Corbiere Compliance

Introduction
On May 20, 1999 the Supreme Court of Canada ruled on the case of John Corbière et al v. The Batchewana Indian Band in Northwestern Ontario and Her Majesty the Queen (Canada). At issue was the constitutional validity of the words ”and is ordinarily resident on the reserve” in Section 77(1) of the Indian Act, which had the effect of prohibiting non-resident Band Members from voting in Band Council elections held under the Indian Act. The Supreme Court declared that the 7 words in Section 77(1) were unconstitutional, because they discriminated against the equality rights of non-resident band members by preventing them from voting. The Supreme Court suspended the implementation of this decision for a period of 18 months, to give the government time to consult with both with on-reserve and off-reserve Indian band members, and to develop a new electoral system.

In December, 1999, and in accordance with the Supreme Court’s direction that there be consultation on the matter, the Department of Indian Affairs and Northern Development (DIAND) announced a two-stage consultation process.

Introduction

Stage I

Stage II

The Legislative Stage

Corbiere: The Unfinished Business

Post Corbiere Study

Band Council Elections

Meetings in Your Community

CAP - Corbiere Compliance

Corbiere Compliance