Part II - Enacted First Nations Legislation

Decision Information

Moose Cree First Nation Kâ Kišewâtisîcik Walašowewin

Part	Part II - Enacted First Nations Legislation
Legal Authority	Other
Province or Territory	Ontario
First Nation	Moose Cree First Nation
Type	Children, youth and families

Decision Content

Moose Cree First Nation

ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ ᐧᐋᓚᔓᐧᐁᐧᐁᓐ Kâ Kišewâtisîcik Walašowewin

Passed into law by Moose Cree First Nation on November 13, 2024

Not yet in force

Citation: Moose Cree First Nation: Kâ Kišewâtisîcik Walašowewin, 2024.

OPENING PRAYER ᒥᓯᐧᐁ ᓃᓛᓐ ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ

- 3 -

Misiwe nîlân môso sîpîwililiwak

ᑭᓇᓈᔅᑯᒥᑎᓈᓐ ᑭᔐ ᒪᓂᑐᐤ kinanâskomitinân kiše manitow

ᐁ ᑮᓈᑲᒋᐦᐃᔮᒃ ᑕᔑᓀ

ᐁ ᑮᔖᐳᔅᑲᒫᒃ ᐊᓕᒥᓯᐧᐃᓐ

ᒪᔥᑲᐧᐃᓰᐧᐃᓐ ᐁ ᑮᒥᓕᐧᔮᒃ ᑭᒋᐧᐄᒋᐦᐃᑯᔮᒃ

ᓀᔥᑕ ᑭᒋ ᐧᐄᒋᐦᐃᑎᓯᐅᔮᒃ

ᐁ ᑮᒦᓕᔮᒃ ᐅᒪ ᐊᔅᑭᔾ ᑲ ᐅᐦᒋ ᐱᒫᒋᐦᐅᔮᒃ

ᐃᔅᐲᒋ ᒐᐦᑳᓯᑫᑦ ᐲᓯᒻ ᐃᔅᐲᒋ ᐱᒥᒋᐧᐊᒃ ᓂᐱᔾ ᐃᔅᐲᒋ ᓂᐦᑖᐧᐃᑭ ᒪᔥᑯᔑᔭ ᐃᔅᐲᒋ ᓗᑎᒃ ᔕᐧᐁᓕᒥᒃ ᐊᐧᐋᔑᔕᒃ ᓀᔥᑕ ᐅᔥᑭᓃᑭᐧᐊᒃ

ᓀᔥᑕ ᐅᓃᑭᐦᐃᑯᒫᐧᐊᒃ ᓀᔥᑕ ᑭᔐᐦᐋᐧᐊᒃ

ᒫᑲ ᐧᐋᑯᒫᑲᓇᒃ ᑳᑭᑫ ᓀᔥᑕ ᑳᑭᑫ ᐁᑯᑌ

e kînâkacihiyâk tašine

e kîšâpoškamâk âlimisiwin

maškawisîwin e kîmîliyak kici wîcihikoyâk

nešta kici wîcihitisoyâk

e kîmîliyâk oma askiy ka ohci pimâcihoyâk

We, the Moose River people

give thanks to you Creator

for taking care of us always

that we have been able to go through hardship

for giving us the strength that helps us

and also that we may help ourselves

for giving us this land that gives us life

ispîci cahkâsiket pîsim As long as the sun shines ispîci pimiciwak nipiy As long as the water flows ispîci nihtâwiki maškošiya As long as the grass grows ispîci lotik As long as the wind blows šawelimik awâšišak nešta Bless the children and oškinîkowak young people

nešta onîkihikomâwak nešta kišehâwak

mâka wâkomâkanak kâkike nešta kâkike Ekote

And the parents and elders

And the relatives Forever and ever So be it

- 4 - PREAMBLE The foundation of this law is based on ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak natural laws as voiced by the people.

We have the inherent right given to us from the Creator to assert our sovereignty, to exist as a nation, and to be self-determining as a people in our Homelands and with respect to our governance, economy, education, culture, and social system, including with respect to our systems for making and reviewing decisions.

Our inherent rights have existed since time immemorial. Our Treaty with the Crown is a nation-to-nation agreement which is sacred and enduring. We agreed to share with the visitors from across the ocean, as witnessed by the Creator in this sacred oral agreement.

