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July 2022

Self government

Declaration of Autonomy | Journal-news

Stephen Fedoriw

Berkeley Springs

The Declaration of Independence

We remember this day of July 4, 1776 as a day of fireworks and family celebrations, and that is very good. But as we examine the events of our country of our founding fathers and their writings, we begin to grasp the sacrifice they made of their “lives, fortunes and sacred honor”. And this sacrifice was made for the generations that will follow them. Historians marvel at how America improved law and order during and after the Revolutionary War.

Many other countries after enduring a revolution are wrecked and in disarray. Yet within 35 years America had already begun to rival Britain as the largest country in the world. Our Declaration of Independence indicates the origin of American laws. And yet, our founders understood that good laws are beneficial, good men are better. It is for this reason that our founders emphasized that men of high morality, who knew how to govern themselves, were a benefit to society.

James Madison, the father of the Constitution said, “We have staked the whole future of American civilization, not on the power of government, far from it. We have staked the future of all of our political institutions on the ability of each of us to govern, control and sustain ourselves according to the Ten Commandments of God.

Robert Charles Winthrop, Speaker of the House of Representatives, 1847-1849, said, “All society must be governed one way or another. The less strict state government they have, the more individual autonomy they must have. The less public or physical right they have, the more they must rely on private moral coercion. Men, in a word, must necessarily be controlled either by a power within them or by a power outside them; either by the word of God, or by the strong arm of men; either by the Bible or by the bayonet.

Our Founding Fathers witnessed the disorder of moral anarchy that the French Revolution brought, with its riots, looters and the burning of its churches. The French abandoned ethics and moral boundaries, which led to the establishment of a military dictator.

Read our Declaration of Independence, examine these words of wisdom, and see that it is moral self-reliance that America needs, not anarchy, rioters, and racial looters. Because our country has disarmed our churches, we are left powerless in the face of mass shootings. As Charles Winthrop said, “Either by the Bible or by the bayonet.”

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Home rule

Home rule, inflation and a peek into outer space – Orlando Sentinel

Joanie Schirm, founding chair of the GEC; Orlando 1994 World Cup Committee Chairman

Last week: CONGRATULATIONS TO NASA: Growing up in Melbourne during the birth of the space age, I closely followed the evolution of the National Aeronautics and Space Administration established in 1958. Emphasizing the peaceful applications of space science, NASA is focused on better understanding our Earth, exploring our Milky Way to unseen galaxies. Stunning first views from the James Webb Space Telescope research mission are already advancing our knowledge of the Big Bang and the birth and death of stars. Coming full circle in his stellar life, Melbourne native, former senator, astronaut and now NASA Administrator Bill Nelson hailed NASA’s greatest achievement in decades, acknowledging the global science team that made it possible .

Look forward: GOOD LUCK, LEE: Congratulations to the Florida Counties Association, representing Florida’s 67 counties in the Legislative Assembly and the Governor’s Office, for selecting Lee Constantine of Seminole County as President. For two decades, Constantine served the Seminole County Commission after serving as a state representative and senator. His passion for the environment is well known. Its dedicated support for “home rule” allows local citizens to retain the maximum opportunity to contribute to the policies, laws and decisions that affect our daily lives. The current overreach of the GOP-led Legislature and Governor has shown that they want to take power, giving us less freedom to govern locally. Good luck, Lee.

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Sovereignty

Four BC First Nations reach self-government agreements over education

From the First Nations Education Steering Committee: https://www.newswire.ca/news-releases/four-bc-first-nations-conclude-self-government-agreements-regarding-education-834404859.html

At a celebration at Seabird Island today, four First Nations – the Cowichan Tribes, Lil’wat Nation, ʔaq’am and Seabird Island – were recognized and celebrated for reaching self-government agreements regarding the education on their land. Through their Education Jurisdiction Agreements signed with Canada, the four First Nations now have recognized law-making authority over their K-12 education systems, including authority over teacher certification, academic certification, graduation requirements, curriculum, and course approval.

The event is also a celebration of the creation of the First Nations Education Authority (FNEA), which will help participating First Nations build capacity to provide education on First Nations lands. The board of directors of the new FNEA will consist of two directors appointed by each of the participating First Nations.

