Table of Contents
Chapter 1. General Provisions
1.0. Authority
1.0.1. The authority for this Title can be found in Article III of the
Constitution of the Metis Nation of the South.
1.1. Purpose
1.1.1. The purpose of this Title is to provide the terms upon which
membership in the Metis Nation of the South will be granted, denied, or
forfeited; to provide for the enrollment of eligible persons, the
disenfranchisement of ineligible persons, and the appeals process; and, to
provide for the development and maintenance of membership documentation and
the Membership Registry of the Metis Nation of the South.
1.2. Confidentiality
1.2.1. Except as hereunder provided, all enrollment documents shall be
confidential.
1.2.1.1. All national offices shall maintain the highest degree of
confidentiality and integrity of all enrollment information as is consistent
with full performance of all duties and responsibilities prescribed by this
code.
1.2.1.2. All meetings of the Membership Council and the Enrollment and
Registration Committees regarding enrollment and/or registration shall be
closed to the public except as provided in this code.
1.2.1.3. All computer enrollment programs shall be restricted and access
shall be by the Office of Vital Records only or by the National Council by
resolution.
1.2.1.4. An alphabetical listing of enrolled members may be made available
for access by other departments only upon written permission granted by the
National Council. All requests shall be submitted in writing to the Office
of Vital Records, shall clearly set forth the uses to which the listing will
be put and shall justify the need for primary access. The Office of Vital
Records shall make a written recommendation thereon to the National Council
concerning each request.
1.2.1.5. Records: Best effort shall be made to ensure that all permanent
enrollment records will be kept secured in a locked fireproof cabinet
and to
the extent feasible in a fireproof room.
1.2.2. All enrollment documents except adoption records shall remain
open at
all times to inspection by:
1.2.2.1. the person whose documents are to be inspected, and in the case of
a minor child, their natural or adoptive parent(s);
1.2.2.2. the National Chairman or Deputy National Chairman;
1.2.2.3. members of the National Council
1.2.2.4. members of the Membership Council; and,
1.2.2.5. members of the Enrollment and Membership Committees.
1.2.3. Adoption records shall only be opened for inspection under the
authority of an order from the National Court granting the adoption.
1.2.3.1. Said order shall specify the person or persons who shall have the
right of access to said adoption records, the purpose for said inspection,
and any limitations on the use of said records.
1.2.4. Revealing information in the enrollment documents to someone other
than as provided in Paragraph 1.2.2 above shall be deemed grounds for
termination of employment of a national employee, recall of an elected
national official, or cause for removing an appointed national official.
1.3. Definitions
1.3.1. Adoption.
1.3.1.1. The term "adoption" shall mean those terms, conditions, and
procedures for including a person into the family and home of a person or
family under the laws of a jurisdiction as set out in the Title on Domestic
Relations.
1.3.2. Applicant.
1.3.2.1. The term "applicant" shall mean any person who has formally applied
for membership in the Nation prior to approval or denial of the application.
1.3.3. Band.
1.3.3.1. The term "Band" shall mean a group of people, not necessarily
related, who live in the same general area and who follow the same
traditions, rituals, and cultural activities. Band leaders are elected by
the membership of the band.
1.3.4. Burden of Proof.
1.3.4.1. The term "Burden of Proof " shall mean the necessity or duty of
affirmatively proving a fact or facts in dispute on an issue raised between
parties in a cause; the obligation of persuading someone that something is
true or not true; and the obligation of producing evidence to that end.
1.3.5. Council.
1.3.5.1. The term "Council" as used in this Title shall mean the Membership
Council, unless otherwise noted.
1.3.6. Days.
1.3.6.1. The term "days" shall mean all calendar days. However, when any
deadline date established by this Chapter falls on a Saturday, Sunday or any
day designated a legal holiday by federal or National law or by National
administrative action, the deadline date shall be extended to the next
National work day following the Saturday, Sunday or holiday.
1.3.7. Direct Lineal Descendants.
1.3.7.1. The term "Direct Lineal Descendants " shall mean one who is in a
direct line of descent from the ancestor for example - as from grandmother
or grandfather, to mother or father, to son or daughter, to
granddaughter or
grandson, or between the same person and his or her son or daughter,
grandson or granddaughter, great grandson or great granddaughter, and so
downward in the direct descending line.
1.3.8. Disenfranchisement.
1.3.8.1. The term "Disenfranchisement" shall mean the involuntary, total
withdrawal from membership with the Metis Nation of the South of an enrolled
member. The withdrawal must be in writing and is effective upon resolution
of the National Council of the Metis Nation of the South.
1.3.9. Due Process.
1.3.9.1. The term "Due Process " shall mean a course of legal proceedings
according to those rules and principles which have been established by
National law for the enforcement and protection of private rights; the
essential elements of which are notice and opportunity to be heard and to
defend in an orderly proceeding adapted to the nature of the case; to be
heard by testimony, or otherwise, and to have the right of
controverting, by
proof, every material fact which bears on a question of right in the matter
involved.
1.3.10. Enrollment.
1.3.10.1. The term "enrollment" shall mean admission to membership in the
Nation by the procedure for enrollment set out below.
1.3.11. Enrollment Document.
1.3.11.1. The term "Enrollment Document" shall mean an application and a
certified copy of hospital, clinic, doctor's or midwife's records; birth or
baptismal certificate; affidavit signed by the applicant, relatives, friends
or doctors; or other written data submitted by a member or applicant for
membership to the Office of Vital Records to establish or meet the
requirements for membership.
1.3.12. Executive Department.
1.3.12.1. The term "executive department" shall mean the National Enrollment
Office, National Prosecutor, or other operating department of the Nation.
1.3.13. Metis.
1.3.13.0. The term "Metis" shall refer to:
1.3.13.1. An indigenous people whose genetic heritage includes aboriginal
and non-aboriginal bloodlines;
1.3.13.2. An indigenous people whose individual family's oral and/or written
history and traditions affirm and embrace the traditional cultural or social
ethos, mores, and practices of the Metis Peoples; and/or,
1.3.13.3. An indigenous peoples whose members individually consider
themselves to be Metis and who are accepted as such by the culture and
society of the Metis Peoples.
1.3.13.4. The Metis include the Mestizo, Melungeon, Bemdineek, and other
linguistic variations of the term Metis or people who meet the description
of the concepts inherent in this definition.
1.3.14. Nation.
1.3.14.1. The term "Nation" as used in this Title shall mean the Metis
Nation of the South.
1.3.15. National Law.
1.3.15.1. The term "National Law" or "Laws" shall consist of the
Constitution, the enactments of the National Council, and Common Law of the
Metis Nation of the South.
1.3.15.2. The term "Common Law" shall refer to the decisions of the National
Courts and Judicial Appeals Tribunal and the customs and traditions of the
Metis people.
1.3.16. National Member, Member
1.3.16.1. The terms "National member" and "member" shall mean any person who
is a duly enrolled member of the Nation, unless the context clearly
indicates otherwise.
1.3.17. National Membership Roll, Roll.
1.3.17.1. The terms "National Membership Roll" and "Roll" shall mean the
official list of enrolled members of the Metis Nation of the South as kept
by the Office of Vital Records, updated by the Membership Council, and
certified annually by the National Council.
1.3.18. National Register, Register, Registry.
1.3.18.1. The terms "National Register," "Register," and "Registry" shall
refer to the official document of the Metis Nation of the South wherein is
recorded the National Membership Roll.
1.3.19. Office of Vital Records.
1.3.19.1. The term "Office of Vital Records" shall mean that office, under
the supervision and control of Membership Council, that is responsible for
gathering, updating, maintaining, and storing all records, documents, and
other information on all applicants, enrolled, and disenrolled persons. Also
refers to those persons who are responsible for the administration of the
Office of Vital Records.
1.3.20. Parent.
1.3.20.1. The term "parent" shall mean the natural or biological parent
unless otherwise specified.
1.3.21. Paternity Acknowledgment or Statement.
1.3.21.1. The term "Paternity Acknowledgment or Statement" shall mean a
document, under oath, signed by the father of a child born out of wedlock,
which states that he is the father. Paternity statements issued by other
members of the immediate family are not recognized for enrollment purposes.
