Membership rules for Abegweit First Nation changed

The Abegweit First Nation has changed its membership rules. The community voted in favour of the amendments to the Custom Membership Code Wednesday night.

In a media release Chief Brian Francis said the most significant change is that those who are registered "to the Abegweit Band on the Indian register", and only have one band member parent — are now eligible for band status.

"I think they [the changes] will certainly give that sense of belonging to many of our community members, who waited years to become members," said Chief Brian Francis.

"Now they have the sense of belonging where they're actual band members of our proud vibrant First Nation, and it's a huge positive step forward in my opinion."

The other major change is that band members living off-reserve can now vote in future membership code amendments.

Francis said the changes came after the council heard several concerns about the old code from community members. The council then held several consultations. The vote passed 84 to 10.

The vote means that the number of band members could double, up to 400 — Francis estimates. Those new members will now have access to on-reserve programs.

Human rights complaint ongoing says complainant

There is still an ongoing case related to this issue at the Canadian Human Rights Commission, according to the woman who put it forward, Cheryl Simon.

Simon said she has mixed emotions about the rule changes.

"This amendment vote allows me to be a band member, but it doesn't actually put me in the same position as other band members within the community," said Simon, who lives off-reserve.

Off-reserve members can't vote in Abegweit Band elections.

"It's the lack of equality that I still have issues with. So again, I am not able to vote, I can not run for office, so even though I am a band member they are still limiting what I can do within the community."

Francis said that the membership code and election code are two different things, and that the band council has tried, unsuccessfully, in the past to change the election code rules.

"I know certainly since my term we've had one community vote on it, it was turned down, we even put an application into the court to have a court take a look at it and it didn't go anywhere."

Francis said the courts said it was not their place to decide, but rather the community's.

In July 2016, the federal court responded to a question put forward by the Abegweit First Nation band council, asking whether the band's election regulations contravene the Charter of Rights and Freedoms by excluding off-reserve members.

In its decision, the court said it didn't have the jurisdiction to answer the question — saying the band hadn't provided any evidence that the question arose from any current dispute or evidence as to how the rules discriminate against off-reserve band members.

Francis said there are no current plans to put the election issue to another vote in the community.

Simon said she will continue to pursue her complaint with the Canadian Human Right's Commission.

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