This achievement is an important step towards realizing the right of First Nations to establish and control their educational system and institutions, as affirmed by the United Nations Declaration on the Rights of Indigenous Peoples and recognized by the section 35 of the Constitution Act, 1982.

The Education Jurisdiction Agreements are historic agreements that lay the groundwork for the four participating First Nations to make decisions and pass laws in the best interests of their learners. This will help them exercise control over their education on their land instead of being subject to federal policy changes.

First Nations in British Columbia have worked collectively for more than two decades to advance First Nations control over education through the Education Skills Initiative. The First Nations Education Steering Committee (FNESC), a political and advocacy organization that represents and works on behalf of First Nations in British Columbia, has provided a wide range of support to First Nations claiming jurisdiction over education.

Quotation

“The affirmation of our own governance in education has been a long process. With the achievement of jurisdiction over education and our new legislative authority, we are fundamentally changing the system and taking an important step to assert our rights as Indigenous peoples. – Stephanie Atleo, President of the First Nations Education Authority

“Educational competence is about providing culturally relevant and excellent education to ensure our young people graduate with the knowledge, skills and credentials to thrive in all the opportunities they have. choose for higher learning, employment and life choices. I congratulate all the First Nations who have been involved in the educational jurisdictions process for their strength of vision and their perseverance. – Tyrone McNeil, Chair of the First Nations Education Steering Committee and member of Seabird Island First Nation

“Recognition of jurisdiction over First Nations education will have lasting and significant benefits for young people in First Nations schools. I thank the four participating First Nations for their innovative work and look forward to working with the new First Nations Education Authority. .” – Aaron Burgess, President of the Association of First Nations Schools

“All First Nations learners deserve every opportunity to perform at their best. Through the Education Jurisdiction, we have worked in partnership with the First Nations Education Steering Committee and the Government of Canada to formally recognize and support First Nations communities in education and training. empowerment of their children. and young people through the creation of their own community-led learning. This historic change in education will allow participating First Nations to certify teachers and schools, approve courses and set graduation requirements. – The Honorable Jennifer Whiteside, Minister of Education and Child Care

“Today is a historic day for First Nations learners in British Columbia, as well as for the ʔaq̓am, Cowichan, Lil’wat Nation and Seabird Island communities. Control of Indigenous education, led by Indigenous peoples, is essential to ensure they have the tools they need to succeed and stay connected to their culture and language. Congratulations on this achievement in strengthening your identities, culture, languages ​​and heritage through the provision of culturally relevant primary and secondary education. – The Honorable Marc Miller, Minister of Crown-Indigenous Relations

“Signing these Education Skills Agreements will transform the way First Nations students learn, helping them achieve their goals and reach their full potential. The ?aq’am, the Cowichan Tribes, the Lil’wat Nation and Seabird Island and the First Nations Education Steering Committee are leading the way, and they have reached this place of self-determination through their unwavering vision. Congratulations to everyone involved!” – The Honorable Patty Hajdu, Minister of Indigenous Services

Fast facts

  • In 1972, the First Nations of Canada endorsed the Indian Control of Indian Education Policy, promoting an educational approach based on parental responsibility and local control. This was updated in 2010 by the Assembly of First Nations in its Policy Statement on First Nations Control of First Nations Education. BC First Nations continue to strive for full control over First Nations education.
  • Indigenous peoples have the right to establish and control their educational system and institutions within the framework of their inherent rights to self-determination and self-government as affirmed in the United Nations Declaration on the rights of indigenous peoples and also recognized and affirmed under section 35 of the Constitution Act, 1982.
  • In 2006, FNESC, British Columbia and Canada signed the Education Jurisdiction Framework Agreement which recognized the right of First Nations in British Columbia to establish and control their own education systems. ‘education. Canada subsequently passed legislation in 2006, and British Columbia did the same in 2007, codifying this recognition and paving the way for First Nations to assume jurisdiction.
  • The Education Jurisdiction Initiative is designed to support First Nations exercise of self-government in education with enabling legislation and a series of tripartite and bilateral agreements – including the – Comprehensive Tripartite Education Jurisdiction Framework, model agreements to be signed by Canada and Participating First Nations. , and other agreements between British Columbia and FNEA, FNESC and Participating First Nations.
  • A Participating First Nation (PNP) is a First Nation that has jurisdiction over its education system, which includes the power to:
    • Make educational laws for education within its territory through its chief and council
    • Establish a governance structure either through its chief and council or through another government authority they have established (e.g. community school authority)
  • In 2021, British Columbia passed legislation to enable cooperation and assistance between the Ministry of Education and Child Care and FNEA in teacher regulation. The agreements are expected to be finalized this summer.
  • The FNEA, established on July 1, 2022, will help participating First Nations build capacity to provide education on First Nations lands. The FNEA will exercise the powers delegated by the NFPs in the following areas:
    • teacher certificate
    • School certificate
    • Graduation Requirements and Course Approval

