** Click on your browser's BACK button to return to previous page ** or.. Click here to return to Home Page...

The Independent Forum

This page is presented to our off-site members, local members and our neighbours
as an independent, information source and forum for CCFN member discussion.
Drop us a line or two with your questions and comments. - Lark

Updated: May 25, 2001.
You can enter the Forum here!(and post comments and questions..)

Re: our Elections: Chapleau Cree has its own 'Band Customs' for elections. We DO NOT fall under the Election Process as defined in the Indian Band Election Regulations - C.R.C., c. 952. (See below, on this page.)

However, CCFN members do have the right to vote, both on-reserve and off-reserve members.

MY PERSONAL OPINION: Our own election process is weak, and fraught with procedural faults. This is not unlike many other smaller first nations and bands. It is one of the reasons communities like ours have turmoil and confusion and discension. Individual First Nation Election Procedures across Indian Country MUST be reviewed and where necessary, be changed to reduce the community conflict caused by inadequate process.
Lark Ritchie
The notes below, and the link to the Indian Band Election Regulations (C.R.C., c. 952) do not apply to Chapleau Cree. We have our own regulations. CCFN's process, although weak, does allow for off reserve members to vote.

THE CORBIERE DECISION

EQUALITY RIGHTS

The Supreme Court of Canada declared that the right to vote in First Nation elections under section 74 is a right that First Nation members cannot be excluded from, on the basis of living off the reserve. Most significantly, the Court declared that "aboriginality-residence" was a new ground for discrimination under section 15 of the Canadian Charter of Rights and Freedoms. At the same time, it noted that decisions of a Council are sometimes of a local or community nature only while others involve the interests of all citizens.

NOTE: If you haven't seen it yet, here is... The INAC Newspaper Notice
(And you can read about the details and how it affects you here.. Corbiere Decision Background, With Questions and Answers)

· It is not yet clear what equality rights and the balancing of rights mean in many areas. This will prove to be of equal concern to all First Nations and could have potential liability for the Federal Government.

· The decision does not directly address the right to run for a seat on Council. It is possible that this will be subject to the same rules in the future. (Note: Non-residents could always be nominated and run for Chief.)

· "Aboriginality-residence" is a new ground for discrimination under the Charter; First Nations may want to obtain advice on what areas of responsibility and activity would fall under this criterion.

· Amendments may be required in regards to regulations and procedures, both at the First Nation level to find a way to respect equality rights and to balance rights for members residing on and off reserve.

· First Nations should review all policies, by-laws, and codes (custom election and membership) and prepare to amend these to comply with Corbiere. They should also assess liability issues in this regard.

Click Here for Regulations Governing Indian Band Elections - Note the scheduling timeframes
This is the link to "Indian Band Election Regulations (C.R.C., c. 952".as referred in the Indian Act.)

NEWS From Home and Abroad

Send me an E-mail, and I will post your greetings, news and photos for other members below.
E-mail me by clicking here.
Sorry, no other news yet... check back again!