Administration Code Key Issue of Concern #7

REINFORCEMENT OF THE INDIAN ACT

The Administration Code further reinforces the Indian Act system of operation, which promotes the elected council’s control over the administration.

FACT:

In December 2011 Wahta Mohawks entered an Aboriginal Affairs and Northern Development (AANDC) Professional and Institutional Development Program (P&IDP) accepting funding for a 5 year Governance Plan which included the development of the Wahta Mohawks Administration Code. The purpose was to “increase capacity including accountability, transparency and good governance” to assist Wahta Mohawks in developing the governance capacity to move away from the Indian Act.

Wahta Mohawks have received from AANDC, and paid to outside Consultants, in excess of $250,000.00 for this initiative which further increases the elected councils’ control over the administration, the staff, and Wahta members.

Tribal Sovereignty Associates Report on the Wahta Administration Code said:

“One obvious challenge with the existing code is that it attempts to regulate two distinct bodies under one process. In other words, if the community desires the elected council and the  administration to function independent from one another, they each require a separate manual  that outlines their respective roles and responsibilities. Whereas the existing Administrative Code does not achieve this objective but further reinforces the Indian Act system of operation, which promotes the elected council’s control over the administration”.

Falls Law legal review said:

“It must be stressed that failure to dispose of or amend this Code will result in internal strife between the members of the Wahta Mohawks First Nation. This Code allows for the public shaming of members and essentially promotes in fighting. This Code offers no solutions to internal problems and instead invites members to create problems. This Code does not create good governance and will instead act as a tool to ensure that the Wahta Mohawks do not unite as a community. This Code will only reinforce the Federal Governments mandate of oppression.”

Download your copy of the Wahta Mohawks Administration Code – Executive Summary