Related links

First Nations Education Steering Committee: http://www.fnesc.ca/

First Nations Schools Association: https://www.fnsa.ca/

Government of Canada: https://www.canada.ca/en.html

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Home rule

Early voting underway for mayor, 3 council seats, home rule measure in Chandler

The first ballots have been mailed for the primary election for Mayor and City Council in Chandler.

Ballots for Chandler’s Aug. 2 primary election for mayor, three council seats and a proposal for how the city can spend its money were mailed Wednesday, July 6 to voters who turned out. registered on the active early voting list.

A second round of elections would take place on November 8, if necessary.

MAYOR

Kevin Hartke
Ruth Jones

Mayor Kevin Hartke is seeking a second term, opposed by Ruth Jones.

Hartke, 66 and a resident of Chandler for 37 years, is an associate pastor at Trinity Christian Fellowship. He joined the city council in 2008 and served two full terms before being elected mayor in 2018.

Jones, 55, a mortgage loan officer, has lived in Chandler for two years.

MUNICIPAL COUNCIL

Matt Orlando
Encinas Angel
Darla Gonzalez
Jane Poston
Farhana Shifa

Five candidates are vying for three seats on the Council. Council members Terry Roe and Rene Lopez, as two-term members, are appointed and must step down. Incumbent Matt Orlando is up for re-election.

Orlando, 66 and a resident of the city for 38 years, is challenged by Angel Encinas, Darla Gonzalez, Jane Poston and Farhana Shifa.

Encinas works with community members to provide legal status, employment opportunities, housing, and community services.

Gonzalez, 56 and a resident of Chandler for 18 years, is self-employed with Gonzalez Professional Services and is the local director of the Az Free Enterprise Club.

Poston, 53 and a resident of the city for 13 years, owner/partner of J2 Media and former employee of the Chandler Public Information Office.

Shifa, 46 and a resident of Chandler for 16 years, owns The Joy of Fine Arts.

Prop. 470, Home Rule

Proposition 470, the alternative option of spending restraint and autonomy, is put to voters by the city council, asking for a four-year extension of a measure that voters first approved in 1982 and which allows the council to establish the budget according to the specificities of the city. needs in general government, public safety, public works, and utilities, rather than being constrained by the state-mandated spending formula based on the 1979-80 fiscal year established by the Arizona Legislature . It wouldn’t raise taxes or allow Chandler to spend more than he receives in income.

Chandler voters have endorsed Home Rule for local budget control 10 times in a row.

If approved, Chandler estimates he would be allowed to spend approximately $766,205,118 in 2023-24 (limited to $543,443,438 if Home Rule is not approved), $734,813,629 in 2024-25 ($578,389,413 if not approved), $739,234,393 in 2025-26 ($575,701,116 if not). approved) and $745,992,632 in 2026-2027 ($587,398,668 if not approved).

If the measure fails, the revenue would still be collected, but the city would be prevented from applying it to essential functions, such as police, fire, streets, parks and libraries. This, the city says, would force it to make drastic cuts to essential services, impacting its ability to meet residents’ basic needs.

The recommended last day to return a ballot is Tuesday, July 26. Ballots can also be dropped off at polling centers or ballot boxes until 7 p.m. on Tuesday, August 2.

