HAIDA CONSTITUTION

A1.S1The Territories of the Haida Nation include the entire lands of Haida Gwaii, the surrounding waters, sub-surface and the air space. The waters include the entire Dixon Entrance, half of the Hecate Straits, halfway to Vancouver Island and Westward into the abyssal ocean depths.

A1.S2The Haida Nation recognizes the independent and separate jurisdiction of the Kaigani Haida.

A2.S1  All people of Haida ancestry are citizens of the Haida Nation.

A2.S2 The Haida Nation reserves the exclusive right to determine additional Haida citizenship through a formal process of the K’uljaad Gaa.nga Citizenship Table.

A2.S3 Adoption of persons not of Haida ancestry by Haida families does not confer Haida hereditary or aboriginal rights to the land or right to citizenship of the Haida Nation.

A2.S4 No external government or judiciary may impose rights of Haida citizenship to an individual who is not entitled by Haida ancestry.

A2.S5 “Citizen of Haida Gwaii” is an honorary designation, which may be conferred to a person who is not of Haida ancestry. Such bestowal shall not be construed as granting of Haida citizenship or Haida hereditary or aboriginal rights.

Collective Haida Rights

A3.S1The Haida Nation collectively holds hereditary and aboriginal title and rights to Haida territories.

A3.S2The Haida Nation collectively holds cultural and intellectual property rights of the Haida Nation and will protect the integrity of these rights.

Individual Rights

A3.S3 Every Haida citizen has a right to access all Haida Gwaii resources for cultural reasons, food, or commerce consistent with the laws of nature and as reflected in the laws of the Haida Nation.

A3.S4 Every Haida citizen has the freedom to remain in, enter, or leave the territories of the Haida Nation.

A3.S5 Every Haida citizen has the right to hold other citizenship as they choose.

A3.S6 Every Haida citizen has the right of conscience, religion, thought, belief, opinion, expression, association, and privacy.

A3.S7 Every Haida Citizen shall have access to all public records of the Council of the Haida Nation except in the case of someone found to be guilty of or suspected of treasonous acts, in which case, they will be informed of the reason for denying access.

A3.S8 No natural born Haida citizen can have their Haida citizenship taken from them.

A4.S1The official languages of the Haida Nation are Haida and English.

Council of the Haida Nation

A5.S1 The governing power of the Haida Nation shall be vested in the Council of the Haida Nation.

A5.S2 The Council of the Haida Nation shall uphold the principles embodied in the Haida Accord enacted by the hereditary chiefs, Council of the Haida Nation, Old Massett Village Council, and Skidegate Band Council.

A5.S3 The Council of the Haida Nation shall consist of fourteen elected representatives:

1. a President

2. a Vice President;

3. four regional representatives for HlGaagilda Skidegate;

4. four regional representatives for Gaw Tlagée Old Massett;

5. two regional representatives for T’agwan Vancouver; and

6. two regional representatives for Kxeen Prince Rupert.

A5.S4 The Council of the Haida Nation shall establish an Executive Committee and standing committees, and may establish ad hoc committees of elected representatives to carry out the Council of the Haida Nation mandate.

A5.S5 The Council of the Haida Nation may delegate a consenting Haida citizen to represent the Council of the Haida Nation on specific matters. Citizens representing the Council of the Haida Nation must abide by the Haida Nation’s laws, policies, and objectives. The Council of the Haida Nation may rescind this responsibility at any time.

Village and Band Councils

A5.S6In addition to the elected representatives, Old Massett Village Council and Skidegate Band Council will each appoint a councillor to the Council of the Haida Nation.

Hereditary Chiefs Council

A5.S7The potlatched hereditary chiefs will assemble as the Hereditary Chiefs Council to address issues of the Haida Nation.

A5.S8The hereditary chiefs will be notified of sittings of the Council of the Haida Nation and will be requested to attend.

Secretariat of the Haida Nation

A5.S9The Council of the Haida Nation shall establish and maintain the Secretariat of the Haida Nation.

A5.S10 The Secretariat of the Haida Nation will include representatives of the Council of the Haida Nation, Old Massett Village Council, Skidegate Band Council, and the Hereditary Chiefs Council. The Secretariat will report to the Council of the Haida Nation and to the House of Assembly.

House of Assembly

A5.S11 The lawmaking authority of the Haida Nation shall be vested in the House of Assembly.

A5.S12 The decisions of the voting Haida citizens of the Haida Nation at a House of Assembly will be applicable to the Council of the Haida Nation work, as identified by House of Assembly adopted procedures.