Our ancestors made Treaty #9 in 1905 along the Môso Sîpîy.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes our inherent rights as ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak including the right to self-determination as per Articles 3-5 and further to Articles 18, 20 and 23, while in Article 1 it acknowledges and respects our human rights as ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak, like all other peoples of this Earth.

UNDRIP was passed by the United Nations General Assembly in 2007. The Government of Canada endorsed UNDRIP in 2010 and passed the UNDRIP Act in 2021.

The Constitution Act, 1982, the highest law of the Canadian government, affirms our inherent and treaty rights as ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak in section 35, and guards these rights against interference.

Section 35 became part of Canada’s constitution in 1982. The Act respecting First Nations, Inuit and Métis children, youth and families (Canada) confirms our full jurisdiction in child and family services, linked with the Government of Canada's commitments to implementing UNDRIP and honouring our section 35 rights. It confirms that this jurisdiction includes the authority to

- 5 -

administer and enforce our laws, including by providing for our own dispute resolution mechanisms.

This federal legislation was passed in 2019 and came into force in 2020. Taking into account the legal framework set out above, Moose Cree First Nation makes this ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ ᐧᐋᓚᔓᐧᐁᐧᐁᓐ Kâ Kišewâtisîcik Walašowewin under our inherent rights and jurisdiction.

Our enactment of this law included a ratification process with our citizens, and the endorsement of our Chief & Council.

This is the people’s law: the law of the ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak.

PART 1: ESTABLISHMENT OF ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ KÂ KIŠEWÂTISÎCIK

Establishment 1. The ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik is established as the final dispute resolution body of Moose Cree First Nation, in the areas of jurisdiction assigned to it.

The ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik is composed of ᑭᔐᐦᐋᐧᐊᒃ kišehâwak of Moose Cree First Nation, and:

a. Appointment to the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik shall be made on the basis of the following qualities:

ᑭᔐᐧᐋᑎᓯᐧᐃᓐ ᑲᑫᐦᑖᐧᐁᓕᐦᑕᒧᐧᐃᓐ ᑲᔭᔅᑭᑖᑎᓰᐧᐃᓐ

Kišewâtisiwin Kindness Kakehtâwelihtamowin Wisdom kwayaskitâtisîwin Righteousness/Fairness

b. The number of ᑭᔐᐦᐋᐧᐊᒃ kišehâwak on the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik may be determined by Chief & Council, with a minimum of 5;

- 6 -

c. The process for appointment shall include the following, and further details may be specified by regulations:

i. A nomination process, in which Moose Cree citizens may nominate a person and state the reasons for nominating that person;

ii. A confirmation of interest, in which a nominee confirms their willingness to serve in the position;

iii. A verification process, which may include review of information on the nominee’s personal history and experience, as determined by Chief & Council; and

iv. After the steps above, appointment by Chief & Council.

PART 2: JURISDICTION Jurisdiction 3. The areas of jurisdiction of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik are: a. Decisions assigned under the ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ ᐯᔭᑰᑌᓯᐧᐃ ᐧᐋᓚᔓᐧᐁᐧᐁᓐ Môso Sîpîwililiwak Peyakôtesiwi Walašowewin (Moose Cree First Nation).

4. 5.

Section 3 may be amended by Chief & Council. Decisions of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik are final and not subject to appeal or review.

Decisions of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik are to be made independently of Chief & Council and shall not be influenced or determined by Chief & Council.

- 7 - PART 3: GENERAL Financial 7. Remuneration of members of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik may be determined by Chief & Council.

A budget for ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik expenses, including technical and administrative support services, may be determined by Chief & Council.

The ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik and its members shall be financially accountable to Moose Cree First Nation, in compliance with the applicable policies of Moose Cree First Nation.

Procedures 10. The ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik may establish its own procedures, including how many of its members hear each case, and the establishment of its procedures may occur in writing or orally or both.

11. If s. 3 includes multiple areas of jurisdiction, the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik shall ensure that its members assigned to hear a case have strengths related to that area of jurisdiction.

12. The ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik shall ensure that the main substance of its decisions is recorded in writing and that a system of record-keeping is maintained.

