The People outline their civil rights
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TITLE 3
NATIONAL CIVIL RIGHTS ACT
Chapter 1. General Provisions
1.0. Title
1.0.1. This Title shall be known as the Civil Rights Act of the Metis Nation of the South.
1.1. Authority
1.1.1. The authority for this Title is found in Article II of the Constitution of the Metis Nation of the South.
1.2. Purpose
1.2.1. The purpose of this Title is to establish the rights, duties, and obligations of the citizens of the Metis Nation of the South.
1.3. Definitions
1.3.1. Bill of Attainder
1.3.1.1. An act of the legislature by which one or more persons are declared to be without civil rights, are pronounced to be guilty (usually of treason) without a trial, and orders that their property be confiscated.
1.3.2. Damages
1.3.2.1. Money that a court orders paid to a plaintiff, whose claim has been validated to the satisfaction of the court, that they have suffered a loss or injury by the defendant whose fault caused it.
1.3.2.2. Types of damages that may be awarded include:
1.3.2.2.1. Compensatory - Court-ordered compensation for the actual amount of the loss.
1.3.2.2.2. Consequential - Court-ordered compensation for indirect losses or other indirect harm.
1.3.2.2.3. Nominal - a tiny sum given, usually a dollar, when the loss suffered is either very small or of unproved amount.
1.3.2.2.4. Punitive - Extra money given to punish the defendant and to help keep a particularly bad act from happening again.
1.3.2.2.5. Treble - Damages three times as great as the amount of proven direct financial harm caused, compensatory plus consequential, authorized by statute to strongly discourage certain kinds of wrongful actions in certain types of lawsuits.
1.3.3. Declaratory Relief
1.3.3.1. A judicial opinion that states the rights of the parties or answers a legal question without awarding any damages or ordering that anything be done. A person may ask a court for a declaratory judgment only if there is a real, not theoretical, problem that involves real legal consequences.
1.3.4. Defendant
1.3.4.1. The person against whom a legal action is brought.
1.3.5. Disenfranchisement
1.3.5.1. A Judicial Decision resulting in the removal of an individual from the rolls of the Nation.
1.3.6. Ex Post Facto Law
1.3.6.1. (Latin) After the fact. An ex post facto law is one that retroactively attempts to make an action a crime that was not a crime at the time it was done, or a law that attempts to reduce a person's rights based on a past act that was not subject to the law when it was done.
1.3.7. Injunctive Relief
1.3.7.1. A court order that orders a party to do or refrain from doing a certain act (or acts) as opposed to a money judgment.
1.3.7.2. An injunction may be preliminary or temporary (until the issue can be fully tried in court) or it may be final or permanent.
1.3.7.3. A mandatory injunction refers to an injunction that requires a person to do something, as contrasted with a prohibitory injunction, which requires a person to refrain from doing something.
1.3.8. Jurisdiction
1.3.8.1. The right of a court or tribunal to hear a particular case or dispute, the authority to conduct a hearing or trial and render a decision, and the power to cause that decision to be executed. (From Latin jurisdiction: "administration of the law.")
1.3.9. Plaintiff
1.3.9.1. A person who brings (starts) a lawsuit against another person.
Chapter 2. Foreign Statutes
2.1. The following foreign International Conventions, Covenants, Declarations, and Optional Protocols thereto are hereby adopted and incorporated into this Title by reference.
2.1.1. Documents promulgated by the United Nations
2.1.1.1. Universal Declaration of Human Rights - Dec. 10 1948
2.1.1.2. Convention on the Political Rights of Women - July 7, 1954.
2.1.1.3. Declaration of the Rights of the Child (1959).
2.1.1.4. International Convention on the Elimination of All Forms of Racial Discrimination - Jan. 4, 1969.
2.1.1.5. Declaration on the Protection of Women and Children in Emergency and Armed Conflict (1974).
2.1.1.6. International Covenant on Economic, Social and Cultural Rights - Jan. 3, 1976.
2.1.1.7. International Covenant on Civil and Political Rights - Mar. 23, 1976.
2.1.1.8. Convention on the Elimination of All Forms of Discrimination against Women - Sept. 3, 1981.
2.1.1.9. Convention on the Rights of the Child (1990).
2.1.1.10. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities - Dec. 18, 1992
