Videos for Belonging Law 2019
FINAL MEMBERSHIP CODE
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M’Chigeeng Anishinaabek Belonging Law 2019 – Summary
- Chief and Council have the authority to administer the Belonging Law.
- Chief and Council will appoint a Citizenship Committee and a Citizenship Appeals Committee.
- Citizenship Committee – will review all applications and make a recommendation to Chief and Council.
- Citizenship Appeals Committee – will receive and review all appeals and decide whether or not an appeal should be allowed.
- The Citizenship Register will include the names of every citizen of M’Chigeeng.
- Citizen – the word translates to Debendaagzijig in Anishinaabemowin.
Persons Entitled to Citizenship as of Right (section 4)
- Individuals who fall under this section, are required to complete and submit a short application form. These applications will be reviewed and, if found valid, will be accepted within 30 days. As a formality, Chief and Council must approve these names to be added to the Citizenship Register.
- The forms can be found at the administrative office.
- All individuals who are registered Indians and whose names appeared on M’Chigeeng’s band list (maintain by the federal department) are entitled to Citizenship. This includes those who were not on the list, but were entitled to be on the list.
- All individuals who have at least one parent who is a Citizen of M’Chigeeng are entitled to Citizenship. This includes adoptive parents.
Persons who can apply for Citizenship (section 5)
- If you are an Indigenous person and you wish to transfer to M’Chigeeng from another First Nation, you may apply for Citizenship.
- If you are a spouse of a Citizen and you are Indigenous (from Canada or the United States), you may apply for Citizenship.
People who are not eligible to apply (section 6)
- Non-Indigenous people are not eligible to apply for Citizenship.
Application Process (section 7)
This section applies to applicants under section 5.
- Applicants under section 5 must have a sponsor.
- A Sponsor must fill out a section of the application supporting the applicant. They must a M’Chigeeng Citizen who lives on the reserve and who is at least 18 years old.
- Applicants who are accepted will be added to the Citizenship Register as a Pending Citizen.
- A Pending Citizen – must wait 2 years to become a full Citizen. They are allowed to live on M’Chigeeng’s reserve lands, but cannot be granted reserve land, housing, voting rights, or other benefits as determined by Chief and Council.
- After the two-year provisionary period, they will be a Citizen of M’Chigeeng.
Appeals (section 8)
- An applicant can appeal Chief and Council’s decision to reject their application to the Citizenship Appeals Committee.
- The applicant is required to pay an application fee as stated in the regulations.
- The Citizenship Appeals Committee will make a decision within 10 months of receiving the appeal application.
- The Citizenship Appeals committee with provide written reasons to an applicant if an appeal is rejected.
- All decisions of the Appeal Committee may be overturned by Chief and Council.
- Chief and Council have the final say.
- Applicants can apply for judicial review of the final decision. This must be done within 15 days of the date the decision is filed with the administrative office.
- An applicant must go through the appeals process before applying for judicial review.
Renouncement or Transfer of Citizenship (section 9)
- A M’Chigeeng Citizen may give up their citizenship by submitting an application to Chief and Council.
- This application includes a fee as outlined in the regulations.
- A Citizen who is giving up their Citizenship cannot make a claim to any funds of M’Chigeeng Anishinaabek.
- A Citizen under the age of 18 years cannot give up their Citizenship, but their parent may do so.
- A person who has given up or transferred their Citizenship, will be required to transfer or sell their property located on the M’Chigeeng reserve before they are transferred to another community.
- When applying to transfer to M’Chigeeng Anishinaabek from another First Nation, the applicant must give up their Citizenship in that other First Nation upon being accepted by M’Chigeeng Anishinaabek.
Privileges of Citizens (section 10)
- All Citizens may reside on M’Chigeeng Anishinaabek reserve lands.
- All Citizens may enjoy privileges that are granted by Chief and Council from time to time.
- Access to these privileges are NOT guaranteed in cases where funding or services must meet external requirements.