Aboriginal Justice

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Aboriginal Justice

• Community Forum

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Topic Two

• Constitutional Law
• First Nations and Canadians

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Aboriginal Justice Strategy

• The Aboriginal Justice Strategy (AJS) is part of
  the Department of Justice, Canada
• AJS programs are
• community-based
• offer alternatives to the administration of
  justice

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Objectives of the AJS

• To support Aboriginal communities as they take
  greater responsibility for the administration of
  justice
• To help reduce crime and incarceration rates in
  the communities that administer justice programs
  and
• To improve Canada's justice system to make it
  more responsive to the justice needs and
  aspirations of Aboriginal people.

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Learning Outcomes

• Knowledge
• To understand what a constitution is.
• To identify what type of information should be
  contained in a constitution.
• Skill
• To organize a process for a community developing
  its constitution.
• Value
• To develop an appreciation for having a
  constitution.

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Background

• Independent sovereign state.
• What is a constitution?
• Why a constitution?
• Contents of a constitution.
• The Ratification.

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Independent Sovereign State

• Negotiations to reclaim jurisdiction and
  law-making authority
• Treaties with the Dutch, English French
• Treaties are signed by two or more nations

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What is a Constitution?

• a framework for community governance
• the basic principles of the good life
• a set of written and unwritten rules and
  principles that govern decision-making in a
  political community
• a living document

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Why do you need a constitution?

• Externally
• awareness and understanding of the sovereignty
  and autonomy
• recognition and support
• limit the interference
• provides transparency

• Internally
• belong to a community
• rights and needs
• reassertion of freedom
• accountability and efficiency

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Contents of a constitution

• Preamble Describes the purpose of the document
  and government.
• Articles Establish how the government is
  structured, rights of citizens, electoral system
  and process, and international affairs, etc.
• Amendments Changes to the Constitution.

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The Ratification

• Due To Conflict Or Advocacy
• Set Up Of A Committee/Commission
• Selection Of Expects
• Seek Out Recommendations
• Community Consultation
• Referendum Process
• Enactment

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Activating Activity 1Interview Review

• Purpose
• To develop summary of the Radio Broadcast/Audio
  CD
• Steps
• Review interview outline.
• Hand out 2-column note work sheet
• LISTEN-to radio broadcast, audio CD
• THINK-individually make notes using the Two
  Column method
• PAIR-with a partner, add to the ideas generated
  individually
• SHARE-responses with the whole group using a flip
  chart or overhead projector

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Radio Broadcast

• Audio CD

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Leisure Break

• 15 minutes

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Activating Activity 2Vocabulary Development
Review

• Purpose
• To develop and review vocabulary
• Worksheet 1 Cryptogram
• Worksheet 2 Crossword Puzzle

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Constitutional Cryptogram

• To solve the puzzle when you play Cryptogram, you
  have to figure out what the actual letters are
  and then use them all to figure the vocabulary
  used for the next activity.

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Constitutional LawCrossword Puzzle

• The aim in crossword is to fill the white squares
  with letters, forming words reading across and
  down, by solving clues which yield the words.
  Squares in which answers begin are numbered and
  the clues are referred to by these numbers and a
  direction for example, "1-Across" or "17-Down".

 
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Acquiring Section

• Build new information and understanding
• Strategies for acquiring new information
• Activity 1 Preamble Articles 1 to 4
• Activity 2 Articles 5 to 8
• Activity 3 Articles 9 to 12

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Acquiring Activity 1 Preamble Articles 1 to 4

• Steps
• Identify a recorder for the group
• Work through worksheets for a Preamble and
  articles 1 to 4.
• Note Not all the questions need to be addressed
  if the group decides otherwise.
• Choose the questions to focus on and the number
  of questions to consider.
• Record the answers so that everyone can see them.
• Discussion and clarify.
• Restate and rewrite the articles.
• Time 30 minutes

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Preamble

• Most modern constitutions have a preamble stating
  why the constitution is being enacted. It is an
  introduction that explains the ideals which the
  nation is based on and the kind of governance
  they have chosen (democracy, oligarchy, communism
  or monarchy, etc.)
• Example Whereas the Provinces of Canada, Nova
  Scotia, and New Brunswick have expressed their
  Desire to be federally united into One Dominion
  under the Crown of the United Kingdom of Great
  Britain and Ireland, with a Constitution similar
  in Principle to that of the United Kingdom

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Article 1 Name of Nation

• The essence and purpose of the nation. Be concise
  and descriptive. What do people outside the
  community what they think of the name? Include
  what area the nation covers.
• Example The official name for this nation shall
  be known as the ______________________. This
  nation will use the name or its acronym, ______,
  in all publicity materials and correspondence.

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Article 2 Statement of Purpose

• This section states what the nation wants to do.
  Keeping the objects broad rather than a list of
  activities allows for changes in activities
  without changing the constitution. The statement
  of purpose can be one sentence or several
  paragraphs.
• Example The purpose of this nation is to All
  activities of this nation must be directed toward
  this purpose.

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Article 3 Directive Principles of Nation Policy

• Some modern constitutions have principles and
  values that govern how nation power is exercised.
  The Canadian constitution includes the Charter of
  Rights and Freedoms. This section should make
  people think whether this would be a nation to
  consider moving their family to or that
  immigrants would find appealing.