A judicial determination of paternity shall be recognized for enrollment
purposes.
1.3.22. Permanent Residence.
1.3.22.1. The term "permanent residence" shall mean the true, fixed, and
permanent home to which one has intention of return whenever absent there
from. Minors shall be considered to reside with any parent who is a member
of the Nation.
1.3.23. Person.
1.3.23.1. The term "person" shall mean any human being of any age or sex
whether or not an enrolled member of the Nation.
1.3.24. Petitioner.
1.3.24.1. A person who seeks review of an enrollment decision.
1.3.25. Registration.
1.3.25.1. The term "Registration" as used in this Title refers to the
process of documenting the enrollment of a member of the Metis Nation of the
South and is not the same as the registration for voting purposes.
1.3.26. Relevant Data Form.
1.3.26.1. The term "Relevant Data Form" shall mean a form drafted by and
available from the National Enrollment Office, which shall request from
applicants for membership in the Nation important information about the
applicant and the applicant's heritage upon which decisions regarding the
applicant's eligibility for membership or desirability as a member may be
based. The Relevant Data Form shall not be considered to define all
acceptable or relevant data regarding membership that may be considered in
making decisions under this Title.
1.3.27. Relinquishment.
1.3.27.1. The term "Relinquishment" shall mean the voluntary, total
withdrawal from membership with the Metis Nation of the South, by an
enrolled member. The withdrawal must be in writing and is effective upon
resolution of the National Council of the Metis Nation of the South. The
Nation cannot refuse relinquishment of membership unless the enrollee is
legally incompetent.
1.3.28. Sponsor.
1.3.28.1. The term "Sponsor" shall mean a person who has filed an
application for enrollment on behalf of another person.
1.4. Burden of Proof and Standard of Proof
1.4.1. The burden of proof shall be upon the Applicant to establish all
elements of the Applicant's entitlement to enrollment or entitlement to
registration under the Constitution and the rules and regulations of this
Chapter, unless otherwise specifically stated herein.
1.4.2. The standard of proof shall be such that any matters required to be
proved under this Chapter, unless otherwise specifically stated, must be
proved by clear and convincing evidence to the satisfaction of the
Enrollment Committee, Registration Committee, Membership Council, National
Council, and/or Judicial Appeals Tribunal as provided herein.
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Chapter 2. Membership Council and
Committees
2.1. Membership Council
2.1.1. A Membership Council shall be established which shall consist of the
Registrar, Deputy Registrar, the Assistant Registrar for Enrollment, and the
Assistant Registrar for Registration.
2.1.1.1. The Assistant Registrars shall be appointed by the Registrar,
approved by the National Chairman, and confirmed by the National Council.
2.1.1.2. All Assistant Registrars shall serve two years from the date of
appointment and may be removed by the National Council for failure to
perform the duties set forth in this Title.
2.1.1.3. Assistant Registrars shall serve without pay but may be reimbursed
for any expenses incurred in connection with their official duties if
provisions for such have been specifically authorized and shall be in
accordance with the terms and conditions of such reimbursement by the
National Council.
2.1.1.4. Upon accepting appointment, each Assistant Registrar shall sign an
oath, which shall become part of the enrollment records, stating that he or
she will serve according to the best of his or her ability and will keep all
enrollment records confidential.
2.1.2. The Membership Council shall have the authority to:
2.1.2.1. Establish, implement, review, and amend enrollment and registration
procedures that are consistent with this Title, subject to the approval of
the National Council;
2.1.2.2. Review and decide all membership matters, including, but not
limited to, eligibility for membership, enrollment and disenfranchisement,
registration, and changes or corrections to the National Membership Roll;
and,
2.1.2.3. Render testimony before the National Council and/or the Judicial
Appeals Tribunal in membership appeal or disenfranchisement cases.
2.1.3. A report on all actions and decisions of the Council shall be
presented by the Registrar without undue delay to the National Council.
2.1.4. Duties of the Enrollment Committee
2.1.4.1. The Membership Council shall have the following duties with regard
to the processing of applications for enrollment:
2.1.4.1.1. The Council's responsibilities shall be limited to the adoption
or rejection of the Enrollment or Registration Committee's proposed
recommendations regarding applications for enrollment and considering
applicants' protests.
2.1.4.1.2. If the Council's recommendation is to approve an application for
membership, it shall be the responsibility of the Membership Council to
ensure that the name of the applicant is added to the National Roll and
their application and all supporting documentation is forwarded to the
Office of Vital Records for inclusion into the files.
2.1.4.1.3. If the Council's recommendation shall be to reject an application
for membership, it shall be the responsibility of the Membership Council to
ensure that the applicant shall have access to their right of appeal.
2.1.4.2. The Membership Council shall have the following duties with regard
to the processing of petitions for disenfranchisement:
2.1.4.2.1. The Council's responsibilities shall be limited to the adoption
or rejection of the Enrollment or Registration Committee's proposed
recommendations regarding petitions for disenfranchisement and considering
applicants' protests.
2.1.4.2.2. If the Council's recommendation is to approve a petition for
disenfranchisement from membership, it shall be the responsibility of the
Membership Council to issue an order for the disenfranchisement of said
member from the Nation and to ensure that said applicant shall have access
to their right of appeal.
2.1.4.2.3. If the Council's recommendation shall be to reject a petition for
disenfranchisement from membership, it shall be the responsibility of the
Membership Council to ensure that the Enrollment Committee shall have access
to their right of appeal.
2.2. Enrollment Committee
2.2.1. An Enrollment Committee shall be established which shall consist of
the Registrar, an Assistant Registrar for Enrollment, an Enrollment
Committee Member for Enrollment, and an Enrollment Committee Member for
Records.
2.2.1.1. Enrollment Committee Members shall be appointed by the Registrar,
approved by the National Chairman, and confirmed by the National Council.
2.2.1.2. All Enrollment Committee Members shall serve two years from the
date of appointment and may be removed by the National Council for failure
to perform the duties set forth in this Title.
2.2.1.3. Enrollment Committee Members shall serve without pay but may be
reimbursed for any expenses incurred in connection with their official
duties if provisions for such have been specifically authorized and
shall be
in accordance with the terms and conditions of such reimbursement by the
National Council.
2.2.1.4. Upon accepting appointment, each Enrollment Committee Member shall
sign an oath, which shall become part of the enrollment records, stating
that he or she will serve according to the best of his or her ability and
will keep all enrollment records confidential.
2.2.2. The Enrollment Committee shall have the authority to:
2.2.2.1. review and propose recommendations to amend enrollment procedures
that are consistent with this Title to the Membership Council;
2.2.2.2. accept, review, and propose recommendations to the Membership
Council on all new applications for enrollment based upon Naturalization;
2.2.2.3. Initiate, review, and issue a petition for disenfranchisement of
naturalized citizens in cases involving falsified or inaccurate enrollment
documents; and,
2.2.2.4. Render testimony before the National Council and/or the Judicial
Appeals Tribunal in appeal, disenfranchisement, or disenfranchisement cases.
2.2.3. The Registrar shall present reports on all actions of, and
recommendations and petitions by, the Enrollment Committee without undue
delay to the Membership Council.
2.2.4. Duties of the Enrollment Committee
2.2.4.1. The Enrollment Committee shall have the following duties with
regard to the processing of applications for enrollment:
2.2.4.1.1. It shall be the duty of the Enrollment Committee to consider the
qualifications and to determine the eligibility of those applying to have
their names entered in the Metis Nation of the South Register in accordance
with the membership by Naturalization provisions of this Title and the
procedures implemented by the Membership Council.
2.2.4.1.2. The Enrollment Committee shall render a detailed, written
recommendation to the Membership Council for the Council's consideration
based on all information gained during the course of committee investigation
into each enrollment application.
2.2.4.2. The Enrollment Committee shall have the following duties with
regard to the initiation of petitions for disenfranchisement:
2.2.4.2.1. It shall be the duty of the Enrollment Committee to consider the
merits and to determine the legitimacy of causing a member's name to be
removed from the Metis Nation of the South Register in accordance with the
provisions of this Title and the procedures implemented by the Membership
Council in cases involving the discovery of an applicant's use of falsified
or inaccurate enrollment documents.
