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Making matters worse, band members can no longer count on the federal government to support their democratic or other rights. This applies not only to financial matters, but to problems in many parts of the country involving election fraud, unfair reserve regulations and enforcement, nepotism, favouritism and cases where band councils have banned certain individuals, or denied them membership.

The issue of membership must be protected by the federal government, stated Twinn.

“While the equality rights in Sec. 15 of the charter do apply to First Nations, membership rules or codes in various First Nations are anything but equal and fair. In North America, a disenrollment epidemic is underway, typically by wealthier tribes, but also by communities wishing to maintain political or other control,” she said.

“Some (membership) applications sit for decades without decision. Other applications, like the children of an incumbent chief, are processed quickly and secretly.… It is very lonely and challenging for individual members, or those entitled to be members, to hold a rogue exercise of power accountable. Canada created this condition and its abdication consummates an unholy political union with self-government sovereignty assertions.”

Across the country at any given time, there are dozens of First Nations governance battles involving secrecy, election results, lack of consultation, allegations of financial fraud or appeals against arbitrary discipline. Ottawa remains on the sidelines, claiming it respects the inherent right of self-government.

But, as Twinn maintains, First Nations people are also Canadian citizens and should be protected by the Constitution. Yet Ottawa has abandoned these citizens by ceding its oversight powers to band councils that answer to no one.

“Despite substantial case law guaranteeing charter rights over self-government claims, there still remains a problem with constitutional non-compliance by chiefs and councils,” she said. “Complete self-government by all First Nations? What does that look like?”

Financial Post