Below, please see the Questions & Answers to your Eligibility and Enrolment questions
Is the vote fair for the people of Kitsumkalum?
The vote, once held, will be transparent and fair for all.
There is a very stringent process in place to ensure anyone being registered to vote is of Kitsumkalum heritage. Although someone applying to vote may not currently be a Kitsumkalum Band Member, if they can verify Kitsumkalum ancestry and eligibility by completing Application 2: Kitsumkalum Treaty Enrollment Application Form for Band Members without a Band/Status Number and for non-Band Members, only then would they be registered to vote.
Application 2 is very clear, that any applicant applying for membership as an individual with Kitsumkalum ancestry, must provide documentation that establishes their ancestry along a single mother or father line, as well as provide the facts relevant to the eligibility criteria. Further, all information submitted will be reviewed by the Eligibility and Enrolment Coordinator, and the Enrolment Committee, to verify the information’s validity.
Please review the Eligibility and Enrolment Application 2 to review the information an applicant must provide, to confirm their eligibility, so that you can see for yourself the stringent process we are undertaking to ensure fairness of process.
If a member was in the band years ago, but still doesn’t have a band number, are they still able to vote?
This will depend on the specific circumstances of the individual. In this instance, the individual would need to complete the Eligibility and Enrolment Application 2. Application 2 is very clear, that any applicant applying for membership as an individual with Kitsumkalum ancestry, must provide documentation that establishes their ancestry along a single mother or father line, as well as provide the facts relevant to the eligibility criteria. Further, all information submitted will be reviewed by the Eligibility and Enrolment Coordinator, and the Enrolment Committee, to verify the information’s validity.
A person who has transferred to Kitsumkalum but hasn’t gotten a status number yet … are people going to fall through the cracks, who are eligible but don’t have a status number and that would disqualify them from voting?
There are several things as far as eligible identification that would apply, for example, if we had something that showed that they have been accepted as a band member and that they actually made the application for a status card, that is something we would consider. That is another reason why there will be an Enrolment Committee, to ensure these kinds of discussions would happen (at that committee) and make the decision to approve.
What date do we need to register by? When is the deadline for enrolment?
We ask that you register prior to the vote, but you are allowed to register up to and including the day of the vote.
Will we get confirmation we have registered?
Yes, you will get an email confirmation that you have registered.
What is the percentage of members that need to be enrolled for a vote to take place? If only 50 people enrol, what do we do?
Currently, under any law, there is no legal threshold that must be met for a vote to be held or considered valid. For example, under a Canadian Federal Election, if only 50 people in Canada voted, and 26 voted for a particular Prime Minister, that individual would still be selected as Prime Minister, because that was the vote, and anyone in Canada had the opportunity to vote, but opted not too. If you are given the opportunity to vote, but choose not to, you cannot then say the vote was not valid because you didn’t vote or enrol to vote.
In addition to the above, voting will be based on a double majority, which means, if 100 members are registered to vote, 51 must vote for the vote to be valid. Of the 51 members that vote, 26 must vote yes for the vote to pass. So, for example, if only 25 members voted, but everyone that voted said yes to the treaty, the vote would not pass, and the treaty would not be ratified, even though every member that voted said yes to the treaty.
If someone doesn’t enrol to vote, what happens with treaty membership? Will there be another enrolment for Treaty membership? Is this the same enrolment as the treaty membership, or is there another enrolment into ratification?
One enrolment.
Anyone enrolled to vote will be included in the treaty membership if the treaty is ratified.
Anyone not enrolled to vote will not be part of the treaty membership if the treaty is ratified.
Following treaty ratification, a Membership Act will be established, that will include a process for registering non-treaty members into the treaty.
Once members enrol, do they have to vote?
No.
If not a spring vote, when?
At this time, a date for the vote date has not been set. There is no plan to hold a spring 2025 vote. Currently, the earliest a vote would be held would be late fall/early winter 2025.
How are the enrolment committee members chosen?
The members selected to sit on the Enrolment Committee are those members that sat on the original Constitution Committee.
If the vote is a no, what does Kitsumkalum do then?
Under a no vote Kitsumkalum would remain under the Indian Act, and the negotiated benefits of the treaty would be lost.
Do we have the programs/capacity or tools?
Several Implementation plans are being developed to address this, include the 10 year post ratification Implementation plan being developed jointly by Canada, British Columbia and Kitsumkalum.
Will we receive membership updates?
Yes, membership updates will be an ongoing process.
Why is the Supreme Court of British Columbia involved in E&E appeal disputes when we are under federal government jurisdiction?
Because Kitsumkalum is in BC, it is a BC entity, even though Canada is apart of the process. Further, this is the process as negotiated at the treaty table between Canada, British Columbia, and Kitsumkalum.
Was there already a supreme court decision on Enrolment and Eligibility in a different community?
No
If somebody apples from another band, will they be eligible to vote?
They would have to show through a band council resolution from their band that they have made the application to withdraw from the Band they are a member of, because they want to be apart of Kitsumkalum. They would also have to show the history and ancestry to Kitsumkalum through completion of the Eligibility and Enrolment Application 2 to be eligible to vote.
Double dipping concern, need to look into that.
This can not happen. Legally in Canada you can’t belong to 2 treaty nations, therefore anyone wanting to join Kitsumkalum would have to prove they are withdrawing their membership from the Band they are currently in and show ancestry to Kitsumkalum by completing the Eligibility and Enrolment Application 2.