2.2.4.2.2. The Enrollment Committee shall render a detailed, written
recommendation in the form of a disenfranchisement petition to the
Membership Council for the Council's consideration based on all information
gained during the course of committee investigation into said case.
2.3. Registration Committee
2.3.1. A Registration Committee shall be established which shall consist of
the Deputy Registrar, the Assistant Registrar for Registration, a Committee
Member for Registration, and a Committee Member for Records.
2.3.1.1. Registration Committee Members shall be appointed by the Deputy
Registrar, approved by the National Chairman, and confirmed by the National
Council.
2.3.1.1.1. All Registration Committee Members shall serve two years from the
date of appointment and may be removed by the National Council for failure
to perform the duties set forth in this Title.
2.3.1.1.2. Registration Committee Members shall serve without pay but
may be
reimbursed for any expenses incurred in connection with their official
duties if provisions for such have been specifically authorized and
shall be
in accordance with the terms and conditions of such reimbursement by the
National Council.
2.3.1.1.3. Upon accepting appointment, each Registration Committee Member
shall sign an oath, which shall become part of the enrollment records,
stating that he or she will serve according to the best of his or her
ability and will keep all enrollment records confidential.
2.3.2. The Registration Committee shall have the authority to:
2.3.2.1. review and propose recommendations to amend registration procedures
that are consistent with this Title to the Membership Council;
2.3.2.2. accept, review, and propose recommendations to the Membership
Council for action on all new applications for enrollment based upon birth,
adoption, marriage, close/immediate family relationship; and,
2.3.2.3. Initiate, review, and the issuance of a petition for
disenfranchisement of Citizens enrolled based upon birth, adoption,
marriage, or close/immediate family relationship in cases involving
falsified or inaccurate enrollment documents; and,
2.3.2.4. Render testimony before the National Council and/or the Judicial
Appeals Tribunal in appeal, disenfranchisement, or disenfranchisement cases
2.3.3. The Deputy Registrar shall present reports on all actions of, and
recommendations and petitions by, the Registration Committee without undue
delay to the Membership Council.
2.3.4. The Registration Committee shall have the following duties:
2.3.4.1. The Registration Committee shall have the following duties with
regard to the processing of applications for enrollment:
2.3.4.1.1. It shall be the duty of the Registration Committee to consider
the qualifications and to determine the eligibility of those applying to
have their names entered in the Metis Nation of the South Register in
accordance with the provisions of this Title and the procedures implemented
by the Membership Council.
2.3.4.1.2. The Registration Committee shall render a detailed, written
recommendation to the Membership Council for the Council's consideration
based on all information gained during the course of committee investigation
into each enrollment application.
2.3.4.2. The Registration Committee shall have the following duties with
regard to the initiation of petitions for disenfranchisement:
2.3.4.2.1. It shall be the duty of the Registration Committee to consider
the merits and to determine the legitimacy of causing a member's name to be
removed from the Metis Nation of the South Register in accordance with the
provisions of this Title and the procedures implemented by the Membership
Council in cases involving the discovery of an applicant's use of falsified
or inaccurate registration documents.
2.3.4.2.2. The Registration Committee shall render a detailed, written
recommendation in the form of a disenfranchisement petition to the
Membership Council for the Council's consideration based on all information
gained during the course of committee investigation into said case.
2.4. The Office of Vital Records
2.4.1. An Office of Vital Records shall be established which shall consist
of the Deputy Registrar, the Enrollment Committee Member for Records, and
the Registration Committee Member for Records.
2.4.2. The Office of Vital Records shall have the authority to:
2.4.2.1. develop, disseminate, receive, process, and distribute applications
and related enrollment documents to the appropriate membership body;
2.4.2.2. issue all Membership Identification Cards and other membership
documents distributed to members;
2.4.2.3. maintain all enrollment documents and records on behalf of the
Metis Nation of the South.
2.4.3. The Deputy Registrar shall present reports on all actions of, and
recommendations and petitions by, the Office of Vital Records without undue
delay to the Membership Council.
2.4.4. The Office of Vital Records shall have the following duties:
2.4.4.1. The Office of Vital Records shall be responsible for handling all
written and oral communications relating to enrollment and registration
matters on behalf of the Membership Council and the Enrollment and
Registration Committees.
2.4.4.2. The Office of Vital Records shall be responsible for the
maintenance of all enrollment documents and records. The records shall
include originals or copies of documents received to support the
applications.
2.4.4.3. The Office of Vital Records shall maintain the National Registry,
and the roll contained therein, as accurately as possible.
2.4.4.4. The Office of Vital Records shall be available to lend appropriate
assistance to the Membership Council and to the Enrollment and Registration
Committees.
2.4.4.5. The Office of Vital Records shall make a semi-annual report to the
Membership Council of its proceedings and activities, including the number
of new enrollees during the preceding semi-annual period and the current
number of national members.
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Chapter 3. Eligibility for Membership
3.0. Membership within the Metis Nation of the South is based upon the
established historical precedents of the Metis Peoples.
3.1. The specific requirements are as follows:
3.1.1. Citizenship by Birth
3.1.1.1. Any person whose mother or father is a citizen of the Nation, is
automatically a citizen by birth.
3.1.2. Citizenship by Adoption
3.1.2.1. Any person who was adopted as a child, according to the laws of any
non-Metis jurisdiction, by a citizen of the nation is automatically a
citizen by adoption.
3.1.2.2. Any person who has been adopted as a child or adult, according to
such adoption laws as may be set by the National Council of The Metis Nation
of the South, is automatically a citizen by adoption.
3.1.3. Citizenship by Marriage:
3.1.3.1. Any person who has legally married a citizen of the Nation is
automatically a citizen by marriage.
3.1.3.2. Any person who lives with a citizen of the Nation as their husband,
wife, or significant other is automatically a citizen by common law
marriage.
3.1.4. Citizenship by Family Relationship:
3.1.4.1. Any person who has one of the following closely related/immediate
family relationships with a citizen of the Nation is automatically a citizen
by family relationship:
3.1.4.1.1. Great-Grandparent /Grandparent
3.1.4.1.2. Parent
3.1.4.1.3. In-Law
3.1.4.1.4. Step or Foster Child
3.1.4.1.5. Sister
3.1.4.1.6. Brother
3.1.4.1.7. Aunt
3.1.4.1.8. Uncle
3.1.4.1.9. Niece
3.1.4.1.10. Nephew
3.1.4.1.11. First Cousin
3.1.4.1.12. Anyone who resides as a permanent member of the citizen's
household
3.1.5. Citizenship by Naturalization:
3.1.5.1. Any person has the right to apply for citizenship by means of
naturalization. There shall be no law restricting the right to apply for
citizenship by non-citizens.
3.2. There shall be no distinction as to the rights of persons placed on the
National Roll under Paragraph 3.1 above, after enrollment has been
completed.
3.3. Dual Enrollment
3.3.1. Citizens of the nation are permitted to retain citizenship in any
other nation
3.4. Residency Requirements
3.4.1. There shall be no residency requirement for citizenship; however,
citizens shall be required to maintain an up-to-date record of the address
and telephone number of their permanent residence with the Office of Vital
Records.
3.4.2. Citizens who do not reside within the territorial jurisdiction of the
nation are considered to be legal residents of the common territory of the
nation for purposes of membership in a band or clan of the Nation.
3.5. Sponsorships
3.5.1. All documentation required under this Title may be filed by a parent,
next of kin, legal or recognized guardian, person responsible for their
care, or other sponsor on behalf of:
3.5.1.1. a minor;
3.5.1.2. an incapacitated, incompetent, or other person otherwise in
need of
assistance;
3.5.1.3. a member of the armed or other government services of Canada, the
United States, or Mexico; or,
3.5.1.4. any person by a member of his or her immediate family.
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Chapter 4. Enrollment
4.0. All enrollments into the Nation shall take place under the provisions
of this Chapter.
4.0.1. All persons who prove under the rules and standards set out in this
Chapter that they meet all qualifications for enrollment shall have a right
to enroll in the Nation.
4.0.1.1. Citizens by birth, adoption, marriage, or family relationship are
automatically eligible for inclusion on the National Roll. They need not
complete the enrollment application provisions of this Chapter, but shall
register their membership in accordance with the provisions of Chapter 5 of
this Title.
