Vol. 134, No. 23 — November 8, 2000

Registration
SOR/2000-398 25 October, 2000

INDIAN ACT

Order Amending the Indian Bands Council Elections Order (Nation Huronne-Wendat)

Whereas, by Order in Council P.C. 1951-6016 of November 12, 1951, it was declared that the council of the Nation Huronne-Wendat band, in the Province of Quebec, should be selected by elections to be held in accordance with the Indian Act;

Whereas the Nation Huronne-Wendat band has developed its own election code and a community election system for selecting a chief and councillors;

Whereas conversion to a local community electoral system would better serve the needs of that band;

And whereas the Minister of Indian Affairs and Northern Development no longer deems it advisable for the good government of the Nation Huronne-Wendat band that elections of the council of that band should be held in accordance with the Indian Act;

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act, hereby makes the annexed Order Amending the Indian Bands Council Elections Order (Nation Huronne-Wendat).

Ottawa, October 25, 2000

ROBERT D. NAULT
Minister of Indian Affairs
and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER (NATION HURONNE-WENDAT)

AMENDMENT

1. Item 5 of Part VI of Schedule I to the Indian Bands Council Elections Order (see footnote 1) is repealed.

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The Order revokes the application of the election provisions of the Indian Act and the Indian Bands Council Elections Order of March 4, 1997 for the Nation Huronne-Wendat Band (Qc). The 1997 Order lists all the bands which are subject to Indian Act elections. The Order acknowledges the taking into effect of the Code de représentation de la Première Nation Huronne-Wendat — Code électoral (Code), that was voted upon by referendum on May 26, 2000 by all eligible voters, namely the on and off-reserve members. Thereafter, the Nation Huronne-Wendat Band administers its leadership selection process according to the custom code accepted by their membership.

The Conversion to Community Election System Policy was followed by the Band.

Canada committed to strengthen aboriginal governance in its Gathering Strength: Canada's Aboriginal Action Plan's initiative. As a result, the Quebec regional office provided some assistance to the First Nation in explaining the Conversion to Community Election System Policy along with sharing the expertise of university students in elaborating the election Code.

The Healing Foundation created upon the announcement of Gathering Strength provided funding to the First Nation for drafting the Code as the project was renewing the political and social grounds that once governed the First Nation, namely, the clan leadership system and was considered a pilot project. Revoking the application of sections 74 to 79 of the Indian Act for this band is a practical step from Canada to recognize its commitment.

Alternatives

In the absence of the withdrawal of the Nation Huronne-Wendat from Schedule I, Part VI of the Order, the band could not hold their upcoming general election according to the Code voted by the whole membership.

Benefits and Costs

Amendment of the Indian Bands Elections Order ensures that the band can operate its leadership selection process according to its own values and mechanisms which will also accommodate its off-reserve members.

The leadership process, namely the candidate nomination process and the voting process, was drafted to be Charter compliant based on the Corbiere's decidendi.

There is no cost consequence to revoke the Band from the Indian Bands Elections Order. The First Nation assumes its own implementation costs as the department does not normally provide funding for leadership selection processes.

Consultation

The Code is the result of an initiative proposed by the Band. Over half of the membership from both on and off-reserve members participated to the development of the principles of the Code, and/or attended Family Circle meetings held for consultation purposes and brainstorming. Surveys were also used. The community has proposed a Family Circle related Code with the creation of the Wiseman Circle which is composed of one member per Family Circle.

On May 26, 2000, the membership were required to vote on the proposed Code. The majority of the majority of the members ratified the proposed Code which was forwarded to the department for recognition.

Compliance and Enforcement

Failing to register the Order, the First Nation cannot validly elect its leader according to the Code voted upon by the membership on May 26, 2000. A new election could be called to allow the process to be recognized accordingly.

On the other hand, failing to do so may result in a filing of a judicial review to the Federal Court by any interested party.

The Code contains compliance and enforcement provisions mostly managed by either the Election Officer or the Wiseman Circle. The Code also contain appeal provision and preferential vote operatus.

Contact

Randall Hanes
Manager, Elections Unit (operations)
Department of Indian Affairs and Northern Development
10 Wellington Street, Room 1834
Hull, Quebec
K1A 0H4
Tel.: (819) 997-8237
E-mail: hanesr@inac.gc.ca

Footnote 1

SOR/97-138

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