2018 ANNUAL GENERAL ASSEMBLY PROPOSED SPECIAL RESOLUTIONS

Transcription

1 2018 ANNUAL GENERAL ASSEMBLY PROPOSED SPECIAL RESOLUTIONS CIRCULATED AND POSTED JULY 16, 2018

2 PROPOSED SPECIAL RESOLUTION #1 Special Resolution on Verifying All MNO Citizens Are Métis Rights-Holders and Meet Current MNO Citizenship Requirements WHEREAS the MNO has initiated the Registry and Self-Government Readiness Process (the Registry Review ) to determine how many MNO Citizens meet the current citizenship requirements set out in the MNO Bylaws and are verified Métis rightsholders; AND WHEREAS the MNO s legitimacy, credibility and future recognition as a Métis government will be built on its representation of Métis rights-holders and rights-bearing Métis communities in Ontario as well as its objectively verifiable citizenship registration system; AND WHEREAS the 2018 MNO AGA wants to establish a fair and transparent twoyear process to ensure all MNO Citizens are verified as Métis rights-holders and meet the current requirements for MNO citizenship by July 31, 2020; THEREFORE BE IT RESOLVED that the 2018 MNO AGA directs the following: 1. That the following Removal from the MNO Registry provision be added as the new section 7 to the MNO Bylaws: 7. All MNO Citizens must have documentation in their citizenship file to demonstrate that they meet the current MNO requirements for citizenship as set out in sections 4 and 5 of the MNO Bylaws and MNO Registry Policy by July 31, If, as determined by the MNO Registrar through the process set out below, a MNO Citizen has an incomplete citizenship file on July 31, 2020, that individual will be removed from the MNO Registry and cease to be a MNO Citizen effective immediately. 7.1 On or before March 31, 2019, the MNO Registrar will write to all existing MNO Citizens at their last known mailing address, to make them aware as to whether their citizenship file meets the above-noted requirements (i.e., whether their citizenship file is complete or incomplete ). The onus is on individual MNO Citizens to provide the MNO Registry with the necessary documentation to complete their citizenship file and to keep their contact information with the MNO Registry up to date. 7.2 Upon receiving a letter from the MNO Registrar identifying their MNO citizenship file as incomplete, the individual shall have twelve (12) months to provide the outstanding documentation to the MNO Registry before 2

3 their file is determined to be officially incomplete. If, at any time during this period, the MNO Citizen provides the necessary documentation to complete their citizenship file, the MNO Registrar shall issue the Citizen a letter indicating their file is now complete. 7.3 Prior to or after the twelve (12) month notice, a MNO Citizen with an incomplete citizenship file may appeal the Registrar s determination for reasons other than missing documentation. An applicant may appeal the Registrar s decision by: a. completing a Registry Review Appeal Form and submitting said form, along with materials to be considered as a part of the appeal, to the MNO Registry; and b. including a payment of $ payable to the MNO for the administrative costs associated with the appeal, which will be returned to the MNO Citizen if their appeal is successful. 7.4 Upon receipt of the required items set out in section 7.3, the Registrar shall forward the contents of the MNO Citizen s citizenship file and the appeal materials to an independent, qualified genealogist or consulting firm with experience in Métis genealogy for review and consideration of the appeal. 7.5 The individual or firm identified above will review all of the appeal documents and the appellant s citizenship file based on the MNO Bylaws and Registry Policy in order to determine whether they will uphold or overturn the Registrar s determination. A letter setting out the reasons for upholding or overturning the Registrar s determination will be provided to the MNO and the appellant. This decision shall be final and binding on the parties. Best efforts will be made for the appeal will be completed within ninety (90) days of the materials being provided to the individual or firm. 7.6 If an existing MNO Citizen has an appeal pending as of July 31, 2020, they will still be removed from the MNO Registry and cease to be a MNO Citizen as of that date, however, if their appeal is ultimately successful they will have their citizenship reinstated on the date of the successful appeal decision and will not have to reapply for MNO citizenship. 7.7 Subject to meeting all MNO citizenship application requirements that are in place, any individual who was removed from the MNO Registry and ceased to be a MNO Citizen as of July 31, 2020, may re-apply for MNO citizenship. 3

