CAP Policy: Corbiere

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Post Corbiere Study

Election codes that are adopted as an alternative to Section 74 of the Indian Act provide the foundation for the exercise of democracy for more than half of the Band Councils in Canada.    Many of these alternative election processes – often referred to as “custom” election processes – predate the Corbiere decision.   

The Department of Indian Affairs and Northern Development revised the policy that governed alternative election processes concurrent with the amendments to the Indian Act regulations that governed Indian Act elections.  However, there is very little information available regarding whether or not pre-existing custom election codes comply with the findings of the Corbiere decision.

Commencing in September, 2007, the Congress of Aboriginal Peoples studied the issue of whether existing “custom” electoral codes reflect the principles contained within the Canadian Charter of Rights and Freedoms (including the findings in the Corbiere decision), the Canadian Human Rights Act (in anticipation of the repeal of Section 67), and federal legislation governing the management of private information collected to conduct custom elections.

Our project included the following activities:

1. Assessment of  custom  election codes to determine best practices and/or areas of concern.   CAP will review codes that were provided by Indian and Northern Affairs at the commencement of the project.  Codes have been “anonymized” to prevent identification of specific bands.

2. Providing information sessions to off-reserve Aboriginal people on the Corbiere decision, the Charter of Rights and Freedoms, the Canadian Human Rights Act, and federal privacy legislation as it relates to the conduct of custom elections;

3. Documenting and reporting on off-reserve people’s concerns and issues with custom code election practices.

Thirteen information sessions were held across the country during the fall and winter of 2007. This report is available here.

Post Corbiere Report: "Justice Is Equality"