Bill S-6 The First Nations Elections Act. Information for the BC First Nations Joint Gathering February 7 10, 2012

Transcription

1 Bill S-6 The First Nations Elections Act Information for the BC First Nations Joint Gathering February 7 10, 2012

2 Purpose of Legislation To provide a new, modern and transparent electoral regime for willing First Nations. To foster strong First Nations governments that have the stability necessary to establish solid business investments, practice longterm planning and build relationships that will increase economic development opportunities for their communities. 2

3 Background A strong election system that affords free and fair elections is one of the most important dimensions of good governance. The current election system for First Nations under the Indian Act has major weaknesses that: contribute to unstable First Nation governments through short two year terms of office and allow for abuse that undermines the legitimacy of the First Nation governments elected under it. Over the last three years, the Assembly of Manitoba Chiefs (AMC) and the Atlantic Policy Congress of First Nations Chiefs (APC) developed the policy foundation of the First Nations Elections Act (Bill S-6) to address these weaknesses in the Indian Act system. Introduced in the Senate on December 6, 2011, Bill S-6 is currently awaiting second reading debate, after which it could be referred for study to the Standing Senate Committee on Aboriginal Peoples. 3

4 Policy Development led by AMC & APC : The AMC held discussions with First Nations leaders, Tribal Council representatives and First Nations governance specialists in their province on moving to an election regime where Manitoba First Nations Councils could hold office for four years and hold their elections on a common day. Early 2010: The AMC also held discussions with most of First Nations in Manitoba who hold elections under the Indian Act to obtain comments and reactions from community members on electoral reform : The APC held discussions with First Nations leaders, Tribal Council representatives and First Nations governance specialists in the Atlantic provinces to obtain their views on how to reform the Indian Act election system. April 2010: Both organizations presented the results of their respective discussions to the Minister, requested the development of new and optional election legislation, and provided recommendations for its content. 4

5 First Nations Led Engagement At the request of the Minister, both organizations embarked on a national engagement initiative between October 2010 and March 2011 which involved: Making their recommendations for election reform available on their websites along with a mechanism for interested parties to provide comments. Corresponding with every Band Council holding their elections under the Indian Act, inviting them to examine the recommendations, share them with their community members and provide feedback. Presenting their recommendations to First Nations political and Tribal organizations in British Columbia, Alberta, Saskatchewan and Ontario. In British Columbia, Ron Evans, the former Grand Chief of the Assembly of Manitoba Chiefs, met with and delivered presentations to: - The Chief Negotiators of the First Nations Summit on January 21, The Nuuchah-nulth Tribal Council on January 25, The First Nations Summit on March 3, Union of BC Indian Chiefs on March 9,

6 Key Components of the Bill The recommendations provided by the AMC and the APC form basis of the bill: Optional framework where Band Councils request, by resolution, that the Minister add their names to the schedule of First Nations to which the proposed Act will apply. Terms of office of four years. The ability for a minimum of six First Nations to line up their terms of office and hold elections on the same day ( a common election day ). Removal of the role of the Department and the Minister in election appeals, with this role shifting to the courts, as in municipal, provincial and federal elections. Defined offences and penalties enabling charges to be laid and penalties to be imposed for fraudulent activity in connection with an election. Regulatory powers that will allow the mechanical aspects of the election, such as the nomination of candidates and the distribution of mail-in ballots, to be more robust and less open to abuse. A power to make regulations for the recall of elected officials at the midway point of their mandate. A framework under which a First Nation can opt-out of the legislation by developing its own community election code and submitting it to a community vote. 6

7 This Bill will Fix Chronic instability in Band Councils caused by a short two-year term of office. The paternalistic election appeal process involving the Department which affords decision making powers to the Minister and to the Governor in Council. The lack of rigour in the process to nominate candidates that invites frivolous nominations that make for excessively long slates of candidates (sometimes over 100). A system vulnerable to abuse and fraudulent activities because of the absence of defined offences and associated penalties to act as a deterrent. 7

8 Additional Information Bill S-6 is available on the Parliament of Canada website: &file=4 A backgrounder, frequently asked questions, and a comparison with the Indian Act election system are available on Aboriginal Affairs and Northern Development s website: 8

9 Conclusion First Nations leaders in Manitoba and Atlantic Canada have asked for new and optional election legislation that affords four year terms and offers an improved alternative to the Indian Act system. Most of their recommendations are found in the bill. Interest in this new legislative framework was also expressed by First Nations leaders and organizations in other parts of the country during the national engagement exercise and during consultations on the draft bill. It is expected that many First Nations will consider opting into this legislation, and groups of First Nations may choose the option of holding their elections on a common day. As part of a continuous collaborative effort, the regulations will be developed in further consultation with the First Nations organizations who have led this initiative from the beginning. 9