2.1.1.11. Declaration on the Elimination of Violence against Women (1993).
2.1.1.12. Draft Declaration on the Rights of Indigenous Peoples - Aug. 1993
2.1.2. Documents promulgated by the International Labor Organization
2.1.2.1. Convention concerning Indigenous and Tribal Peoples in Independent Countries - Sept. 5, 1991.
2.1.3. Documents promulgated by the Organization of American States
2.1.3.1. American Declaration of the Rights and Duties of Man (1948)
2.1.3.2. American Convention on Human Rights - 22 November 1969
2.1.3.3. Draft of the Inter-American Declaration on the Rights of Indigenous Peoples - Sept. 18, 1995
2.2. The Metis Nation of the South reaffirms the rights granted to all persons living within its' ancestral homeland under the following extra-national documents.
2.2.1. The Constitution, Statutes, and Treaty obligations of the Canadian Federation
2.2.2. The Constitution, Statutes, and Treaty obligations of the United States of America
2.2.3. The Constitution, Statutes, and Treaty obligations of the Republic of Mexico
Chapter 3. Civil Rights of Persons Within National Jurisdiction
3.0. All members of the Nation shall be afforded the full rights and privileges afforded and duties and obligations incurred under the international documents referenced in Chapter 2 of this Title.
3.1. Individual Rights
3.1.1. All enrolled members of the Nation over the age of 18 years shall have the right to vote in all National elections, subject to any restrictions as set forth in the Constitution or any Title of these Codes.
3.1.2. All enrolled members of the Nation shall be accorded equal opportunities to participate in the cultural, economic, political, and social resources and activities of the Nation.
3.1.3. All non-enrolled individuals living within the traditional homeland of the Nation shall be accorded the same equal opportunities as enrolled members to participate in the cultural and social activities of the Nation
3.1.4. All enrolled members of the Nation, and all non-enrolled individuals residing within the traditional homeland of the Nation, may enjoy without hindrance freedom of worship, speech, press, and assembly, provided that the exercise of those freedoms does not inhibit or seek to deny others from exercising their freedoms.
3.1.5. Any member of the Nation accused of any offense, shall have the right to a prompt, open, and public hearing, with due notice of the offense charged, and shall be permitted to summon witnesses in his own behalf and trial by jury shall be accorded, when duly requested, by any member accused of any offense punishable by expulsion from the Nation or a suspension for a period of more than 30 days from any benefits granted to citizens, and cruel or unusual punishment shall not be imposed.
3.2. Limitations upon the National Government
3.2.1. The Metis Nation of the South in exercising powers of self-government shall not:
3.2.1.1. make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
3.2.1.2. pass any bill of attainder or ex post facto law; nor
3.2.1.3. take any private property for a public use without just compensation.
3.2.2. The Metis Nation of the South in exercising powers of its Judicial System or in administrating Justice shall not:
3.2.2.1. violate the right of people within its jurisdiction to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
3.2.2.2. subject any person for the same offense under the Nation's jurisdiction to be twice put in jeopardy;
3.2.2.3. compel any person in any criminal case to be a witness against himself;
3.2.2.4. deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;
3.2.2.5. impose excessive fines, inflict cruel and unusual punishments;
3.2.2.6. deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law; nor
3.2.2.7. deny to any person accused of an offense punishable by expulsion from the Nation the right, upon request, to a jury of not less than six persons.
Chapter 4. Right of Action
4.0. Any person may bring an action to protect the rights set out in Chapter 3 of this Title.
4.1. If the Nation is named as a defendant in said suit, the plaintiff's right of action against the Nation shall be limited by the provisions of Sub-Chapter 5.0 of this Title.
4.2. If an elected official(s) or employee(s) of the Nation, is named as defendant(s) in said suit, the plaintiff's right of action against said official(s) or employee(s) shall be limited by the provisions of Sub-Chapter 5.1 of this Title.
4.3. If any person(s) acting in their role as private individual(s) are named as defendants in said suit, the plaintiff's right of action shall be unlimited.
Chapter 5. Jusdiction of National Courts
5.0. Actions brought under Chapter 3 shall be brought only in the Courts of the Metis Nation of the South; notwithstanding the fact that a court of another jurisdiction may have concurrent jurisdiction.
5.1. The Rules of Civil Procedure, the Statutes of Limitations, and all other rules of practice and procedure of the courts of the Nation shall apply to suits brought under this Title.
