the spirit of co-operation and respect,'' Nepinak said Wednesday. The legislation, Bill S-6, gives every First Nations the chance to opt in to a new electoral system which would have four-year fixed terms of office and set common election days for all First Nations in a particular region. It sets out penalties for elections offences such as fraud or obstructing the electoral process. And it would allow First Nations to appeal election results through the courts rather than the minister. The four-year terms and the common election days were both part of a request the AMC made to the federal government several years ago. A resolution asking for the changes was also passed by the AMC in 2009. Nepinak said that part of the bill is perfectly fine. But he said the government is selling the bill as being fully supported by the AMC when all the AMC supports are the common election days and the four-year terms. ``The fact they are using that early vote in Manitoba to bolster the legitimacy of this bill is problematic for me,'' he said. Nepinak was more cordial in his presentation to the committee than he was in a letter sent to the committee ahead of time. In the letter, sent to Senate Aboriginal Peoples Committee chairman Gerry St. Germain, he accused the government of acting in bad faith ``by setting aside our discussions and its promises and substituting . . . unilaterally developed legislation that contains many unwanted provisions, while including essentially only one of our recommendations and rejecting all others.'' In particular, Nepinak takes issue with the ability of the minister to force bands to accept the new system if the minister believes there is a protracted dispute about election results. He would prefer an independent First Nations elections agency or tribunal be established to oversee disputes and sort out appeals, rather than the minister and the courts. Nepinak also takes issue with the clause that allows a band council to opt in to the new system simply by having a vote of chief and council, but that if the band wants to opt out they need to hold a double-majority referendum. That means at least half the electors have to participate and at least half of the participants have to vote to get rid of the new system. Nepinak said it should be the same standard to get in and out. A spokeswoman for Aboriginal Affairs Minister John Duncan said Thursday the bill addresses long-standing issues with the current election system. "(First Nations) will have the choice to 'opt in' to this new election system that will help First Nations create the political stability necessary for solid business investments and long term planning that will lead to increased economic development, job creation and improved quality of life for the community," said Moira Wolstenholme, in an email. mia.rab...@freepress.mb.ca