4.0.2. An applicant denied the right to enroll shall have the right to
appeal the decision to deny enrollment, but they shall not, under any
circumstances, be compensable in money damages against the Nation, its'
employees or officers.
4.1. Application Form.
4.1.1. The Office of Vital Records shall develop an application form that
must be used when making application for enrollment. The form shall be
entitled "Application for Enrollment" and shall contain space for the
following information:
4.1.1.1. Name and address of the applicant;
4.1.1.2. All names by which the applicant is or has been known;
4.1.1.3. Date of birth of the applicant;
4.1.1.4. Names of the parents of the applicant and the identities of the
aboriginal and non-aboriginal ancestries through whom lineal descent is
traced for each;
4.1.1.5. Name, address and relationship of the sponsor making the
application on behalf of an applicant who is:
4.1.1.5.1. a minor;
4.1.1.5.2. an incapacitated, incompetent, or other person otherwise in need
of assistance;
4.1.1.5.3. a member of the armed or other government services of Canada, the
United States, or Mexico; or,
4.1.1.5.4. any person by a member of his or her immediate family.
4.1.1.6. Certification by the applicant or sponsor that the information is
true.
4.1.2. Supporting Documents:
4.1.2.1. At least one supportive document other than the application form
shall accompany each application. The Enrollment Committee shall have the
authority to require the applicant to furnish such evidence or proof as is
necessary to support the Committee's recommendation.
4.1.2.2. The Membership Council shall establish the nature and types of
acceptable evidence, which may include, but not be limited to, court
documents, state or federal records, hospital and medical records, or signed
affidavits or other statements.
4.1.2.3. Copies of any official document or record that contain typed or
handwritten corrections or additions or have been altered in any other way
will be unacceptable for enrollment purposes.
4.1.3. False Statements/Concealment of Facts
4.1.3.1. It shall be unlawful for any person, in any document required by
the Office of Vital Records, to be published or kept as part of the record
of any applicant for enrollment purposes, to commit any of the following
acts:
4.1.3.1.1. Make any false statement or representation of fact, knowing
it to
be false.
4.1.3.1.2. Knowingly conceal, cover up, alter, or fail to disclose any fact,
the disclosure of which is required to verify, explain, clarify or check for
accuracy and completeness, any enrollment document.
4.1.3.2. Any person found to be in violation of Sub-Paragraph 4.1.3.1 after
a hearing before the Enrollment Committee may be subject to denial of
his or
her enrollment application, and/or disenfranchisement, subject to review by
the National Council pursuant to Chapter 8 of this Title.
4.2. Submission of Application for Enrollment:
4.2.1. Applicants attempting to enroll shall file a copy of the "Application
For Enrollment" as required in Paragraph 4.1.1 of this Chapter.
4.2.1.1. The Office of Vital Records shall make every effort to assist
applicants in filling out the Application for Enrollment and the Office of
Vital Records shall record the date of first contact with applicants,
whether that contact is by telephone, personal appearance or letter, as the
date of filing the Application for Enrollment.
4.2.2. Applicants attempting to enroll shall file copies of the supporting
documents or records as required in Paragraph 4.1.2 of this Chapter.
4.2.2.1. In the absence of copies of the legal documents or records required
by Paragraph 4.1.2 of this Chapter, the Office of Vital Records shall have
the authority to require the applicant to furnish a "Statement of Oral
History and Traditions."
4.2.2.1.1. Each page of this Statement shall bear the applicant's notarized
signature and date.
4.2.2.1.2. The form of the Statement shall be in accordance with Annex 3 of
this Title.
4.3. Processing of Application
4.3.1. Enrollment Application Review by the Office of Vital Records
4.3.1.1. The Office of Vital Records shall review each enrollment
application, and shall, as appropriate, research, interview, and request in
writing from the applicant, sponsor, or any other interested person, any
additional information deemed pertinent in establishing the applicant's
eligibility for membership. An applicant shall have the burden of coming
forward with evidence supporting eligibility.
4.3.1.2. The Office of Vital Records shall, as part of its review, complete
a Relevant Data Form that shall enumerate and describe all documents and
records supplied by the applicant.
4.3.1.3. The Office of Vital Records shall, based upon its review, make a
written recommendation to the Enrollment Committee concerning the
eligibility of the application for enrollment, citing the reasons therefore.
4.3.1.3.1. The original of said recommendation shall be attached to the
Relevant Data Form.
4.3.1.3.2. Written notice of the recommendation of the Office of Vital
Records shall be sent to the applicant within three (3) working days of the
date of the recommendation. The notice shall contain, at a minimum, a copy
of the recommendation, the basis of the decision, a copy of this Chapter,
and a brief explanation of the Application Process.
4.3.1.4. All applications, and the recommendations thereon, received by the
Office of Vital Records shall be presented to the Enrollment Committee at
the next regularly scheduled meeting of the Enrollment Committee after
receipt of the application. An application received less than thirty (30)
days prior to a regularly scheduled meeting may be presented at the next
subsequent regularly scheduled meeting, provided that nothing herein shall
prohibit a special Enrollment Committee meeting for such purposes.
4.3.1.4.1. If the recommendation of the Office of Vital Records is
unfavorable, the applicant shall be afforded the right to file a written
protest in accordance with Chapter 10 of this Title to the Office of Vital
Records for transfer to, and additional consideration by, the Enrollment
Committee.
4.3.1.4.1.1. The applicant's protest may include any comments and/or
additional details and/or documentation that the applicant wishes to be
considered.
4.3.1.4.1.2. The applicant's protest shall be filed no later than ten (10)
days prior to their scheduled enrollment hearing by the Enrollment
Committee. Any protest received after that date shall only be considered at
the sole discretion of the Enrollment Committee. The applicant shall
have no
right of protest or appeal of a Committee decision to not consider a protest
received after the required submission date.
4.3.2. Enrollment Hearing by the Enrollment Committee
4.3.2.1. The Enrollment Committee shall hold a private hearing on each
enrollment application, and shall, as appropriate, research, interview, and
request in writing from the applicant, or any other interested person, any
additional information deemed pertinent in establishing the applicant's
eligibility for membership. An applicant shall have the burden of coming
forward with evidence supporting eligibility.
4.3.2.2. The Enrollment Committee shall, as part of its hearing,
document on
the Relevant Data Form an enumeration and description of all additional
documents and records supplied by the applicant or other interested person
to the Committee in support or rejection of the application.
4.3.2.3. The Enrollment Committee shall, based upon its hearing, make a
formal, written recommendation of enrollment or recommendation of denial
which shall be attached to the Relevant Data Form, and a copy of which shall
be returned to the Office of Vital Records to be sent to the applicant.
4.3.2.3.1. If the recommendation of the Enrollment Committee is to accept
the enrollment of the applicant, the application, all supporting
documentation, and said recommendation, citing the reasons therefore, shall
be forwarded to the Membership Council.
4.3.2.3.2. If the recommendation of the Enrollment Committee is to deny the
enrollment of the applicant, the Committee may at its discretion:
4.3.2.3.2.1. return the application, all supporting documentation, and said
recommendation, citing the reasons therefore, to the Office of Vital Records
for further study and documentation; or,
4.3.2.3.2.2. forward the application, all supporting documentation, and said
recommendation, citing the reasons therefore, to the Membership Council.
4.3.2.4. The application, all supporting documentation, and said
recommendations thereon by the Office of Vital Records and the Enrollment
Committee shall be presented to the Membership Council at the next regularly
scheduled meeting of the Membership Council after completion of the hearing
by the Enrollment Committee. An application forwarded less than thirty (30)
days prior to a regularly scheduled meeting may be presented at the next
subsequent regularly scheduled meeting, provided that nothing herein shall
prohibit a special Membership Council meeting for such purposes.
4.3.2.4.1. If the recommendation of Enrollment Committee is unfavorable, the
applicant shall be afforded the right to file a written protest in
accordance with Chapter 10 of this Title to the Office of Vital Records for
transfer to, and additional consideration by, the Membership Council.
4.3.2.4.1.1. The applicant's protest may include any comments and/or
additional details and/or documentation that the applicant wishes to be
considered.