4 2. That section 5 of the current MNO Registry Policy Guidelines be replaced with: No registered MNO citizen will be removed from the MNO Registry unless: a. the MNO Citizen requests, in writing, to have their name removed from the MNO Registry; or b. the MNO Citizen is removed pursuant to the authorities and processes set out in the MNO Bylaws. MNO AGA pursuant to MNO Policy # : Margaret Froh, Sharon Cadeau, Pauline Richardson, Theresa Stenlund, Mitchell Case, Verna Porter-Brunelle, Joseph Bergie, Ali Dusome, Kelly Duquette, Paul Robitaille, Shari Smale, Jordyn Playne, Donna Grayer. 4

5 PROPOSED SPECIAL RESOLUTION #2 Verifying All Future Elected or Appointed MNO Officials Are Métis Rights-Holders and Meet Current MNO Citizenship Requirements WHEREAS the MNO s democratically elected leadership at the provincial, regional and local levels are mandated to make important decisions on behalf of Métis rights-holders, rights-bearing Métis communities and the future of the MNO as a Métis government; AND WHEREAS the 2018 MNO AGA wants to ensure that important future decisions about Métis rights and self-government issues are being made by Métis rightsholders for Métis rights-holders, including, decisions relating to Crown consultation and accommodation on Métis rights, the advancement and resolution of Métis land related claims and the structure of our future Métis government, amongst many others; THEREFORE BE IT RESOLVED that the 2018 MNO AGA directs: 1. The following be added as section 1.1 to MNO Bylaws: 1.1 All MNO Citizens seeking to hold an elected or appointed office within the MNO must have a citizenship file that meets the current requirements as set out in sections 4 and 5 of the MNO Bylaws, as determined by the MNO Registrar. More specifically, the processes set out in MNO Policy # : Policy for Holding Elected Office in the MNO, as amended from time to time, must be followed. MNO AGA pursuant to MNO Policy # : Margaret Froh, Sharon Cadeau, Pauline Richardson, Theresa Stenlund, Mitchell Case, Verna Porter-Brunelle, Joseph Bergie, Ali Dusome, Kelly Duquette, David Dusome, Peter Coture, Larry Duval, Paul Robitaille, Shari Smale, Jordyn Playne, Taylor McNally, Donna Grayer. 5

6 PROPOSED SPECIAL RESOLUTION #3 Verifying All Current Elected or Appointed MNO Officials Are Métis Rights- Holders and Meet Current MNO Citizenship Requirements WHEREAS the MNO s democratically elected leadership at the provincial, regional and local levels are mandated to make important decisions on behalf of Métis rights-holders, rights-bearing Métis communities and the future of the MNO as a Métis government; AND WHEREAS the 2018 MNO AGA wants to ensure that important current decisions about Métis rights and self-government issues are being made by Métis rights-holders for Métis rights-holders, including, decisions relating to Crown consultation and accommodation on Métis rights, the advancement and resolution of Métis land related claims and the structure of our future Métis government, amongst many others; THEREFORE BE IT RESOLVED that the 2018 MNO AGA directs: 1. The following be added as section 1.2 to the MNO Bylaws: 1.2 If an MNO Citizen that is currently holding an elected or appointed office within the MNO is found to have an incomplete citizenship file, the individual shall be provided written notice from the MNO Registrar. From that notice date, the MNO Citizen shall have twelve (12) months to provide the necessary outstanding documentation to complete their citizenship file or their office shall be deemed to be vacated. Related to this provision, the following applies: An individual who is removed from an elected or appointed office is not automatically removed from the MNO Registry as an MNO Citizen An individual who is provided notice under section 1.2 has a right to appeal the Registrar s determination pursuant to the appeal processes set out in section 7.3, 7.4 and 7.5 of the MNO Bylaws as long as said appeal is filed ninety (90) days prior to the end of the twelve (12) month notice period provided. No elected or appointed office shall be deemed vacant until the appeal process guaranteed under section is complete. 6

