Vol. 144, No. 8 — April 14, 2010

Registration

SOR/2010-77 April 1, 2010

INDIAN ACT

Order Amending the Indian Bands Council Elections Order

Whereas the Minister of Indian Affairs and Northern Development deems it advisable for the good government of the Algonquins of Barrière Lake band to declare that the council of the band, consisting of a chief and councillors, shall be selected by elections to be held in accordance with the Indian Act (see footnote a);

Therefore, the Minister of Indian Affairs and Northern Development, pursuant to subsection 74(1) of the Indian Act (see footnote b), hereby makes the annexed Order Amending the Indian Bands Council Elections Order.

Gatineau, Quebec, April 1, 2010

CHUCK STRAHL
Minister of Indian Affairs
and Northern Development

ORDER AMENDING THE INDIAN BANDS COUNCIL ELECTIONS ORDER

AMENDMENTS

1. Section 1 of the Indian Bands Council Elections Order (see footnote 1) is replaced by the following:

1. (1) Subject to subsection (2), the council of a band set out in Schedule I, II or III shall be selected, after March 4, 1997, by elections to be held in accordance with the Indian Act.

(2) The council of a band that is added to Schedule I, II or III after March 31, 2010 shall be selected, after the date of coming into force of the amendment adding that band to that Schedule, by elections to be held in accordance with the Indian Act.

2. Part VI of Schedule I to the Order is amended by adding the following before item 2:

Item	Band
1.	Algonquins of Barrière Lake

COMING INTO FORCE

3. This Order comes into force on April 1, 2010.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issue and objectives

The members of the Algonquins of Barrière Lake First Nation have always selected their leaders based on the First Nation’s own custom leadership selection process rather than the election provisions of the Indian Act. For nearly 15 years, the First Nation has been embroiled in governance disputes hampering the socio-economic development of the community and affecting the well-being of its members and residents.

Throughout the governance debates, Indian and Northern Affairs Canada (INAC) has expressed, on various occasions, its wish to see the matter resolved internally by the community. Several leadership selection processes, in one form or another, have taken place, all of which have been disputed by opposing factions in the community. In July 2006, in the face of huge deficits and threat to programs and services, INAC appointed a third-party manager mandated to ensure the management of the funding provided to the First Nation for the provision of essential programs and services to the members and residents of the community.

Disputes arising from the First Nation’s leadership selection rules, which allow for vastly different interpretations, have hampered the identification of legitimate leadership in the First Nation. This, in turn, has impeded progress in addressing the community’s needs, such as promoting educational development, strengthening governance capacity, carrying out infrastructure projects and improving health and safety programs.

The Order Amending the Indian Bands Council Elections Order and the election that will ensue will bring clarity and certainty as to the leadership of the Algonquins of Barrière Lake First Nation for a period of two years.

Description and rationale

Subsection 74(1) of the Indian Act provides the power to the Minister, when he deems it advisable for the good government of a band, to order that elections be held in accordance with the Indian Act. In this case, the Order Amending the Indian Bands Council Elections Order, made pursuant to subsection 74(1) of the Indian Act, purports to bring the Algonquins of Barrière Lake First Nation under the election provisions of the Indian Act.

The holding of such election will ensure the selection of a leadership under a process that is unambiguous and accessible by providing all members of the Algonquins of Barrière Lake First Nation, at least 18 years of age, the ability to cast a vote by secret ballot in a clearly prescribed manner at a time and place that will be widely publicized to both on- and off-reserve members.

Indian and Northern Affairs Canada is committed to work with the Algonquins of Barrière Lake First Nation to ensure delivery of its programs and services and improve the living conditions in the community. Given the obstacles resulting from its long-standing governance disputes, it is necessary to ensure that the First Nation, through a fair, transparent and democratic process, identify its own legitimate leadership.

The Algonquins of Barrière Lake First Nation will benefit from the clarity and certainty that a transparent election process will bring to its relationship with Indian and Northern Affairs Canada and other important stakeholders, particularly other federal government departments, the provincial government and the private sector in carrying out forward-looking projects.

Consultation

In compliance with the Custom Election Dispute Resolution Policy of Indian and Northern Affairs Canada, members of the Algonquins of Barrière Lake First Nation were encouraged to resolve the differences surrounding their custom leadership selection process at the community level. The Custom Election Dispute Resolution Policy set out INAC’s response to custom election disputes. Invoking subsection 74(1) of the Indian Act after having explored other solutions and approaches with the Algonquins of Barrière Lake First Nation, including mediation or arbitration, is consistent with INAC’s policy.

On October 30, 2009, in an open letter to the members and purported leaders of the Algonquins of Barrière Lake First Nation, the Minister informed the community of his intention to invoke subsection 74(1) of the Indian Act, should they be unable to develop and ratify a clear leadership selection process by March 31, 2010 that respects the principles set out in INAC’s Conversion to Community Election System Policy (including secret ballot voting, independent appeals process and compliancy with the Canadian Charter of Rights and Freedoms).

Despite INAC’s numerous offers of resources and technical and financial assistance to develop a leadership selection code, based on what is provided to other First Nations, the Algonquins of Barrière Lake First Nation has not chosen to avail itself of this opportunity. The Minister now deems it advisable for the good government of the band to invoke subsection 74(1) of the Indian Act.

Implementation, enforcement and service standards

The Order Amending the Indian Bands Council Elections Order being in force, INAC will identify an electoral officer. As a first step, the electoral officer, in conjunction with INAC, will undertake an information campaign inviting members of the Algonquins of Barrière Lake First Nation to directly provide their addresses to the electoral officer for the purposes of receiving election materials. Indian and Northern Affairs Canada will continue to work closely with the electoral officer throughout the election process and will monitor progress. The election appeal provisions of the Indian Act will serve as a redress mechanism should there be cause.

Contact

Marc Boivin
Senior Policy Advisor
Indian and Northern Affairs Canada
10 Wellington Street, Room 915
Gatineau, Quebec
K1A 0H4
Telephone: 819-934-0591
Fax : 819-997-9541
Email: marc.boivin@ainc-inac.gc.ca

Footnote a
R.S., c. I-5

Footnote b
R.S., c. I-5

Footnote 1
SOR/97-138

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