The WFN Comprehensive Community Plan, last updated in 2015, provides the strategic foundation for more detailed plans and policies as they relate to the various departments within the Westbank First Nation government. Internal strategic plans reflect and encompass the basic principles set in the Plan and are implemented in department policies, programs, and community development.
The Westbank First Nation Constitution has undergone three amendments, approved by referendum by the WFN Membership on July 19, 2007, August 13, 2015, and March 31, 2016.
The Constitution provides a foundation to guide the social, economic, political and community development of WFN.
The principles set the tone for the Constitution and governance at Westbank. They describe in general terms the vision for Westbank and can be used to interpret the Constitution. The principles include statements about Westbank's relationship with the Okanagan Nation, the acknowledgement that Westbank shares aboriginal rights and title. This Part identifies the objective of Westbank to protect the lands, resources and culture by recognizing aboriginal rights and making Westbank a prosperous and healthy community for its Members.
Where a term is used in the Constitution that requires more explanation a definition has been included. The definitions are consistent with the Self-government Agreement and with Westbank Laws.
The objective of this Part is to maintain, in the interim, the status quo over Membership under the Indian Act with the WFN having the ability to develop, at its own pace, Membership Rules that will be voted on in accordance with the Constitution. It is expected this will be done within two years of ratification. Nobody loses or gains Membership as a result of the Constitution, however, there is one departure from the status quo in the Membership Rules set out in the Constitution. This difference is in the manner in which transfers from another First Nation to WFN may take place. Under the Constitution there is a requirementthat the community vote on transfers at a special Membership meeting. This procedure on transfers is a change from the Indian Act and givers more decision making power to the community.
This Part sets out how Council must act and what is expected of Councillors and the Chief. Given that the Constitution has recall provisions to remove the Chief or a Councillor, this is an important Part that will be looked to in assessing the performance of elected officials. The main theme of this Part is that elected officials should act always in the best interest of the community and represent the community to the best of their abilities. There are special duties for the Chief including to acting as the Chair of meetings and community meetings and as liaison with the Elders.
This Part provides for the appointment of senior management positions at Westbank (Director of Operations, Director of Finance, Director of Lands, Membership Administrator). The Constitution also establishes the principles of affirmative action in developing the hiring policy for Westbank First Nation. Preference will be given to qualified Westbank Members while having proper consideration for the primary responsibility of Westbank government to provide effective and efficient services to its Members and residents.
This Part sets out the process for electing the Chief and Council. Under the Constitution the number of Councillors is fixed at four with one Chief The term of office is set at three years.
Any Member can run for elected office whether they live on-reserve or not however there are some new restrictions. Members who have been convicted of an indictable offence in the last ten years can not run for office. The Constitution clearly sets out rules for conducting the elections, such as the posting of notices, secret ballots, etc. There is a system for mail-in-ballots because under the Constitution all Members get to vote whether they live on or off reserve.
The Constitution sets out rules for removing a Council Member who violates the Constitution, their duties or the Oath of Office that all elected Officials will be required to swear. Twenty percent of the Members can start the process of removal by filing a petition with the Arbitrator and paying a fee of $2,000.00 The fee is intended to prevent frivolous appeals.
A Member may also appeal an election result to an Arbitrator. The Arbitrator will decide whether there were grounds for the Election appeal and will deliver a ruling in a timely manner. The Arbitrator is independent of the Chief and Council.
If WFN staff run for office they will be entitled, under the Constitution, to unpaid leave for one term while they are serving on Council.
This Part sets out when and how the Council meets including matters such as quorum, attendance, agenda and how decisions are made. This Part also sets out the rules for holding Membership Meetings. It requires a General Membership Meeting once every three months and Special Membership Meetings where Westbank First Nation needs to make an important decision. There is also provision for the Council to call a Special Membership Meeting if 40 Electors sign a petition.
Councillors are expected to attend Council and Membership meetings. If a Council Member misses three Council or Membership Meetings in a year without prior approval or just cause, this can be grounds for removal under the recall provisions.
The Chair, generally the Chief or a Councillor, will be allowed to vote. Where because of conflict of interest or other circumstances the Director of Operations acts as Chair, the Chair will not vote. Council meetings are open to all Members unless that part of the Council meeting is closed for reasons-of confidentiality. To ensure Members have the opportunity to attend there is a requirement for all Council meetings to be held on Westbank Lands. All meetings must be properly recorded and the record available to Members.
Westbank Laws are passed pursuant to the Constitution procedures and must be within the powers set out in the Self-government Agreement. Laws can be initiated by Council Resolution or by Members through a petition. All laws have to be presented to the Membership at a Membership Meeting. Laws that deal with the introduction of a new tax must be approved by the Members in a referendum held in accordance with the Constitution.
There will be three readings of Laws; the first in Council at which time the law is introduced, the second at a Special Membership Meeting and third, at Council where the law is enacted or the law referred to community vote or referendum. All Westbank Laws will be kept in a public register and must comply with the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act.
Council members are not allowed to be involved in decisions where they or a close relative have an interest. This means that where a matter being dealt with by Council involves the Chief or a Councillor or their immediate family member, that Council member must not participate in any discussion or decision on that matter. There is a process set out in the Constitution for disclosure of conflict of interest. This Part also includes the rules concerning Council members using the property of Westbank First Nation, accepting gifts and competing in business with Westbank First Nation. A Council member who violates breaks the Conflict of Interest rules may be removed from office under the recall provision.
Council is responsible for protecting the financial resources of Westbank First Nation and is required to maintain a Department of Finance. The Constitution requires appointment 4 of a Director of Finance. This is only one of four administrative management positions created under the Constitution (the others being Director of Operations, Director of Lands and Membership Administrator) all of whom have special responsibilities to Westbank First Nation independent of Council. This Part provides that Council may receive reasonable pay for their duties and that this pay and any other benefits must be reported annually to the Membership.
