SECTION 2006 CONSTITUTION # PROPOSED AMENDMENT/ADDITION/DELETION
DEFINITIONS N= New proposed section R= Remove section
1N “Canada” means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;
2N “Chief” means the leader of Vuntut Gwitchin First Nation chosen as a result of a general election;
3N “Child” means a child born in or out of wedlock, a legally adopted child and a child adopted in accordance with the accepted custom or the Vuntut Gwitchin First Nation;
4N “Citizen” means a person whose name is on the First Nation Citizenship List;
5N “Council” means the Council of the Vuntut Gwitchin First Nation as chosen as a result of a general election;
6N “Councillor” means either the Deputy Chief or Councillor chosen as a result of a general election.
7N “Elder” means a Citizen who is sixty years of age or more and resides in the Yukon;
8N “Elector” means a person who is on the First Nation Citizenship List, who is 18 years of age or older and who is not disqualified from voting;
9N “First Nation” means the Vuntut Gwitchin First Nation;
10N “First Nation Citizenship List” means the list of Citizens that is maintained by the Vuntut Gwitchin First Nation;
11N “Generally Accepted Accounting Principles” means the accounting principles generally accepted in Canada as amended from time to time, as applicable pursuant to the public sector accounting standards established by the Public Sector Accounting Standards Board of the Canadian Institute of Chartered Accountants or its successor.
12N “General Assembly” a governing body composed of Vuntut Gwitchin First Nation citizens that provides direction to Chief and Council;
13N “General Election” means a regularly scheduled election held in accordance with Vuntut Gwitchin law, in which all Vuntut Gwitchin Citizens who are at least 18 years old are entitled to vote;
14N “Governing Body” means a body established under the Constitution, which includes the General Assembly, Vuntut Gwitchin First Nation Court, Elders Council, and Chief and Council. 
15N “Non-Settlement Land” means all land and water in the Yukon other than Settlement Land and includes Mines and Minerals in Category B Settlement Land and Fee Simple Settlement Land, other than Specified Substances as defined in the Umbrella Final Agreement; 
16N “Ordinarily Resident” means a person who lived or has lived the majority of his or her life in the Yukon. In making such determination, temporary absences from the Yukon for reasons such as travel, education, medical treatment, military service or incarceration, shall be considered periods of residence provided the Person was Ordinarily Resident prior to such temporary absences. 
17N “Resident” means a person ordinarily residing on Vuntut Gwitchin Settlement Land who may or may not be a Citizen of Vuntut Gwitchin;
18N “Settlement Land” means Category A Settlement Land, Category B Settlement Land or Fee Simple Settlement Land, as defined in the Umbrella Final Agreement; 
19N “Traditional Territory” means, subject to a Yukon First Nation Final Agreement, with respect to each Yukon First Nation and each Yukon Indian Person enrolled in that Yukon First Nation’s Final Agreement, the geographic area within the Yukon identified as that Yukon First Nation’s Traditional Territory on the map referred to in 2.9.0. in the Umbrella Final Agreement;
20N “Umbrella Final Agreement” means the 1993 agreement signed between Canada, Yukon and Council of Yukon First Nations; 
21N “Vuntut Gwitchin Court” means a court established under the Vuntut Gwitchin legislation;
22N  “Vuntut Gwitchin Laws” includes this Constitution and any law passed in accordance with the procedure set out in the Governance Act or relevant legislation
23N “Vuntut Gwitchin Government” means both the elected and administrative bodies forming the government of the Vuntut Gwitchin Nation;
24N “Vuntut Gwitchin First Nation” means the collectivity of Citizens who share the language, culture, and laws of the Vuntut Gwitchin, and their descendants;
25N “Vuntut Gwitchin Nation Fiscal Financing Agreement” means a fiscal financing agreement within the meaning of that term in the Umbrella Final Agreement;
26N “Vuntut Gwitchin Public Institution” means a Vuntut Gwitchin Government body, board, commission, corporation, organization or tribunal established under Vuntut Gwitchin law; 
27N “Vuntut Gwitchin Settlement Trust” means a Vuntut Gwitchin settlement trust within the meaning of that term in the Umbrella Final Agreement;
28N “Youth Council” means the collective of eligible Youth of Vuntut Gwitchin First Nation.
29N “Youth Representative” means the eligible Youth chosen to represent the Youth Council.
30N “Yukon” means, unless the context otherwise requires, Her Majesty the Queen in right of Yukon;
31N "Yukon First Nation Final Agreement" means a land claims agreement for a Yukon First Nation that includes provisions specific to that Yukon First Nation and incorporates the provisions of the Umbrella Final Agreement.
ARTICLE I: OBJECTS
1.        The objects of the Vuntut Gwitchin First Nation are to:

a)        have and be the government authority in respect of communities and lands of the Vuntut Gwitchin First Nation and the occupants thereof;

