[llama66]

The whole system is horribly flawed, and I think its time we drop it.

[housewife]

Freakinoldguy Freakinoldguy:

So I don't know how the Bands can still keep their off Reserve Members from voting but they do and the Government allows it despite the ruling.

The government either doesn't care or doesn't want to open any cans of worms.

Either way not good policy. If the act says all band members can vote reguardless of residency then she was not re-elected, the vote was not legal.

[ShepherdsDog]

i'm afraid you're going to have to back up that assertion about murdering, otherwise we'll have to call bullshit on it.

[housewife]

ShepherdsDog ShepherdsDog:

i'm afraid you're going to have to back up that assertion about murdering, otherwise we'll have to call bullshit on it.

You can call bullshit if you want no skin off my nose. I will see if I can find the ref.

[PublicAnimalNo9]

Freakinoldguy Freakinoldguy:

PublicAnimalNo9 PublicAnimalNo9:

Actually, I've been giving this a rethink. This is really no different than a mayoral election.
It's also not like all of those living off reserve are living off reserve for official reasons either.
It's the job of the Chief of Attawapiskat to look after and represent the people living there.
It would be like me expecting to still be able to vote in Windsor's municipal elections because I lived there for almost 25 years.

But it's not a Mayoral election since it falls under the Indian Act which, was found to be in contravention of Section 15 of the Charter of Rights and Freedoms by the Corbiere decision.

$1:

Members of the Batchewana Indian Band, on behalf of themselves and all other non-resident members of the band, sought a declaration that section 77(1) of the Indian Act violates section 15(1) of the Charter. The section of the Indian Act states that only band members be "ordinary resident" on the reserve in order to vote in the band elections even though only one third of the registered members live on the reserve.

The court unanimously agreed with the Court of Appeal's ruling that the Act violated section 15(1) of the Charter. However, the Court was split 5 to 4 on the proper application of the test.

The majority opinion was written by McLachlin and Bastarache JJ. with Lamer C.J., Major, and Cory JJ. concurring.

The Court found that an analogous ground upon which a section 15 claim can be based must be immutable, either actually immutable, such as race, or constructively immutable such as religion. Furthermore, once a ground is identified as analogous it remains analogous for all circumstances.
The minority opinion was given by L'Heureux-Dubé with Gonthier, Iacobucci and Binnie JJ. concurring

So I don't know how the Bands can still keep their off Reserve Members from voting but they do and the Government allows it despite the ruling.

I'm not entirely sure how I.A. 77(1) violates CoRF 15(1):

$1:

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

I'm at a complete loss as to how the courts managed to figure that NOT being resident in a community for non-official reasons should somehow not prevent you from voting in said community's elections.

In fact, it sounds like the ruling is in violation of section 15(1) since equality would demand that either we ALL get to vote in elections in towns we no longer live in, or none of us do.

[Curtman]

Freakinoldguy Freakinoldguy:

Curtman Curtman:

Well the topic is that she was re-elected. I'm asking FOG, or you, or anyone who
cares about Attawapiskat. Who should have been elected?

The issue isn't her being re-elected it's the lack of participation by all band members in making that decision that's at issue.

Yes it is!!!!!

It's a democracy. You have to pick one of the candidates, or abstain. Which one did you think had good ideas about fixing the situation in Attawapiskat?

If you can't pick one, then you are voting for the incumbent. (Theresa Spence)

$1:

Christine Kataquapit, is trying to make a leap from band councillor to chief. She filled in as chief for Spence during the hunger strike.

Kataquapit says Spence should have consulted her people before starting off on the high-profile protest.

"There should have been more community meetings, so people can be happy,” she told CBC News.

How about her? You want people to be happy don't you?

[Curtman]

PublicAnimalNo9 PublicAnimalNo9:

Freakinoldguy Freakinoldguy:

PublicAnimalNo9 PublicAnimalNo9:

Actually, I've been giving this a rethink. This is really no different than a mayoral election.
It's also not like all of those living off reserve are living off reserve for official reasons either.
It's the job of the Chief of Attawapiskat to look after and represent the people living there.
It would be like me expecting to still be able to vote in Windsor's municipal elections because I lived there for almost 25 years.

But it's not a Mayoral election since it falls under the Indian Act which, was found to be in contravention of Section 15 of the Charter of Rights and Freedoms by the Corbiere decision.

$1:

Members of the Batchewana Indian Band, on behalf of themselves and all other non-resident members of the band, sought a declaration that section 77(1) of the Indian Act violates section 15(1) of the Charter. The section of the Indian Act states that only band members be "ordinary resident" on the reserve in order to vote in the band elections even though only one third of the registered members live on the reserve.

The court unanimously agreed with the Court of Appeal's ruling that the Act violated section 15(1) of the Charter. However, the Court was split 5 to 4 on the proper application of the test.

The majority opinion was written by McLachlin and Bastarache JJ. with Lamer C.J., Major, and Cory JJ. concurring.

The Court found that an analogous ground upon which a section 15 claim can be based must be immutable, either actually immutable, such as race, or constructively immutable such as religion. Furthermore, once a ground is identified as analogous it remains analogous for all circumstances.
The minority opinion was given by L'Heureux-Dubé with Gonthier, Iacobucci and Binnie JJ. concurring

So I don't know how the Bands can still keep their off Reserve Members from voting but they do and the Government allows it despite the ruling.