13. Participation in faith-based practices by members of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik or others may be offered or engaged in as part of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik’s process, subject to respect for the personal choice of each person, and without creating a negative or positive impact in a decision based on a person’s personal choice about such participation.

Eligibility and Tenure 14. An appointment to the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik may be for up to 6 years, as determined by Chief & Council, and may be renewed.

15. A member of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik may not be a member of Chief & Council.

- 8 -

16. A member of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik ceases to be a member of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik:

a. Upon resignation; b. If their term of appointment ends and is not renewed; c. If they become a member of Chief & Council; d. Upon death, upon imprisonment, or if they are charged with an indictable offence during their tenure on the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik;

e. If information about a past offence arises that was not known by Chief & Council at the time of their appointment, and Chief & Council decides to revoke their appointment; or

f. If a majority of members of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik finds that they are no longer able to continue their duties or no longer fit to do so in the spirit of the qualities outlined in s. 2 (a) (Establishment).

Accountability 17. The ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik shall: a. Establish a conflict of interest policy to apply to its members and operations;

b. Provide an annual report to Chief & Council on its activities; and c. Report annually to Moose Cree First Nation citizens. 18. Complaints about the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik may be brought to the Executive Director of Moose Cree First Nation, and shall be handled in a manner consistent with the regulations.

Limitation on liability 19. No action may be instituted against the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik, or against a member, employee, volunteer, or contractor of the ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik, or against Moose Cree First Nation or any Chief, Councillor, employee, volunteer or contractor of Moose Cree First Nation, for any act

- 9 -

done in good faith in the execution or intended execution of a duty or power under this law or for an alleged neglect or default in good faith in the execution of that duty or power.

20. Section 19 does not limit complaints under s. 18 of this law (Accountability), the application of s. 16 of this law including the possibility of removal (Eligibility & Tenure), disciplinary proceedings of any kind, or the rights of Chief & Council under sections 2 and 14 of this law related to appointment and renewal (Establishment, and Eligibility & Tenure).

Regulations 21. Chief & Council may make any regulations it considers advisable further to this law so long as the regulations are consistent with this law.

22. Chief & Council has full discretion as to whether and when to make regulations on any matter under this law, and whether such regulations are to be separate or consolidated.

23. Unless otherwise set out in the regulation, a regulation comes into force on the day after it is published.

24. A regulation made under this law has the same force of law as this law subject to this law, and for greater certainty, to the extent this law prevails over a territorial, provincial, federal or other law, then a regulation made under this law has that same power and effect.

Amendment etc. 25. This law may be amended, replaced or repealed by Moose Cree First Nation if the amendment, replacement or repeal is:

a. Put forward for ratification by Chief & Council, and ratified by Moose Cree First Nation citizens in accordance with Moose Cree First Nation’s rules for ratification votes in place at the time the amendment, replacement or repeal is put forward; or

b. Adopted in accordance with such other procedures as Moose Cree First Nation may have in place under a Moose Cree First Nation law or constitution at the time the amendment, replacement or repeal is put forward.

- 10 -

26. Despite s. 25, this law may be amended solely with the approval of Chief & Council, following consultation with Moose Cree First Nation citizens:

a. To create consistency with another Moose Cree First Nation law, including a new law;

b. To address technical matters, clerical errors, or legal issues; c. To make other amendments that are reasonably considered minor and do not significantly change the overall scheme of the law; or

d. To amend s. 3 (Jurisdiction). Publication 27. Moose Cree First Nation is to ensure the publication of this law and of any regulations under this law, and such publication may be online or in another accessible manner.

Only for ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak 28. This law was created by and for ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak and belongs to the ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak, and:

a. This law along with its regulations and associated materials should not be applied to other peoples or copied by other First Nations or other governments or their organizations in order to apply the content to other peoples;

b. Any such copying or use is disavowed by Moose Cree First Nation, and Moose Cree First Nation holds no responsibility for any related risks or consequences.