4.3.2.4.1.2. The applicant's protest shall be filed no later than ten (10)
days prior to their scheduled enrollment hearing by the Membership Council.
Any protest received after that date shall only be considered at the sole
discretion of the Membership Council. The applicant shall have no right of
protest or appeal of a Council decision to not consider a protest received
after the required submission date.
4.3.3. Enrollment Determination by the Membership Council
4.3.3.1. The Membership Council shall, within sixty (60) days of the filing
with the Membership Council of the written recommendation of the Enrollment
Committee, approve or disapprove the recommendation, in writing, by majority
vote of the Membership Council and convey notice of approval or disapproval
to the applicant.
4.3.3.1.1. A failure by the Membership Council to act within sixty (60) days
of the filing of a recommendation from the Enrollment Committee shall cause
the Enrollment Committee's recommendation to become final for the Nation on
the sixty-first (61'st) day after receipt of the recommendation by the
Membership Council.
4.3.3.1.2. A vote by a majority of the Membership Council in favor of the
Enrollment Committee's recommendation to either approve or reject said
applicant for enrollment shall cause the recommendation to become final for
the Nation on the date of the vote.
4.3.3.1.3. A vote by a majority of the Membership Council against a
recommendation by the Enrollment Committee to permit enrollment of an
Applicant shall cause at the direction of the Membership Council either: (a)
the applicant to be finally denied enrollment on the date of the Membership
Council vote; or cause (b) the recommendation of the Enrollment
Committee to
be returned to the Enrollment Committee for no more than thirty days for
further review.
4.3.3.1.3.1. If a recommendation is returned for further review, a second
recommendation shall, on or before the thirtieth day after the return, be
sent back to the Membership Council in accordance with the applicable
portion of Paragraph 4.3.2 above. Upon filing of the recommendation for the
second time with the Membership Council, the Membership Council shall vote
either to permit enrollment or to finally deny enrollment; and the failure
to conduct such a vote within sixty (60) days on the second recommendation
of the Enrollment Committee, or a vote to return the second recommendation
to the Enrollment Committee, shall be considered a failure to act as in
4.3.3.1.1 above.
4.3.3.1.4. A vote by the Membership Council against a recommendation by the
Enrollment Committee to deny enrollment to an Applicant shall cause, at the
direction of the Membership Council: (a) the enrollment to be finally
permitted on the day of the vote; or (b) the recommendation to be returned
to the Enrollment Committee for no more than thirty days for further review.
4.3.3.1.4.1. If a recommendation is returned to the Enrollment Committee for
further review, it shall, on or before the thirtieth day after its return,
be sent back to the Membership Council with recommendations in accordance
with the applicable portion of Paragraph 4.3.2 above. Upon filing of the
recommendation for the second time with the Membership Council, the
Committee shall vote either to permit enrollment or to deny enrollment. A
failure to vote within sixty days on the second recommendation or a vote to
return the second recommendation to the Enrollment Committee shall be
considered a failure to act as in 4.3.3.1.1 above.
4.3.3.2. Written copies of all final decisions of the Membership Council
shall be attached to the Relevant Data Form.
4.3.4. Final Enrollment Action
4.3.4.1. Upon final action by the Membership Council, the Relevant Data Form
and attached documentation, the application, and all enrollment records
shall be returned to the Office of Vital Records for filing. A copy of the
completed Relevant Data Form shall be sent to the applicant for their
personal records.
4.3.4.1. If the final decision of the Membership Council is to approve the
enrollment of the applicant, the Office of Vital Records shall begin the
registration process of the person admitted to membership within ten (10)
days of return receipt of all records from the Membership Council.
4.3.4.1.1. The person admitted to membership by vote of the Membership
Council, or by operation of this Chapter, shall be entitled to exercise all
rights and accrues all benefits of membership effective on the date of
favorable enrollment action by the Council or by operation of this Chapter.
4.3.3.2. If the final decision of the Membership Council is to deny the
enrollment of the applicant, the applicant shall retain the right of appeal
under Chapter 10 of this Title.
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Chapter 5. Registration
5.0. All registrations into the Nation shall take place under the provisions
of this Chapter.
5.0.1. All persons who prove under the rules and standards set out in
Chapters 3 and 4 of this Title that they meet all qualifications for
registration shall have a right to register in the Nation.
5.0.1.1. Citizens by birth, adoption, marriage, family relationship, or
citizens enrolled under the provisions of Chapter 4 of this Title shall
register their membership in accordance with the provisions of this Chapter.
5.0.2. An applicant denied the right to register shall have the right to
appeal the decision to deny registration, but they shall not, under any
circumstances, be compensable in money damages against the Nation, its'
employees or officers.
5.1. Application Form.
5.1.1. The Office of Vital Records shall develop an application form that
must be used when making application for registration. The form shall be
entitled "Application for Registration" and shall contain space for the
following information:
5.1.1.1. Name and address of the applicant;
5.1.1.2. All names by which the applicant is or has been known;
5.1.1.3. Date of birth of the applicant;
5.1.1.5. Names of the parents of the applicant and the identities of the
aboriginal and non-aboriginal ancestries through whom lineal decent is
traced for each;
5.1.1.5. Name, address and relationship of the sponsor making the
application on behalf of an applicant who is:
5.1.1.5.1. A minor;
5.1.1.5.2. An incapacitated, incompetent, or other person otherwise in need
of assistance;
5.1.1.5.3. A member of the armed or other government services of Canada, the
United States, or Mexico; or,
5.1.1.5.5. Any person by a member of his or her immediate family.
5.1.1.6. Certification by the applicant or sponsor that the information is
true.
5.1.2. Supporting Documents:
5.1.2.1. At least one supportive document other than the application form
shall accompany each application. The Office of Vital Records shall have the
authority to require the applicant to furnish such evidence or proof as is
necessary to complete the registration process.
5.1.2.2. Office of Vital Records shall establish the nature and types of
acceptable evidence, which may include, but not be limited to, notarized
copies of court documents, state or federal records, hospital and medical
records, or signed affidavits or other statements.
5.1.2.3. Copies of any official document or record that contain typed or
handwritten corrections or additions or have been altered in any other way
will be unacceptable for registration purposes.
5.1.3. False Statements/Concealment of Facts
5.1.3.1. It shall be unlawful for any person, in any document required by
the Office of Vital Records, to be published or kept as part of the record
of any applicant for registration purposes, to commit any of the following
acts:
5.1.3.1.1. Make any false statement or representation of fact, knowing
it to
be false.
5.1.3.1.2. Knowingly conceal, cover up, alter, or fail to disclose any fact,
the disclosure of which is required to verify, explain, clarify or check for
accuracy and completeness, any registration document.
5.1.3.2. Any person found to be in violation of Sub-Paragraph 5.1.3.1 after
a hearing before the Registration Committee, may be subject to denial of his
or her registration application, and/or deregistration, subject to
review by
the National Council pursuant to Chapter 8 of this Title.
5.2. Membership Numbers
5.2.1. There shall be a number assigned to every name, which is approved and
entered into the Metis Nation of the South Register. This number shall be
preceded by the seven (7) words, "Metis Nation of the South Registry
Number."
5.2.2. The number shall consist of two (2) parts:
5.2.2.1. The Member's Identification Number which shall consist of the year
code and Julian day of enrollment and the sequential roll entry number.
5.2.2.1.1. The Member's Identification Number shall be permanent and shall
be imprinted upon their Membership Identification Card.
5.2.2.2. The Member's Registry Information Number which shall consist of the
number of the District in which they reside, the number assigned to their
Clan affiliation (if any), the number assigned to their Band affiliation (if
any), and such other coded information as may be deemed relevant by the
Membership Council, approved by the National Chairman, and ratified by the
National Council.
5.2.2.2.1. The Member's Registry Information Number shall be updated to
reflect changes in the member's residence, Clan or Band affiliation, or
other coded data within thirty (30) days of said change.
5.2.3. Confidentiality of Membership Numbers
5.2.3.1. The Member's Identification Number shall be deemed private
information and shall only be used by authorized public officials of the
Metis Nation of the South and of those nations, organizations, and other
entities with whom the Metis Nation of the South enjoys treaties or other
reciprocal agreements for those official purposes that require the positive
identification of the member.
