When do residents living off-reserve get to vote in band elections?
As the decision stands, all band members have been able to vote in band elections held on or after November 20, 2000. 
(Note: Chapleau Cree members previously had the right to vote in Band elections)

Does the Supreme Court's ruling mean that as an off-reserve band member, I will get access to programs and services on-reserve?
The Supreme Court's ruling deals specifically with the voting rights of off-reserve band members. In Corbiere, the Court did not directly rule on off-reserve access to program delivery. It is anticipated that these issues will be addressed in PhaseII or PhaseIII, should these "Funding Phases" be approved by INAC.

I have obtained status under Bill C-31, live off-reserve and have membership in my band. How does this ruling affect me?
If your First Nation conducts its elections pursuant to the electoral provisions of the Indian Act, you are able to vote in band council elections after November 20, 2000 or until a legislative amendment is made, which ever occurs first.  If your First Nation conducts its elections according to a custom code, the full implications of the ruling have yet to be determined.

Does this decision apply to bands with custom codes?
Except for bands which have negotiated self-government agreements, all bands operate under the Indian Act. A number of bands with custom codes include all members, whether living on or off-reserve, in band elections. Although there is always a chance that custom codes which include members who reside off-reserve may be challenged, the issues would likely not involve the code itself, but incidental issues such as access to programs, services or housing. Bands whose codes exclude members living off-reserve, may find their codes open to challenge on the same basis as Corbiere.

Section 25 of the Charter of Rights and Freedoms says that the Charter cannot abrogate or degorate from Aboriginal, Treaty or other rights that pertain to Aboriginal people. Wouldn't Custom Codes be exempt from the decision on this basis?
There has been some speculation that custom codes may be exempt from the decision. This can really only be determined on a case by case basis, and such an election code may still be subject to a legal challenge.
A member who has been excluded could challenge the Order in Council and custom code.

What is affected by the Corbiere Decision?
Band elections held after November 2000
As well, involvement of off-reserve members in certain kinds of decisions starts immediately. For Example:

• Decision making on trust funds.
• Referanda regarding surrenders and leases of reserve land.
• Ratification of specific claims and self-government agreements.
• Conversion to INAC's Community Election System policy.

It may affect:

• Current or new applications under the Conversion to Community Elections Policy of Indian Affairs and Northern Development (INAC).
• Management of band trust funds.
• Management of reserve lands and resources.
• Custom election codes.

Source: 
Department of Indian Affairs and Northern Development; 
Aboriginal peoples; news releases; elections; Indian Act; regulations; Corbiere decision

The Indian Act voting regulations were amended to comply with the Supreme Court of Canada decision in the case of John Corbiere et al. v. the Batchewana Indian Band and Her Majesty the Queen. The Court ruled that the words, found in section 77 (1) of the Indian Act, "and is ordinarily resident on the reserve," violated the Charter rights of off-reserve members of First Nations that hold their elections under the Indian Act. This decision, known as the Corbiere decision, and resulting amendments to the voting regulations, provide for First Nations holding elections or referendums under the Indian Act to permit members, living off reserve, to vote.

The Supreme Court provided 18 months for Canada to consult with First Nations and implement the decision. This time period expires on November 20, 2000.

On December 9, 1999, Minister of Indian Affairs and Northern Development, Robert Nault announced a two-stage consultation approach with Aboriginal organizations. 

Stage I:

During this first stage, Aboriginal organizations and their members had the opportunity to provide input on how to amend Indian Band Election Regulations and the Indian Referendum Regulations, as an initial measure, so that off-reserve Band members would be able to vote in band elections pursuant to section 77(1) and section 39 referenda as of November 20, 2000. Canada and First Nations technical representatives worked together to develop regulatory options to facilitate and focus discussions on voting regulations affecting elections for Chief and Council. Stage I consultation reports were received from national and regional Aboriginal organizations at the end of May 2000. They also included a variety of comments relevant to the future Stage Two consultations. 

As part of the Stage I consultations, Indian and Northern Affairs Canada (INAC) provided funding to each of the four national Aboriginal groups including the Assembly of First Nations (AFN), Native Women's Association of Canada (NWAC), National Association of Friendship Centres (NAFC) and the Congress of Aboriginal Peoples (CAP), to consult with their membership on a national level. INAC also provided funding to its regional offices to allow for regional input, including meetings and workshops with regional Aboriginal groups.