Chapter 6. Sovereign Immunity
6.0. When suit is brought in the National Court under Chapter 4 to protect rights set out in Chapter 3, the sovereign immunity of the Nation is hereby waived in the Courts of the Nation for the limited purpose of providing declaratory and injunctive relief, where appropriate under the law and facts asserted to protect those rights; provided, the sovereign immunity of the Nation shall not be waived with regard to damages, court costs, or attorneys fees.
6.1. When suit is brought in the National Court under Chapter 4 to protect rights set out in Chapter 3, the sovereign immunity of elected officials and/or employees of the Nation are hereby waived in the Courts of the Nation for the limited purpose of providing declaratory and injunctive relief, where appropriate under the law and facts asserted to protect those rights; provided,
6.1.1. the sovereign immunity of said officials and/or employees of the Nation acting within the scope and authority of their official role or capacity shall not be waived with regard to penalties, damages, court costs, or attorneys fees; except
6.1.2. insofar as elected officials and employees of the Nation are to be held to a higher standard of conduct, the sovereign immunity of said officials and or employees acting outside of the scope and authority of their official role or capacity is hereby waived with regard to penalties, damages, court costs, or attorneys fees.
Chapter 7. Other Law Unaffected
7.0. The laws of the Nation, insofar as they do not violate the rights set out in Chapter 2 of this Title, shall be unaffected by this Title.
Chapter 8. Custom And Tradition To Be Respected
8.0. In construing this Title, the National Court shall consider, when properly presented to the Court, the history, customs, and traditions of the Nation and of the bands and clans that make up the Nation.
Chapter 9. Insurance
9.0. Notwithstanding any other provision of this or any other Title within these Codes; with respect to any claim made under this Title, in the Courts of the Nation, for which the Nation carries an active and enforceable policy of liability insurance, suit may be brought for damages up to the full available amount of the coverage provided in the insurance policy: provided, no judgment on any such claim may be for more than the amount of insurance carried by the Nation; and further provided, any such judgment against the Nation may only be satisfied pursuant to the provisions of the policy or policies of insurance then in effect.
Chapter 10. Penalties
9.0. An individual who violates any provision of this Title shall be subject to the following penalties.
9.0.1. If defendant is an enrolled member of the Metis Nation of the South and serves as an executive officer or employee of the Nation, and is acting outside of the scope or authority of their official role or capacity, they shall:
9.0.1.1. on first violation -
9.0.1.1.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.1.1.2. forfeit a punitive fine in a sum not to exceed $30.00 ($10.00 deposit permitted); AND,
9.0.1.1.3. serve a period not to exceed 25 hours of community service.
9.0.1.2. on second violation -
9.0.1.2.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.1.2.2. be suspended from the right to participate in all national activities, including the duties of their office or position, for a period not to exceed 3 months; AND,
9.0.1.2.3. forfeit a punitive fine in a sum not to exceed $50.00 ($10.00 deposit permitted); AND,
9.0.1.2.4. serve a period not to exceed 40 hours of community service.
9.0.1.3. on third violation -
9.0.1.3.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.1.3.2. be suspended from the right to participate in all national activities, including the duties of their office or position, for a period not to exceed 6 months; AND,
9.0.1.3.3. forfeit a punitive fine in a sum not to exceed $100.00 ($25.00 deposit permitted); AND,
9.0.1.3.4. serve a period not to exceed 80 hours of community service.
9.0.1.4. on fourth violation -
9.0.1.4.1. case shall be transferred to the Judicial Appeals Tribunal. The Tribunal, with the General Council sitting as jury, shall hear the case for disenfranchisement.
9.0.2. If defendant is an enrolled member of the Metis Nation of the South acting in their role or capacity as a private citizen, they shall:
9.0.2.1. on first violation -
9.0.2.1.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.2.1.2. forfeit a punitive fine in a sum not to exceed $15.00 ($10.00 deposit permitted); AND/OR,
9.0.2.1.3. serve a period not to exceed 10 hours of community service.
9.0.2.2. on second violation -
9.0.2.2.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.2.2.2. be suspended from the right to participate in all national activities for a period of up to 3 months; AND,
9.0.2.2.3. forfeit a punitive fine in a sum not to exceed $25.00 ($10.00 deposit permitted); AND/OR,
9.0.2.2.4. serve a period not to exceed 20 hours of community service.