5.2.3.1.1. Nothing in this provision shall preclude the member from
personally revealing their Membership Identification Number to any
individual they shall personally deem.
5.2.3.2. The Members' Registry Information Number shall be deemed
confidential, subject to the confidentiality provisions of this Title, and
shall only be used by the Office of Vital Records for the purposes of
maintaining accurate counts and membership lists of the Districts, Clans,
Bands, and other groups encoded in said numbers.
5.3. Registration of Citizenship:
5.3.1. All minors who are citizens by birth or adoption must have their
citizenship registered by their parent, guardian, or other adult sponsor no
later than their twelfth birthday.
5.3.1.1. Failure to register citizenship does not revoke the claimant's
citizenship, however no citizen over the age of twelve (12) who has failed
to have his/her citizenship registered shall be granted any identification
document until he/she has registered his/her citizenship.
5.3.2. To register his/her citizenship, a person must submit a citizenship
registration form (This form shall require the applicant to give their
complete name, marital status, names and ages of any children, date and
place of birth, parents names, address of residence, and the basis of their
claim of citizenship by birth, adoption, marriage, family relationship, or
naturalization), and a statement of Oath of Citizenship.
5.3.3. All persons who are citizens by naturalization are considered to have
registered their citizenship in the completion of their naturalization
application and their statement of the Oath of Citizenship.
5.3.4. The Statement of Oath of Citizenship shall be as follows:
"I, __(print name here)__, pledge my oath to the Metis Nation of the South.
I promise to uphold the constitution of the Nation and to honor the
traditions of my ancestors."
5.3.4.1. Such statement shall be signed and dated by the one giving the
oath. Any person who is unable to write shall make his mark, or upon extreme
hardship may make said oath orally before two witnesses who will make a
written statement, under threat of perjury to have heard the administration
of the oath.
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Chapter 6. National Identification Cards
6.0. Issuance of a National Identification Card
6.0.1. Each member shall be eligible to receive a Metis Nation of the South
Identification Card, issued under the authority of the National Council,
identifying him or her as a member of the Metis Nation of the South.
6.0.2. The National Registrar, or their authorized representative, has been
delegated the official responsibility for the issuance of the cards.
6.0.3. To the extent that cost factors will allow, such cards shall be made
of relatively permanent material, shall be difficult to alter or
fraudulently reproduce, shall be numbered and shall clearly identify the
holder of the card.
6.0.4. The purpose of such cards is solely to facilitate the prompt
identification of the party to authorized public officials of the Metis
Nation of the South and of those nations, organizations, and other entities
with whom the Metis Nation of the South enjoys treaties or other reciprocal
agreements as one who enjoys certain rights under treaty or otherwise.
6.0.5. Failure to hold such card, or to have such card in ones possession,
shall not constitute a ground for depriving a member of rights to which he
or she would otherwise be entitled.
6.0.5.1. The rights upheld in Paragraph 5.0.5 shall not extend to situations
or circumstances where the production of such card shall constitute
proof of
enrollment for the purposes of receiving a discount or reduction in cost of
attendance, inclusion, or participation in an event or the purchase of goods
or services issued to verifiable enrolled members of the Metis Nation of the
South which is hosted or offered by the Metis Nation of the South or those
nations, organizations, or other entities with whom the Metis Nation of the
South enjoys treaties or other reciprocal agreements.
6.0.5.2. Production of such card at a later date or time, shall not
constitute grounds for the receipt of a refund for monies paid equal to the
discount which would have been extended if said member had produced such
card at the time of payment for registration in said event or purchase of
said goods or services.
6.0.6. The fee for such cards shall not exceed an amount required to cover
costs.
6.1. Alteration, Unauthorized Reproduction, or Fraudulent Use
6.1.1. No non-authorized person shall alter any identification card or other
identification document issued pursuant to the provisions of this Code, nor
reproduce any such card, license or permit, nor shall any person falsely
represent to any authorized public official that he or she is the proper
holder of such card or other identification document in their possession.
6.1.2. Anyone who violates this paragraph shall be subject to the following
penalties.
6.1.2.1. If said person is an enrolled member of the Metis Nation of the
South, they shall:
6.1.2.1.1. on first violation - receive a warning and said card shall be
confiscated and destroyed.
6.1.2.1.2. on second violation - forfeit a punitive fine in a sum not to
exceed $25.00 ($10.00 deposit permitted) and said card shall be confiscated
and destroyed
6.1.2.1.3. on third violation - forfeit a punitive fine in a sum not to
exceed $50.00 ($10.00 deposit permitted) and said card shall be confiscated
and destroyed
6.1.2.1.4. on fourth violation - case shall be transferred to the Judicial
Appeals Tribunal. The Tribunal, with the General Council sitting as jury,
shall hear the case for disenfranchisement.
6.1.2.1. If said person is not an enrolled member of the Metis Nation of the
South, they shall:
6.1.2.1.1. on first violation - receive a warning and said card shall be
confiscated. A copy of said warning and the confiscated card shall be
retained for future evidence if needed.
6.1.2.1.2. on second violation - forfeit a punitive fine in a sum not to
exceed $50.00 ($10.00 deposit permitted) and said card shall be confiscated.
A copy of the National Court proceedings and the confiscated card shall be
retained for future evidence if needed.
6.1.2.1.3. on third violation - the card shall be confiscated and said
individual shall be turned over to the applicable extra-national law
enforcement agency or judicial system having jurisdiction over said
individual on charges of forgery and/or such other charges as may be deemed
appropriate. Copies of all retained records and confiscated, forged
Identification Cards shall be turned over to that jurisdiction to be
used by
that jurisdiction as evidence against said individual in criminal
proceedings against them.
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Chapter 7. Bands and Clans
7.1. Bands
7.1.1. Registration of a band
7.1.1.1. An individual, on behalf of themselves or a group residing
within a
specific geographical area, may register a band by submitting a written
"Notice of Intent to Establish a Band of the Metis Nation of the South" to
the Office of Vital Records.
7.1.1.2. Said Notice shall contain:
7.1.1.2.1. the name of the proposed band;
7.1.1.2.2. the name of the interim band leader, who shall be the person
filing said Notice;
7.1.1.2.3. a description and map of the geographical area in which the
proposed band will operate;
7.1.1.2.4. a statement that the band will comply with the Constitution and
all of the Codes, Rules, and Policies of the Metis Nation of the South;
7.1.1.2.5. the printed names, Metis Nation of the South Membership
Identification Numbers, and signatures of all proposed members of the band
at the time of the petition; and,
7.1.1.2.6. such other provisions as the Membership Council shall deem
necessary.
7.1.1.3. Upon receipt of a valid and complete, written Notice, the
Office of
Vital Records shall designate a band number, verify that all proposed band
members are duly and properly enrolled, and submit a report attesting to
these facts as a cover page of the Notice to the Membership Council for
approval. The report shall note any discrepancies or errors found in the
Notice.
7.1.1.4. The Membership Council shall only have the right of rejection in
situations where an approved band already exists which includes or overlaps
the geographic area proposed, or where the interim leader or a majority of
proposed band members are not enrolled members in the Metis Nation of the
South. In the case of rejection, the Notice and a listing of discrepancies
causing the rejection shall be returned to the interim band leader for
correction or modification of the Notice if possible.
7.1.1.5. If none of the causes for rejection are present, the Membership
Council shall approve the registration of the band and designate a
Membership Council member who shall serve as the liaison and ombudsman for
the newly formed band. The Council shall then return a copy of said actions
to the Office of Vital Records who shall issue a "Notice of Approval to
Establish a Band" to the interim band leader.
7.1.2. Band Charter
7.1.2.1. The appointed Membership Council Member shall assist the new band
in the development of a Band Charter that shall serve as the band's
'Constitution.'
7.1.2.2. The new band shall have a period of one year from the date of the
issuance of the "Notice of Approval to Establish a Band" in which to
formulate, ratify, and submit a copy of the Band Charter to the Membership
Council for approval.
7.1.2.3. If the band fails to complete the requirements for the submission
of a Band Charter, the interim band leader must hold a general election
within 30 days after the one year anniversary to determine a new interim
band leader who shall take office immediately upon completion of the ballot
count and the winner declared. The new band leader shall have 120 calendar
days to gain an approved Band Charter, or the "Notice of Approval to
Establish a Band" shall be revoked and the group will be disbanded.