32
1. The objects of the Vuntut Gwitchin First Nation are to:

a) have authority in respect of communities and lands of the Vuntut Gwitchin First Nation and the occupants thereof;
    
i)        establish and administer services, programs and projects for citizens in the Yukon and also for residents of North Yukon who are not citizens;
33 i) establish and administer services, programs and projects for Citizens, whether residing on or off Settlement Land, and also for Residents in Vuntut Gwitchin Settlement Land who are not Citizens;
ARTICLE II - VUNTUT GWITCHIN FIRST NATION AUTHORITY/LOCATION
2.        The seat of government for the Vuntut Gwitchin First Nation shall be located within the Traditional Territory of the Vuntut Gwitchin First Nation on lands of the Vuntut Gwitchin First Nation in such place as the General Assembly in its sole discretion deems advisable. 34 2. The seat of government for the Vuntut Gwitchin First Nation shall be located within Settlement Land as advised by the General Assembly.
35N 3. This Constitution is the supreme law of the Vuntut Gwitchin Nation, subject only to:
a) The Vuntut Gwitchin Self-Government Agreement; and
b) The rights and freedoms set out in this Constitution.
36N 4. In the event of an inconsistency or conflict between this Constitution and the provisions of any Vuntut Gwitchin law, the Vuntut Gwitchin law is, to the extent of the inconsistency or conflict, of no force or effect.
37N 5. Validity of Vuntut Gwitchin laws
a) The validity of a Vuntut Gwitchin law may be challenged in the Supreme Court of Yukon Territory until the Vuntut Gwitchin Court is established.
ARTICLE III - CITIZENSHIP
Citizenship of the Vuntut Gwitchin First Nation shall include all persons entitled to citizenship as provided for within the Citizenship Code of the Vuntut Gwitchin.
38N 1. Citizenship shall be determined by the Citizenship Code of the Vuntut Gwitchin through the authority of the Review Council.
39N 2. Every eligible person residing on Settlement Land and who is a Canadian citizen or permanent resident of Canada can apply to be a Vuntut Gwitchin Citizen in accordance with Vuntut Gwitchin law.
40N 3. Every eligible person not residing on Settlement Land and who is a Canadian citizen or permanent resident of Canada may apply to become a Citizen in accordance with Vuntut Gwitchin law.
ARTICLE IV - RIGHTS OF CITIZENS
41N 2. Every Vuntut Gwitchin citizen has the right to enter, remain in and leave Vuntut Gwitchin Lands in accordance with Vuntut Gwitchin law.
42N 3. Every Vuntut Gwitchin citizen has the right to make political choices, to participate in political activities, and to express a view on any public issue.
43N 4. (a) Subject to residency and other requirements set out in Vuntut Gwitchin law, every Vuntut Gwitchin citizen who is at least 18 years of age is eligible to vote in Vuntut Gwitchin elections and to hold office in Vuntut Gwitchin Government.
(b) Vuntut Gwitchin Chief and Council must make laws in respect of Vuntut Gwitchin First Nation elections and referenda, including the establishment of:

(a) qualifications of voters;
(b) qualifications of candidates for election to office;
(c) an independent officer to administer elections and referenda;
(d) procedures for the conduct of elections and referenda; and
(e) areas or locations within which elections or referenda will be held.
 
ARTICLE V - ORGANIZATION OF THE VUNTUT GWITCHIN FIRST NATION GOVERNMENT
44N 2. The meetings of the Elders Council, General Assembly, Chief and Council shall be governed by the "Code of Conduct and Ethics" developed by the Vuntut Gwitchin Government.
45N 3. Elected official of the Vuntut Gwitchin Government shall abide by the Oath of Office that is appended in Schedule II of this Constitution. 
ARTICLE VI - VUNTUT GWITCHIN FIRST NATION GENERAL ASSEMBLY
3. The powers, duties and responsibilities of the General Assembly shall include:

a) consideration and approval of reports including financial reports received from the Council;
46N 1. There shall be a General Assembly composed of the Citizens of the Vuntut Gwitchin First Nation. The powers, duties and responsibilities of the General Assembly shall include:

a. consideration and approval of proposals and reports received from the Council;
b) consideration and approval of reports from the Court and Elders Council; 47N b. consideration and review of proposals, legislation and financial reports received from Council;
c) determining general policy guidelines and directions for the Vuntut Gwitchin First Nation and Council for the forthcoming year; and
48N c. consideration and approval of Elders Council proposals;
49N e. Providing direction to Chief and Council through General Assembly Resolutions
2. a) A meeting of the  General  Assembly shall  be  held  annually during the  month of August, and additional meetings of the General Assembly may be held at the call of the Council at any other time. c) A notice of a meeting of the General Assembly with the proposed agenda shall be posted throughout the community of Old Crow and such notice shall be given no less than two weeks before the meeting. Notice of any meeting of the General Assembly shall be given through print and the electronic media and such notice shall allow sufficient time to make arrangements to permit the members to be present.