A5.S13 The Council of the Haida Nation will develop and enact policies pursuant to legislation adopted at the House of Assembly and in accordance with this Constitution.

A6.S1 The mandate of the Council of the Haida Nation is to steward the lands and waters of the Haida Territories on behalf of the Haida Nation, and to perpetuate Haida culture and language for future generations.

A6.S2 The Council of the Haida Nation shall strive for the full independence, sovereignty, and self-sufficiency of the Haida Nation.

A6.S3 The Council of the Haida Nation shall protect the domestic and foreign interests of the Haida Nation and territories through long-term strategies, negotiations, and steps consistent with this Constitution.

A6.S4 The Council of the Haida Nation shall promote peaceful co-existence with other people and governments without compromise to the objectives of the Haida Nation.

A6.S5 The Council of the Haida Nation, in carrying out its mandate, will strive for the betterment of rights for Indigenous peoples.

A6.S6 The Council of the Haida Nation shall establish land and ocean resource policies consistent with nature's ability to produce. The policies will be applicable to all users of the territories.

A6.S7 The Council of the Haida Nation shall regulate access to resources by citizens of the Haida Nation and other users of Haida Gwaii.

A6.S8The Council of the Haida Nation, through open and transparent consultation, will develop processes that will be implemented for the use and the allocation of potential benefits derived from the resources of HaidaGwaii for the benefit of the Haida Nation.

A6.S9The Council of the Haida Nation shall conduct the external affairs of the Haida Nation.

A6.S10 The Council of the Haida Nation shall provide for the common defense of the Haida Nation.

A6.S11 The Council of the Haida Nation shall keep the citizens of the Haida Nation fully informed by publishing reports and reporting out on the activities of Council of the Haida Nation three times per year, excepting such parts that may in their judgment, require confidentiality.

A6.S12 The Vice President shall widely advertise these reporting sessions at least seven days prior to the sitting.

A6.S13  The Council of the Haida Nation shall keep a record of proceedings.

A6.S14 The Council of the Haida Nation will publish “Haida Laas” as the official publication of the Haida Nation.

A7.S1 Council of the Haida Nation representatives will uphold the principles and dignity of the Haida Nation at all times.

A7.S2 All Council of the Haida Nation representatives must act and be seen to be acting in the best interest of the Haida Nation, and in accordance with all Council of the Haida Nation adopted policies.

A7.S3 Interpretations of Council of the Haida Nation policy shall be determined by a three- quarter majority of the Council of the Haida Nation quorum.

A7.S4 All Council of the Haida Nation elected representatives shall have one vote on all matters in the Council of the Haida Nation requiring a vote.

A7.S5 The Council of the Haida Nation representatives shall be elected by the voting citizens of the Haida Nation.

A7.S6 The Council of the Haida Nation shall hold elections in accordance with the Council of the Haida Nation Election Act as adopted by the House of Assembly.

A7.S7 Election day for Council of the Haida Nation representatives shall be the first Saturday of December in election years, and pursuant to the timelines specified in the Council of the Haida Nation Election Act.

A7.S8The term of office for Council of the Haida Nation representatives is three years, ending at the swearing in of the following election.

A7.S9Elected Council of the Haida Nation representatives must be Haida citizens.

A7.S10 Elected Council of the Haida Nation representatives may not hold an elected position on a village or band council.

A7.S11 No elected representative of the Council of the Haida Nation, or person or entity engaged by the Council ofthe Haida Nation, may use their position or privileged information acquired in the relationship with theCouncil of the Haida Nation for personal or other gain.

The President of the Haida Nation

A7.S12  The President is the political leader and first speaker of the Haida Nation.

A7.S13 The President is responsible for regulating the activities of the Council of the Haida Nation in a manner consistent with this Constitution.

A7.S14  The President must reside on Haida Gwaii within sixty days of being sworn in.

A7.S15  The President shall take direction from the Council of the Haida Nation.

A7.S16 The President, with consent of the Council of the Haida Nation, may appoint a specific portfolio to a Council of the Haida Nation representative. Through the same process, appointments may be rescinded.

A7.S17 The President, with consent of the Council of the Haida Nation, may appoint specific tasks to any consentingHaida Citizen. Through the same process, appointments may be rescinded.

The Vice President of the Haida Nation

A7.S18  The Vice President is the second speaker of the Haida Nation.

A7.S19  The Vice President must reside on Haida Gwaii within sixty days of being sworn in.