9.0.2.3. on third violation -
9.0.2.3.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.2.3.2. be suspended from the right to participate in all national activities for a period of up to 6 months; AND,
9.0.2.3.3. forfeit a punitive fine in a sum not to exceed $50.00 ($10.00 deposit permitted); AND/OR,
9.0.2.3.4. serve a period not to exceed 40 hours of community service.
9.0.2.4. on fourth violation -
9.0.2.4.1. case shall be transferred to the Judicial Appeals Tribunal. The Tribunal, with the General Council sitting as jury, shall hear the case for disenfranchisement.
9.0.3. If said person is not an enrolled member of the Metis Nation of the South, they shall:
9.0.3.1. on first violation -
9.0.3.1.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.3.1.2. forfeit a punitive fine in a sum not to exceed $25.00 ($10.00 deposit permitted); AND/OR,
9.0.3.1.3. serve a period not to exceed 20 hours of community service.
9.0.3.2. on second violation -
9.0.3.2.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.3.2.2. be suspended from the right to participate in all national activities for a period of up to 3 months; AND,
9.0.3.2.3. forfeit a punitive fine in a sum not to exceed $50.00 ($10.00 deposit permitted); AND/OR,
9.0.3.2.4. serve a period not to exceed 40 hours of community service.
9.0.3.3. on third violation -
9.0.3.3.1. afford the victim or victims with a public apology and restitution of damages; AND,
9.0.3.3.2. be suspended from the right to participate in all national activities for a period of up to 6 months; AND,
9.0.3.3.3. forfeit a punitive fine in a sum not to exceed $100.00 ($25.00 deposit permitted); AND/OR,
9.0.3.3.4. serve a period not to exceed 80 hours of community service.
9.0.3.4. on fourth violation -
9.0.3.4.1. said individual shall be turned over to the extra-national law enforcement agency or judicial system having jurisdiction over said non-enrolled individual and the issues against them. Copies of the record against said individual, along with all copies of documents or other proof of violations under this Title, shall be turned over to that jurisdiction as evidence to be used by that jurisdiction against said individual in the judicial proceedings against them.
9.1. Damages and Punitive Fines Payment Arrangements
9.1.0. Upon conviction of a violation of this Title, the individual may choose from one of two payment options.
9.1.1. Payment in full; or,
9.1.2. Payment by installment:
9.1.2.1. For damages or forfeitures of up to $50 - a deposit of $10 is required and monthly payments may be made at a rate of $10 a month until paid in full;
9.1.2.2. For damages or forfeitures of $50.01 to $100 - a deposit of $20 is required and monthly payments may be made at a rate of $20 a month until paid in full; or,
9.1.2.3. For damages or forfeitures of $100.01 or more - a deposit of $25 is required and monthly payments may be made at a rate of $25 a month until paid in full; or,
9.1.2.4. For all damage or forfeiture amounts - with payment of required deposit, monthly payments may be made at a rate agreed to between the individual and the court if said arrangements will pay off the balance in full in a shorter time than the standard installment rates.
9.1.2.5. Failure to meet payment terms shall result in additional civil and/or criminal charges being brought against the defendant.
9.2. Suspension Provisions
9.2.1. All suspensions from elected office or employment positions shall be without stipend or pay, if otherwise available.
9.3. Community Service Requirements
9.3.1. Assignment to duties in fulfillment of hours of community service shall be at the discretion of the Women's Council.
9.4. Distribution of forfeiture amounts
9.4.1. One-quarter of all forfeiture amounts received by the courts under this title shall be allocated to funding the administrative costs of the courts and three-quarters shall be allocated to the funding of educational programs and projects of the Nation.
9.4.2. Receipt and expenditure of monies allocated for the administrative costs of the courts shall be in accordance with published fiscal policies and procedures of the Nation, and shall be under the administrative control of the Judicial Appeals Tribunal.
9.4.3. Receipt and expenditure of monies allocated for educational program and projects shall be in accordance with published fiscal policies and procedures of the Nation, and shall be under the administrative control of the Council of Elders.
9.4.3.1. Priority funding preference for all monies received by the
Council of Elders under this Title shall be given to those educational
programs and projects of the Women's Council that provide the teaching
of detailed, hands-on knowledge and skills of the culture and traditions
of the Metis People in general, and of the Metis sub-cultures within the
US in specific.