Chandler City Hall, 175 S. Arizona Ave., will serve as the voting center Friday, July 22 through Monday, August 1, from 9 a.m. to 5 p.m. Monday through Friday.

On Election Day, Aug. 2, voters can vote in person or drop off a ballot from 6 a.m. to 7 p.m.

Complete list of voting centers and ballot boxes: locations.maricopa.vote.

Independent voters or voters not registered with a political party can participate in the primary election. They can choose which ballot to receive: the Democratic race, the Republican race, or voting on Chandler’s questions only. The city’s measures will appear on the ballot of both political parties. Independent voters can call Maricopa County Elections at 602-506-1511 to find out how to request a ballot.

Chandler primary election information: chandleraz.gov/elections, City Clerk at 480-782-2181 or Maricopa County Elections at 602-506-1511.

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Self government

Four BC First Nations reach education self-government agreements

SEABIRD ISLAND, BC, July 11, 2022 /CNW/ – At a celebration at Seabird Island today, four First Nations – the Cowichan Tribes, Lil’wat Nation, ʔaq’am and Seabird Island – were recognized and celebrated for reaching self-government agreements government regarding education on their land. Thanks to their school jurisdiction agreements signed with Canadathe four First Nations now have recognized legislative authority over their K-12 education systems, including authority over teacher certification, school certification, graduation requirements, curricula studies and course approvals.

The event is also a celebration of the creation of the First Nations Education Authority (FNEA), which will help participating First Nations build capacity to provide education on First Nations lands. The board of directors of the new FNEA will consist of two directors appointed by each of the participating First Nations.

This achievement is an important step towards realizing the right of First Nations to establish and control their education system and institutions, as affirmed by the United Nations Declaration on the Rights of Indigenous Peoples and as recognized under section 35 of the Constitution Act 1982.

The Education Jurisdiction Agreements are historic agreements that lay the groundwork for the four participating First Nations to make decisions and pass laws in the best interests of their learners. This will help them exercise control over their education on their land instead of being subject to federal policy changes.

First Nations in British Columbia have been working collectively for more than two decades to advance First Nations control over education through the Education Skills Initiative. The First Nations Education Steering Committee (FNESC), a political and advocacy organization that represents and works on behalf of First Nations in British Columbia, has provided a wide range of support to First Nations claiming jurisdiction over education.

Quotation

“The affirmation of our own governance in education has been a long journey. With the achievement of jurisdiction over education and our new legislative authority, we are fundamentally changing the system and taking an important step in asserting our rights as Indigenous peoples.
Stephanie Atleo
President of the First Nations Education Authority

“Education Competence aims to provide a culturally relevant and excellent education to ensure that our young people graduate with the knowledge, skills and credentials to thrive in all the opportunities they get. choose for higher learning, employment and life choices. I congratulate all the First Nations who have been involved in the educational jurisdictions process for their strength of vision and their perseverance.
Tyrone McNeilChair of the First Nations Education Steering Committee and Member of Seabird Island First Nation

“Recognition of jurisdiction over First Nations education will have lasting and significant benefits for young people in First Nations schools. I thank the four participating First Nations for their innovative work and look forward to working with the new First Nations Education Authority. .”
Aaron Burgess
President of the Association of First Nations Schools

“All First Nations learners deserve every opportunity to perform at their best. Through the Education Jurisdiction, we have worked in partnership with the First Nations Education Steering Committee and the Government of Canada formally recognize and support First Nations communities in educating and empowering their children and youth through the creation of their own community-led learning. This historic change in education will allow participating First Nations to certify teachers and schools, approve courses and set graduation requirements. »
The Honorable Jennifer Whiteside
Minister of Education and Childcare

“Today is a historic day for learners of British Columbia, and for the ʔaq̓am, Cowichan Tribes, Lil’wat Nation and Seabird Island communities. Control of Indigenous education, led by Indigenous peoples, is essential to ensure they have the tools they need to succeed and stay connected to their culture and language. Congratulations on this achievement in strengthening your identities, culture, languages ​​and heritage through the provision of culturally relevant primary and secondary education.”
The Honorable Marc Miller
Minister of Crown-Indigenous Relations