There is a requirement for an annual budget, with a provisional budget to be prepared by December 15th of each year and then provided to the Membership at a Membership Meeting. Special rules are identified for local revenues (i.e., property tax), where no deficit is allowed. With respect to other WFN revenues WFN can not operate under a deficit unless consent has been given by the Members through a vote at a Special Membership Meeting.
The Constitution sets out restrictions on expenditures so that only expenditures that have been budgeted can be made. It also makes provision for expenditures over $5000,000 having to be declared at a Special Membership Meeting. There is also a requirement that there is periodic reporting to the Members of the finances of the WFN and yearly audits, which are to be available to all Members.
WFN financial statements are to be audited in accordance ·with generally accepted accounting principles. Statements are to be reported to Members in accordance with the rules set out in the Constitution. There are also provisions for Members to file a complaint about financial expenditure.
The Constitution puts controls in place for the types of investments the WFN can make and the amount of debt the WFN can incur. The investment of WFN funds is limited to low risk investments to ensure the integrity of WFN assets. For debt there are restrictions on the amount of debt and how it is incurred to ensure that the WFN can not take on commitments that it can not meet.
There is also a section in this Part which provides penalties if a Member of Council participates in a decision or authorises the expenditure of monies in violation of the Constitution. In such circumstances the Council Member is personally liable and may be removed from office.
This Part sets out the Land Rules that govern the administration and management of Westbank Lands. The Constitution provides that there must be a Land Use Plan to be developed within two years and approved by the Membership in a referendum.
This Part establishes the types of interests that can be granted and registered in Westbank Lands. All existing interests ( such as Certificates of Possession and leases are protected). Future interests are created in accordance with the Land Rules. In the future, Allotments 5 to Members of Community Lands will only be made following the passage of, and in accordance with, a WFN Law setting out a fair and transparent process for Allotments.
With regards to development of Community Lands (Lands that have not been Allotted to Members), the Land Rules provide that community approval is needed for long term leases/licenses (anything over 15 years). Subject to WFN Laws, approvals are no longer required from Council for private land transaction (e.g. leases & transfers).
Interests in Westbank Lands will continue to be registered in the Reserve Land Register maintained by Canada. Westbank has the option of establishing its own Land Registry in the future. WFN will continue to administer on behalf of Minister land instruments created prior to the Self-Government Agreement in accordance with their terms and conditions.
Westbank is required to develop a Law on the treatment of interest in Westbank Lands on marriage breakdown within one year of Self-Government. Provision is also made for a community review of the Land Rules within two years.
This Part sets out the process for holding a community referendum and follows the rules for holding an election. As with Elections this Part allows all Members to participate in referendums and makes provision for main-in-ballots. There is also an appeal procedure.
The Constitution can only be amended by a referendum of the people where 50% plus 1 of those electors voting in the referendum vote in favour of the amendments. There is also provision for Members to initiate amendments to the Constitution.
Sets out that Canada remains responsible for all its actions prior to Self-Government and states that the date when the Constitution comes into force is the date that the act of Parliament which confirms, implements and gives effect to the Self-government is passed by Canada.
Our Community Economic Development Plan assists in the continuance of a healthy, environmentally sustainable and dynamic economy and furthers our efforts to develop an even strong community. The Plan recognizes that a vibrant economy requires planning and management.
The Plan was developed through a series of focus group meetings with community members to discuss what constitutes a healthy, environmentally sustainable and dynamic economy.
The teaching How Food Was Given shows how community can come together.
The Okanagan peoples lived for centuries within an oral culture and used stories as the means and process of handing down knowledge and cultural practices from generation to generation. At first glance, these stories seem like tales of a forgotten era, but each story contains a vast amount of knowledge and information; these stories are the historical record and societal blueprint of the syilx.
How Food Was Given focuses on the deliberation of the Four Food Chiefs, Chief Skəmixst (Black Bear), Chief Ntyxtix (Spring Salmon), Chief Sp'iƛ̕əm (Bitter Root), and Chief siyaʔ (Saskatoon Berry), as they discuss the coming arrival of the "People To Be" and their need for survival. Chief Black Bear, the elder of the group, decides to give his life for the "People To Be" and is revived by a song sung by the fly. Each of the characters and their actions in the story are representative of various protocols, social order and life lessons that dictated the way of life of the syilx people prior to outside contact.
The following is a rendition of How Food Was Given, as published in We Are The People: A Trilogyof Okanagan Legends by Theytus Books.
In the world before this world, before there were people, and before things were like they are now, everyone was alive and walking around like we do. All creation talked about was the coming changes to their world. They had been told that soon a new kind of people would be living on this earth. Even they, the Animal and Plant people would be changed. Now they had to decide how the People To Be would live and what they would eat.
1. Black Bear, Chief for all creatures on the land.
2. Spring Salmon, Chief for all creatures in the water.
3. Bitter Root, Chief for things under the ground.
4. Saskatoon Berry, Chief for things growing on land.
Because the great Chief Black Bear had given his life, all of creation gathered and sang songs to bring him back to life. That was how they helped each other in that world. They all took turns singing, but Black Bear did not come back to life.
This is how food was given to our people.
That is how songs were given to our people.
That is how giving and helping one another was and still is taught to our people.
The syilx Decision-Making Protocol is about the protection and collective advancement of title and rights for the Okanagan Nation and how land and resource decision-making will be made.
Implementation of the Protocol is currently a work in progress and will establish a path to developing governance standards and a syilx Nation Constitution.
The syilx Unity Declaration was signed on July 15, 2010 between members of the Okanagan Nation Alliance and Colville Confederated Tribes to signify unity between the syilx Nation ("Parties").