50 2. A meeting of the General Assembly shall be held each year during a date in the month of August; special meetings of the General Assembly may be held at the call of the Council at any other time. b) A notice of a meeting of the General Assembly with the proposed agenda shall be posted throughout the community of Old Crow and to Citizens not residing on Settlement Land with no less than two weeks’ notice. Notice shall be given through print and electronic media.
51N d) The Chair of the General Assembly shall be chosen by the General Assembly Coordinator. The General Assembly Coordinator shall be a Vuntut Gwitchin Citizen. 
e) Agreement by consensus at all meetings of the General Assembly will be encouraged and in cases where general agreement cannot be reached the majority vote of those eligible members present shall be required for the approval of motions.
52 e) Agreement by consensus at all meetings of the General Assembly will be encouraged. In cases where consensus cannot be reached, resolutions shall be passed by majority vote (i.e., 51%) of those eligible members present.
53N g) Chief and Council are not voting members of the General Assembly.
4. The General Assembly has exclusive jurisdiction to hear and determine disputes and to make findings and decisions respecting the interpretation and application  of this Constitution.
54R
ARTICLE VII - ELDERS COUNCIL
1. There shall be an Elders Council comprised of all Vuntut Gwitchin First Nation members who are 60 years of age or older.
55 ELIGIBILITY CRITERIA
1. To become a member of the Elders Council, one must:
a. be 60 years of age or older;
b. a Vuntut Gwitchin Citizen; and
c. Reside in the Yukon.
2. The Elders Council shall advise the Council on all matters and may administer
such Vuntut Gwitchin First Nation programs and services for elders as the Council may approve.
56R
3. The Elders Council shall assist in the determination of First Nation membership as provided for in the Vuntut Gwitchin First Nation Citizenship Code.
57R
58N c. Appoint a representative to sit as a non-voting member of Council;
59N d. Work  with  the Youth  Council  to  teach  and promote  the  Gwitchin  culture  and language;
60N e. Enhance and protect Vuntut Gwitchin traditions, customs, and laws; and
61N f. Upon recommendation from Chief and Council, appoint members to Council Committees.
62N As soon as possible after a General Election, the Elders Council shall appoint a non-voting member to Council for the same four-year term as the other Council members.
5. The Elders Council shall determine their own rules and procedures for the conduct of their business.
63 GOVERNANCE
1. The Elders Council shall:
a. Determine their own rules and procedures for the conduct of their business provided they are consistent with Gwitchin values, principles, and this Constitution.
64N b. Appoint an Elder who shall be the Principle Elder for the ensuing two years for a term defined in the Terms of Reference;
i. The appointed Elder will sit as a non-voting member of council for the duration of their appointment; 
65N Make best efforts to conduct its business by consensus.
I. In cases where consensus cannot be reached, a majority vote (51%) of those present shall be required for the approval of all laws, motions and resolutions.
66N If an Elder sits on the Review Council, they shall not be a member of the Elders Council for the duration of their term on Review Council 
ARTICLE VIII -COUNCIL COMPOSITION 67 ARTICLE VIII -COUNCIL 
1. There shall be a Council elected by the eligible voters of the Vuntut Gwitchin pursuant to the Election Rules and Regulations appended to this Constitution. 68 1. There shall be a Council elected by the eligible voters of the Vuntut Gwitchin First Nation pursuant to the Election Act and relevant legislation.
3. In the event that the required number of nominees have not been nominated to fill all the positions on the Council, the Elders shall recommend suitable candidates  to the community at large in a duly called public meeting. All recommended candidates shall be consulted prior to nomination and the membership at large in Old Crow must, by consensus, approve the recommendations prior to the affirmation of the recommended candidate under this process.
69 10. In the event that less than one Candidate for Chief or less than four Candidates for the position of Councillor are nominated, the Returning officer shall call a community at large public meeting in Old Crow.      11. The membership at large in Old Crow must approve recommended Candidates for nomination by simply majority vote. All recommended Candidates shall be consulted prior to nomination and prior to the affirmation under this process.
6. The Council shall determine their own rules and procedures for the conduct of their business. The Council shall make all decisions by consensus. In the event a consensus cannot be reached by the Council, the Council shall make the decision by majority vote.
70 8. The Council shall determine their own rules and procedures. The Council shall strive to make all decisions by consensus. In the event a consensus cannot be reached, the Council shall make their decision by simple majority vote (51%).
1. The Council shall have and may exercise all the legal capacity, rights powers and privileges of the Vuntut Gwitchin First Nation as a legal entity and in accordance with this Constitution may authorize the doing of such things as it may deem conducive to the exercise of such rights, powers and privileges in the best interests of the Vuntut Gwitchin First Nation.
71R
ARTICLE IX - COUNCIL DUTIES AND POWERS
2. The Council may enact such laws as it deems conducive to the general welfare and good government of the Vuntut Gwitchin First Nation. All laws enacted by the Council shall be consistent with the objects of this Constitution and the policy established from time to time by the General Assembly. The Council shall establish, by law, after not less than 30 days written notice in advance, a general procedure for the enactment of laws.
72 1. It shall be lawful for the Chief and Council, by and with the Advice of the General Assembly and the Elders Council to make Laws for the Peace, Order, and good Government of the Vuntut Gwitchin Nation, in accordance with section 13.0 of the Vuntut Gwitchin First Nation Self-Government Agreement. 
73N 2. All laws enacted by the Council shall be consistent with the objects of this Constitution. The Council shall establish, by law, a general procedure for the enactment of laws.
3. Without limiting the foregoing, the duties and powers of the Council also shall include:

a) implementing the direction of the General Assembly and adhering to its general policies;
74 e) Consider direction provided by the General Assembly through resolution; 
c) enacting land use codes pertaining to Settlement Lands and other lands under the ownership or jurisdiction of the Vuntut Gwitchin Firs Nation;
75 a) Proposing new legislation, including land use codes pertaining to Settlement Lands and other lands under the ownership or jurisdiction of the Vuntut Gwitchin First Nation;
76N c) Implementing laws considered by the Elders Council and General Assembly;
77N e) Consider direction provided by the General Assembly through resolution; 
h) exercising such other powers as may be incidental to the exercise of their
powers or the performance of their duties under this Constitution, the Vuntut Gwitchin First Nation Final Agreement or the Vuntut Gwitchin First Nation Self-Government Agreement.
78R
4. It is not lawful for the Council to adopt or pass any law, vote or resolution approving the expenditure of any money for any purpose that has not been first recommended to the Council in a budget presented to the Council by the Management Committee no less than 30 days prior to the day on which the vote or resolution is proposed.
79R
5. The Council shall by law establish a Management Committee to perform the following functions of the Vuntut Gwitchin Government:

(a) forecast the financial needs and affairs of the government;

(b) prepare in advance an annual budget for the government based on those forecasts;

(c) present the budget to Council for approval or rejection prior to the beginning of the fiscal year for which the budget has been prepared;

