Need for Regulations to Guide Band Elections etc.

Those who participated in the consultations believe that the Corbière decision will lead to sweeping amendments to, or the elimination of, the Indian Act.  It was clearly stated that revising the regulations is really just tinkering with, and trying to improve, a system that should never have been created in the first place.  CAP also believes that sweeping amendments to, or the elimination of, the Indian Act, is required.  CAP recognizes however, that the negotiation of such important change takes time and requires good will on the part of government.

In its decision, the Supreme Court clearly directed the federal government to implement a new electoral system and indicated that difficulty and costs are not acceptable excuses.  The government has responded to this direction in a very narrow light by focusing, in Stage I consultations, on the regulations governing band elections and referenda. From its perspective, the government is responsible for ensuring that bands can have legal, fair elections by November 20, 2000.  It does not want to see band elections being declared invalid and/or challenged in court. 

CAP believes that the establishment of new regulations, based on ordinary principles of fairness, are crucial to ensuring that non-resident band members are able to exercise their voting rights in a consistent and orderly fashion.  The court stated clearly in its decision that off-reserve band members must have ì...meaningful and effective participation in the voting regime of the band.î  A right to vote however, means nothing if individuals donít know the ìwho, what, where, and whenî concerning their band election or referendum.  The right to vote is not meaningful or effective for someone who lives 2000, or even 200 kilometers from the reserve, if the notice of the election is so short that they donít have time to make arrangements to vote, or if theyíre not informed of the vote.

During the course of the hearings it was suggested by a lawyer that the regulations are fine the way they are, that there is nothing in them that is unconstitutional a position that CAP does not agree with because the regulations provide a mechanism for carrying out an unconstitutional elections process.  It is true that elections can legally occur without new regulations, provided the voting rights of non-resident band members are respected.  The current regulations however,  were established to support electoral and referendum systems that have a defined set of electors who reside on reserve.  It does not provide for, or even  accommodate situations in which notice must be given to people living large distances from the reserve, or for electronic or other voting options.  It is therefore essential to have new regulations in place by November 20, 2000, to address these types of issues, and to simplify the elections process for many bands by providing a clearly defined elections procedures for them to follow.

It is important to note CAP'ss position that work must begin immediately on the drafting of new regulations for elections and referenda, and that the work must occur in a timely manner, with completion prior to November 20, 2000.  Under no circumstances whatsoever should the need to draft new regulations be used as an excuse for requesting a further suspension of the implementation of the courtís decision.

CAP therefore makes the following recommendations:

Recommendation 2

That a new set of regulations relating to Indian band elections and referenda be drafted, commencing May 31, 2000, to take effect November 20, 2000.
 

Recommendation 3