I'm not entirely sure how I.A. 77(1) violates CoRF 15(1):

$1:

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

I'm at a complete loss as to how the courts managed to figure that NOT being resident in a community for non-official reasons should somehow not prevent you from voting in said community's elections.

In fact, it sounds like the ruling is in violation of section 15(1) since equality would demand that either we ALL get to vote in elections in towns we no longer live in, or none of us do.

Its even more stupid than that though. Non residents were allowed to vote! All they had to do was show up on the reserve to cast their ballot.

[OnTheIce]

Curtman Curtman:

Its even more stupid than that though. Non residents were allowed to vote! All they had to do was show up on the reserve to cast their ballot.

Why aren't natives offered the same options to vote as the rest of Canadians?

[Curtman]

OnTheIce OnTheIce:

Curtman Curtman:

Its even more stupid than that though. Non residents were allowed to vote! All they had to do was show up on the reserve to cast their ballot.

Why aren't natives offered the same options to vote as the rest of Canadians?

PublicAnimalNo9 PublicAnimalNo9:

This is really no different than a mayoral election.
It's also not like all of those living off reserve are living off reserve for official reasons either.
It's the job of the Chief of Attawapiskat to look after and represent the people living there.
It would be like me expecting to still be able to vote in Windsor's municipal elections because I lived there for almost 25 years.

I don't know, ask the city of Windsor.

[OnTheIce]

Curtman Curtman:

I don't know, ask the city of Windsor.

Apples and oranges.

Being part of a Band is nothing like being a resident of a City. When you move away, you're still a member of the Band.

I love how you're arguing against Natives having more voting freedom just for the sake of being argumentative and just to back a woman who's been nothing short of a failure for her community.

If you're all about making conditions better for Natives, you're doing it wrong.

[Curtman]

OnTheIce OnTheIce:

Curtman Curtman:

I don't know, ask the city of Windsor.

Apples and oranges.

Being part of a Band is nothing like being a resident of a City. When you move away, you're still a member of the Band.

I love how you're arguing against Natives having more voting freedom just for the sake of being argumentative and just to back a woman who's been nothing short of a failure for her community.

If you're all about making conditions better for Natives, you're doing it wrong.

Right, making fun of someone's appearance and whining about the white race being picked on is the way to go about it.

Troll.

[OnTheIce]

Curtman Curtman:

Right, making fun of someone's appearance and whining about the white race being picked on is the way to go about it.

Troll.

If you're done having a conversation Curt, you can just say "I'm done" or run away crying like you did before.

There's no trolling here and I don't give a shit about Thief Spence...you're the one trying to champion the Native cause so what I say about the fat bitch is irrelevant because I'm not fighting for the cause, YOU ARE.

As for whining about the white race being "picked on"? Pure fiction. Start with a little more facts and a little less whining yourself.

[Freakinoldguy]

Curtman Curtman:

Freakinoldguy Freakinoldguy:

Curtman Curtman:

Well the topic is that she was re-elected. I'm asking FOG, or you, or anyone who
cares about Attawapiskat. Who should have been elected?

The issue isn't her being re-elected it's the lack of participation by all band members in making that decision that's at issue.

Yes it is!!!!!

It's a democracy. You have to pick one of the candidates, or abstain. Which one did you think had good ideas about fixing the situation in Attawapiskat?

If you can't pick one, then you are voting for the incumbent. (Theresa Spence)

$1:

Christine Kataquapit, is trying to make a leap from band councillor to chief. She filled in as chief for Spence during the hunger strike.

Kataquapit says Spence should have consulted her people before starting off on the high-profile protest.

"There should have been more community meetings, so people can be happy,” she told CBC News.

How about her? You want people to be happy don't you?

I guess the 214 people who voted for her are happy and over a thousand that were excluded despite a Supreme Court of Canada ruling, not so much.

In case you hadn't noticed there's a big difference between choosing not to vote and not being allowed to vote. One is democratic, one isn't.

So if you want the people to be happy like you claim. Allow them "all" to chose their own destiny and that includes the ones who left Attiwapiskat because of no housing, no work and no hope.

[andyt]

So what level of government do you see the band council being? As has been pointed out, you don't get to vote in municipal or provincial elections if you don't maintain residence there. Why is it so bad that it's the same case here? I don't see all the fuss. Personally I think band councils should have the same status as a municipality, no more, so it would make sense to me that only residents can vote. Of course if I was dictator, there would be no special benefits for natives anyway, whether on or off reserves. Except of course the massive transitional funding that would be required to move to that system - can't just leave them all out there to starve.

[Curtman]

Freakinoldguy Freakinoldguy:

Curtman Curtman:

It's a democracy. You have to pick one of the candidates, or abstain. Which one did you think had good ideas about fixing the situation in Attawapiskat?

If you can't pick one, then you are voting for the incumbent. (Theresa Spence)

$1:

Christine Kataquapit, is trying to make a leap from band councillor to chief. She filled in as chief for Spence during the hunger strike.

Kataquapit says Spence should have consulted her people before starting off on the high-profile protest.

"There should have been more community meetings, so people can be happy,” she told CBC News.

How about her? You want people to be happy don't you?

I guess the 214 people who voted for her are happy and over a thousand that were excluded despite a Supreme Court of Canada ruling, not so much.

In case you hadn't noticed there's a big difference between choosing not to vote and not being allowed to vote. One is democratic, one isn't.

So if you want the people to be happy like you claim. Allow them "all" to chose their own destiny and that includes the ones who left Attiwapiskat because of no housing, no work and no hope.

They were allowed to vote.