(d) ensure that the government’s expenditures and other financial transactions remain within the budget approved by the Council.
80R
6. The Management Committee shall consist of the Chief, one other member of the Council, and at least 2 of the most senior employees of the Vuntut Gwitchin Government appointed by resolution of the Council in accordance with any applicable legislation.
81R
ARTICLE X - CHIEF AND DEPUTY CHIEF
1. The Chief of the Vuntut Gwitchin First Nation shall be the general spokesperson for the Vuntut Gwitchin First Nation and, subject to any law of the Vuntut Gwitchin First Nation, the chief executive in its government.
82 1. The Chief of the Vuntut Gwitchin First Nation shall be the general spokesperson for the Vuntut Gwitchin First Nation and the chief executive of Vuntut Gwitchin Government.
2. The Deputy Chief, who is appointed from the four Councillors shall perform such duties of the Chief or exercise such powers as the Chief, with the concurrence of the Council, may delegate to the Deputy Chief; and in the absence or incapacity  of the Chief, the Deputy Chief shall, under the direction of the Council, perform all the duties and exercise all the powers of the Chief.
83R
4. The Chief shall be the presiding officer of the Council and the General  Assembly. 84 3. The Chief shall be the presiding officer of the Council.
5. The Chief shall have the power, in accordance with Constitution and any law and subject to the approval of the Council to: b) ensure that resolutions approved and laws enacted by the Council are implemented and enforced;

85 4. The Chief shall have the power, in accordance with this Constitution and any law and subject to the approval of the Council to: b) ensure that resolutions approved and laws enacted by the Council are implemented;

86N 5. The Deputy Chief, who is appointed from the four Councillors shall perform such duties of the Chief or exercise such powers as may be delegated to them. 
87N 6. In the absence or incapacity of the Chief, the Deputy Chief shall, under the direction of the Council, perform all the duties and exercise all the powers of the Chief. The position of Deputy Chief shall rotate each year so that each Councillor acts as Deputy Chief throughout the four-year election cycle. 
88N 7. Either the Chief or Deputy Chief should be present on Settlement Land at all times, with the exception of extenuating circumstances. In the event that both Deputy and Chief are absent, an interim Chief shall be appointed through Council resolution.
ARTICLE XI - TERMS OF OFFICE AND QUALIFICATIONS
1. Any Vuntut Gwitchin First Nation member over the age of 18 years may be nominated and elected to the position of Chief or Councilor if they are eligible to vote in the election and have not been convicted of an indictable offence in the last 5 years and are resident on settlement land.
89 Qualifications
1. Any person desiring to run for Chief or Councillor must meet the following qualifications:

(a) Over 18 years of age;
(b) Eligible to vote in general elections;
(c) No indictable convictions for 5 years preceding the election;
(d) Resident on Settlement Land;
(e) Citizen of Vuntut Gwitchin Nation; and
(f) Not an employee of Vuntut Gwitchin government office.
2. The Elders shall appoint the Deputy Chief from the four elected Councillors, on the recommendation of the Chief.
90R
3. A person who is an employee of the Vuntut Gwitchin Government is not eligible to be a member of the Council. A member of the Council other than the Chief shall perform only legislative functions, and shall not perform or be paid for performing any executive functions in or for the Vuntut Gwitchin Government.
This section does not affect

(a) the power of the Chief under Article X; or

(b) the power of the Deputy Chief to act for the Chief under section 2 of Article X and to be paid for doing so.
91R
ARTICLE XII - VACANCIES AND REMOVAL FROM OFFICE
1. Any elected officer of the Vuntut Gwitchin Council who, during the term, during which he or she is elected, is convicted of an offense by way of proceedings of   an indictment, shall automatically be suspended from his or her office pending a determination by the a Review Council consisting 2 representatives from the Council, 2 from the Elders Council, 2 from the Youth Council and 2 from the Community at large within forty-five (45) days after the conviction whether that office shall be forfeited. The Review Council may permit such a person to continue in office subject to such terms and conditions as the Review Council may deem appropriate. Any officer found guilty in any Court, of an offense reflecting upon the dignity and integrity of the Council shall be removed from office by the Review Council. Before any removal from office is taken, by the Review Council, such member or officer shall be given a written statement of charges against him or her at least thirty (30) days before the meeting of the Review Council at which time he or she is to appear and he or she shall be given an opportunity to answer any and all charges at the designated Review Council meeting. The decision of the Review Council shall be final and such council member or official shall not be eligible to be returned to office for at least six years following the action.
92R
2. If a member of the Council fails to attend three consecutive regular meetings of the Council, he or she shall automatically cease to be a member of the Council, provided that such absence may be excused by the Council if caused by illness or other reason satisfactory to the Council.
93R
3. Any member of the Council or officer of the Council may resign his or her office by tendering a written resignation to the Council. Upon receipt thereof it shall become effective.
94R
4. Subject to Article VII, paragraph 3, vacancies in the membership of the Council or in the offices of the Council, shall be filled by the Review Council.
95R
ARTICLE XIII -VUNTUT GWITCHIN FIRST NATION COURT
1. There shall be a Vuntut Gwitchin First Nation Court whose membership and organization shall be established by Vuntut Gwitchin Law.
96 1. There shall be a Vuntut Gwitchin First Nation Court whose membership and organization shall be established by the Administration of Justice Act and other acts.
3. The Court shall establish its own rules and procedures and administer their own affairs.
97 3. The Court shall establish its own rules and procedures in legislation.
4. The Court shall have such additional duties and powers as may be provided under


or by virtue of Vuntut Gwitchin First Nation law, the Vuntut Gwitchin Final Agreement or the Vuntut Gwitchin Self-Government Agreement.
98R
99R 4. The validity of a Gwitchin law may be challenged in the Supreme Court of Yukon until the Vuntut Gwitchin Court is established.
ARTICLE XV: FINANCIAL ADMINISTRATION
100N 1. Vuntut Gwitchin Nation financial administration will:

a) be prudent, open, and accountable;

b) provide for effective, efficient and responsible use of the financial resources of the Vuntut Gwitchin First Nation and its Citizens;

c) prepare, maintain and publish its accounts in a manner consistent with the generally accepted accounting principles for governments in Canada; and
d) manage finances in accordance with Vuntut Gwitchin law.
101N Control of financial administration

