PRO BONO: Civil disobedience comes with consequences

Dear Tuma:
My First Nation hasn't had a meeting in over a year now. They aren't accountable to us members in any way, shape or form. Our chief and council are elected by Customary Election Regulation. I want to know how I can shut down the band office and make them accountable. I read it on the news all the time about First Nation members shutting down band offices, therefore I want to know the right way about going about this.
Militant Indian

Dear Militant:
There are a number of ways in which to make your point. I am reminded of an old phrase "the squeaky wheel gets the grease." What you hope to accomplish will depend on how squeaky you want to get.

Accountability of all of our politicians has been a simmering issue, not just for all of our nations, but for everyone. In particular, First Nation folks have been demanding and receiving more accountability from their politicians. The problem is not with accountability, but to whom. Many, if not all, bands have to file annual financial audits, program reports and numerous other statements and narratives with various governmental departments. The Assembly of First Nations estimates that, on average, each band sends three reports each week to the government.

You need to find out what your custom elections regulations say. Look at the provisions regarding how information is supposed to be given to the band members. Read up on the provisions regarding public attendance at band council meetings and read carefully to see if there are any requirements for a general band meeting. If there are, remind the chief and councillors about these provisions.

What manner you choose to "remind" them really depends on how effective you think it is. Sometimes this means writing letters, making verbal presentations, petitions, public protests and, in some cases, civil disobedience such as sit-ins or shutting down the band office. If accountability is your goal, will shutting down the band office, delaying or closing essential departments such as welfare, health or education achieve this accountability? Plus you have to consider the personal consequences of taking such drastic steps, such as possible criminal sanctions, civil lawsuits and potential damage to your reputation.

There is a time and place for civil disobedience; think of Viola Desmond of Nova Scotia who refused to sit in the black section of the racially segregated theatre in New Glasgow, or the Mi'kmaq of Listuguj who took over a bridge to protest the department of Fisheries and Oceans raiding their reserve.

What about your traditions? Your culture? Your nation's way of doing things? If your band is governed by custom, what is your custom in handling disputes amongst yourselves? What are your customs in ensuring that your leaders are accountable to your people? This may be another way to achieve your goal of accountability.

Part of your question also deals with general band meetings and you need to look at your custom regulations to find out whether the band is supposed to have them. For non-custom bands, there is no requirement in the Indian Act or the Indian Band Council Procedures Regulations to hold a general band meeting.

I would state to have a general band meeting you need to have the majority of the councillors request to have one. Adequate notice of the meeting must be given and a quorum of the councillors must be present at the meeting.

One thing to note about general band meetings is that it is not a duly conveyed band council meeting and any motions made by the public are not binding on the council, but rather can be taken into consideration by the council at a duly conveyed council meeting.

Sometimes, "the pen is mightier than the sword" or maybe we can say "the eagle feather is stronger than the arrow."
Tuma