“Signing these Education Skills Agreements will transform the way First Nations students learn, helping them achieve their goals and reach their full potential. The ?aq’am, the Cowichan Tribes, the Lil’wat Nation and Seabird Island and the First Nations Education Steering Committee are leading the way, and they have reached this place of self-determination through their unwavering vision. Congratulations to everyone involved!”
The Honorable Patty Hajdu
Minister of Indigenous Services

Fast facts

  • In 1972, the First Nations of Canada endorsed the Indian Control of Indian Education Policy, promoting an educational approach based on parental responsibility and local control. This was updated in 2010 by the Assembly of First Nations in its Policy Statement on First Nations Control of First Nations Education. BC First Nations continue to strive for full control over First Nations education.
  • Indigenous peoples have the right to establish and control their educational system and institutions within the framework of their inherent rights to self-determination and self-government, as affirmed in the United Nations Declaration on the Rights of Indigenous Peoples and also as recognized and affirmed under Article 35 of the Constitution Act 1982.
  • In 2006 FNESC, British Columbia and Canada signed the Education Jurisdiction Framework Agreement which recognizes the right of BC First Nations to establish and control their own education systems. Canada passed a law in 2006, and British Columbia did the same in 2007, codifying this recognition and paving the way for First Nations to assume jurisdiction.
  • The Education Jurisdiction Initiative is designed to support the exercise of self-government in education by First Nations through enabling legislation and a series of tripartite and bilateral agreements, including the Tripartite Framework Agreement on Education Jurisdiction, standard agreements to be signed by Canada and Participating First Nations, and other agreements between British Columbia and FNEA, FNESC and Participating First Nations.
  • A Participating First Nation (PNP) is a First Nation that has jurisdiction over its education system, which includes the power to:
    • Make educational laws for education within its territory through its chief and council
    • Establish a governance structure either through its chief and council or another governmental authority they establish (e.g. community school authority)
  • In 2021, British Columbia passed legislation to enable cooperation and assistance between the Ministry of Education and Childcare and the FNEA on the regulation of teachers. The agreements are expected to be finalized this summer.
  • The FNEA, created July 1, 2022, will help participating First Nations develop the capacity to provide education on First Nations lands. The FNEA will exercise the powers delegated by the NFPs in the following areas:
    • teacher certificate
    • School certificate
    • Graduation Requirements and Course Approval

Related links
First Nations Education Steering Committee
First Nations Schools Association
Government of Canada

SOURCE First Nations Education Steering Committee

For further information: Jennifer White, Manager, Communications and Events, First Nations Education Steering Committee, Cell: 250-240-2157, Email: [email protected]; Ministry of Education and Child Care, Government Communications and Public Engagement, Province of British Columbia, Phone: 250-356-5963; Renelle Arsenault, Director of Communications, Office of the Honorable Marc Miller, Minister of Crown-Indigenous Relations, Email: [email protected]; CIRNAC Media Relations: Email: [email protected]Phone: 819-934-2302

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Sovereignty

INDIAN DEMAND FOR AUTONOMY: The Tribune India

The Manchester Guardian has done a service of equal value to India and the Empire by sending a special correspondent to that country on a fact-finding mission. The two articles which the correspondent has hitherto contributed to the paper, and extracts from which have now been received in this country, show that he has taken great pains to see men of all shades of view, and to obtain them expressions of opinion. regarding the current situation in India which can be considered fairly representative. In his second letter he says that he has spoken to a few journalists and politicians in Bombay, some of them co-operators and some non-co-operators, and when he asks them what the English government should do, all said India did not want to get what the British thought good of her, but wanted to be allowed to decide for herself what she needed. They suggested a round table, at which all classes and interests in India should be represented, and at which officials should be present to provide information. In our view, this statement of the Indian position requires modification. The Conference should follow and not precede a decision by the British statesman to let India become mistress of her own house, within a time to be specified with her consent, and to grant her a full measure of responsible government, including provincial and fiscal autonomy. freedom, insofar as it may be deemed possible in the circumstances. This is perhaps precisely what the correspondent himself means when he says: – “Asked about what the Conference is likely to propose, most of them, including some non-cooperators, answer: “Autonomy is not immediate and complete. .’ They recognize the need for a transition period, which some estimate at five years, but most at ten years. Few are willing to consider a longer transition period.

