Content of New Regulations

During the course of its consultations CAP received some excellent recommendations regarding the kinds of issues that must be addressed in any new election or referendum regulations. 

Of utmost importance is the recommendation that all voting in elections or referenda be done by secret ballot.  Participants in the consultations indicated that in many cases voting occurs by ìshow of handsî at a public meeting.  They said that this type of voting is no longer acceptable as it allows for intimidation and corruption.

Participants indicated that they are looking for an electoral system that makes it as easy and as convenient as possible for non-resident band members to vote. This was very important to those (particularly women) not in the economic position to take time off work and travel great distances in order to exercise their right to vote.  Participants indicated that they need a lot more notice of elections and referenda than the current regulations require.  They said that the current 15 days of notice is completely insufficient and that a minimum of 30-90 days is required (the longer the better).  They further stated that notice must be communicated to them in writing. 

It was recommended that provision be made for proxy voting and for voting at locations off-reserve.  Polling stations could be established at Friendship Centers or other locations accessible to off-reserve Aboriginal people, and which are open in the evenings as well as during the day.  Systems could also be established to enable voting by telephone or mail. 

In a similar vein it was also recommended that the new system make special effort to ensure that the Elders be included in the decision making processes of the band by providing rolling or advance polls for Elders, and shut-ins and by accommodating the needs of voters who are blind and/or cannot speak or read English.

One particularly interesting recommendation is for the regulations to include the capacity for band  members to initiate a referendum through a petition.  Participants stated that the ability to initiate referendums would give band members a greater degree of influence with respect to band decision-making and would demand a higher level of accountability from the band council.

Participants also had recommendations regarding the nomination of electoral candidates.  As was previously noted, non resident band members want to be able to be nominated as electoral candidates.  They also want to have the capacity to nominate candidates and in this light recommended that nominations occur through a written process.  This would enable persons living a great distance from the reserve to nominate candidates for election.

With regard to voters lists, participants said that these lists must be publically posted and made available to all election candidates so that they will have the opportunity of keeping all voters fully informed on the issue, including non-resident voters.  During discussions about the challenge for band councils of maintaining up to date voters lists, it was agreed that the right to vote comes with the votersí responsibility to inform the band of any changes to addresses or telephone numbers.  With respect to locating off-reserve band members to establish an initial voters list, it was recommended that a variety of methods be employed, such as word of mouth, advertising in the Aboriginal press and on the Aboriginal Peoples Television Network.

Participants in the consultations had a fair amount to say about the role of the electoral officer.  They stated that electoral officers must be from an independent firm which is hired specifically to run the election. The electoral officer must have no relationship with, or interest in, the band other than in his or her designated role.  He or she must, however, allow candidates the opportunity to fully scrutinize the elections process.  In order to avoid perceptions of corruption or intimidation, members of the band council and staff of the band must not be involved in the mechanics of the election (i.e., handing out ballots).  Electoral officers must not be allowed to break a tie by casting a vote, nor must they be involved in explaining community issues to band members.  Interpretation must be provided to the electoral officers who do not speak the language of the people in the community. The electoral officer, with a witness, must continue to have the authority to assist people who are blind, paraplegic or who cannot read to cast their vote.

Other recommendations relate to fairness in the elections process.  There was call for an independent,  strong and prompt appeals process, which is supported by specific elections procedures and clear definitions of corrupt practices.  It was also recommend that anyone who violates election procedures face penalties.

Consultation participants also recommended that all election candidates be required to fully disclose information about current and past business activities, convictions of criminal offences and any outstanding criminal charges.  It is not intended that disclosure would disqualify a candidate.  The intent is merely to provide voters with all the information they need to make fully informed decisions.

In summary, participants said federal, provincial and municipal elections, use electoral systems which allow Canadians to exercise their right to vote through a process that is fair and democratic.  Any changes to the Indian Act must provide, at a minimum, the same democratic rights to all Aboriginal peoples as have been granted to other citizens of Canada.  Anything less can be construed as differential treatment.

CAP therefore makes the following recommendation:

Recommendation 6

That during the drafting process, as a minimum, provision be made for the following:

That all voting be done in secrecy;

That proxy voting be permitted;

That provision be made for voting at off-reserve locations, i.e., off-reserve polling stations, mail-in ballots, electronic voting, etc.

That a process be developed for band members to initiate referenda;

That a simplified process for written nominations be implemented;

That options be explored for the participation of non-resident band members in the nominations process, both as nominators and candidates;

That voters be responsible for providing updated information on residency;

That the list of names and addresses of all band members, including non-resident band members, be made available to all candidates to ensure that non-resident band members are fully informed on issues of concern;

That notice periods for elections and referenda be sufficient to accommodate the needs of non-resident band members;

That elders, and shut-ins be provided with access to advance polling or a rolling poll;

That provision be made to accommodate the needs of voters who cannot speak or read English and those who cannot see;

That an independent body be mandated to carry out the responsibilities of the electoral officer;

That the Electoral Officer must not be a candidate, cannot be nominated or accept a nomination in an election for which they are engaged;

That candidates be given the opportunity to fully scrutinize the elections process;

That an independent body be created for band members to appeal to in situations when a band council is perceived as not respecting the rights of non-resident band members to vote in band elections or referenda;

That ballots be kept until the time limits for the initiation of appeals have expired and/or until all avenues of appeal have been exhausted;

That possible instances of corruption be clearly defined with a non-exhaustive list of examples provided;

That anyone who perceives corruption or irregularities in the election process have access to a swift appeal process (i.e., 90 days);

That candidates be required to provide the band members with full disclosure prior to the election. Disclosure must include, but is not limited to, current and past business activities, convictions of criminal offences and any outstanding criminal charges;