7.1.2.4. Upon receipt of a Notice of Charter Approval from the Membership
Council, the provisions contained therein shall go into effect 30 days after
the issuance of said Notice.
7.1.3. Rights, Duties, and Obligations of a Band
7.1.3.1. The band shall designate individuals totaling ten percent (10%) of
their membership who shall serve as voting members on the District Council
of the district in which the band is located. In addition, the band shall
designate two (2) women who shall serve as voting members of the Women's
Council.
7.1.3.2. Each band shall designate a band reporter whose function shall be
to maintain records of the activities of the band and to gather other news
about the band and its members. The band reporter shall issue monthly
reports to the Public Relations Coordinator on the band's activities and
other news.
7.1.3.3. Each band shall have such additional rights, duties, and
obligations as may be established by the Council of Elders, the Women's
Council, or the National Council.
7.2. Clans
7.2.1. Registration of a Clan
7.2.1.1. A family may register a clan by submitting a written "Notice of
Intent to Establish a Clan of the Metis Nation of the South" to the Office
of Vital Records.
7.2.1.2. Said Notice shall contain the name of the proposed clan; the names
of the Clan Mother and Father, who shall be the eldest living enrolled
female and male members respectively of the clan family; a listing of all
enrolled family members at the time of clan registration; and shall also
include the Membership Identification Numbers for each proposed clan member.
7.2.1.3. Upon receipt of a valid, written "Notice of Intent to Establish a
Clan of the Metis Nation of the South," the Office of Vital Records shall
issue a clan designation number, verify that all proposed clan members are
duly and properly enrolled, and submit a report attesting to these facts as
a cover page of the Notice to the Membership Council for approval.
7.2.1.4. The Membership Council shall only have the right of rejection in
situations where a majority of proposed clan members are not enrolled
members in the Metis Nation of the South. In the case of rejection, the
Notice and a listing of proposed clan members who are not enrolled members
in the Metis Nation of the South causing the rejection shall be returned to
the Clan Mother until said members are duly enrolled.
7.2.1.5. Upon Membership Council approval, the Council shall return a copy
of said approval to the Office of Vital Records who shall issue a Clan
Charter to the Clan Mother. Upon the death or resignation of the Clan
Mother, said Charter shall be passed on to her successor as Clan Mother.
7.2.2. Rights, Duties, and Obligations of a Clan
7.2.2.1. The Clan Mother and Father of each Clan shall serve as voting
members of the Council of Elders. In addition, the Clan Mother shall also
serve as a voting member of the Women's Council.
7.2.2.2. Each clan shall designate a clan reporter whose function shall be
to maintain records of the activities of the clan and to gather other news
about the clan and its members. The clan reporter shall issue monthly
reports to the Public Relations Coordinator on the clan's activities and
other news.
7.2.2.3. Each clan shall have such additional rights, duties, and
obligations as may be established by the Council of Elders, the Women's
Council, or the National Council.
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Chapter 8. Removal from Membership
8.0. Removal
Any person may voluntarily or involuntarily have his or her name removed
from the National Membership Roll of the Metis Nation of the South.
8.1. Relinquishment
8.1.0. Any person may voluntarily have his or her name removed from the
National Membership Roll of the Metis Nation of the South by relinquishing
membership in the Metis Nation of the South.
8.1.1. Relinquishment of membership shall be accomplished by submitting to
the Office of Vital Records a notarized statement of relinquishment on a
form required and provided by the Office of Vital Records.
8.1.2. Requests for relinquishment of membership shall be processed in the
manner specified for enrollment applications in Chapter 4 of this Code,
except insofar as a request for relinquishment may not be denied unless the
person is legally incompetent.
8.1.3. In the case of a minor child under the age of eighteen years, the
relinquishment statement must be signed by the guardian or both parents, if
married, or if separated or divorced, by the parent given permanent physical
custody of said child; provided, that if the minor child is fifteen
years of
age or older, and is otherwise competent, the child must also sign a
notarized statement of relinquishment required by Section 8.1.1.
8.1.3.1. If a child fifteen years of age or older refuses or fails to
sign a
statement of relinquishment and is otherwise competent, and advises the
National Council, after being given the opportunity to be heard, of a desire
to remain enrolled with the Metis Nation of the South, the parents or
guardians request to relinquish said child's enrollment shall not be granted
unless the National Council concludes that relinquishment would be in the
best interest of the child.
8.1.4. If an enrolled member over eighteen (18) years of age relinquishes
membership in the Metis Nation of the South, said person shall be prohibited
from reenrollment in the Nation; provided, however, that if the enrolled
member was under eighteen (18) years of age at the time of relinquishment,
said person may reapply for enrollment in the Metis Nation of the South upon
reaching the age of eighteen (18).
8.1.4.1. Once a request for relinquishment is submitted to the Office of
Vital Records and accepted by resolution of the Membership Council,
relinquishment of membership in the Metis Nation of the South shall be total
and irrevocable. No right of review shall exist and the person's name shall
be deleted from the National Membership Roll.
8.2. Disenfranchisement
8.2.0. Any person may involuntarily have his or her name removed from the
membership roll of the Metis Nation of the South by disenfranchisement in
accordance with the provisions of this Chapter.
8.2.0.1. All disenfranchisement actions shall be approved by the Enrollment
Committee and be brought by the Office of Vital Records. The
disenfranchisement action may be commenced by request of any National member
or on the initiative of the Office of Vital Records with approval of the
Enrollment Committee.
8.2.1. Grounds for Disenfranchisement
8.2.1.1. The only grounds for disenfranchisement pursuant to this Chapter
shall be Enrollment or Registration based on false information, forged
document(s), or administrative error.
8.2.1.2. The grounds for any action to disenfranchise a member pursuant to
criminal or other proceedings under the jurisdiction of the National Courts
and/or the National Council of the Metis Nation of the South shall be
pursuant to provisions established therefore elsewhere in the Code of Laws
of the Metis Nation of the South.
8.3. Notice of Disenfranchisement Action
8.3.1. Any person who is the subject of a disenfranchisement action
shall be
served written notice by the Office of Vital Records that such action is
pending and the facts alleged to support the action.
8.4. Disenfranchisement Hearing
8.4.1. A hearing before the Enrollment Committee shall be conducted in any
disenfranchisement action.
8.4.2. Scheduling of Disenfranchisement Hearing
8.4.2.1. The notice required by Section 1-706 shall specify a hearing date
and time not less than twenty (20) nor more than fifty (50) days after
mailing of the notice unless the notice is mailed to an address outside the
Continental United States, in which case the hearing date shall be set not
less than fifty (50) nor more than sixty-five (65) days from the date of
mailing.
8.4.2.2. The Enrollment Committee Chairperson may reschedule a hearing upon
a showing that circumstances exist that require an extension of time. Any
request for extension of time shall be made to the Office of Vital Records,
which shall immediately refer the request to the Enrollment Committee
Chairperson who shall grant or deny in writing the request for extension of
time within three (3) days of receipt of the request from the Office of
Vital Records.
8.4.3. Conduct of Hearing, Burden of Proof
8.4.3.1. At the disenfranchisement hearing before the Enrollment Committee,
the person who is subject of the disenfranchisement action shall have the
right to present evidence, to be heard on his or her own behalf and to
examine witnesses.
8.4.3.2. The Enrollment Committee shall consider any matter or information
relevant and material to the circumstances alleged to be grounds for
disenfranchisement.
8.4.3.3. The burden of proving grounds for disenfranchisement shall be on
the party who initiated the disenfranchisement proceeding.
8.4.3.4. All disenfranchisement hearings before the Enrollment Committee
shall be either taped or recorded by a court reporter. A transcript of the
hearing shall be prepared within ten (10) working days of completion of the
hearing.
8.4.4. Decision of Enrollment Committee
8.4.4.1. The Enrollment Committee shall consider the record and evidence
presented at the hearing and shall by resolution decide the question of
disenfranchisement.
8.4.4.2. A decision on disenfranchisement shall be subject to review as set
forth in Chapter 8 of this Code.