2. Chief and Council shall establish a financial administration system that will include mechanisms to:

a) forecast the financial needs and affairs of the government;
b) prepare in advance an annual budget for the government based on those forecasts;
c) present the budget to Council for approval or rejection prior to the beginning of the fiscal year for which the budget has been prepared; and
d) ensure that the government’s expenditures and other financial transactions remain within the budget approved by the Council.
102N At any time during regular office hours, or at any other time upon giving reasonable notice and arranging a time satisfactory to the Council, the records of the proceedings of a governing institution, the approved budget and the audited financial statements of the Vuntut Gwitchin First Nation may be inspected at the administrative office of the Vuntut Gwitchin First Nation by any Citizen subject to Vuntut Gwitchin privacy and freedom of information laws.
103N  Unless in accordance with applicable privacy and freedom of information laws, no person shall be entitled to make copies of records or to remove records from the office of the Vuntut Gwitchin Government. 
104N  Vuntut Gwitchin Government shall receive an entitlement from the Vuntut Gwitchin First Nation to provide public programs and services.
105N Vuntut Gwitchin Government shall make policies providing for allocations to Governing Bodies and Public Institutions.
106N Audit of Accounts
5. The books, accounts and records of the Vuntut Gwitchin First Nation shall be audited at least once a year by a Chartered Accountant and the report thereof shall be submitted to Chief and council for approval and presented to the General Assembly.

6. The fiscal year of the Council shall end on March 31 of each year.
ARTICLE XIV - VUNTUT GWITCHIN LANDS In this Article “Vuntut Gwitchin Lands” means, Vuntut Gwitchin First Nation Settlement Land pursuant to the Vuntut Gwitchin First Nation Final Agreement. 107R

2. Vuntut Gwitchin Lands shall not be sold.
108R

3. In the leasing of Vuntut Gwitchin Lands, first preference shall be given to citizens or an association of citizens.
109R

4. The Council, after not less than thirty (30) days notice posted throughout the community of Old Crow, may:

a) issue a permit or license for the use of Vuntut Gwitchin Lands not exceeding two hectares in total interest to any person for a period not exceeding thirty (30) years; and
110R

b) with the consent of the Council, grant a lease of Vuntut Gwitchin Lands not exceeding two hectares in total interest to any citizen for non- commercial purposes for a period not exceeding thirty (30) years.
111R

5. Any permit, license or lease other than as provided for in paragraph 4 of this Article may be issued or granted by the Council first giving at least sixty (60) days written notice of the proposal, which notice shall be posted throughout the community of Old Crow and there being a public meeting held at a reasonable time during that notice period, at which meeting all information and advice relevant to the decisions to be made is disclosed and the members present are consulted as to that decision.
112R

6. Any approved leases herein must be approved by the Council.

113R
ARTICLE XVI - AUDIT OF ACCOUNTS 114R
1. The books, accounts and records of the Vuntut Gwitchin First Nation shall be audited at least once a year by a Chartered Accountant and the report thereof shall be submitted to the General Assembly at the annual meeting for its approval.
115R
2. The financial records of the Vuntut Gwitchin First Nation may be inspected by any citizen at any time during office hours of the Council, by any citizen during any General Assembly or at any other time upon giving reasonable notice and arranging a time satisfactory to the Council, provided that no person shall be entitled to make copies of such records or to remove such records from the office of the Council or to publicize the contents to any person who does not have an interest therein as a member or on behalf of the Council.
116R
3. The fiscal year of the council shall end on March 31 of each year. 117R
ARTICLE XII – REVIEW COUNCIL
118N Responsibilities
1. Review Council means the body responsible for:
a) Recounts in an election;
b) Serving as the Citizenship/Enrollment Committee;
c) Receiving complaints about Chief and Council;
d) Where necessary, removal from office; and
e) Where necessary, appointment of interim Councillor
119N 2. The Review Council comprises the following five members, appointed for a three-year term:
a. one person selected by the Council;
b. two persons appointed on the recommendation of the General
c. Assembly; and
d. two persons, appointed on the recommendation of the Elders Council.
120N 3. The Youth Council may appoint a representative to sit with the Review Council as a non-voting observer.
121N 4. The scope and authority of the Review Council shall be set out in the Governance Act and related legislation.
122N 5. CODE OF CONDUCT
All members of the Review Council must abide by the Code of Conduct established by the Vuntut Gwitchin Government.
ARTICLE XIV –  YOUTH REPRESENTATIVES AND YOUTH COUNCIL 124N
125N
1. A Youth Representative and an alternate (“Youth Representatives”) shall be chosen by eligible youth.
2. This vote will be held within thirty (30) days after the date of each general election for Chief and Council.
3. The Youth Representatives shall report regularly to the Youth Council.
126N ELIGIBILITY
1.To be eligible for Youth Council, youth must be:
a. between the ages of 16-30;
b. be a Vuntut Gwitchin Citizen; and
c. Reside in the Yukon
127N PURPOSE
4. The Vuntut Gwitchin First Nation Youth Representatives shall provide leadership to Vuntut Gwitchin youth regarding participation in the community and First Nation government.
128N 5. The Youth Council Representatives shall provide advice and assistance to the Vuntut Gwitchin Governing Bodies as requested, and may take other steps allowed under this Constitution, including but not limited to the following:
a. learn about Vuntut Gwitchin values, traditions and the operation of Governing Bodies;
b. Attend meetings of Council and Elders Council as non-voting members and assist in their functions and responsibilities;
c. advise Council and Elders Council on matters of concern to Vuntut Gwitchin youth;
d. encourage youth to honour and observe this Constitution and the Laws, regulations and Policies made under it; and
e. provide input on programs for youth.
129N 6. Youth Council Council shall make written rules with respect to:
a. its membership requirements;
b. the conduct of its meetings, including quorum and notice requirements of such meetings;
c. the scheduling of its meetings;
d. appointment or election of its Youth Representatives; and
e. Other matters related to the operation of the Youth Council.
130N 7. The Youth Council shall abide by the Code of Conduct set by the Vuntut Gwitchin Government.
ARTICLE XVII - AMENDMENTS TO CONSTITUTION
1. The Constitution of the First Nation may be amended at any meeting of the General Assembly provided that:

