1. GUKEYEH GUK’EH GU’SANI KASKA DENA NATIONAL CONSTITUTION
Prepared for Presentation to
Annual General Assembly
August 12, 13 and 14, 2008

2. Table of Contents of Constitution
Preamble
Definitions
Chapter 1 – Founding Provisions
Chapter 2 – National Institutions
Chapter 3 – Finance
Chapter 4 – Programs and Services
Chapter 5 – National Judicial Council
Chapter 6 – Amendment of Constitution
Chapter 7 – Law Making
Chapter 8 – Ratification
Chapter 9 – Transition
Schedule 1 – Map of Traditional Territory

3. Preamble We are the Kaska Dena and this is our written Constitution.
Our Nation is comprised of the people of the Tsyone Dena and Mesga Dena clans. Our home is the Kaska Dena Kayeh which is unsurrendered lands. We share a common history, language, culture, and traditional laws.
The Kaska Dena include those who speak the dialects of the Kaska language which include, among others: Hestah godena, Ispato dogena, Thucho godena, and Tsalona godena.
Stating the Kaska Dena is comprised of two clans, the Tsyone Dena and Mesga Dena from a matrilineal line is more descriptive. Stating ‘We share a common etc, and including law, woo

4. Preamble
The Kaska Dena Nation has existed from time immemorial as has our inherent right to govern ourselves.
Kaska Dena has never ceded, surrendered, or in any way relinquished aboriginal rights and title and will continue to assert its interests and exercise its aboriginal rights over the traditional territory. We do not recognize the Canadian provincial or territorial borders that divide our Nation.

5. Preamble
We have a deep spiritual attachment to Kaska Dena Kayeh which, together with our culture, language and ancient traditions make us Kaska Dena. We govern ourselves accordingly.
Therefore, Kaska Dena Governance shall always:

6. Preamble
Be guided by Dena Aaat Na Saan and by our Elders who shall be the teachers for the Kaska Dena leadership of tomorrow;
Be exercised in accordance with the principles of respect, fairness and openness with our citizenship, and leadership will be exercised with honour and integrity;
Be guided by the requirement to preserve our rights, title and interests throughout Kaska Dena Kayeh;

7. Preamble
Promote the involvement of all Kaska Dena, regardless of age, gender or status within the community, in the future development of our communities and our Kaska Dena Kayeh, as the pride and honour of the Kaska Dena Nation is sustained by the involvement of all Kaska Dena in the life of the Nation;
Promote the sharing of the wealth of Kaska Dena Keyah with all Kaska Dena;
Ensure the protection, preservation and sustainability of the air, lands, waters, plants and animals of Kaska Dena Kayeh for future generations of Kaska Dena;

8. Preamble
Respect and promote traditional Kaska Dena laws, principles, values, customs and practices;
Respect and promote the Kaska Dena language and dialects; and
Promote investment in the spiritual, emotional, physical and mental welfare of all Kaska as the well being of Kaska Dena individuals and families is our strength.

9. Chapter 1 – Founding Provisions
Fundamental Values
list of values held by Kaska Dena
includes spirituality, traditions, protection of rights
Kaska Dena Kayeh
description of the traditional territory

10. Elders Language and Culture
description of their characteristics, including nurturing, guiding and advising
Language and Culture
institutions to honour language and culture
right to speak in Kaska Dena or English at any meetings of National Assembly, National Council or Elders Council, including right to have translators at those meetings

11. Citizenship Citizenship Rights
Every person who is a member of a Kaska First Nation is entitled to be a Kaska Dena Citizen
Citizenship Rights
right to vote and hold office

12. Chapter 2 – National Institutions
National Government
central governing authority of the Nation
primarily responsible for matters that may affect more than one Kaska First Nation, common to all First Nations, or of national or international significance insofar as the responsibilities are delegated to it by Kaska First Nations
Government consists of the following institutions:
National Assembly
National Council
National Executive
National Elders Council
National Gudesdeje
National Youth Council

13. Responsibilities of National Government
exercise any responsibility that the governments of one, several or all the Kaska First Nations may delegate to it from time to time
deliver delegated programs and services
regulate rights under this Constitution
administer the National Government and its institutions
Delegation of Authorities
each First Nation to retain full powers
each First Nation to provide written notice to National Council of how it will delegate authority to National Government