A7.S20  The Vice President shall take direction from the Council of the Haida Nation.

A7.S21 The Vice President shall call the sittings of the Council of the Haida Nation, and shall oversee Council of the Haida Nation activities.

Regional Representatives

A7.S22 Council of the Haida Nation regional representatives shall be elected to represent Haida Citizens. Council of the Haida Nation regional representatives will form the base for consultation and participation between the Council of the Haida Nation and Haida citizens.

A7.S23 Regional representatives must reside in the region in which they are elected within 60 days of being sworn in.

Departure of Council of the Haida Nation Representatives

A7.S24 In the case of departure of any Council of the Haida Nation representative due to resignation,disability, discharge, or loss of life, the Council of the Haida Nation Election Act shall apply.

A7.S25 If the office of the President becomes vacant, the powers and duties of the President will be passed to the Vice President forthwith.

A7.S26 If the office of the Vice President becomes vacant, the Council of the Haida Nation shall, from among their numbers, select a new Vice President.

A7.S27 In the case of departure of both the President and Vice President, a House of Assembly will be convened by the elected representatives, and the House of Assembly shall decide which representatives will fill those seats, or may call a general election.

A7.S28 If the office of any regional representative becomes vacant, the Council of the Haida Nation may appoint an alternate to fill the vacancy, or choose to have a by-election.

A7.S29 In the case of departure of any elected representative, positions of appointment may be recalled or re-appointed by the Council of the Haida Nation.

Executive Committee

A7.S30 The Executive Committee conducts the affairs of Council of the Haida Nation between regular sittings of the full Council. This Committee shall be accountable to the Council of the Haida Nation.

A7.S31 The Executive Committee shall consist of the President and Vice President, and one regional representative from each of G̱aaw and HlG̱aagilda.

Sittings of the Council of the Haida Nation

A7.S32 Regular sittings of the Council of the Haida Nation to report out to citizens will be held three times per year, with one sitting to coincide with the House of Assembly.

A7.S33 The reporting out sittings of the Council of the Haida Nation will be widely advertised to the Haida public at least seven days prior to the sitting. These sittings will alternate between HlG̱aagilda and G̱aaw.

A7.S34 Special sittings may be called by written notice signed by the President or Vice President of the Haida Nation, or by the majority of the Council of the Haida Nation, and at such sittings the Council of the Haida Nation may transact any business and take any actions within its powers.

A7.S35 At all sittings of the Council of the Haida Nation, a quorum shall consist of eight representatives. No business shall be transacted unless there is a quorum.

A7.S36 Whether assembled or not, a Council of the Haida Nation quorum can transact any business or take any action within the powers of the Council of the Haida Nation, provided that the Council of the Haida Nation has fully consulted with each Council of the Haida Nation representative. The decision of the quorum must be submitted in writing to the President for preservation in the record of proceedings.

A7.S37 Forty Haida citizens, by petition to the Vice President of the Haida Nation or a quorum of the Council of the Haida Nation, may call a sitting of the Council of the Haida Nation within thirty days of receipt of petition by the Vice President.

• The Hereditary Chiefs Council will review petitions to determine whether there are grounds for holding a special sitting of the Council of the Haida Nation.

• Special sittings of the Council of the Haida Nation will only deal with the items brought forward in the petition, and will be signed by the Vice President.

• Petitions for a special sitting of the Council of the Haida Nation will be reviewed based on existing Council of the Haida Nation approved policies, procedures, and regulations.

A7.S38 All votes of the Council of the Haida Nation are recorded in the record of proceedings of the Council of the Haida Nation.

A7.S39 Activities of the Council of the Haida Nation will be decided by a three-quarter majority vote.

A8.S1The Secretariat will administer the Haida Nation treasury and holdings and manage the programs and staffof the Haida Nation, as directed by the Council of the Haida Nation.

A8.S2Pursuant to the policies and directives of the Council of the Haida Nation, the Secretariat may:

• Borrow money on the credit of the Haida Nation with consent of the Council of the Haida Nation;

• Regulate commerce with foreign nations and among domestic communities;

• Coin money and regulate the value thereof;

• Lay and collect taxes, duties, imports and excises, to pay the debts and costs associated withsupporting the Haida governance; and provide for the general welfare of the Haida Nation.

• Employ such persons or institutions deemed necessary by the Council of the Haida Nation to carry out the Council of the Haida Nation mandate.

