Powers need defining - Crow

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BLOOD RESERVE - The crux of the new Blood election system changes dispute is that the powers and responsibilities of chief and council must be clearly defined, says a Blood journalist.

Mary Ann Crow, who has been following the Native political scene for a number of years, says the lack of clear definition has confused the electorate as to what govern-ment system they follow - the Indian Act or Band Custom.

She said the dispute is not whether the Blood chief and council's term be two or four years, but the validity of the Blood Tribe custom bylaws and regulations. These bylaws have been used by Blood Council to determine their election procedures but were ratified by the Blood people, said Crow.

"In the Indian Act, the powers and responsibilities of chief and council are clearly defined. But under the Band Custom, it is not.

"It has to be tested and challenged in court to determine precisely chief and council's power and authority," said Crow. "So far Band Custom hasn't been challenged although a lot of review in southern Alberta are under Band Custom."

Crow said the issue in the Blood election changes dispute is that "council has assumed power and authority and made decisions for the people," she said.

"Before there is any kind of confidence for the Blood chief and council, the issues surrounding Band Custom have to be brought to light and addressed," said Crow.

She feels that band elections are "a senseless exercise because there is no real foundation" for Band councils to run their own affairs.

Crow said the only alternative to the election system dispute is a referendum. "Of course, it's costly. But the real power is with the people not chief and council.

However, it was the people's choice to change to a two-year system for chief and council from a life-time hereditary system in 1962.

"It took five referendums before the system was changed. After that, the Bloods were never consulted again," said Crow.

In 1976 under the Indian Act, the Blood chief and council decided to go Band Custom instead of following the election regulations under the Indian Act.

Crow said the Bloods are not apathetic. "They are living under a paternalistic government. they are not informed about any council decision. And they don't know what their rights are."