7 1.2.3 An individual who is deemed to have vacated their elected or appointed office may seek office again if their citizenship file is subsequently determined to be complete by the MNO Registrar For greater certainty, the provisions set out above apply to the PCMNO, notwithstanding section 5 of the MNO Secretariat Act, based on the longstanding condition precedent in section 23(i) of the MNO Bylaws that all councilors must meet the definition of Métis set out in section 4(a) of the MNO Bylaws and the fundamental right of Métis to ensure Métis rights-holders are representing them at the regional and provincial levels. MNO AGA pursuant to MNO Policy # : Margaret Froh, Sharon Cadeau, Pauline Richardson, Theresa Stenlund, Mitchell Case, Verna Porter-Brunelle, Joseph Bergie, Ali Dusome, Kelly Duquette, David Dusome, Peter Coture, Larry Duval, Paul Robitaille, Shari Smale, Jordyn Playne, Taylor McNally, Donna Grayer. 7

8 PROPOSED SPECIAL RESOLUTION #4 Special Resolution on Changes to MNO Citizenship Definition and Registry Policy WHEREAS the MNO through previous MNO AGAs has adopted a MNO definition of Métis as set out in section 4(a) of the MNO Bylaws and further explained in the MNO Registry Policy; AND WHEREAS this MNO definition of Métis has now been in place for almost 15 years and is fundamental to the MNO s position that all of its Citizens who meet this definition are Métis rights-holders; AND WHEREAS each year the MNO AGA is held in a different location across the province, which does not always allow for adequate and fair representation from all Citizens and rights-bearing Métis communities across the province; THEREFORE BE IT RESOLVED that the 2018 MNO AGA directs: 1. That the following sections be added to the MNO Bylaws: 4(b) 4(c) The definition of Métis in section 4(a) shall only be changed after two consecutive General Assemblies have passed special resolutions agreeing to said changes. For greater certainty, no resolution of the PCMNO can alter the definition of Métis in section 4(a) before the requirements of section 4(b) are met. MNO AGA pursuant to MNO Policy # : Margaret Froh, Sharon Cadeau, Pauline Richardson, Mitchell Case, Verna Porter-Brunelle, Joseph Bergie, Ali Dusome, Kelly Duquette, David Dusome, Peter Coture, Larry Duval, Paul Robitaille, Shari Smale, Jordyn Playne, Taylor McNally, Donna Grayer. 8

9 PROPOSED SPECIAL RESOLUTION #5 Recommended Changes to Section 1 of the MNO Bylaws as detailed: WHEREAS the PCMNO reviewed several proposed revisions to the MNO Bylaws on July 7 th, 2018, and provided approval to proceed with making recommended revisions to the MNO Bylaws by way of Special Resolution as per Section 59 of the MNO Bylaws; THEREFORE BE IT RESOLVED that the 2018 MNO AGA approves the recommended revision to the MNO Bylaws: 1. In Section 1 in reference to the Women s Secretariat remove Secretariat and replace with Council MNO AGA pursuant to MNO Policy # : Margaret Froh, Mitchell Case. 9

10 PROPOSED SPECIAL RESOLUTION #6 Recommended Changes to Section 15 of the MNO Bylaws as detailed: WHEREAS the PCMNO reviewed several proposed revisions to the MNO Bylaws on July 7 th, 2018, and provided approval to proceed with making recommended revisions to the MNO Bylaws by way of Special Resolution as per Section 59 of the MNO Bylaws. THEREFORE BE IT RESOLVED that the 2018 MNO AGA approves the recommended revision to the MNO Bylaws: 1. In Section 15 on Provincial Secretaries remove the references to provincial secretaries and replace with provincial ministers. MNO AGA pursuant to MNO Policy # : Margaret Froh, Mitchell Case. 10