A9.S1 Heredity is an internal matter formalized through the ancient clan customs of the Haida Nation.

1. The Haida Nation is a matrilineal society, and we recognize the prominent role of our hereditary matriarchs as part of our governing body.

A9.S2 One potlatched Chief from each clan will sit at the Hereditary Chiefs Council.

1. A Hereditary Chief may, with written notice, appoint a spokesperson to sit in their place.

A9.S3 The Hereditary Chiefs Council will regulate its own activities through a process of a minimum of a three-quarter majority of a quorum of members.

A9.S4 Prior to a referendum vote by the Haida Nation, the Hereditary Chiefs Council will approve or disapprove any international agreements between the Haida Nation and other nations that are directly related to Haida title and rights.

A9.S5 The Hereditary Chiefs Council shall uphold the principles embodied in the Haida Accord enacted by Hereditary Chiefs, Council of the Haida Nation, Old Massett Village Council, and Skidegate Band Council.

A10.S1 Old Massett Village Council and Skidegate Band Council perform the functions of local government for their respective communities.

A10.S2 Haida Village Councils are responsible for the well-being of their communities.

A10.S3 Village Council responsibilities include, but are not limited to, delivery of programs and services regarding cultural, social, education, health, economic, and municipal services.

A10.S4 Village Councils shall each make an appointment of one of their council members to the Council of the Haida Nation, and shall have the authority to recall these appointments with written notice to the Council of the Haida Nation.

A10.S5 Village Council representatives will uphold the principles and dignity of the Haida Nation at all times.

A10.S6 Village Council representatives shall uphold the principles embodied in the Haida Accord enacted by Hereditary Chiefs, Council of the Haida Nation, Old Massett Village Council, and Skidegate Band Council.

A11.S1 Any voting-eligible Haida Citizen may propose to the House of Assembly that the Council of the Haida Nation develop policy or legislation and vote to determine whether it is adopted.

A11.S2 The voting Haida citizens of the Haida Nation will elect representatives to the Council of the Haida Nation.

A11.S3 Any Haida citizen may attend and participate in Council of the Haida Nation meetings, and will be subject to Council of the Haida Nation policies.

A11.S4 Haida citizens may recall any or all members of the elected Council of the Haida Nation in accordance with this Constitution and the Council of the Haida Nation policies.

A11.S5 Consenting Haida citizens may receive an appointment from the Council of the Haida Nation for specific tasks. The Council of the Haida Nation may rescind such an appointment at any time.

A11.S6 Any Haida citizen who is 16 years of age or older on the day of voting may vote in Council of the Haida Nation elections, general votes, or referendums.

A12.S1  The House of Assembly will be held during the third week of October of each year.

A12.S2 Annual Houses of Assembly shall alternate between HlG̱aagilda and G̱aaw.

A12.S3 Houses of Assembly shall be called by the Vice President of the Haida Nation, or Council of the Haida Nation designate, with twenty days public notice.

A12.S4 The Vice President, or Council of the Haida Nation designate, may call additional sittings of the House of Assembly to be held throughout the year with twenty days notice given by Council of the Haida Nation.

A12.S5 The President, Vice President, and all elected representatives of the Council of the Haida Nation shall attend and participate at all Houses of Assembly.

A12.S6  The House of Assembly may establish tribunals of exclusive jurisdiction.

A12.S7 The quorum of the House of Assembly shall be forty voting eligible Haida citizens. The presiding chairperson of the House shall confirm that a quorum of citizens is present prior to any call for votes.

A12.S8 Resolutions and motions at the House of Assembly will be valid with the approval of a three-quarter majority of the votes cast.

A12.S9 The Vice President of the Haida Nation or Council of the Haida Nation designate shall ensure the House of Assembly is audio and written recorded.

A12.S10 By petition and signature, submitted to Council of the Haida Nation, one hundred voting eligible Haida citizens may call for a Special House of Assembly. The Vice President of the Haida Nation shall call and implement this House of Assembly no later than thirty days of receiving the petition.

• Hereditary Chiefs Council determines whether there are grounds for holding a Special House of Assembly.

• Special House of Assembly Agendas will only deal with the items brought forward in the petition; and to be signed off by the Vice President of the Haida Nation.

• Petitions will be reviewed based on existing Council of the Haida Nation and Secretariat of the Haida Nation approved policies, procedures and

A13.S1 Amongst other strategies, Council of the Haida Nation will pursue the goals of the Haida Nation through negotiations and diplomacy.

