Discussing the off-reserve right to vote

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On May 20, 1999, the Supreme Court of Canada rendered a unanimous decision confirming the right of off reserve Indian band members to vote for chief and council. The Supreme Court suspended the implementation of this declaration for a period of 18 months. At this time the court gave all First Nations time to adjust to their new election rules and regulations and the government time to carry out extensive consultations with both on and off reserve band members.

"On Nov. 20, the 18 months will have expired with respect to the clause which is 77 (1) of the Indian Act," said Dwight Dorey, senior policy advisor of the Congress of Aboriginal Peoples, which has organized the Corbiere Commission. "The act refers to the voting as in who is entitled to vote. These seven words say only band members who live on the reserve will be allowed to vote. Those seven words are going to be struck out," he said.

"We are in a process of getting people's opinions about the amendment on the Indian band electoral regulations which will determine how people vote, who is entitled to vote. These issues have to be clarified. People want to know how they should be notified when an election is taking place on a reserve, how off reserve members should receive notice of referenda. These are the different issues that need to be clarified. That is the reason that we are meeting with people all across the country," said Dorey. "We are trying to get their view on these matters. That is why Indian Affairs decided to go with this consultation so that people could give us an idea of what they want," he said.

The commission is getting mixed responses and a number of important questions are arising, like: What happens if a band member lives in the city and wants to run for chief or council on the reserve? Would the elected members have to move back to the reserve or would they be able to commute back to the reserve whenever they were needed there?

There are two phases for the consultations. The first phase will be completed by the end of May. A report will be submitted to the government. The findings will decide whether band members should be restricted to voting on certain matters. In the second phase of the consultations, which is scheduled to begin by September, the commission will be looking at all sections of the Indian Act that may be impacted by this decision.

"On most reserves under the current regulations, Aboriginal people who live off of the reserve are not entitled to vote. For example a particular band might have more than 50 per cent of its members living off of the reserve. People are asking 'Well, if that is the situation then why should the councillors reside on the reserve? Why shouldn't the people who live off of the reserve have a councillor representing them in the city. These are the kinds of questions that are coming out at this point and we are looking for any clear direction and recommendations from band members. These are the types of issues we will be getting into in the second phase of this consultation," he said.

Dorey says that a lot of people tell the Corbiere Commission that they are not living in the city by choice, that there is no work on the reserve and they have no other alternative, that they would prefer to live on their reserves if there was work there.

"Some of the bands in Canada have allowed their off reserve members to vote for chief and council. They've been under the custom regulations of the act, so off reserve members had a right to vote in band council elections," said Dorey. "Why isn't it the same on all reserves? It boils down to the off reserves saying that they do not want to be discriminated against anymore. It should be the same for everyone. Which is what the Supreme Court said in this decision," he said.

"Some of the people were saying that it was bad enough for them to be forced to move away from the reserve because of work or housing situations. They feel that they should have some sense o belonging to their reserves, that they should have a say in the band's major decisions," said Dorey. "A majority of people who live away from the reserve are saying this decision is good. It is bringing them closer to their home communities. They are now able to participate in major decisions concerning their bands. One of the things that I tell people when I open the discussion on this issue is that on Nov. 20, people off reserves all across the country will have a right to participate in elections and referendums," he said.

The Corbiere case that originated in Sault St. Marie, Ont. involved the Batchewana Band. However the Supreme Court of Canada indicated that the Corbiere decision will be effective all across Canada. The issue looked at the words "and is ordinarily resident on the reserve" in section 77(1) of the Indian Act, which had the effect of prohibiting non-resident band members from voting in band council elections held under the Indian Act.

On April 18, the meeting held at the Canadian Native Friendship Centre in Edmonton was scheduled to run from 9 a.m. until 4 p.m. but ended at 11 a.m. with only six people in attendance.

So why aren't people showing up to the meetings?

"We've attempted to provide an opportunity for the people to be heard and to get some dialogue on this issue. Hopefully after these consultations people are not going to say that they were not consulted. At some of the meetings there was a good turnout where we've had day-long discussions," said Dorey. "We've been to several communities all across Canada and it varies. Part of the problem is just getting the information out to the public. Sometimes we end up with a few people showing up. It sometimes depends on what day the meetings are scheduled on. For some people weekdays are not good. For others weekends are better. Nevertheless it is something that has to be done," he said.