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Self government

Roadmap for restoring local self-government in Ukraine

The ongoing large-scale military aggression of the Russian Federation against Ukraine, launched in February 2022, has significantly affected democratic governance in Ukraine at all levels, including the well-advanced process of decentralization reform.

What are the main challenges of the local self-government system identified by the Ukrainian national authorities? How do the authorities plan to deal with this in a long-term perspective? What additional measures are needed to mitigate existing problems? Are the proposed solutions in line with the principles of the European Charter of Local Self-Government?

To answer these and many other questions and in response to a request from the Parliamentary Specialized Committee on Local Self-Government, the Council of Europe’s Center of Expertise for Good Governance has prepared the Policy Opinion on the roadmap for the revival of local autonomy Consequences of the war (CEGG/PAD(2022)3 of June 30, 2022).

This comprehensive roadmap was designed by the National Council for Recovery under the Presidency of Ukraine and covers a large number of areas of social and economic life. It contains a specific sub-chapter devoted to the development of local self-government, aimed at achieving a list of four key reform objectives.

The political opinion has been prepared within the framework of the Council of Europe program “Strengthening decentralization and public administration reform in Ukraine”. Its recommendations will be further implemented in the framework of the joint initiative on “Good democratic governance in Ukraine: moving forward in a post-war context” launched on 29 June 2022 by the Council of Europe and its national partners in Ukraine: Committee, Ministry of Community and Territory Development, and the Central Election Commission.

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Sovereignty

Amendment to the Shíshálh Nation Self-Government Act

The House of Commons voted unanimously to remove the “patriarchal” requirement for federal approval for amendments to the nation’s constitution.

An amendment to the self-government agreement between the Shíshálh Nation and Canada passed unanimously in the House of Commons on June 22, slipping just before the House adjourned for the summer.

But behind that moment – ​​that vote – were years of work.

The first chord

Thirty-six years ago, the Shíshálh Nation was the first First Nation to sign a self-government agreement with Canada. Several autonomy agreements would come after this, each learning from the last, but that of shíshálh was the first. Many of the clauses of this agreement were archaic, copied and pasted from Indian Act and the Constitution, Warren Paull told the nation shíshálh hiwus (chief) coastal journalist, and needed modernization.

The new legislation clarifies that the nation can change its own constitution without federal government oversight or approval – which is included in subsequent self-government agreements.

“It gives the nation much greater authority over things that only concern the nation,” Patrick Weiler, MP for West Vancouver-Sunshine Coast-Sea, told Sky Country.

Until last month, legislative changes had to go not only through a minister, but also through the Governor in Council, for approval. “It was not only a very cumbersome and time-consuming process, but it’s also paternalistic, and arguably insulting to have to ask for this approval,” Weiler said.

The legislation also establishes, and this is essential, a cadastre separate from the Indian Act Reserve Land Registry. “We have been very good at acquiring land but wanted to add it to our current land holdings under 91 (24) [of the Constitution Act, 1867]”, Paull said. “We can sell it, and it will become provincial land again, but while we own it, it becomes a 91(24) addition to the land reserves.”

The legislative amendment also confirms that the nation has the power to legislate over social and welfare services, including child and family services.

Weiler also says that this updated legislation now means the Shíshálh language can be used in governance.

Foundation agreement

The recent history of this agreement for Paull dates back to the historic Reconciliation Baseline Agreement signed between the nation and the province in 2018, which covered land use planning processes, shíshálh land resource consultation and more. Again.

“If you want to have a conversation with the province and sign a groundbreaking agreement, there are certain things like land transfers that require federal approval and commitment,” Paull said. “So we knew we had to get there.”

The nation spoke with then-Attorney General Jodi Wilson Raybould and “pretty much everyone under the sun on this end of the world,” Paull said.