14. Conflict Provision National Assembly
if any inconsistency or conflict between Constitution and National Law, the Constitution shall prevail
if any inconsistency or conflict between Constitution and any Kaska First Nation Constitution or laws, the Kaska First Nation Constitution and laws shall prevail
National Assembly
to take place once a year
Special National Assembly can take place at any other time

15. National Council to meet three times a year consists of the following:
National Gudesdeje
Chief and Council of each Kaska First Nation
Two representatives from National Elders Council
Two representatives from National Youth Council
Two men’s representatives
Two women’s representatives
Council oversees the administration of the National Government, provides direction to the National Executive, approves budgets, ratifies agreements

16. National Council Decision Making
by consensus, otherwise, by simple majority
all proceedings/decisions to be recorded and available for inspection
quorum is two-thirds of Council
Council may make rules to govern it own proceedings

17. Duty to Remove From Office
only applicable to nationally elected members (ie. National Gudesdeje/Men’s/Women’s representative)
grounds are conviction of indictable offence while in office or breach of Oath of Office and Confidentiality
any other Council members can be removed only by the process governing their institution (ie. the particular Kaska First Nation process, or the Elders/Youth Council process)

18. National Executive
to meet at least four times a year in addition to any National Assembly
consists of:
National Gudesdeje
Chief of each Kaska First Nation
Two representatives from National Elders Council
One representative from National Youth Council
One men’s representative
One women’s representative
National Executive to exercise authorities, responsibilities and functions assigned to it by the National Assembly, National Council, or National Law

19. Meeting of the National Executive
National Executive to convene National Assembly at least once a year
may call a Special National Assembly at any other time to consider a matter of importance to Kaska Dena Nation
Meeting of the National Executive
National Gudesdeje to determine time and location of meetings
take place at least four times per year and other times as necessary
quorum to be two-thirds of members of the National Executive
to follow the rules of order of the National Council except as may be amended by the Executive

20. Public Access to Kaska Dena National Law
Executive to maintain National Law Registry

21. National Gudesdeje
preside at meetings of the National Executive and the National Council
oversee the administration and financial management of the National Government
acts as spokesperson for the National Government
carry out any other matter delegated by National Assembly, National Council, National Executive, National Elders Council, or a Kaska First Nation
to be elected by the citizens in accordance with Kaska Dena National Election Code Deputy National Gudesdeje
Executive to select Deputy National Gudesdeje from among the Chiefs of the Kaska First Nations

22. Deputy National Gudesdeje
Executive to select Deputy from among Chiefs of Kaska First Nations
National Elders Council
acts as an advisory body
each Kaska First Nation to establish its own Elders Council according to its own procedures
each Kaska First Nation Elders Council to select two representatives to sit for a four year term on the National Elders Council
National Elders Council will select two Elders to serve on National Council, will mentor and guide the National Youth Council and advise National Council and the National Executive on any matter referred to it

23. National Youth Council
to consult with Kaska Dena youth regarding any and all issues of concern the youth may wish to have addressed at a National level
is comprised of two youths selected for a four year term by each Kaska First Nation Youth Council according to its own procedures
National Youth Council will bring identified issues to National Council and National Executive

24. National Women’s Representatives
two representatives, one from each clan, shall be elected for a four year term by the Kaska Dena women at the same time as the election for the National Gudesdeje
Women’s representatives will ensure that issues of concern to Kaska Dena women are addressed by the National Government and bring those issues to the attention of National Council and Assembly

25. will ensure that perspectives of the women are represented in deliberations of all governing institutions
will work for greater respect for Kaska Dena women and the achievement of equality
ensure that matrilineal lines are recognized by the National Government and Nations Laws

26. National Men’s Representatives
two representatives, one from each clan, shall be elected for a four year term at the same as the election for National Gudesdeje
each men’s representative will ensure that issues of concern to men are addressed at the National Government and bring those issues to the attention of the Council and Assembly
ensure the perspectives of men are represented in deliberations of all governing institutions
will work for greater respect for Kaska Dena women and the achievement of equality and will ensure that matrilineal lines are recognized by National Government and National Laws

27. Chapter 3 - Finance Principles of Financial Administration
National Government shall be prudent, transparent and accountable
Financial Duties of National Council
National Council shall develop laws and regulations regarding financial management and accountability in managing the receipt and expenditure of National Government revenues

