Firekeepers of the Twenty-First Century by Cora Voyageur

Author:Cora Voyageur
Language: eng
Format: epub
Tags: SOC021000
Publisher: McGill-Queen's University Press
Published: 2008-11-17T00:00:00+00:00

TYPES OF ELECTION

As noted in the previous chapter, there are two ways to elect a chief and council under the Indian Act: through Indian Act elections and customary elections. By the first method, as stipulated in the Indian Act, most bands hold elections by secret ballot every two years. A voter must be a band member and at least eighteen years old to be eligible to vote for chief or council. As Indian Act elections now stand, it is not necessary for the chief to be a band member or to live on the reserve. Theoretically, a non-band member and a non-reserve resident could be elected as chief of a reserve. In some cases, a member of another band could run for chief or council. Additionally, a non-Aboriginal person married to a band member could also be elected chief. However, elections for council are different. Non-band members or non-reserve residents are not allowed, under the Indian Act, to vote for council members.

A person must be a band member to run for council; the candidate must be nominated, and the nomination must be seconded by band members. The notice of election must be posted by the electoral officer at least six days before the nomination meeting and twelve days before the election. The electoral officer must prepare and post a voters’ list. The election is conducted between 9:00 AM to 6:00 PM. A candidate or an elector can appeal the results of the election to Indian Affairs within thirty days. A person can be removed from office by Indian Affairs upon conviction of an indictable offence, or they might resign (Imai 1999).

Customary elections are recognized by the Indian Act but are not defined by it. A chief can be elected or hereditary. When drafted, the customary election allows the band members and the band leadership to tailor the band election to their own needs, and they can incorporate some of their own values into the process.

In this voting situation, the band itself has control over many aspects of the election. For example, the community decides who may vote, how the voting will be carried out, and when the elections will be held (ibid.). The tenure of a chief and council elected by customary election can be up to five years.

The Athabasca Chipewyan First Nation follows the customary election regulations that were established in 1983 and amended and adopted by the band membership on 16 September 1999. Our chief and council have a four-year term, and the band elections are held during the last week of October. The following is a brief synopsis of the Athabasca Chipewyan First Nation customary election regulations and the election process.

The chief electoral officer is appointed by a band council resolution at least twenty-one days before the nomination meeting. The chief electoral officer cannot be a member of the Athabasca Chipewyan First Nation, a permanent employee of the band or any other First Nation in the region, or of the Athabasca Tribal Council (Athabasca Chipewyan First Nation 1999).

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