Corbiere Compliance

Stage I

Stage I of the consultation process focused on the affected regulations under the Indian Act - namely the Indian Band Election Regulations and the Indian Referendum Regulations. Of particular interest to DIAND during this stage were suggestions for amending those regulations so that an electoral system could be created which would meet the needs of band councils and band members residing both on and off-reserve.

DIAND provided funding to a number of Aboriginal organizations to enable them to consult directly with their constituents. CAP established the CAP Corbière Commission which held town hall type meetings or hearings at selected locations across the country.

The purpose of these meetings was to talk to as many off-reserve status Indians as possible about the effects of the Corbière decision. During the course of its commission hearings CAP asked people to consider and respond to four key policy questions.

They are:
- What are your reasons for wanting to vote in the elections and referenda of your band?
- What kinds of band decisions or issues do believe you should have the right to vote on?
- Are there any band decisions or issues for which you feel it is not important that you have the right to vote?
- What steps do you think your band should take to give you notice of upcoming elections or referenda?

In addition the Corbière Commission sought more specific input on the band election and referendum regulations. The following are some examples of the kinds of specific issues that CAP asked people to think about:

Whether registered Indian band members living off reserve can serve as chiefs and councillors of their bands.

How notices relating to referenda, elections and nomination meetings for elections should be posted or distributed to persons living both on- and off-reserve.

Whether or not polls should be held off- reserve, and the criteria to be used to determine their number and location.

Whether there should be traveling polls to obtain votes from members living in local nursing homes.

Corrupt election practices.

The publishing and posting of voters' lists on- and off- reserve.

Appeals - who is entitled to launch an appeal and what grounds should there be for launching an appeal and investigation of appeals.

The CAP Corbière Commission launched its hearings on March 31, 2000. Thereafter, the CAP Corbière Commission employed a variety of methods for conducting regional consultations including:

- meetings co-hosted with a regional affiliate;
- participation by Commission representatives in meetings organized independently by regional affiliates.
- meetings at the regional level hosted by the CAP Corbière Commission.
- a national meeting immediately prior to the CAP Annual General Assembly.
- inviting the submission of written positions papers.

Meeting size and style varied, depending on circumstance. In some instances there were large crowds of 150-200 participants and a conference format was used. There were also workshop type meetings with 30-40 participants. In addition there were focus group type meetings that enabled in-depth discussion of the issues and involved from 5-20 participants. In all, CAP estimates that approximately 450 people from across Canada participated in its Corbière Commission consultations.

As a result of these consultations, CAP produced a Corbiere Commission report, which included 11 recommendations (see Stage I).

On October, 2000, DIAND amended the Indian Act Regulations to put in place new election processes that addressed the Supreme Court’s immediate concern with the voting rights of off reserve band members.

Introduction

Stage I

Stage II

The Legislative Stage

Corbiere: The Unfinished Business

Post Corbiere Study

Band Council Elections

Meetings in Your Community

Post Corbiere Report: "Justice Is Equality"

CAP - Corbiere Compliance - Stage 1

Corbiere Compliance