Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs will not support Canada’s proposed First Nations elections legislation as it stands
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Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs (AMC) |
OTTAWA, ON - Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs (AMC) will not support Canada’s approach to reform elections for Chiefs and Councillors that are held under the Indian Act as announced today by Minister Duncan, Aboriginal Affairs and Northern Development (AAND) in Ottawa.
The reforms do not adequately reflect the position of the AMC as the proposed legislation will give the Minister greater discretion to intervene in custom elections. The reforms further fracture the already disconnected election process as we will have First Nations holding elections pursuant to the Indian Act, those that follow their custom code and those that will establish their elections pursuant to the new “optional” legislation.
In January of 2009, the AMC endorsed the concept of a common election day and standard term of office for the thirty-seven (37) First Nations in Manitoba that elect their Chiefs and Councillors under the Indian Act. Subsequently, the AMC facilitated a national dialogue with the Atlantic Policy Congress of First Nations. The AMC tabled a final report to Canada which contained the various recommendations that were collected from across the county.
After reviewing the proposal as tabled by Canada, the AMC is disappointed that the proposed changes give the Minister the power to force a First Nation to comply with the new law if the Minster believes the Band custom process has caused a complete governance breakdown that is threatening the overall well being of the community. This is a marked increase in ministerial power that will affect all First Nations in Manitoba – not just those holding elections under the Indian Act.
Grand Chief Nepinak stated: “I am pleased that Canada has shown a willingness to work with First Nations in Manitoba to change the electoral process under the Indian Act. The proposed 4-year term and common election day as recommended by our First Nations leadership could have some advantages for First Nations across Canada. I am, however, disappointed that Canada has not followed our recommendations in that First Nations can be forced to ‘opt in’ under this legislation by the Minister through his discretionary power. We have no idea how the Minister will determine how and when First Nations with custom election codes can be forced to follow this legislation”.
Canada also proposes to undemocratically “award” Councillor positions to candidates who live off and on reserve thereby ignoring the number of votes a candidate has received. There is no allowance for First Nations to develop their own procedural mechanisms related to electoral appeal as the reforms relegate any such appeal to the court process. Further, the proposed legislation does not provide for a by-election in the event of a tie instead proposing instead that resolution occur with the toss of a coin or the pulling of names out of a hat.
Grand Chief stated: “This proposal does not fulfill the recommendations put forth by the AMC. It appears to be an attempt by the Minister to expand governmental jurisdiction and control the First Nations electoral processes that are created pursuant to the Indian Act or custom code. I am hopeful that Canada will engage in meaningful consultation with First Nations in Manitoba in order to fix some of the problems, instead of unilaterally imposing a statutory framework that will greatly affect the rights of First Nations.” | 
