CONSTITUTION OF THE
Foothills First Nation Heritage Society
We, the people of the Foothills First Nation, by virtue of our inherent right as Aboriginal People and desiring to exercise our responsibilities for our well-being and to protect our traditional homelands and our culture and our traditional way of life for ourselves and all future generations,
DO HEREBY DECLARE THAT:
the Creator placed our several tribes and nations on Mother Earth to act as Stewards of the Land;
the Creator vested in ourselves the inherent right of a free and self-determining people;
the coordination and representation and protection of our culture, language, rights and interests will be enhanced through the establishment of a heritage society, as provided herein;
this society may only act at the common request of our members in any manner common to our traditions and cultures;
our respective members acknowledge their responsibilities, and therefore adopt this Constitution in furtherance our common culture and collective aspirations;
we respect the territorial and cultural integrity of all First Nations to develop and flourish as they see fit and to share based upon our traditions, customs and laws
ARTICLE 1 – Name
The name of the society is the Foothills First Nation Heritage Society
ARTICLE 2 – Objectives
The objectives of the society are:
to promote, at all times, a respect for the traditional territories of Foothill First Nations;
to ensure the entrenchment of the inherent right of self-government;
to ensure and uphold the culture, traditions, values and beliefs of the members of Foothill First Nation Heritage Society;
to provide a unified voice for all the members of Foothill First Nation Heritage Society;
to implement Foothills First Nation (FFN) land claim settlement and self-government agreements as FFN members may direct;
to continue a role of political advocacy for the advancement and betterment of all Foothill First Nation members;
to preserve, promote and protect the use of our Aboriginal languages;
to carry out such other functions, activities and responsibilities as may be necessary to fulfill those objectives listed above; and
To advocate and facilitate the advancement of the educational values and needs of the Foothills First Nations members.
ARTICLE 3 – Operations
The operations of the society are to be chiefly carried on in the traditional territories of the Foothills First Nations people.
ARTICLE 4 – Definitions
Definitions for interpretation of this Constitution shall be set below, unless the context otherwise requires:
“Director” means the Directors of the Society chosen pursuant to this constitution;
“Employee” means an individual hired on a full-time or part-time basis by the Society for either a specified or indeterminate period of time;
“Independent Contractor” means an individual or company retained by the Society to perform certain specific services or clearly defined tasks within a specified period of time;
“Officer” means a Director who holds one of the titles of President, Vice-president, or Secretary/Treasurer;
“Ordinary Resolution” means:
a resolution passed in a general meeting by the members of the Society by a simple majority of the votes cast in person or, if proxies are allowed, by proxy,
a resolution that has been submitted to the members of the Society and consented to in writing by 75% of the members who would have been entitled to vote on it in person or by proxy at a general meeting of the Society, and a resolution so consented to is deemed to be an ordinary resolution passed at a general meeting of the Society, or
if the Society has adopted a system of indirect or delegate voting or voting by mail, a resolution passed by a simple majority of votes cast in respect of the resolution;
“Registered Address” of a member means his/her address as recorded in the register of members;
“Society” means the Foothills First Nations Heritage Society (FFN), as incorporated under the Society Act;
“Society Act” means the Society Act of the Province of British Columbia, R.S.B.C., 1996, c. 433, from time to time in force and all amendments to it;
“Special Resolution” means:
a resolution passed at a general meeting by a majority of not less than 75% of the votes of those members of the Society who, being entitled to do so, vote in person, or where proxies are allowed, by proxy:
of which not less than 30 days’ notice specifying the intention to propose the resolution as a special resolution has been given; or
if every member entitled to attend and vote at the meeting so agrees, at a meeting of which less than 30 days’ notice has been given;
a resolution consented to in writing by every member of the Society who would have been entitled to vote on it in person or, if proxies are allowed, by proxy at a general meeting of the Society, and a resolution so consented to is deemed to be a special resolution passed at a general meeting of the Society; or
if the Society has adopted a system of indirect or delegate voting or voting by mail, a resolution passed by at least 75% of the votes cast in respect of the resolution;
ARTICLE 5 – Constitution
The society is constituted by the Foothills First Nation Heritage Society members.