People from Ottawa and Victoria were there. “It’s one of those really good news things that everybody wanted to get engaged to. It’s not often that you have all the parties in the provincial and federal government wanting to work with you on these things,” Paull said. .

Even at that, the amendment took years.

eleventh hour

This latest round of negotiations began in 2020. The amendment went to a referendum for nation members last October, with more than 80 percent in favor, Paull said. But he still had to go through Ottawa.

The unanimity with which legislation passed in the House of Commons is rare, Weiler said.
They first introduced Bill S-10 in the Senate, which it passed in one day, a week before the summer recess. It took a coordinated effort between Weiler, Crown-Indigenous Relations Minister Marc Miller, as well as the Parliamentary Secretary, working through concerns and questions from other parties and caucuses (including a conversation in French between Weiler and the Bloc Quebec) – to pass the bill. It wasn’t until the early morning of June 22 that things clicked. The law was passed this afternoon. Had the legislation not passed unanimously, it would have been sent to committees, debates and three more readings.

“It’s a very significant change,” Weiler said. “And that’s cause for celebration.”

“It took a lot of effort, a lot of political will,” Paull said. He paid tribute to Marc Miller, Weiler, MP Nicholas Simons and former ministers and politicians who came to the table in support.

However, this is not the end of the negotiations.

After the founding agreement was finalized, negotiations between the nation and Canada were divided into three sections.

The first section was the electoral cycle. Prior to 2019, only members of the nation who lived in shíshálh territory could vote or stand for election. Since 2019, non-resident members can also vote and stand for election.

The second clause is this recent amendment.

The third component deals with the reconciliation table and negotiation on land, tax, natural resource management and wildlife issues.

They still have to sit on those issues, but are preparing for it, Paull said.

For people who live and breathe this stuff, this amendment is major, Paull said. “For the others, the members say it was about time. Long overdue.

With this possibility of amending the constitution, Paull says there are plenty of community members who want to get into this discussion soon – it’s a matter of deciding what to do first.

“All these conversations are happening now.

“And the community is going to have to be consulted on all of this. Because it is their constitution.

“Now we have to have a tough conversation about what’s next,” Paull said. “Because now we want to expand our influence outside of our traditional postage stamp lands and out into the wider community by becoming a working model of governance. So that requires a lot of discussion.

“Now is a great time to be a member of the shíshálh nation,” Paull said. “I think we’re going to lead the way with the rest of Canada and show Canada how it’s done.

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Home rule

Georgia Supreme Court spaceport case pits 1st Amendment against county home rule

Georgia’s Supreme Court is set to hear a case next month that First Amendment experts say could create significant hurdles for voters who want to use public initiative to rein in their local elected officials.

It’s the latest installment in Camden County’s long-running effort to build a spaceport on the Georgian coast. The county is challenging a clause in the Georgia Constitution that paved the way for a special election that blocks the purchase of 4,000 acres near the Atlantic Ocean where Camden officials are planning the controversial rocket launch spaceport.

Over a two-year period, Camden residents secured the signatures of more than 10% of registered voters needed to put the referendum on the ballot.

And in the March 8 election, voters rejected a resolution allowing the county to enter into the land deal with Union Carbide Corp., as residents objected to a still-running spaceport tab that now tops $11 million. dollars. Meanwhile, opponents continue to complain about the possibility that rockets launched from the spaceport could explode, raining debris on federally protected areas and 40 private homes on Cumberland Island.

Clare Norins, director of the University of Georgia Law School’s First Amendment Clinic, wrote in a friend of the court brief that the county is unable to provide evidence in support of his view that the county’s authority to conduct business is seriously threatened by giving voters the power of a referendum that allows the public to air their grievances through protected political speech.

Since the majority of county laws that affect residents are passed by the county and other local officials, as opposed to the Georgia General Assembly, the referendum offers residents the opportunity to veto measures such as Camden Spaceport, where many residents felt they were being ignored as county commissioners went on an extended quest to launch rockets off the Georgian coast toward sensitive barrier islands, Norins wrote.

The Supreme Court has scheduled a hearing for August 23 in the case.