a) written notice of the proposed amendment is given by the Council to all citizens eligible to vote at a General Assembly at least fourteen (14) days before the meeting of the General Assembly at which the amendment is to be considered;
     
131 1. The Constitution of the First Nation may be amended only in accordance with the following steps:

a) Step 1: Council shall adopt a resolution, by simple majority vote, proposing an amendment to this Constitution. 
b) the quorum for the General Assembly is present at the time the amendment is considered for debate and decision; and
132 b) Step 2: written notice of the proposed amendment is given by the Council to all Citizens eligible to vote at a General Assembly at least fourteen (14) days before the meeting of the General Assembly at which the amendment is to be considered.
c) the amendment is approved by the affirmative vote of three-quarters of the citizens then present at the meeting of the General Assembly and eligible to vote;.
133 c) Step 3: General Assembly will then determine whether to proceed with or change the proposed amendment; the quorum for the General Assembly must be present at the time the amendment is considered for debate and decision.
134N d) Step 4: The amendment is approved by the affirmative vote of three quarters of the Citizens then present at the meeting of the General Assembly and eligible to vote. In no case shall an amendment to this Constitution be passed when fewer than the required quorum of citizens of the Assembly are present and participating.
135N 2. An amendment to this Constitution must be consistent with the Vuntut Gwitchin Self-Government Agreement and the rights and freedoms stated within the Constitution.
ARTICLE XVIII - TRANSITION No proposed amendments
ARTICLE XIX – CHALLENGING AND QUASHING OF LAWS
136N 1. Validity of Vuntut Gwitchin laws
a) The validity of a Vuntut Gwitchin law may be challenged by a Citizen in the Yukon Supreme Court and the Vuntut Gwitchin Court, once established.
i. Any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
ARTICLE XX: INTERPRETATION
137N (1) In this Constitution:
(a) unless it is otherwise clear from the context, the use of the word “including” means “including, but not limited to”, and the use of the word “includes” means “includes, but is not limited to”;
(b) unless it is otherwise clear from the context, a reference to a “section”, “subsection” or “paragraph” means a section, subsection or paragraph, respectively, of this Constitution;

(c) headings and subheadings are for convenience only, do not form a part of this Constitution, and in no way define, limit, alter, or enlarge the scope or meaning of any provision of this Constitution; and

(d) unless it is otherwise clear from the context, the use of the singular includes the plural, and the use of the plural includes the singular.
138N (2) If there is a conflict between different versions of this Constitution, the English language version will prevail.
139N 2. Conflict of laws

In this Agreement there is a conflict between laws if compliance with one law would be a breach of the other law.
140N 3. Status of Schedules

All Schedules to this Constitution form part of this Constitution.
141N 4. Commencement

This Constitution is in effect as of the effective date of the Vuntut Gwitchin Final Agreement.
APPENDIX I: ELECTION RULES AND REGULATIONS
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APPENDIX I

Election Rules and Regulations


1. Voting shall be pursuant to the principles of the Constitution.

2. Voting shall be by secret ballot.

3. Voting for Council shall be the third Monday in November.

4. There shall be a polling station in Old Crow and a polling station in Whitehorse


and in such other locations as the returning officer may decide.

5. There shall be at least two weeks notice of the voting date. Notice shall be posted in Old Crow and in Whitehorse and shall be broadcast by radio.

6. The voting and election procedure shall be conducted by a returning officer. The returning officer shall be Vuntut Gwitchin and shall be appointed by the Council.

7. All persons who are Vuntut Gwitchin First Nation citizens are eligible to vote in an election if they are Yukon residents and sixteen years of age or older.

8. There may be an advance poll at the discretion of the returning officer, subject to any law of the Vuntut Gwitchin First Nation.

