Indian act election reform initiative
Click here to Download the Final Report of the National Engagement on Election Reform
Introduction
Over the last year, the APC has been researching and discussing with leaders, technicians and First Nations people in the Atlantic Region the issue of band elections. All the input we have received on this issue was carefully considered in developing recommendations for the Minister of Indian and Northern Affairs Canada to develop an improved system for holding and managing Band Council elections.
In the Atlantic Region, which includes three Mi'kmaq communities in Quebec, there are 27 First Nations who hold their elections under the Indian Act election system. This system has weaknesses and problems that destabilize First Nations governments and prevent them from moving forward on important projects. With the two year term of office, our community research has shown that newly elected Chief and Councils have little time to learn their responsibilities before its time for another election. Often, these important plans and projects cannot move forward because of the disruption. If a new Chief and Councils are elected, the cycle starts all over again. This political instability does not make First Nations very attractive to long term investment and economic development.
If a better electoral system could be developed, First Nations who choose this system will have stronger, more stable and capable governments. All community members would benefit. Other problems with the Indian Act election system are:
- As a result of the Gull Bay decision, off-reserve members can run for councillor positions. Since there is no limit on how many positions they can hold, it is possible for all the council positions to be held by off-reserve members.
- A loose nomination process that allows the nomination of candidates who are not serious or dedicated, often resulting in excess of 100 candidates vying for between three and twelve positions in a given election.
- No way to prevent one person from running and being elected to both a Chief and Councillor position. If the same person is elected to both positions and wishes to only hold one, the vacancy has to be filled through another lengthy and costly by-election.
- A mail-in ballot system that is open to abuse.
- The Indian Act election system has no defined offences and penalties making it impossible to prosecute corrupt practices that, if they were to take place in the context of a federal, provincial or municipal election, would be illegal and subject to criminal prosecution.
- Involvement of the Minister in reviewing, investigating and deciding upon election appeals, which takes too long.
Our key recommendation is for the design and introduction of a new and modern First Nations Elections Act (and regulations) as an alternative to the Indian Act system for the election of Band Councils. First Nations would then be able to choose whether they want to "opt-in" to the new election system. We have also recommended the following:
- the new First Nations Elections Act should respond to the specific needs of First Nations and be largely designed by them;
- the term (length) of office for Band Council members should be 4 years instead of the 2-year term that exists under the Indian Act system;
- the mail-in ballot system should be improved
- the Minister of Indian Affairs and Northern Development and his Department - who currently receive, investigate and decide upon election appeals - should be removed from any involvement; and
- the new First Nations Elections Act should define and set out election offences and attach penalties to discourage cheating and other dishonest activities from taking place in elections.
A National Engagement Effort on Electoral Reform
With the support of Indian and Northern Affairs Canada, the APC has partnered with the Assembly of Manitoba Chiefs, who has also been working in their province on election reform, to lead a national engagement effort. This will ensure that other regions of the country have an opportunity to provide their thoughts on the recommendations and on this initiative as a whole. Over the next few months, both our organizations will be informing and talking to First Nations leaders and provincial First Nations organizations about our recommendations for election reform. We hope that they will be interested in supporting our efforts for a better election system.
We also want to hear from First Nations people everywhere about this issue. For further information on our recommendations, a detailed discussion paper has been prepared that you can read by clicking here.
We invite you to provide your comments and thoughts. You can do so by writing directly to the APC either by e-mail or through the mail at the addresses below. We have also developed a feedback form that targets each recommendation individually that you may wish to print, complete and send to us either by mail or fax. Click here to access this form.
Recall
One of the recommendations that has been made is for the new First Nations Elections Act to allow for the majority of a First Nation's voters to recall one or more elected Band Council members during the 4-year term of office for reasons such as excessive absences from Band Council meetings, poor performance, conflict of interest or disreputable behaviour. To better understand how recall may work and to inform the overall discussion on electoral reform, a research paper on various recall models in existence both in First Nations and other government contexts has been developed. Click here to view the research paper. You can also consult a summary chart of the various models by clicking here. Your comments and thoughts are welcome and can be submitted as described below.
Send your feedback to:
Atlantic Policy Congress of First Nations Chiefs
c/o Krista Brookes
153 Willowdale Drive
Dartmouth, NS B2V 0A5
General Inquiry/Fax
Phone (Toll Free): 1-877-667-4007/(Local): 902-435-8021
Fax: 902-435-8027
Email: electionreform@apcfnc.ca
Facebook site: http://www.facebook.com/group.php?gid=150789196002
Finally, you can also consult the websites of the Assembly of Manitoba Chiefs at www.manitobachiefs.com, and Indian and Northern Affairs Canada at www.ainc-inac.gc.ca
The information gathered during this national engagement effort will inform the development of the new legislation.
Frequently Asked Questions
Q1: Is this a proposal to change the Indian Act?
A1: We are not recommending that the Indian Act election system be changed. It will remain the same for those First Nations who believe it best suits their needs. We are proposing a new stand-alone and optional piece of legislation.
Q2: What role does the APC and the Assembly of Manitoba Chiefs play in this initiative?
A2: We are leading this initiative in partnership with the Assembly of Manitoba Chiefs. They have basically made the same recommendations to the Minister, with the notable exception of a common election day for Manitoba First Nations. The APC does not want a common election day and has made this point clear to the Minister. Together, we have agreed to present and collect feedback on our recommendations across the country.
Q3: Will this affect First Nations who hold their elections under their own community election system?
A3: We have not recommended that a new First Nation Elections Act be in any way designed to affect First Nations that hold their elections under their own community codes.
Q4: Will this new legislation be optional or mandatory
A4: We have recommended that this new legislation be optional. Each First Nation can determine if the proposed new framework for elections is workable in their community.
Q5: What can be expected to happen over the next couple of months?
A5: We will be talking with leaders in other parts of the country seeking support and feedback on the recommendations we have made for new election legislation. All the comments and suggestions will be gathered and reported back to the Minister. This will inform the development of a new piece of legislation.
Speaking Notes
Chief Morley Googoo, APCFNC Co-Chair NS
Chief Candice Paul, APCFNC Co-Chair NB