“The invalidation of this direct democracy safety valve built into our State Constitution will rob not only the people of Camden County, but the people of Georgia’s 159 counties of their ability to hold their county commissioners accountable more than ‘once every four years,’ the legal brief said. “Although county commissioners are few in number, they wield enormous power to legislatively affect the lives of their constituents.”

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Camden officials’ foray into commercial space exploration began in 2014 and five years later the Federal Aviation Administration granted the spaceport operator license for up to 12 launches per year. The license is dependent on the county closing on lands held by Union Carbide. Each individual launch would require state and federal regulatory approval.

As legal battles unfold, county officials ‌seek‌ ‌investors‌ and attract business for a project they believe will be an economic driver for the region.

The Association County Commissioners of Georgia sides with Camden officials, who are members of the lobbying organization. The organization says the public initiative clause was never intended to apply to land deals.

Camden argues that the state constitution ‌prohibits residents from revoking county resolutions. Instead, county attorneys say, the real estate contract falls under the state autonomy provision, which grants counties the power to enact local laws.

In a related case from 2020, Glynn County was successfully blocked two state senate bills that called for a special election to abolish the county police department and return control to the‌ ‌‌ ‌sheriff.

If the state high court rules against the county, ‌a recurring cycle of petitions could be triggered against county and city governments, which would be ‌‌‌contrary to the state constitution which establishes the ground rules of government. , lawyers for the counties association wrote on May 16.

“Such an outcome would have a dramatic impact on the 159 county members of the ACCG, both operationally and cost-wise: counties would have to provide funding for staff, equipment and venues to holding this new class of county-wide special elections.”

The county association and Camden officials also cite a 1998 state case in which the Georgia Supreme Court ruled against a group of residents and business owners who were trying to stop city leaders from Claxton, in southern Georgia, to close the railroad crossings. They are asking the judges hearing the Camden case to follow suit in the Kemp v. City of Claxton case by giving the constitutional county domicile rule the same weight as the statutory municipal domicile rule.

“The feasibility of Kemp’s reasoning is even more evident in the light of our system of government: if citizens are dissatisfied with the measures taken by their elected, they can (and often find) their remedy by voting those elected removed from office,” the county association’s legal argument reads.

The Supreme Court case isn’t the only legal tangle holding up the planned spaceport. The Southern Environmental Law Center, One Hundred Miles, and the National Parks Conservation Association are suing the Federal Aviation Administration in U.S. District Court for the District of Columbia. In a lawsuit filed in May, environmental groups say the agency has failed to adequately study the potential environmental damage that approved small rockets could cause since ‌spaceport’s previous plans envisioned SpaceX-sized launches.

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Home rule

Colorado self-governing municipalities sue state over sales tax exemption law

On Friday, five self-governing municipalities sued the state of Colorado over a new law they say imposes state control over their taxing authority.

“The power to collect sales and use taxes to generate revenue is at the heart of self-governing municipalities and a core function of municipal operations,” Denver City Attorney Kristin Bronson said in a statement. “HB 22-1024 illegally infringes on the Constitution of Colorado, and residents of self-governing municipalities have the full right of autonomy in local and municipal affairs.”

Besides Denver, the plaintiffs are Boulder, Commerce City, Pueblo and Westminster.

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The state and some local governments exempt construction and building materials related to public schools, among other public works, from sales and use taxes. The new law in question, which Gov. Jared Polis signed in April, extended the exemption from collecting sales tax for construction materials from public schools to self-governing cities. Prior to the law, self-governing cities could still levy sales and use taxes on these building materials.

“For decades, self-governing cities in Colorado have wielded this power to levy and collect sales and use taxes on goods and services, regardless of whether the state levies or collects sales and use taxes. of use on the same goods and services,” the complaint reads.

Denver collects about $2 million to $4 million a year in these taxes, according to the lawsuit filed in Denver District Court. Pueblo raises between $3 million and $4 million per year and Commerce City raises about $1.5 million per year.

The plaintiffs argue that the law, which goes into effect Aug. 10, violates the state Constitution and that the state legislature cannot prevent self-governing municipalities from exercising their taxing power. They are asking for a court order that will stop the law from going into effect.

2022-06-30 16-24-30 Complaint

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