Chief & Council - Council Proceedings

Council Proceedings

As stated in the KDFN Constitution:

Meetings of the Council

  1. The Chief must convene a meeting of the Council:
    1. at least four times in each calendar year; and
    2. at other times at the written request of two or more members of the Council.
  2. In addition to the requirements of subsection (1), the Chief may convene a meeting of the Council at any time subject to the rules of procedure adopted for such meetings.
  3. At approximately 6 month intervals, the Chief must publish a tentative schedule of proposed meeting dates for the Council.
  4. The Council:
    1. must hold its meetings in the Traditional Territory;
    2. must ordinarily hold its meetings in public, but may hold all or part of a meeting in-camera;
    3. must not enact legislation during an in-camera meeting; and
    4. must keep a written record of all its meetings, and a public written record of its public meetings.

Procedures at Council Meetings

  1. A meeting of the Council may not begin, or continue, if fewer than 5 voting members are present.
  2. The Council must attempt to reach a consensus decision in any matter being considered by it. When consensus cannot be attained, a matter may be put to a vote, and the matter passes if it is supported by:
    1. a majority of the members who are present and voting; or
    2. a higher percentage of the members, if so required by this Constitution or Kwanlin Dün First Nation law.
  3. If a vote is taken on a matter, and results in a tie:
    1. the vote succeeds, if it concerns a Preliminary Vote on legislation, but
    2. the vote fails, if it concerns any other matter.
  4. The Council may establish rules of procedure, consistent with this Constitution, regarding its meetings and work.

Conditions of Service

  1. The Council may determine the compensation and benefits of the Chief and Councillors.

Requests to Council to Review its Decisions

  1. A Citizen may request the Council to reconsider any of its decisions, including the enactment or amendment of any Kwanlin Dün First Nation law, on the grounds that the decision appears to:
    1. be outside the jurisdiction of the Kwanlin Dün First Nation;
    2. violate the rights and freedoms of Citizens, as described in this Constitution, or the Canadian Charter of Rights and Freedoms;
    3. be inconsistent with this Constitution;
    4. authorize or require a person to perform an act that would be inconsistent with this Constitution, or contrary to Kwanlin Dün First Nation law; or
    5. have been taken in a manner inconsistent with the procedures described in Part 4 of this Chapter, if the decision resulted in the enactment or amendment of Kwanlin Dün First Nation law.
  2. The Council must consider any request under subsection (1) at its next meeting following receipt of the request.
  3. A decision that is the subject of a request under this section remains in force unless the Council changes or repeals it, subject to a decision of the Judicial Council under Section 56(1)(d).