Appendix A: Recommendations Re Regulations
 

Recommendation 1

That a moratorium be placed on all band elections between now and November 20, 2000.

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

That ordinary principles of fairness apply to these regulations.

Recommendation 4

That the drafting process include representatives of the Congress of Aboriginal Peoples and the Native Womenís Association of Canada.

Recommendation 5

That a study of options for long-distance voting procedures be funded by DIAND, during the drafting process, for completion no later than August 31, 2000.  The intent of the study is to explore various options to facilitate non-resident band member voting through a number of reasonable, inexpensive methods, including mail-in, electronic mail, internet, etc.  Further, that consultation with agencies, governments, municipalities and North American Aboriginal communities that have dealt with long-distance elections, occur as a part of this study.  Examples are the Canadian Armed Forces, Elections Canada, unions, corporations and political parties.

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;

That anyone who violates election procedures face penalties.  Examples may include: criminal charges, the invalidation of the election, being prohibited from running again and PERSONAL fines.

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.

Recommendation 8

That the Congress of Aboriginal Peoples and the Native Womenís Association of Canada participate fully in all Phase II consultations and that their consultation activities be fully and equitably financed by the Department of Indian Affairs and Northern Development.

Recommendation 9

That, in addition to the drafting of new regulations,  Phase II activities include the identification and implementation of necessary changes to existing legislation and governance structures, in recognition of the accountability issues that currently exist and the necessity to fully explore and address the full implications of the Corbière decision.

It is imperative that Phase II consultations extend beyond the November 20, 2000, expiration of the suspension of voting rights.

Recommendation 10

That Phase II consultations activities examine the options for abolishing the Indian Act and replacing it with an Aboriginal Peoples Act which recognizes all Aboriginal peoples and which respects their rights and human dignity as peoples.

Recommendation 11