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Article 4 Citizenship

• Citizenship is one of the fundamental factors of
  a nation.
• Requirements
• Example All _________ are eligible to be
  citizens. All members are required to demonstrate
  support for the purpose of this nation.
  Citizenship is open to everyone regardless of
  age, race, religion or creed, color, creed,
  religion, sex, national origin, marital status,
  gender, disability, handicapping condition, or
  sexual orientation.
• Withdrawal of Citizenship
• Example Citizens may have their citizenship
  withdrawn for failure to adhere to the
  requirements for citizenship as stated above.
• Rights and privileges

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Acquiring Activity 2 Articles 5 to 8

• Steps
• In four groups, select an article for each to
  work on.
• Identify a recorder and a presenter.
• Provide corresponding worksheet to each group.
• Note Not all the questions need to be addressed.
• Work through selected questions for each article.
• Present results to the whole group.
• Discuss and clarification of articles.
• Restate and rewrite the articles on a new sheet.
• Attach to the sheet for activity 1
• Time
• 30 minutes

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Article 5 Elections

• Nominations
• Eligibility
• Voting
• Example A simple majority vote of the quorum
  present at that meting will be sufficient to
  elect an officer. If there are more than two
  candidates and no candidate receives a majority,
  there will be a run-off vote between the top two
  recipients in the general meeting.
• Installation

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Article 6 Officers

• Composition
• Qualification
• Powers, Duties and Responsibilities
• Example
• The duties of the Chief shall be to preside at
  all meetings of the Nation, to decide questions
  of order, to appoint committee chairs with
  approval, etc.
• Vacancy
• Removal
• Term of the office

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Article 7 Meetings

• Time Place
• Example Regular meetings will be held the first
  and third Thursdays of every month. Notice of
  special meetings must be communicated to all
  citizens at least 72 hours in advance of the
  meeting.
• Quorum
• Voting
• Procedures

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Article 8 Committees

• Executive
• Composition
• Powers Duties

• Other Committees
• Composition
• Powers Duties
• Procedure

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Acquiring Activity 3 Articles 9 to 12

• Steps
• As four groups, select an article to work on.
• Identify a recorder and a presenter.
• Note Not all the questions need to be addressed.
• With the corresponding worksheet choose the
  questions to focus on.
• Work through the selected questions.
• Present their results to the whole group.
• Discuss and clarify the articles.
• Restate and rewrite the articles.
• Attach to the sheet for activity 2
• Time 20 minutes

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Article 9 Judicial System

• Structure of the Judiciary
• Judicial Officers
• Source of Law
• Public Access
• Review the Laws
• Creators of Laws

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Article 10Finances, Assets, Property

• Revenues
• Budget
• Checks Balances
• Expenditures

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Article 11Constitutional Supremacy

• This article should explain how constitutional
  amendments may be made, as well as the procedure
  for adopting this constitution and any future
  amendments. At a minimum, the constitution should
  be voted on and approved by the membership of the
  nation. A validation of the constitution should
  include the signature of at the nations chief
  and primary adviser, the date of the document and
  the place of the meeting that it was agreed at.
• Example This constitution takes precedence over
  any and all by-laws.

• Supremacy
• Amendments
• Initiation
• Voting
• Ratification

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Article 12 International Affairs

• Treaties
• Alliances Affiliations
• Imports and Exports
• Foreign Business Tax
• Example This nation is a recognized nation at
  Canada, but is not part of Canada.

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Applying Section

• Acceptance and Legitimacy
• Principles, Values Beliefs
• Referendum
• Activity 1 Good Rules
• Activity 2 Giving Consent

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Applying activity 1 Good Rules

• Steps
• As a group, review the newly written
  Constitution.
• Apply the Good Rules test.
• Record responses to test.
• Warning Careful not to allow participants debate
  the value or usefulness of the articles at this
  point.
• Determine the articles which could be adopted.
• Determine the rules which should be removed.
• Revised the remaining rules by way of discussion.
• Final opportunity for additions to the
  constitution.
• Time 30 minutes

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Handout Good Rules

• Said simply?
• Easy to Follow?
• Enforceable?
• Not in conflict with other rules?

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Applying Activity 2Giving Consent

• Steps
• Post the Referendum Rules.
• Review the rules.
• Select an Election Committee.
• Develop a voters list.
• Develop the ballots.
• Conduct the referendum.
• Announce the results.
• Time 30 minutes

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Handout Referendum Rules

• Citizens of the nation as of September 1, 2006
  are eligible to vote in the referendum.
• All discussion related to the referendum should
  be held on November 1, 2006.
• Ballots will be sent via mail to all eligible
  voters on December 27, 2006, and must be returned
  by December 31, 2006, 2359.
• Full instructions will be included in the ballot.
  
• Ballots will be held confidential during the
  referendum, but an archive of all submitted
  ballots will be made publicly accessible at its
  conclusion.
• The Elections Committee is responsible for
  counting the ballots, after taking appropriate
  action to fix spoiled ballots.
• The Elections Committee will announce preliminary
  results as soon as possible after the referendum
  closes, along with instructions on how to access
  the ballot archive and how to independently
  verify the vote count.
• Any eligible voter may challenge the preliminary
  results by mail prior to January 22, 2007.
• The decision of the Elections Committee as to any
  challenge shall be final.
• Once any challenges have been resolved, the
  Elections Committee shall announce the final
  results.
• Any questions regarding these procedures should
  be directed to the Elections Committee by mail.
• The committee shall have the power to make any
  necessary changes or clarifications to these
  rules at any point during the referendum.

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Ekosi!

• The End