8.4.4.3. The person that is the subject of a disenfranchisement action shall
be notified in writing by the Office of Vital Records of the
disenfranchisement decision within three (3) working days after it is
rendered.
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Chapter 9. Deceased Members
9.0. This Chapter shall govern the policies regarding the actions necessary
upon the death of an enrolled member.
9.1. A next of kin shall, within 30 calendars of an enrolled member's death,
notify the Office of Vital Records in writing of the death.
9.1.1. Said written notification shall include an attached notarized
copy of
the death certificate and a copy of the text of an obituary.
9.2. Within 10 calendar days of receipt of said notification, the Office of
Vital Records shall cause:
9.2.1. A personal letter of condolence, signed by the National Chairman on
behalf of the Nation, to be mailed to the immediate family members of said
deceased member; and,
9.2.2. A copy of the obituary to be publicly posted on the Nation's internet
discussion group, and such other public fora as may be deemed
appropriate by
the Office of Vital Records and/or the National Chairman.
9.3. Within 20 calendar days of receipt of said notification, the Office of
Vital Records shall cause:
9.3.1. The copy of the death certificate and a copy of the letter of
condolence to be added to said deceased member's membership file;
9.3.2. Deceased member's file to be closed and placed into a catalogued
archive of deceased members; and,
9.3.3. The deceased member's name to be stricken from the current Membership
Roll and added to the Memorial Roll of Deceased Members.
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Chapter 10. Appeals
10.1. Appeals to the Judicial Appeals Tribunal
10.1.0. This Sub-Chapter applies only in cases where:
10.1.0.1. A person has applied for enrollment and has been denied by
majority vote of the Enrollment Committee; or,
10.1.0.2. A person has been disenrolled under this Chapter by majority vote
of the Enrollment Committee; or,
10.1.0.3. A finding of no substantial new evidence to open an enrollment has
been made.
10.1.0.4. No appeal of decisions regarding adoption shall be allowed.
10.1.1. The Judicial Appeal Tribunal shall have exclusive jurisdiction to
hear all appeals of disenfranchisement or enrollment decisions in the manner
set out in this Chapter. No jury shall be allowed in disenfranchisement or
enrollment matters.
10.1.1.1. To the extent necessary for the hearing of appeals under this
Chapter, and as limited by this Chapter, the Metis Nation of the South
hereby makes a limited waiver of its immunity from suit in the Judicial
Appeal Tribunal for the purpose of hearing appeals from enrollment decisions
of the Enrollment Committee and issuing judgment as provided in this
Chapter.
10.1.2. Appeals from disenfranchisements or denials of enrollment by the
Enrollment Committee shall proceed in the Judicial Appeal Tribunal pursuant
to the sections of these Codes of Law governing Civil Actions and Civil
Rules of Court except where specifically provided in this Chapter. No appeal
may be brought under this section unless it is filed within one year of the
decision of the Enrollment Committee to deny enrollment or disenroll. The
fact that a person has petitioned for adoption at the same time as appeal
from an enrollment or disenfranchisement decision is filed shall have no
bearing whatsoever on appeals under this section.
10.1.3. The only grounds for appeal of an enrollment decision under this
section shall be:
10.1.3.1. That the decision of the Enrollment Committee is unsupported by
the facts; or
10.1.3.2. That the Enrollment Committee has by its actions, violated the
Constitution of the Metis Nation of the South.
10.1.4. The only remedies that the Court may order in matters appealed under
this section are injunctive requiring enrollment or re-enrollment.
10.1.5. There shall be, in all appeals under this Chapter a presumption,
rebuttable by the appellant, that the Enrollment Committee has acted
properly, consistent with the facts of the case, this Chapter, and the
Constitution of the Confederated Tribes of the Colville Reservation.
10.1.6. Appellants shall have the burden of proving their case by clear and
convincing evidence. The Court in ruling on an appeal shall strictly
construe provisions of this Chapter.
10.1.7. If the Court rules against an appellant in any appeal under this
Chapter, the appellant shall pay all court costs and the reasonable
attorneys fees of the Metis Nation of the South expended in defending
against the appeal. If the Court rules for an appellee in any appeal under
this section, each party shall bear his or her own expenses.
10.2. Review by the National Council
10.2.1.Right of Review
Any affected or interested party shall be entitled to a review hearing
before the National Council with respect to any enrollment decision made by
the Enrollment Committee, excluding acceptance of relinquishment.
10.2.2. Scheduling of Review Hearing
10.2.2.1. Any person entitled to review of an enrollment decision, for which
no review hearing date and time has been specified, may file with the Office
of Vital Records a written request for a review hearing on that decision.
The Office of Vital Records shall advise the person of the right of review
and all time deadlines.
10.2.2.2. No hearing shall be set and the person shall be deemed to have
waived any right to review of the enrollment decision unless the written
request is received by the Office of Vital Records no later than thirty (30)
days after the date of mailing of notification of the decision, or not later
than sixty (60) days after the date of the mailing, if the notification is
mailed outside the Continental United States.
10.2.2.3. Upon the timely filing of a written request, the Office of Vital
Records shall notify the National Council. The National Council shall
conduct a review hearing not less than twenty (20) nor more than fifty (50)
days after the date the request is received by the Office of Vital Records.
Notice of such hearing shall be served upon the petitioner, not less than
ten (10) days prior to the hearing date.
10.2.2.4. The National Chairman may reschedule a review hearing upon a
showing that circumstances exist that require an extension of time. Requests
for extension of time shall be directed to the Office of Vital Records or
the Enrollment Committee Chairperson, which or who shall immediately refer
the request to the National Chairman. The National Chairman shall
respond in
writing granting or denying the request for extension of time within three
(3) days of receipt of the request from the Enrollment Committee Chairperson
or the Office of Vital Records.
10.2.3. Record of Supporting Statements and Data
10.2.3.1. Any affected or interested party, other than the person who is the
subject of an action, shall be required to specify in writing the reasons
for challenge of an enrollment decision and shall submit all date in support
thereof. Such written statement and data shall be submitted to the
Office of
Vital Records no later than ten (10) days prior to the hearing date set.
10.2.3.2. The Office of Vital Records shall serve notice upon all affected
parties of the filing of such written statement and supporting data and
shall further advise of the availability of these materials for examination
at the Office of Vital Records.
10.2.3.3. Any party may obtain a copy of the record prepared by the Office
of Vital Records at its own expense at copying rates established and set by
the Office of Vital Records.
10.2.4. Review Record
10.2.4.1. Upon the setting of a time and date for a review hearing, the
Office of Vital Records shall transmit to the National Council copies of the
complete record pertaining to the enrollment decision.
10.2.4.2. National Council review shall be limited to the record established
and a party or person shall not be allowed to submit any additional evidence
or testimony other than oral argument unless such is newly discovered
evidence which by due diligence could not have been discovered earlier
or is
being presented by a petitioner who had no opportunity to participate in the
action prior to review.
10.2.4.3. A party or person may at his or her own expense be represented by
an attorney or lay advocate at the review hearing before the National
Council.
10.2.5. Burden of Proof
10.2.5.1. In any action challenging eligibility or other enrollment
decision, the burden of proof shall be on the challenger.
10.2.5.2. In any action challenging a decision of the Enrollment Committee
to disenroll, the burden of proof shall be upon the Metis Nation of the
South.
10.2.6. Decision of the National Council
10.2.6.1. In reaching a decision, the National Council shall consider the
record presented, such additional evidence that is deemed admissible and any
oral presentation or argument made.
10.2.6.2. If evidence presented for the first time on review forms a basis
for the decision reached, the National Council shall so state.
10.2.6.3. The National Council shall issue findings of fact for each
petition.
10.2.6.4. The decision of the National Council on review shall be final and
conclusive. There shall be no review and the Office of Vital Records shall
make changes to the National Membership Roll in accordance with the decision
of the National Council.
10.2.6.5. The challenger and affected parties shall be notified in writing
by the Office of Vital Records of the Council's review decision within three
(3) working days after it is rendered.
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PLEASE NOTE: Title 4 also includes Annex 1, Membership Application
Forms; Annex 2, Genealogy Worksheets; and. Annex 3, Statement of Oral
History and Tradition as well as the oath of citizenship. These items
can be reviewed on the membership application page.
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