Band office staff should stay impartial

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PRO BONO

Dear Tuma:

I am just wondering if this practice is allowed: There will be elections for chief and councillors soon on our reserve. The receptionist is the chief's daughter and she is making campaign posters and letters for her father from the band office where she works. She is also handing them out to the public, not to mention the fact that she is using the band office supplies to work on the campaign. Another thing she is doing is handing out his re-elect pins to the public from the front desk. I don't think this is right.

Campaigning at the band office

Dear Campaigning:

Every band member has the right to expect that the staff at the band office will be neutral because the band council office has a fiduciary duty to all of its members. This means they should treat all band members in a fair and equitable manner (also in a professional manner).

There are no rules governing donations to Indian band council elections. Folks can donate money, materials or time, but under no circumstances should the Band office use its own materials, supplies or staff time to favor one candidate over another. This is the same as using band funds and may be grounds to launch an appeal of an election.

Dear Tuma:

I applied for a job at the band office-Director of Education. I'm the only person on the reserve with two degrees and years of experience working in education. The job went to a non-Native who is a band member and who does not have the same qualifications that I have. I feel like they slapped me across the face and stabbed my back at the same time. What can I do? Should I run for chief or council? Can I sue them for defamation? Are they libel? What legal rights do I have? Should there be an inquiry?

Band council blues

Dear Band council blues:

There are a few things you can do. Write a letter to the chief and council asking for a review of the interview process. You can also ask for the interview notes, the scoring process and how you scored in the interview. You can also ask to see the band council's hiring policy. Check to see if it has a priority hiring section. It may be a good idea to request an independent body or Elders to review the decision of the interview committee.

If the band refuses to give you the interview notes or scoring sheets, you can request these under your provincial Freedom of Information Act. Finally, if you feel that you have been treated unfairly and discriminated against, you can file a complaint with the Canadian Human Rights Commission.

As for running for chief or council, go for it. You might win and make some changes. Good luck.

Dear Tuma:

To make a long story short, I found out that I had a son in 1996. He was living with me at home with my partner and moved out a few months ago. Now I found out that he was not my son at all and that his mother was using me to get Native status. My son still lives on the rez and gets his own welfare. His mother is non-Native and told me that she needed to get status for him because his real father had died and she did not get him to register him. I was in the process of registering him, but have stopped. What can I do to help others like me so that will not happen to anyone else?

Status Sugar Daddy

Dear Status sugar daddy:

I would contact your band membership clerk and file a membership protest. This procedure is your right to object to the adding or deleting of a person from the Indian register. You cannot pass status to the mother. If she is non-Native, then the only way she can have status is if she had married a status Indian before 1985.

Check with your provincial vital statistics office and obtain a copy of the birth certificate to see if you are listed as the father. If you are, then you may have to go to family court for a declaration that you are not the father and an order removing you from the birth record. You may be asked to pay for a paternity test. This is very important because you may be held liable for child support. Fially, if you are behaving like the father, you may be liable for child support because the courts may see you taking the place of the biological father, especially if the young boy sees and refers to you as "Dad."

Note to my readers: I am now receiving a number of questions each month and it takes some time to respond to all of them. So I ask you to be patient and that your question may not be published in the column right away. Wela'li'oq!

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a Ph.D. in law at the University of British Columbia and questions can be sent to him at puoin@telus.net