Amendments to Voting Regulations:

On September 2, 2000, the draft amendments to the regulations on the voting process in elections and referendums held under the Indian Act were pre-published in the Canada Gazette, Part I, and were therefore available for public review. Chiefs and Councils, First Nation and national Aboriginal organizations were invited to provide their input or comments. INAC met and reviewed the draft amended regulations with representatives of some of the national Aboriginal organizations who provided input on the draft regulations and proposed training, communications and advertising activities. The draft election and referendum regulations were provided to Chiefs and Councils with a cover letter inviting comments on the draft regulations. 

Based on input received, the regulations were then revised with the final set being effective October 20, 2000, and applying to votes held on or after November 20, 2000. The final versions of the amendments to the Indian Band Election Regulations and the Indian Referendum Regulations will be published in the Canada Gazette, Part II, by the end of October, 2000. The regulations come into force on October 20, 2000, and will apply to elections and referendums held on or after November 20, 2000. 

Accelerated Elections (Before January 8, 2001)

An estimated 36 First Nations will be holding Indian Act elections for Chief and Council between November 20, 2000 and January 7, 2001 inclusively. Transitional election provisions in the Regulations set out shorter time periods for these elections. For those First Nations holding an election during this time, special provisions apply, requiring members to be registered prior to 30 days before the election date. If you are a member of a First Nation holding an accelerated election and you wish to participate, it is important for you to register as soon as possible. The voters list must be provided to the electoral officer at least 30 days before the date of the election. Mail-in ballots will be sent to registered off-reserve voters by the Electoral Officer 21 days before the date of an election.

A nomination meeting for Chief and Councillors must be held at least 23 days before the date of the election. Because of the shortened election period, the electoral officer will make arrangements to accept nominations in person or by phone. An information notice of the nomination meeting will be posted in at least one place on the reserve and published in the local paper 7 days before the nomination meeting.

Regular Elections (After January 7, 2001)

The following deadlines apply to elections held on or after January 8, 2001:

• Voters must register at least 79 days prior to the election date; 
• The voters list must be provided to the Electoral Officer 79 days before election; 
• Mail-in ballots will be sent to registered off-reserve voters 35 days before election day; 
• Nomination meeting for Chief and Council will be held 42 days before election date, and; 
• A notice of the nomination meeting will be posted in the local paper 30 days before the nomination meeting. 

More than 300 First Nations hold elections according to custom election codes, following the traditions of the individual First Nation community. Many of these custom election codes already allow off-reserve members to vote in Band elections and on certain key decisions involving lands and money. Although the Corbiere decision does not specifically address bands who hold elections under custom processes, custom bands have been advised to seek legal advice as to whether their election codes will be Charter compliant after November 20, 2000. 

Training

INAC will provide assistance and training to First Nations to assist with the implementation of the amended voting regulations and enable a smooth transition. The electoral officers' training materials were completed and training sessions for First Nations began in early September. The first training session was conducted in Winnipeg on September 18-21, 2000 with about 20 First Nations, who anticipate conducting their elections soon, in attendance. Further training sessions are scheduled over the next three months.

Stage II:

Stage Two consultations with First Nations and Aboriginal organizations will take place on integrated and sustainable electoral reform to establish a system that is both consistent with the Canadian Charter of Rights and Freedoms, and respects the interests of all Band members, whether they live on or off the reserve. Stage Two consultations are planned for early 2001 and will also require consideration of work that has already begun including: the wide range of comments received on Stage Two in the Stage One consultations; the work being undertaken by the Assembly of First Nations and Indian and Northern Affairs Canada under the Joint Initiative on Lands and Trust Services; the review of the Canadian Human Rights Act; and, analysis of other sections of the Indian Act affected by decisions of the Supreme Court of Canada. 

INAC will work with First Nations organizations on the approach to Stage Two. Based on input received during the Stage One consultations, consideration will be given to broader discussions on Indian Act governance, accountability and authorities in the Stage Two consultation process. This two-stage approach in responding to the Corbiere decision is consistent with the partnership objectives set out in Gathering Strength - Canada's Aboriginal Action Plan.