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Summary of the Constitution Workshop with Professor Don Jackson



Background: - To assist and prepare the group, the Chief called for a Constitutional Workshop, scheduled for March 16, from 9:00 a.m. through 4:00 p.m, facilitated by Professor Don Jackson, Constitutional Theorist, from Algoma University College. The Session was held as planned, and five of the six members attended.


 
 

During the session, the group learned about constitutions, the role we would play, and the method to analyse and suggest improvements to the draft.

Attendees were
Chief Michael Cacahgee,
Elder Reg Fletcher,
John (Chalie) White,
Professor Jackson,
Artist Jesse Agawa, from the Rankin Reserve,
Eric Caldwell (Group Member),
Candice Corston (former Chief and Group Member),
Brian Edwards (Group Member),
Keith Corston (Group Member),
Lark Ritchie (Group Member), and
Allan Ritchie, (observer, on break from Queen's University at Kingston).
Group Member Jerry McAuley, an Elder was absent to attend a funeral.

In the preliminary discussions three topics were set for address. They were:

What is the usual purpose of a constitution?
What is the typical process when creating a constitution?
How is an 'in place constitution used?

We started out with an overview by Professor Jackson via a description of one of Jesse Agawa's paintings, which portrayed the relationships of traditional native and contemporary knowledge; an integration of spiritual and cultural themes.

We went on to constitutional concepts, reflecting on prehistoric Europe, and the invasion of what is now called the British Isles, William the Conqueror and the Normans, ("it took 801 years for the English to have their say" - Jackson) and proceeded into the present day United States and Canada.

The caution from Professor Jackson, reiterated several times, was not to rush the process, because a constitution was something in which the people must 'recognize themselves.' Chief Cachagee supported this thought, saying 'Time is immaterial." Jackson emphasized that whether or not we have a written constitution, one does exist; it is what we have as values. A written constitution is only the embodiment and expression of what is inherently right for us.

Jackson also offered a second precaution: "Do not underestimate the level of conflict, of abuse, trauma, and emotion" (in designing a model for the future.) He suggested that we make a committment to work towards a good constitution.

According to Jackson, "The big failure (in this type of process) is to try to impose (a constitution.)" The Professor described some events during the North Shore Tribal Council work towards a constitution, where only two people knew the internals of the document. Jackson also warned; "the biggest threat to success is our own impatience."

The tone was also reflected by Elder Reg Fletcher, who emphasized that we must be able to 'feel' ourselves in its words.

Through the talks, Jackson mapped the process; from a draft, get input and comment, "get a pile of comments this high.." (10 inches); discuss the concerns and comments, analyse the words, respond by reworking, leading to a new draft, or sections suggested for replacement or insertion in the draft.

We went on to clarify whether our role was to be passive or active. In other words, would we just consolidate concerns, or interpret the current draft, or would we move the document further in a new draft? With the guidance and patience of the professor, we arrived at a consensus that we must take an active role in its development.

The group reviewed a line-by-line draft of a mandate, and agreed to that mandate, an action plan, and a letter to CCFN members announcing an extension for member input. All three documents were prepared for distibution, with the hope that the package would be mailed by the 18 of March. You can see the origials on other pages at this site.

Scribe - Lark Ritchie.



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The constitution working group