British Columbia

Criminal record checks, pared down council part of historic Indigenous governance changes

A BC First Nation is changing the way it elects its leaders. New rules could mean big changes from the future of an LNG project to whether people with a criminal history are allowed to run for councilor.

Squamish Nation members have mixed reviews of new changes

Squamish Nation councillor and spokesperson, Khelsilem pushed for more accountability and transparency in the Squamish Nation even before he was elected. (Blaire Russell)

The Squamish Nation is changing the way it elects its leaders. 

In an initiative similar to B.C.'s recent referendum on electoral reform, the nation asked members to say yes or no to questions about revising its 40-year-old election rules in a referendum.

Almost 800 out of 3,000 eligible members cast votes in the referendum, which posed five questions on proposed changes to voting rules.

Voters responded yes to all questions, with margins ranging from 59 per cent in favour to 71 per cent. The changes were ratified on Tuesday.

"This is an historic decision by our people to improve our governance for future generations," Squamish Nation spokesperson Khelsilem said.

The changes mean the nation's council will be cut from 16 to eight members. The new rules also mean anyone with an indictable criminal offence could be barred from running for office in the future.

The referendum comes on the heels of a Squamish Nation council vote in favour of the LNG Woodfibre deal, a move some councillors opposed.

Mammoth territory to represent 

The Squamish Nation is made up of 23 First Nations reserves and nine residential communities, located in areas stretching from Vancouver's North Shore to the Squamish Valley.

To try to reflect the diversity, people voted in favour of having three councillors, one each to represent the Squamish Valley, the North Shore and those living farther away.

Roberta Williams is a Squamish Nation member who lives in the Yekwaupsum community in the Squamish Valley. She voted no to reducing council to eight members, but was happy with the results of the referendum. (Roberta Williams/Facebook)

But members like Roberta Williams wanted an option to vote for how many councillors should represent each region. Williams also voted no to paring down the council.

"I just don't feel like eight members are going to be able to represent all our membership," she said. "I feel like the key driver was mainly financial because of the amount of money we have to pay our representatives."

Khelsilem says the cut was based on input from members, who wanted to reduce the size of council — with eight being the number most preferred.

Not properly consulted

Squamish Nation member Leland Askew equated the cut in council to Ontario Premier Doug Ford's decision earlier this year to reduce the size of Toronto council from 47 to 25.

Askew also thinks members weren't properly consulted on the referendum or other important issues. 

"A lot of our members are actually upset with the LNG deal right now because they never even knew anything about it," he said.

The Squamish Nation council voted in favour of the $1.6 billion Woodfibre LNG in November but some council members, like Khelsilem, were also not happy about the decision. 

It's still not clear if a new council could mean a new vote on the deal.

Khelsilem says the new Squamish Nation laws will be implemented for the next scheduled election in three years.

Low voter turnout

Only 26 per cent of eligible voters turned up to mark their ballot on the referendum. The Squamish Nation Election Commission Facebook page, where the results were posted, was rife with discontent about low voter turnout.

Brittany John from the Squamish Nation Electoral Commission said representatives did their best to get the word out with community information sessions, posting videos and graphics online and handing out flyers. 

Brittany John is with the Squamish Electoral Commission. She says the nation's referendum has been in the works for many years. She's happy the move to revise its 40-year-old electoral rules was approved. (Angela Sterritt )

"I'm disappointed that some members didn't feel that was communicated clearly, but I remember at every meeting, telling people 'you have to vote, because not showing up is seen as a no vote,'" John said.

Preventing corruption

She says a key reason for the referendum was to be more transparent and accountable to members. She's hoping that can be achieved with more councillors representing specific regions, a less cumbersome decision-making process with fewer councillors, and a code of conduct making criminal record checks mandatory. 

"I feel there's this disconnect between council and membership," John said.  "It's knowing what council is doing on our behalf," she added.

Transparency and accountability became a hot button issue in late 2014.

That's when an investigation found nearly $1.5 million went missing from a Squamish Nation emergency fund meant to help members with rent, travel to funerals or clothing.

Instead, the funds — spent over six years — went toward entertainment expenses, including restaurant bills and Canucks tickets.

In 2014, two officials with the Squamish Nation kept their elected official status but were relieved of other duties.

Khelsilem says both were removed from their elected official status in 2015 after an investigation and forensic audit. He says the Squamish Nation is audited every year and posts its audited statements online

ABOUT THE AUTHOR

Angela Sterritt

CBC Reporter

Angela Sterritt is an ​award-winning investigative journalist. She is the host of Land Back, a six-part CBC British Columbia original podcast that uncovers land theft and land reclamation in Canada. Sterritt is known for her impactful journalism on the tensions between Indigenous people and institutions in Canada. She is a proud member of the Gitxsan Nation.