Referendum underway for ‘historic’ written constitution for Heiltsuk Nation

Members of the Heiltsuk Nation have started voting on what leadership are calling a “historic” written constitution.

Members of the Heiltsuk Nation have begun voting in a referendum that could see the First Nation on British Columbia’s central coast adopt what its leadership is calling a “historic” written constitution.

According to Pauline Waterfall, a representative of the nation’s Women’s Council, the document has been two decades in the making.

“It began with discussions within the community with various groups, including youth and elders,” Waterfall told CTV News.

While having a written constitution would be a historic first for the nation, Waterfall points out the Heiltsuk have had a traditional governance system dating back thousands of years, before it was disrupted by Canada’s Indian Act.

“It was a shared responsibility and everyone had a voice, an equal voice, that was valued,” she said.

In transforming First Nations government, the Indian Act delegated some powers that traditionally belonged to hereditary chiefs to elected chiefs and councils, which were a construct of Canada’s colonial government.

The proposed Heiltsuk constitution would create a power sharing model between elected chiefs and councils, hereditary chiefs and the nation’s women’s council.

Prior to finalizing the document, the Heiltsuk said it held extensive consultations with 2,000 members living throughout southwest B.C.

“We are so proud of the hard work our people have put into re-constituting our governance system, and bringing us to this moment,” said Marilyn Slett, Heiltsuk’s elected chief.

“We have always had an ancestral constitution, held in our hearts and minds, and enacted through our ceremonies and everyday practices. What is new is the constitution is being written down and we are voting on whether to implement it using our inherent right and authority to do so.”

The nation says if adopted, the constitution will help the Heiltsuk reclaim its power and create laws that reflect its priorities and values, while setting a precedent for other First Nations.

It also says the constitution would clear up legal issues around decision making that have often been left up to Canadian courts.

Online voting, underway for Heiltsuk members living on and off-reserve, will be open until Feb. 20.

The nation says the referendum is being conducted by an independent electoral officer.