SȾÁUTW̱ Constitution Project

SȾÁUTW̱ is in the process of developing a Constitution to set out SȾÁUTW̱’s jurisdiction and law-making authority throughout SȾÁUTW̱ territory, both on and off reserve, filling the gaps left by other laws and agreements, including the Marine Use Law, SȾÁUTW̱ ’s Land Code, the Indian Act, and SȾÁUTW̱’s Douglas Treaty. A draft is being written, and we are now entering the community engagement phase.

The Constitution would be the supreme law of SȾÁUTW̱ and would, among other things:

  1. Include a list of rights and freedoms of SȾÁUTW̱ Members, including the right to practice and promote cultural traditions, and the right to fair and equal access to programs and services.
  2. Recognize SȾÁUTW̱’s right to pass laws that apply to its territory on and off reserve, and describe the process for passing these laws. Leadership could develop laws based on SȾÁUTW̱ ’s priorities and across a variety of subject areas, such as land use, environmental protection, archaeology, child and family services, and business licensing.
  3. Set the number of Councillors that must be elected by the Members.
  4. Require that all elected officials and administration act in accordance with the Constitution and SȾÁUTW̱ laws.
  5. Set principles of financial administration of the Nation, including the requirement that Members have access to information regarding the financial management of services.
  6. Set the requirements for future amendments to the Constitution.

Following the community engagement phase, community feedback will be incorporated into the draft Constitution. Once leadership are satisfied with the updated draft Constitution, we will proceed with a formal ratification process by the community.

What is this about?

SȾÁUTW̱ is developing a Constitution that will serve as the Nation’s supreme law, affirming SȾÁUTW̱’s rights, jurisdiction, law-making authority, governance, and accountability throughout its territory. Community feedback gathered during the engagement phase will help shape the final draft before it moves to formal community ratification.

Whats this about?

[Description of the purpose of the Constitution, why Tsawout leadership think this is a good idea, a general overview of the elements of the draft law, as well as the need for community ratification]

Important Dates & Community Engagement Sessions

SȾÁUTW̱ First Nation is committed to keeping its Members well-informed and engaging directly with Members throughout the community consultation process. In keeping with this goal, we have scheduled several in-person engagement sessions where membership can learn more about this proposed law, and provide feedback in order to help guide the process. Please see the associated table for session dates and times.

Food and prizes will be provided at each event.

Meeting Dates, Times & Locations

EventDate & TimeLocationWho Should Attend
Youth EventSeptember 28, 2026, 5:30 pm – 8:00 pmSȾÁUTW̱ GymMembers under 19
Elders’ LunchOctober 1, 2026, 11:30 am – 1:00 pmSȾÁUTW̱ GymSȾÁUTW̱ Elders
All-Community EventOctober 5, 2026, 5:30 pm – 8:00 pmSȾÁUTW̱ GymCommunity members of all ages

Please note that these events are meant to be informational. Members will not vote on the proposed Constitution at this time. Voting is anticipated to take place in December or January.

Prior to the in-person events, or for those Members unable to attend in-person, we invite you to fill out the survey or submit feedback directly through the dedicated email address (SCLSurvey@Stautw.ca) and visit the frequently asked questions page. The FAQs will be updated on a rolling basis in response to Member feedback and questions.

Following in-person events, meeting materials will be made available online, so that community can view materials and feedback if they are unable to attend the community meetings.

Complete the Survey

We want to hear your voice. The Constitution is an assertion of SȾÁUTW̱ inherent jurisdiction and right to govern our territory. These are shared rights that impact everyone at SȾÁUTW̱, and your feedback and questions will be taken into consideration before the draft Constitution is finalized.

Frequently Asked Questions

What is the purpose of the Constitution?

The purpose of the Constitution is to confirm SȾÁUTW̱’s jurisdiction and law-making authority throughout SȾÁUTW̱ territory, both on and off reserve, filling the gaps left by other statutes and agreements, including the Marine Use Law, SȾÁUTW̱’s Land Code, the Indian Act, and SȾÁUTW̱’s Douglas Treaty. Under the Constitution, SȾÁUTW̱ could develop laws over time based on SȾÁUTW̱’s priorities and across a variety of subject areas, such as land use, environmental protection, archaeology, child and family services, and business licensing.

Once ratified, the Constitution would be the supreme law of SȾÁUTW̱, grounded in SȾÁUTW̱’s inherent right of governance and its Douglas Treaty.

Unlike the Land Code or the Financial Administration Law, which have been enacted by SȾÁUTW̱ in accordance with processes set out in federal law, by enacting a Constitution SȾÁUTW̱ is exercising its inherent governance authority in SȾÁUTW̱ territory. In doing so, SȾÁUTW̱ is challenging the notion that its law-making authority is limited to powers delegated to it from state government or limited to its reserves.

A draft Constitution has been developed by the Constitution Working Group. The Working Group continues to seek the assistance of SȾÁUTW̱ Elders to help with incorporating SENĆOŦEN language and concepts into the Constitution. The next phase is broader community engagement.

Community engagement and input is a key component in the development of the Constitution. SȾÁUTW̱ will be holding several in-person events: an all-community event, an Elders’ lunch, and a youth event. Please see the “Important Dates” section for more information on events. In addition to in-person opportunities, we encourage Members to complete our survey.

Feedback from the community will be incorporated into the draft Constitution. Additionally, the Constitution must be ratified by the community before it can be enacted.

Following the community engagement phase, the Working Group will incorporate community feedback into the draft Constitution. Once the Working Group and Council are satisfied with the Constitution, SȾÁUTW̱ can proceed with bringing it into effect. This would involve a formal process of ratification by the community, followed by adoption by Chief and Council.

Once ratified, the Constitution would be the supreme law of SȾÁUTW̱. All other SȾÁUTW̱ laws, including laws enacted by SȾÁUTW̱ under delegated authority (such as the Land Code or the Financial Administration Law) must be consistent with the Constitution. If at any point a law conflicts with the Constitution, that law would need to be amended to bring it into compliance with the Constitution.

SȾÁUTW̱ successfully applied for funding from the Declaration Act Engagement Fund (DAEF) to support development of the Constitution, as well as a consultation protocol and environmental assessment law.

Please submit your survey responses to the linked survey with any comments or questions you have. We will update the FAQs with recurring questions received through the survey. You are also invited to sign up to receive email updates if you wish to be informed about news relating to the Constitution, as well as other news and events happening in the community.

In addition, the community engagement events are intended to serve as opportunities for community members to learn about the Constitution and provide input. Please keep an eye out for updates regarding the dates and locations of these events.

Projected Timeline

The SȾÁUTW̱ Constitution project started in 2024, and we are planning to put the Constitution before the membership for a ratification vote in early 2027. We are currently in the Community Engagement Phase.

Please see the detailed timeline below that shows each stage of the process. We look forward to your participation as a SȾÁUTW̱  community member in making this project a success. We look forward to your participation as a SȾÁUTW̱ community member in making this project a success.

Stay Updated!

In order to ensure we are keeping all SȾÁUTW̱ Members updated, we request that you provide your email address if you wish to be informed about news relating to the Constitution, as well as other news and events happening in the community. Thanks for helping!

Name