As per the KDFN Constitution:
Introduction of Kwanlin Dün First Nation laws
- Any member of the Council may introduce a motion to enact, amend or repeal any Kwanlin Dün First Nation law.
- A proposed Kwanlin Dün First Nation law may be introduced as either:
- an Act, which may not deal with more than one broadly defined subject matter; or
- a Regulation, which may be made only under the authority of a specific Act, may deal only with a matter authorised by that specific Act, and must be consistent in all respects with that specific Act.
- An Act or a Regulation, or any provision of that Act or Regulation, comes into effect as of:
- the date on which it is enacted; or
- a different date determined in accordance with that Act or Regulation.
Process to Enact Law
Process to Enact Law - Flowchart
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- The Council will have enacted an Act or Regulation when the following events have occurred:
- at the meeting of the Council at which the motion is first made, the Council has decided by Preliminary Vote, to accept the introduction of that Act or Regulation for later consideration;
- a notice concerning the proposed Act or Regulation has been published, copies have been made available to Citizens, and those Citizens have been informed how they can submit their opinions concerning the proposed Act or Regulation;
- at a second meeting of the Council held after the period of time for public discussion, the Council has debated both the general purpose and the details of the proposed Act or Regulation, and decided by Preliminary Vote to accept the proposed Act or Regulation, with or without amendments;
- at a third meeting of the Council, held at least 14 days after the meeting referred to in paragraph (c), the Council has decided by final vote to enact the proposed Act or Regulation; and
- the Chief and a quorum of Councillors has signed the Act or Regulation.
- If at least twenty-five Citizens submit a Citizens' order to the Council to hold a public hearing regarding a proposed Act or Regulation, the Council must:
- hold such a hearing before considering the proposed Act or Regulation under subsection (1)(c); and
- consider a report from the public hearing during the course of its debate under subsection (1)(c).
- The Chief, and a quorum of Councillors, must sign a law that has been passed in accordance with the Constitution.
Registry of Laws
- The Kwanlin Dün First Nation must establish a Registry of Kwanlin Dün First Nation law, and deposit in the Registry an original copy of every law enacted by the Council.
- A certified copy of a law deposited in the Registry of Kwanlin Dün First Nation law is conclusive evidence of the provisions of that law.
- The Registry of Kwanlin Dün First Nation law is a public record.
Challenges to Legislation - Flowchart
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Challenges to Legislation and other Legislative Procedures
- Subject to subsection (2), the validity of a Kwanlin Dün First Nation law may be challenged in the Yukon Supreme Court.
- Before a person may challenge the validity of a Kwanlin Dün First Nation law in the Yukon Supreme Court, that person must first exhaust any other procedures established by Kwanlin Dün legislation for challenging the validity of that law.
- The Council may enact laws consistent with the Constitution establishing additional procedures relating to:
- the enactment of Kwanlin Dün First Nation laws;
- challenging the validity of Kwanlin Dün First Nation laws; or
- operation of the Registry of Kwanlin Dün First Nation laws.