A13.S2 The Council of the Haida Nation shall inform all Haida citizens of all negotiations enacted.

A13.S3 The Council of the Haida Nation will oversee the negotiation process and will provide the negotiators with the goals and objectives as well as ongoing direction and advice.

A13.S4 Development of International Agreements shall proceed with full consultation of Haida citizens, Hereditary Chiefs Council, and Village Councils.

A13.S5 A final draft of any international agreement must first be accepted by the Council of the Haida Nation and must then receive a minimum of a three-quarter majority of the Hereditary Chiefs Council, and if so accepted, the Council of the Haida Nation will conduct a vote of the Haida citizens. International agreements must receive approval of a majority of at least three-quarters of the votes cast.

A13.S6 All international agreements which go beyond the mandate as laid out in Article 6 must be ratified by at least three-quarters of the votes cast by eligible voting Haida citizens in a referendum vote.

A13.S7 Signatories to international agreements will be the President and Vice President of the Council of the Haida Nation and the Hereditary Chiefs Council.

A14.S1 Any representative who, in the line of duty, is cited for neglect of duty, servitude, and public activity disrespectful to the dignity of office shall be subject to the Notice of Conduct process in this Constitution.

A14.S2 Any representative who misses three formal sittings without valid reason may be subject to the Notice of Conduct process by a three-quarter majority of the remaining representatives of the Council of the Haida Nation.

A14.S3 Any representative who has acted in a manner deemed to warrant immediate action shall be asked to resign by a quorum of the Council of the Haida Nation without the issuance of a second Notice of Conduct.

Notice of Conduct Process

A14.S4 Concerns regarding a representative’s conduct must be submitted to the Council of the Haida Nation in writing.

A14.S5 The Council of the Haida Nation will investigate all incidences, and with a three- quarter majority of the Council, may issue a Notice of Conduct calling for a corrective course of action.

A14.S6 The Council of the Haida Nation may issue a second Notice of Conduct, which may be a call for resignation or removal from the Council of the Haida Nation.

A14.S7 Decisions of conduct made by the Council of the Haida Nation must be pursuant to this Constitution, the Haida Accord, and the Council of the Haida Nation’s policies.

A14.S8 The Hereditary Chiefs will be notified of all Notices of Conduct served.

A14.S9 Citizens may submit petitions for removal of a representative to the Council of the Haida Nation and the Hereditary Chiefs Council for review.

• The Hereditary Chiefs Council will make a recommendation to the Council of the Haida Nation, and the Council’s decision must pass with votes from a three-quarter majority of the Council.

• Petitions may result in a Notice of Conduct or a call for resignation or removal from the Council of the Haida Nation.

• Any petition must contain signatures of three-quarters of the votes cast for the representative in the election, or 50 signatures, whichever is greater.

A14.S10 Any representative removed from their position may appeal to the Judicial Tribunal

A15.S1  A Judicial Tribunal may be convened to resolve internal conflicts in a timely way.

A15.S2A Judicial Tribunal will be convened only when:

• All other Haida Nation processes have been exhausted to bring an issue to closure; and

• All parties agree, in writing, to accept and abide by the findings and ruling of the

A.15.S3 On consultation and agreement with the Hereditary Chiefs’ Council and the Village Councils, the Council of the Haida Nation will select and appoint three (3) Haida citizens to convene a Judicial Tribunal for a specific issue.

A.15.S4 Convened Judicial Tribunals will uphold the principles of the Constitution of the Haida Nation and the Haida Accord.

A.15.S5 Hearings of Judicial Tribunals shall be open to Haida citizens.

A16.S1 This Constitution must be adopted at the House of Assembly by a three-quarter

majority of votes cast.

A16.S2 From the time of adoption, this Constitution will be the basis of the law of the Haida Nation.

A16.S3 The Constitution of the Haida Nation is the highest written law, reflecting the highest values of the Haida Nation, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

A17.S1 Amendments to the Constitution of the Haida Nation may be made only at the House of Assembly by a three-quarter majority of eligible voters present.

A17.S2  This Constitution may be amended:

• By resolution for an eighteen year period following the initial adoption of this Constitution at a House of Assembly, ending in 2030, with a widely advertised two month Notice of Change; and thereafter:

• by resolution with a widely advertised two months notice of change for minor or administrative edits that do not change the original intent of the text; or

• By resolution after four public readings over a two year period, two of which must be at a House of Assembly for any substantive changes that change the intent or interpretation of the original text. The readings must be widely advertised at least one month in advance.