9. There may be voting by mail at the discretion of the returning officer, subject to any law of the Vuntut Gwitchin First Nation.
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APPENDIX II: CITIZENSHIP CODE  144 SCHEDULE I: CITIZENSHIP CODE VUNTUT GWITCHIN FIRST NATION
PREAMBLE

Whereas the ancestors of the Vuntut Gwitchin First Nation have occupied the lands


known as the northern portions of the Yukon Territory since time immemorial;

Whereas the Vuntut Gwitchin First Nation considers the control of its citizenship to be its fundamental duty and responsibility;

Whereas the Citizenship Code is a fundamental part of the Constitution of the Vuntut Gwitchin First Nation; and

Whereas the Vuntut Gwitchin First Nation has negotiated with the Government of Canada and the Government of Yukon a Vuntut Gwitchin First Nation Final Agreement and Self-Government Agreement.
145 1. PREAMBLE
The Vuntut Gwitchin First Nation have occupied the lands known as the northern portions of the Yukon Territory since time immemorial. Therefore, the Vuntut Gwitchin First Nation considers the control of its citizenship to be its fundamental right and responsibility. 
146N “Adopted Child” means a person who, while a minor, is adopted in accordance with the relevant laws on adoption, which includes Vuntut Gwitchin Law or customary laws.
147N “Canada” means, unless the context otherwise requires, Her Majesty the Queen in right of Canada;
148N “Chief” means the leader of Vuntut Gwitchin First Nation chosen as a result of a duly held election;
“Child” means a child born in or out of wedlock, a legally adopted child and a child adopted in accordance with the accepted custom or the Vuntut Gwitchin First Nation.
149 “Child” means a child born in or out of wedlock, a legally adopted child, and a child adopted in accordance with the accepted custom or the Vuntut Gwitchin First Nation who is under 19 years of age;
150N “Citizen” means a person whose name is on the First Nation Citizenship List;
151N “Councillor” means either the Deputy Chief or Councillor chosen as a result of a duly held election.
“Council” means the Council of the Vuntut Gwitchin First Nation as chosen through its Constitution.
152 “Council” means the Council of the Vuntut Gwitchin First Nation chosen as a result of a duly held election. 
“Elder” means a citizen who is sixty years of age or more and resides in the Traditional Territory of the Vuntut Gwitchin First Nation.
153 “Elder” means a citizen who is sixty years of age or more and resides in the Yukon.
“Elector” means a person who is registered on the First Nation Citizenship List and who is sixteen years of age or older and who is not disqualified from voting on First Nation matters.
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155 “Citizen” means a person whose name is on the First Nation Citizenship List;
156N “First Nation” means the Vuntut Gwitchin First Nation.
157N “First Nation Citizenship List” means the list of citizens that is maintained by the Vuntut Gwitchin First Nation.
158N “Ordinarily Resident” means a person who lived or has lived the majority of his or her life in the Yukon. In making such determination, temporary absences from the Yukon for reasons such as travel, education, medical treatment, military service or incarceration, shall be considered periods of residence provided the Person was Ordinarily Resident prior to such temporary absences. 
159N “Enrollment/Statistician Officer” means the officer of the Vuntut Gwitchin First Nation who is responsible for maintaining the Vuntut Gwitchin First Nation Citizenship List.
160N “Resident” means a person ordinarily residing on Vuntut Gwitchin Settlement Land who may or may not be a Citizen of Vuntut Gwitchin;
161N “Review Council” means the body responsible for:
- Recounts in an election;
- Serving as the Citizenship/Enrollment Committee;
- Receiving complaints about Chief and Council;
- Where necessary, removal from office; and
- Where necessary, appointment of interim Councillor 
162N “Vuntut Gwitchin Laws” includes this Constitution; and any law passed in accordance with the procedure set out in the Governance Act; 
163N “Vuntut Gwitchin Government” means the government of the Vuntut Gwitchin First Nation;
164N “Vuntut Gwitchin First Nation” means the collectivity of Citizens who share the language, culture, and laws of the Vuntut Gwitchin, and their descendants;
FIRST NATION CITIZENSHIP ENROLLMENT
A person shall be eligible to be a registered First Nation citizen if that person is alive, and

a) his or her name appears on the First Nation List as of June 20, 1987; or,



b) is 25% or more Indian blood and was ordinarily resident in the Old Crow traditional area prior to June 20, 1987;

c) deemed by the Council and Elders Council to be eligible for registration;

d) is a legitimate or illegitimate lineal descendant of a person who meets or would have met the criteria contained in section 3(1)(a), 3(1)(b), or 3(1)(c); or,

e) is an adopted child of an eligible person.

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EXCLUSIONS

The following persons shall not be eligible to be registered as a citizen:

a) a person who is registered in another First Nation or Indian band; and

b) a non-Indian woman who was entitled to be registered by the former Old Crow Indian Band and who has remarried a non-citizen.
166 1. EXCLUSIONS
The following persons shall not be eligible to be registered as a Citizen:
a) a person who is enrolled in another self-governing First Nation in Canada; and
b) a person who is a Citizen of another self-governing First Nation or member of a First Nation Band as defined in the Indian Act in Canada
167N 2. APPLICATIONS
(1) Any adult person may apply to the Enrollment Committee to be enrolled as a Citizen.
(2) Any adult person may apply to the Enrollment Committee to enroll their Minor child as a Citizen.
(3) Any person who, by order of a court in Canada or pursuant to Legislation, has been vested with the authority to manage the affairs of an adult incapable of managing his or her own affairs may apply to the Citizenship Committee on behalf of the adult.
168N MINOR CHILDREN
(1) If the parents of a minor child are Citizens of a different self-governing First Nation or First Nation Band, the minor child is considered a Citizen of the Nation of the parent’s choice.
(2) If parents of a minor child are legally separated or divorced, the minor child will retain Citizenship of the parent with whom they are primarily resident or the Citizenship of the parents’ joint decision, if they agree.
FIRST NATION ENROLLMENT COMMITTEE
A First Nation Enrollment Committee shall be established and shall be composed of two members of the Council or their duly appointed representative and three members of the Elders Council who shall have the following responsibilities:
169 (1) The Enrollment Committee is the same body as the Review Council and is responsible for:
 a)publicizing and providing information in respect of the eligibility process to potential First Nation citizens 170R
b) receiving completed applications for enrollment; 171