11 PROPOSED SPECIAL RESOLUTION #7 Recommended Changes to Section 28 of the MNO Bylaws as detailed: WHEREAS the PCMNO reviewed several proposed revisions to the MNO Bylaws on July 7 th, 2018, and provided approval to proceed with making recommended revisions to the MNO Bylaws by way of Special Resolution as per Section 59 of the MNO Bylaws. THEREFORE BE IT RESOLVED that the 2018 MNO AGA approves the recommended revision to the MNO Bylaws: 1. In Section 28 on Compensation for Councilors PCMNO Councilors not MNO Employees or Community Councilors remove: A councilor may be remunerated or paid reasonable expenses incurred by him or her in the performance of his or her duties. A councilor may, provide services to MNO under a term contract for services. a. A councilor may not, during his or her term of office as councilor, concurrently be an employee of MNO. b. A councilor may not, during his or her term of office as councilor, concurrently serve as an elected community council member. And replace with the following: A councilor may be remunerated or paid reasonable expenses incurred by him or her in the performance of his or her duties. a. A councilor may not, during his or her term of office as councilor, concurrently receive compensation from the MNO in excess of (i) the compensation payable by MNO to the councilor on account of his or her position as councilor and (ii) such additional compensation as is reported to the PCMNO by the councilor for other duties performed or services provided by such councilor. b. A councilor may not, during his or her term of office as councilor, concurrently serve as an elected community council member. MNO AGA pursuant to MNO Policy # : Margaret Froh, Mitchell Case. 11

12 PROPOSED SPECIAL RESOLUTION #8 Recommended Changes to Section 53 of the MNO Bylaws WHEREAS the PCMNO reviewed several proposed revisions to the MNO Bylaws on July 7 th, 2018, and provided approval to proceed with making recommended revisions to the MNO Bylaws by way of Special Resolution as per Section 59 of the MNO Bylaws. THEREFORE BE IT RESOLVED that the 2018 MNO AGA approves the recommended revision to the MNO Bylaws: 1. In Section 53 on Finance Committee remove: The PCMNO shall establish a finance committee, which shall be composed of four (4) appointed members of the PCMNO, one of whom shall be the secretarytreasurer who shall assume the position of chair of the finance committee. a. The president shall sit on the finance committee in an exofficio capacity and shall be a non-voting member. b. The finance committee will meet quarterly and shall be responsible to oversee and monitor the finances of the MNO. c. The finance committee shall be responsible to prepare quarterly financial statements and quarterly budget projections. And replace with the following: The PCMNO shall establish a Finance and Audit Committee, which shall be composed of six (6) appointed members of the PCMNO and composition shall be as follows: a. The Secretary Treasurer shall assume the position of Chair of the committee (exofficio, voting only to break a tie vote) b. The president shall sit on the committee in an ex- officio capacity and shall be a non-voting member. c. One (1) PCMNO Senator appointed by the PCMNO Senators (voting) d. Three (3) PCMNO members at large appointed by PCMNO, at least two of which shall be Regional Councilors (voting). e. The Finance and Audit Committee will meet at least three times a year and shall be responsible to oversee and monitor the finances of the MNO. MNO AGA pursuant to MNO Policy # : Margaret Froh, Mitchell Case. 12

13 PROPOSED SPECIAL RESOLUTION #9 MNO Electoral Code Amendment WHEREAS the Métis Nation of Ontario Registry has gone to great lengths in establishing the current list of MNO Root Ancestors for the MNO citizenship registry files; AND WHEREAS the Province of Ontario has officially confirmed the seven Historic Métis Communities for Ontario. THEREFORE BE IT RESOLVED that the MNO Electoral Code: Part A; Article 6: Nomination of Candidates: Section 6.3; Eligibility of Nomination; Sub-section (b) be amended to read as follows: a. be born in the Province of Ontario, b. be in possession of a Verified Métis Nation of Ontario Citizenship Card and/or a current MNO Harvester s Card; and c. have a valid Genealogical Connection Confirmation Letter from MNO Registrar, confirming linkage to one of the seven Ontario Historic Métis Communities. MNO AGA pursuant to MNO Policy # : Pauline Richardson, David Dusome, Peter Coture, Larry Duval. 13

