The MNGA Instead of MNBC Citizens Interprets the MNBC Constitution
(March 6, 2024) In a vote on a highly contentious resolution at the Métis Nation Governing Assembly (MNGA) held this past weekend in Richmond, a majority of the 48 delegates decided that they have the right to interpret a core provision of the Métis Nation British Columbia Constitution, and in effect, not the MNBC Citizens.
By voting in favour of a very controversial resolution that declared an interpretation of Article 23.8 of the Constitution that gives it a whole new meaning, the MNGA ignored the argument that the proposed change should have been in the form of an amendment to the Constitution, which would have, if passed by a 75% vote, been forwarded to the people at an AGM to vote on. The way Resolution #2 was drafted and put on the order paper, it avoided being an actual amendment to the Constitution. It required only a simple majority (50% +1) to pass at the MNGA, and was not required to go to the Citizens to be voted on at this Fall’s AGM.
Article 23.8 of the Constitution has always referred only to existing members of the MNBC Board who can be removed from office for so-called breaches of their fiduciary duty. The resolution that was passed made a declaration that the Article in the Constitution also applies to anyone running for office in a future election, which is fundamentally out of alignment with the existing wording.
While the resolution did not specifically name former President Clara Morin Dal Col, it was obvious to most people who it was aimed at to try and prevent the former President from seeking the Presidency in the upcoming election now scheduled for September 7th, 2024. More than one delegate, in supporting the resolution, referred to it as a constitutional change that was needed, blindly ignoring the fact that making any constitutional change requires following the process that is clearly laid out in Article 73 of the Constitution as to how amendments must be done. Some comments made by a few delegates during the open debate are also being reviewed as possibly defamatory.
In reacting to the passage of the resolution, Ms. Morin Dal Col said, “Let me be very clear – this resolution should have come in as a proposed amendment to the Constitution because that is exactly what it was. If it had been approved at the MNGA as a Constitutional amendment, then it would have gone to our Citizens at the AGM to let them decide, but by this decision of the MNGA, the right of Citizens to vote on any changes to the Constitution was denied.”
The former President said, “Our MNBC Constitution is our highest law, and a core provision of it cannot have a new interpretation applied to it that is fundamentally different from the wording by delegates in an assembly simply saying it is so. Good governance and democracy doesn’t work that way. Only our MNBC citizens at an AGM have that right.”
Ms. Morin Dal Col said, “I am not walking away from this fight. MNBC Citizens voted for me in three elections – in 2012 as Provincial Women’s Chair, and in 2016 and 2020 as Provincial President, and I strongly believe that our Citizens have the right to decide who is a candidate, as they have the right to decide who should be President in the next election. That’s how democracy works.”
She said, “During my terms as President, in working with other Métis leaders at the national level, I signed 8 Accords and funding agreements with Canada that will have delivered more than $200 million to MNBC during the life of the agreements. This Board has not signed a single new Accord but they sure do spend money. I will put my record of accomplishments for our Métis people up against any of the potential contenders for President.”
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