a) receiving completed applications for Citizenship or Enrollment;
c) approving and certifying eligible applicants and forwarding the same to the First Nation Registrar;
172 b) approving and certifying eligible applicants and forwarding the same to the Enrollment/Statistician Officer;
d) forwarding the names of applicants who have been refused certification together with all relevant information and documentation to the First Nation Registrar; and
173 c) forwarding the names of applicants who have been refused Citizenship and/or Enrollment together with all relevant information and documentation to the Enrollment/Statistician Officer; 
e) determining whether or not a child has been adopted pursuant to First Nation customs.
174 d) Determining whether or not a child has been adopted pursuant to Vuntut Gwitchin custom; and
175N e) Providing information about adoption to the Enrollment/Statistician Officer
176N 5. ENROLLMENT

(1) Any adult person may apply, per section 3.10.0 of the Umbrella Final Agreement to the Enrollment Committee to enroll as a Citizen of the Vuntut Gwitchin First Nation according to the eligibility criteria set out in sections 3.2.2.1-3.2.2.3 if that individual:
3.2.2.1 Establishes that they are of 25 percent or more First Nations ancestry and were Ordinarily Resident in the Yukon between January 1, 1800 and January 1, 1940;
3.2.2.2 Establishes that they are a Descendant of a person living or deceased eligible under 3.2.2.1;
3.2.2.3 Establishes that they are an Adopted Child of a Person living or deceased eligible under 3.2.2.1 or 3.2.2.2;
(2) In the spirit of section 3.2.2.4 of the Vuntut Gwitchin First Nation Final Agreement, the Enrollment Committee may, in its discretion, and upon consideration of all relevant circumstances, consider an applicant to have sufficient ancestry with the Vuntut Gwitchin First Nation so as to justify enrollment.
177N PROCEDURE TO APPLY FOR ENROLLMENT
(1) Any adult person who seeks to become a Vuntut Gwitchin First Nation Citizen will file an application with the Enrollment/Statistician Officer with the following documentation:
a. Birth certificate;
b. Confirmation that the applicant is not enrolled under another self-governing First Nation Final Agreement as per section 3.4.0. of the Vuntut Gwitchin First Nation Final Agreement; and
c. If the applicant cannot show confirmation of enrollment, that they are a descendant of a person eligible for enrollment (proof of Vuntut Gwitchin ancestry).
ENROLLMENT APPEAL BOARD
a) An Enrollment Appeal Board shall be appointed by the Council and shall consist of four persons, all citizens, none of whom shall concurrently sit on the Committee.
178 a) On an ad hoc basis, an Appeal Board may be appointed by the Chief and Council and shall consist of three  persons, all Citizens, none of whom shall concurrently sit on the Enrollment Committee.
e) The Enrollment Appeal Board shall have the authority to affirm, vary, rescind or refer the subject matter back to the Enrollment Committee for reconsideration or further investigation.
179 e) The Enrollment Appeal Board shall have the authority to affirm, vary, deny or refer the subject matter back to the Enrollment Committee for reconsideration or further investigation.
180N f) The decision of the Enrollment Appeal Board shall be final.
WITHDRAWAL AND TERMINATION
b) The Elders Council may terminate the citizenship of any person whom it deems is acting in a manner detrimental to the objectives of the Constitution. The termination shall be for such period of time as is permitted by the Constitution.
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FIRST NATION REGISTRAR 182 8. FIRST NATION ENROLLMENT/STATISTICIAN OFFICER
183N (1) An Enrollment/Statistician Officer will be hired by the Vuntut Gwitchin Government and shall have the following responsibilities:   c) Providing any individual seeking to become a Vuntut Gwitchin Citizen, the application form that identifies the Enrollment requirements and outlines the application process. 
184N (2) All information and documentation received by the Enrollment/Statistician Officer for the purposes of applying for Vuntut GwitchinCitizenship shall be treated as confidential and may not be released without the written consent of the applicant.
AMENDMENT
The Citizenship Code of the First Nation may be amended through an extraordinary resolution of the First Nation at a Special General Assembly or at Annual General Assembly of the First Nation.
185N
The Citizenship Code of the Vuntut Gwitchin First Nation may be amended through an extraordinary resolution of the First Nation which will be passed by consensus, or if consensus is not achieved, by three-quarters majority vote at either a Special General Assembly or Annual General Assembly of the First Nation.
SCHEDULE II: OATH OF OFFICE
186N Each person who is elected to the position of Chief or Councillor is required by this Constitution to swear or affirm loyalty to the Vuntut Gwitchin Nation and obedience to this Constitution, and must answer the following questions asked by an Elder:
187N Will you accept from the people the sacred responsibility of government? Will you be loyal to the Vuntut Gwitchin Nation, uphold its values, and protect and obey its Constitution?

“I will.”
188N Will you seek the guidance of the Elders and respect their wisdom? Will you be faithful to your role and to those who seek your advice, and will you keep secret all matters entrusted to your confidence?

“I will.”
189N Will you work to preserve the peace and unity of the Vuntut Gwitchin Nation, to secure the well-being of the people, and to provide good, effective, and accountable government for the Vuntut Gwitchin Nation as a whole?

“I will, and may I have the wisdom to continue to protect our land and our people.”