Corbiere Compliance

Stage 2

In April, 2001, Stage II was launched as the “Communities First: First Nations Governance Initiative”. This consultation process was intended to lead to legislative change on an “integrated and sustainable electoral reform consistent with the Charter”.

The Congress of Aboriginal Peoples, through its member organizations, conducted its own consultations. The legislation proposed by the federal government intended to address three main subjects:

Indian Act elections
the legal status of First Nations governments
accountability of First Nations governments.

During the Stage II consultations, CAP’s regional affiliate organizations conducted information sessions. CAP’s participation in the Stage II consultations was undertaken with the recognition that the government’s process had limitations. Specifically, the exclusion of citizenship issues and the limited scope of the consultations were regarded as a “piece-meal” approach to governance and insufficient to bring about the type of substantial change required.

Beyond the community based consultation process, CAP was provided with a further opportunity to participate in the Joint Ministerial Advisory Committee (JMAC), which was constituted to “assist in developing policy proposals for the development of draft legislation.” JMAC’s direction to the government included the following recommendations for the drafting of a bill:

Include a Preamble and a statement of purpose to guide the interpretation and implementation of the Act;
Include a non-derogation clause;
Address the legal status and capacity of bands;
Provide statutory or default regimes in respect of leadership selection, governance structures and procedures, and financial accountability to apply to every band that does not choose to design its own regime;
Enable the Governor-in-Council to enact regulations that will provide the details of the default regimes, following an appropriate consultation process;
Enable bands to design their own regimes in respect of leadership selection, governance structures and procedures, and financial accountability, provided that certain essential elements are addressed, while leaving to each band the particular way in which those elements are addressed;
Eliminate or reduce the current roles of the Minister and Governor-in-Council in band governance;
Establish an independent institution to assist bands with governance, particularly during the transitional period between enactment of the legislation and the coming into force of the default or band designed regimes, and to replace some of the current functions of the Minister and Governor-in-Council;
Bind the Crown.

CAP - Corbiere Compliance - Stage 2