Westbank First Nation office.

(JOHN MCDONALD / iNFOnews.ca)

Back in 2005, Westbank First Nation created a five-person Advisory Council so non-members living on its reserve lands could advise on band council’s decisions.

Even though the band collects taxes from what are now more than 10,000 non-members, those residents still have no vote on how their money is spent.

Two years later, in 2007, Westbank First Nation was given a non-voting seat on the Regional District of Central Okanagan board.

It stemmed from a local services agreement the band negotiated with the regional district for services like 911, regional parks and economic development. That gave the band a voice but no vote, which is now in the process of being changed.

“While Westbank First Nation can, and does, negotiate the range and types of service that is provided from Regional District of Central Okanagan and can raise issues about service provision and budgets at board meetings, Westbank First Nation has no formal involvement in decision-making,” the Inclusive Regional Governance Report, which went to the regional district board meeting today, Jan. 25, says.

“This lack of involvement in decision making around changes to local services that are provided is an issue.”

READ MORE: How Okanagan land acknowledgements could be more meaningful

"The board is committed to working in partnership with Westbank First Nation to find a regional governance solution that supports syilx / Okanagan people's right to participate in decisions impacting them while also upholding their governance structure," board chair Loyal Woolridge said in a press release issued after the meeting.

Having a voting First Nations member on a regional district board is not unique in BC.

The Metro Vancouver Regional District’s 41-member board has a Tsawwassen First Nation member on its board. But that First Nation has a treaty with BC and Canada. Existing provincial legislation requries First Nations to have treaties in order to participate as voting members on regional boards.

Westbank First Nation is self-governing so a new legislative model will have to be developed.

The report outlines three options for changing legislation to allow a self-governing nation to have a vote.

The two parties will now meet with the Ministry of Municipal Affairs to see which of those scenarios, or an alternative to them, will best suit the Central Okanagan.

This is where the 10,000 non-members on band lands stand a chance to have their status changed as well.

Right now, while they pay taxes to the band and can only advise. They also vote for the Central Okanagan Area West director.

There are roughly 13,000 residents in that area, with 10,000 on band lands. Most of the rest live along the west side of Okanagan Lake north of West Kelowna.

Since some votes by the regional board are weighted based on population, that gives the Area West director three votes. Without counting in the extra 10,000 residents living on band lands, he would only qualify for one vote.

Where those votes will be counted is expected to be part of that discussion.

In the meantime, both Westbank First Nation and its non-member residents will have a voice but no vote.

At the same time, according to the report, Westbank First Nation “arguably has one of the most advanced systems of participatory democracy in Canada.”

That’s because decisions normally made by municipal councils or regional district boards, like land use, have to go through a formal discussion process with the band members who get to vote on the issues at a meeting or by referendum.

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