Congress of Aboriginal Peoples


	CAP Corbiére Commission Report - Custom Elections

Table Of Contents
Introduction	Issues Raised	Need For A Moratorium	Need For Regulations
Drafting Process	Content Of Regulations	Custom Elections	Issues for Phase II
Appendix A			Appendix B

Custom Elections Processes

Consultation participants across the country raised a number of concerns about custom election processes. The first concern relates to the definition of what is a custom in a particular area. Who decides what is a custom? The current band electors, comprised of on-reserve band members? The members of the Aboriginal community as a whole, including the on-and off-reserve band members and the non-status descendants of current and former band members? The minister of Indian Affair? Another question raised was what criteria is used to determine if something is a custom? Does custom mean doing things they way they have always been done? If yes, how long is always? 10 or 20 years, or several hundred years, or several thousand? Or, conversely, does custom incorperating cultural traditions and values into

The second concern related to the situation of bands using custom election processes as a means of circumventing the Supreme Courtís decision. There are a number of bands that have custom election processes which exclude their non-resident band members from voting. The Supreme Courtís decision does not focus on this specific situation, therefore it is not absolutely clear that the action is unconstitutional, however it is certainly subject to a court challenge. Bands with custom election processes that exclude non-residents would be wise to voluntarily revise their processes in accordance with the courtís decision, and avoid the cost and inconvenience of a legal action.

DIAND also has responsibility in this regard. Section 74.(1) of the Indian Act provides the Minister with the authority to require a band to hold its elections in accordance with the provisions of the Act. Given the implications of the courtís decision - that it is unacceptable for the Minister to perpetrate discrimination based on residence - the Minister is therefore legally obligated to ensure that bands do not discriminate against non-resident band members through their customary elections procedures.

CAP therefore recommends:

Recommendation 7

That the Minister of DIAND use his legal authority under section 74(1) of the Indian Act to require bands to either hold elections in accordance the Act, or to revise, by November 20, 2000, their custom election procedures to include their non-resident band members.

Table Of Contents
Introduction	Issues Raised	Need For A Moratorium	Need For Regulations
Drafting Process	Content Of Regulations	Custom Elections	Issues for Phase II
Appendix A			Appendix B