ARTICLE 6 – General Assembly
There shall be a General Assembly comprised of:
All registered members of the FFN. At a General Assembly meeting, each Foothills First Nation member shall have one vote.
ARTICLE 7 – Annual Meeting
The General Assembly shall hold an annual meeting or at such times as the Leadership deems necessary and the General Assembly must be held at least once a year.
ARTICLE 8 – Languages
Any member of the General Assembly may speak in his or her traditional language and translation will be provided by FFN.
ARTICLE 9 – General Assembly Notice
Notice of the General Assembly meetings, with tentative agendas, shall be forwarded by regular mail to each FFN member not less than two weeks prior to the scheduled meeting. The notice of meeting shall allow members sufficient time to make arrangements that will permit them to attend the meeting.
ARTICLE 13 – Leadership
The Leadership shall be composed of:
the President, Vice-President and Secretary/Treasurer
ARTICLE 15 – Leadership Consensus/Quorum
All business of the Leadership shall be conducted by consensus. In cases where consensus cannot be reached, a three-quarters (3/4) majority vote of those present shall be required for approval of all motions, resolutions or laws.
ARTICLE 16 – Duties of the Directors
Duties of the Directors shall include:
to carry out the functions of the Society between meetings of the General Assembly;
to make decisions concerning all budgets and funding for the Society;
to direct the President in the administration of those funds;
to account to the General Assembly concerning those funds;
to engage or cause to be engaged such employees, contractors, consultants and advisors as the Leadership deems required for the purposes of the Society and to set or cause to be set the remuneration thereof;
to review reports from the President and to give direction to the President; and
To meet every months or more frequently at the call of the President.
ARTICLE 17 – President
There shall be a President.
ARTICLE 18 – Term and Selection of President
The President shall be a Foothills First Nation member elected by the Five Directors for a term of Five years, subject to removal by the Directors for cause. A President may be re-elected for one or more than one consecutive term.
ARTICLE 19 – Duties of President
The President shall:
preside at all meetings of the General Assembly and the Leadership;
act as an ex-officio member of all committees established by the Leadership;
be directly responsible for ensuring that the policies, motions, resolutions and laws of the General Assembly or the Leadership are put into practice;
represent the Society at the territorial, national and international levels; and
Act as the main political spokesperson of the Society.
ARTICLE 25 – Miscellaneous
The President may resign by 30 days’ written notice to the Leadership, and the position shall be filled by the Vice-President until the next General Assembly.
The Vice-President may resign by 30 days’ written notice to the Leadership, and the position shall be filled by appointment by the Leadership until the next General Assembly.
The President and Vice-President shall have a vote in all proceedings of the Leadership.
ARTICLE 26 – Financial Provisions
The FFN members who join in constituting the Society shall make such financial contributions to the Society as the Leadership may determine from time to time to be required to discharge its mandates. A First Nation Member must contribute as required in order to participate in the proceedings of the Society.
The Society, upon motion or resolution of the Leadership, may borrow or raise or secure the payment of money in such manner as it thinks fit and may draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange and other negotiable or transferable financial instruments.
The books, accounts and records of the Society shall be audited at least once a year by a chartered accountant, and a complete and proper report thereon shall be submitted to the General Assembly and approved at the annual meeting.
The fiscal year end of the Society shall end on March 31.
The members of the Leadership and their respective heirs, executors and administers shall at all times be indemnified and saved harmless by the Society from and against all costs, charges and expenses whatsoever that he or she may sustain or incur in or about any action, suit or proceedings that is brought, commenced or prosecuted against him or her for or in request of any act, deed, matter or thing whatsoever made, done or permitted by him or her in or about the execution of his or her duties as a member of the Leadership.
ARTICLE 27 – Amendments
The Constitution may be amended at any meeting of the General Assembly provided that:
written notice of the intent to amend is provided to all Foothills First Nation members who have joined in constituting the Society a reasonable time before the amendment is approved and adopted, unless there is unanimous consent to waive the requirement for notice; and
The amendment is approved by not less than three-quarters (3/4) of those First Nation members who have joined in constituting the Society and are present.