14 PROPOSED SPECIAL RESOLUTION #10 Amendment to MNO By-law Section 23(i) WHEREAS the PCMNO posted MNO Policy # on February 28, 2018; AND WHEREAS section 23(i) of the MNO Bylaws requires that all PCMNO Councillors meet the MNO s current definition or their office may be deemed vacate. AND WHEREAS this provision in the MNO Bylaws was adopted by the MNO AGA to ensure those holding position on PCMNO are verified as Métis and a Métis Rights- Holder; AND WHEREAS the Province of Ontario now recognizes the MNO Citizenship Registry as being complete and has lifted the Harvesting Card Cap; THEREFORE BE IT RESOLVED that the requirements for elected office in the MNO be as follows: a. Be born in the Province of Ontario, b. Be in possession of a Verified Métis Nation of Ontario Citizenship Card and/or a current MNO Harvester s Card c. Have a valid Genealogical Connection Confirmation Letter from MNO Registrar, confirming linkage to one of the seven Ontario Historic Métis Communities. MNO AGA pursuant to MNO Policy # : Pauline Richardson, David Dusome, Peter Coture, Larry Duval. 14

15 PROPOSED SPECIAL RESOLUTION #11 Resolution on PCMNO Councillors WHEREAS MNO Citizens elected or appointed PCMNO Councillors are; or ought to be knowledgeable of the duties and responsibilities that the PCMNO Councillor position with they hold requires. AND WHEREAS performing their respective Councillor duties well in the service of MNO Citizens applies in large part to attending PCMNO and/or PCMNO Committee meetings on a regular and ongoing basis. THEREFORE BE IT RESOLVED that a PCMNO Councillor who does not attend three consecutive scheduled PCMNO meetings will be deemed to have abandoned her/his position unless that Councillor provides a reason satisfactory and acceptable to PCMNO for having not attended the three consecutive PCMNO meetings. BE IT FURTHER RESOLVED that the Councillor in question will provide the reasons for his/her not attending the meetings not later than the regular PCMNO meeting next scheduled after she/he has not attended the three consecutive meetings. Failure to provide within the stated time frame the satisfactory and acceptable reason to PCMNO for not attending the three PCMNO consecutive meetings will be considered resigning from PCMNO and PCMNO will begin the process of selecting an MNO Citizen replacement for the vacant position as soon as practicable. MNO AGA pursuant to MNO Policy # : Joseph Poitras. Rene Gravelle also submitted this resolution, but no signature or MNO citizenship number was provided. 15

16 PROPOSED SPECIAL RESOLUTION #12 WHEREAS many Community Councils do not have a formal effective transparent process for tracking their funds and/or other assets stated in their respective governance documents. AND WHEREAS the responsibility for ensuring that all of the Community Council assets are properly recorded in the Community Councils records falls within the duties and responsibility of the Secretary-Treasurer only; AND WHEREAS most Community Council Treasurers desire making it known to their Community Council and to their Citizens that they are performing all their duties and responsibilities honestly, professionally and done well. THEREFORE BE IT RESOLVED that each and every Community Council will elect/appoint three (3) Citizen members of their Council to act as Auditors to audit the Councils Finances and assets at least twice (2) in each calendar year and prepare a report to their Council on the state of Council s finances and assets with or without recommendations to Council and or the Council Treasurer. MNO AGA pursuant to MNO Policy # : Joseph Poitras. Rene Gravelle also submitted this resolution, but no signature or MNO citizenship number was provided. 16

17 PROPOSED SPECIAL RESOLUTION #13 Special Resolution for Name Change of Regional Councilors WHEREAS the MNO Bylaws identify in section 14 (a) Regional Councilors shall be Ordinarily Resident in the region in which they are elected for the duration of their term of office does not represent positions accurately. AND WHEREAS the PCMNO Regional Councilors believe that we should have a stronger name to represent our positions within the Métis Nation of Ontario. THEREFORE BE IT RESOLVED that the 2018 AGA adopt the name change process to rename the PCMNO Regional Councilor position to something more reflective of this important leadership position. This proposed resolution, along with their respective MNO citizenship numbers (no signatures provided), were received from the following individuals and will be provided to the 2018 MNO AGA pursuant to MNO Policy # : Cameron Burgess, Pauline Richardson. 17