28. Control of Financial Administration
Finance Committee
Finance Committee shall be established and shall consist of one representative of each Kaska First Nation and a Chairperson appointed by the National Council
the Finance Committee to act as chief advisory body to National Council on all financial matters
Control of Financial Administration
National Government may spend money only in accordance with the budget approved by the National Council
National Laws shall be enacted that prescribe a common fiscal year, timing and form of budgets, and process for preparing and approving budgets

29. Contracts
Finance Committee may recommend to National Council such terms and conditions it considers necessary in order to enter into contracts
National Council has sole authority to enter into contracts for the National Government unless such authority is delegated to another public officer

30. Chapter 4 – Programs and Services
Administration of Programs and Services
public service of the Nation shall be administered in accordance with the following values and principles:
Dena Aaat Na San
respecting and promoting Kaska Dena culture, values, traditions and language
high standard of ethics
effective and efficient use of resources
impartial and equitable provision of services
responsiveness to public needs
provision of timely, accessible and accurate information
National Executive may negotiate, if delegated by some or all of the effected Kaska First Nations, with Canada, Yukon, Northwest Territories or British Columbia, or any other government entity, to assume responsibilities for delivery of programs and services to Kaska Dena citizens

31. Chapter 5 – Kaska Dena National Judicial Council
National Council shall establish and implement a National Judicial Council
functions and purposes shall include adjudication cases of violations of National Laws, and determining the validity of National Laws or regulations or decisions of National Government
may arbitrate or mediate disputes, and appoint an investigative committee to review financial irregularities
review appeals regarding removal of office of an nationally elected official

32. National Council shall be responsible for selecting the members and determining the criteria and composition of the Judicial Council
Judicial Council shall have at least one member who has a law degree from a recognized university in Canada
Judicial Council may establish a tribunal to conduct investigations of any matter referred to it by the National Council

33. Chapter 6 – Amendment of Constitution
Constitutional Amendment
Constitution may only be amended by the following procedures:
Step 1 – Executive or any Kaska First Nation may propose an amendment
Step 2 – Council to consider resolution and vote whether to reject amendment or proceed to consider in detail
Step 3 –National Council to appoint committee to carry out review

34. Step 4 – Amendment to be made available for public review in each Kaska First Nation, and the Kaska Elders Council or any citizen shall have 60 days to make written submissions raising concerns or comments
Step 5 – After receiving comments, the National Council to consider amendment in detail
Step 6 – If the National Council votes by consensus or by two-thirds majority to approve amendment, amendment to be introduced at a National Assembly with 60 days notice

35. Constitutional amendment will pass if supported by at least three-quarters of Kaska Dena citizens who are present and vote at the National Assembly
Special National Assembly to be convened every five years to be called a Constitutional Review Assembly

36. Chapter 7 – Law Making Law Making Process
National Assembly, any Kaska First Nation, or National Council may propose new legislation or legislative amendments
National Executive shall refer proposal to a Law Drafting Committee for review
National Council may refer proposal to National Elders Council and Youth Council for advice or comments
National Council shall seek consensus on the recommendation with respect to proposal for legislation

37. if consensus cannot be reached then a proposal shall be recommended upon a simple majority of Council members voting “yes” at a duly convened meeting
National Executive to prepare report and refer the proposal if recommended to each Kaska First Nation which in turn will review and vote on proposal in accordance with their own particular procedures

38. upon receipt of record of decision of each Kaska Nation, if all Kaska First Nations have approved then the National Council must adopt the proposal
if majority of Kaska First Nations have rejected the proposal the National Council must reject the proposal
if a minority of Kaska First Nations have rejected the proposal or an equal number approve as reject, then the proposal shall be referred to a joint session of the National Council and National Elders Council for reconsideration
at a joint session the National Council and Elders Council shall seek consensus

39. if consensus cannot be reached the legislation is adopted if supported by at least seventy-five percent of the members present and voting
legislation adopted by National Council comes into force and becomes National Law when signed by members of the National Executive

40. Chapter 8 - Ratification
Ratification and Coming Into Force the Constitution
Each First Nation will vote to adopt the Constitution
Information sessions and vote to be held in each First Nation community in fall 2008
Constitution will be ratified if at least 60% of those who participate in voting process vote “Yes” by secret ballot

41. Chapter 9 - Transition Transition
upon the ratification and coming into force of the Constitution the National Government will be recognized as the successor to the Kaska Tribal Council and all rights, responsibilities, assets and obligations of the Kaska Tribal Council shall be assumed by the National Government