Inherent Jurisdiction 29. This law is made under the inherent jurisdiction of the ᒨᓱ ᓰᐲᐧᐃᓕᓕᐧᐊᒃ Môso Sîpîwililiwak as governed by Moose Cree First Nation, and for greater certainty this law is not dependent on the Act respecting First Nations, Inuit and Métis children, youth and families (Canada), and survives any amendment, repeal or replacement of that Act.

- 11 -

Coming into force 30. The provisions of this law come into force on a day or days to be determined by the Chief & Council.

PART 4: DEFINITIONS & INTERPRETATION Definitions 31. In this law, the following definitions apply: a. “Chief & Council” means the Chief and Councillors of Moose Cree First Nation, acting as a Council duly elected and convened according to the applicable laws of Moose Cree First Nation, and any power of Chief & Council under this law may be exercised by a majority of a quorum of Chief & Council, which for greater certainty may or may not include the Chief;

b. “faith-based practices” includes any traditional, spiritual or religious ceremony or practice; and

c. “ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ Kâ Kišewâtisîcik” means the body established under s. 1. Interpretation 32. For purposes of interpretation, in this law: a. A reference to a “section” or “s.” means a reference to a section of this law, unless specified otherwise;

b. A reference to a “regulation” or “regulations” means a reference to a regulation made under this law, unless specified otherwise;

c. A reference to legislation is inclusive of subsequent versions of that legislation as amended or replaced from time to time;

d. “including” means including but not limited to; e. “day” means any calendar day, and does not exclude weekends or holidays;

- 12 -

f. “shall” and “must” are to be construed as imperative; g. “may” is to be construed as permissive; and h. Headings are for convenience only and shall not be used for interpretation except for context.

33. Moose Cree translations, plain language summaries, oral or visual summaries, and other guides or materials may be created about this law and its regulations, and are intended for purposes such as cultural value, convenience, learning and awareness, and ease of use.

34. In relation to any materials referred to in s. 33: a. No guarantees are given as to comprehensiveness or accuracy; b. Reliance on such materials is not a defence to a lack of compliance with this law and its regulations; and

c. This law and its regulations are considered authoritative. 35. The following Moose Cree terms used in this law have the following approximate translations:

Moose Cree – Syllabics

ᑳ ᑭᔐᐧᐋᑎᓰᒋᒃ

Moose Cree – Roman Orthography

Kâ Kišewâtisîcik

Approximate English Translation, for reference

the kind ones (approximately); this is

also a defined term, see s. 31

ᑲᑫᐦᑖᐧᐁᓕᐦᑕᒧᐧᐃᓐ ᑭᔐᐦᐋᐧᐊᒃ ᑭᔐᐧᐋᑎᓯᐧᐃᓐ ᐧᑲᔭᔅᑭᑖᑎᓰᐧᐃᓐ

kakehtâwelihtamowin kišehâwak kišewâtisiwin kwayaskitâtisîwin

Wisdom Elders Kindness Righteousness / Fairness

The Council of the MOOSE CREE FIRST NATION Date Quorum NOVEMBER 18, 2024

File Reference No. 2024-25-1929

SEVEN

Passage of Our Laws for Family Well-Being WHEREAS Moose Cree First Nation has inherent jurisdiction in relation to child and family services and well-being;

AND WHEREAS on August 9 th , 2024, the Council of Moose Cree First Nation reviewed and approved our draft laws Môso Sîpîwililiwak Peyakôtesiwi Walašowewin and Kâ Kišewâtisîcik Walašowewin, and sent them forward for ratification by Moose Cree citizens, confirming that if ratified they are considered to be adopted as laws of Moose Cree First Nation;

AND WHEREAS a ratification vote was held with voting dates beginning on October 22, 2024 and having concluded on November 13, 2024, and the Electoral Officer has confirmed that the decision of our people was to ratify these laws;

THEREFORE BE IT RESOLVED THAT the Council of Moose Cree First Nation: 1. Confirms that Môso Sîpîwililiwak Peyakôtesiwi Walašowewin and Kâ Kišewâtisîcik Walašowewin have been adopted as laws of Moose Cree First Nation, as of November 13, 2024; and

2. Confirms that these laws are not yet in force. As set out in each law, the Council of Moose Cree First Nation has the power to bring these laws into force.

________________________________ Chief

___________________________ Councillor

______________________________ Councillor

You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.

Do not display this message anymore