Moosomin First Nation adopts custom election code

Summary#

The Order Amending the Indian Bands Council Elections Order (Moosomin) (SOR/2021-19) removes the Moosomin First Nation from the federal election rules in the Indian Act. The band will hold its future elections under its own Moosomin First Nation Custom Election Code, with the first election set for May 3, 2021.

What it does#

• Ends the application of the Indian Act election provisions to the Moosomin First Nation.
• Allows the band to use its own Moosomin First Nation Custom Election Code to choose chief and councillors.
• Fixes the date of the band’s first election under that code as May 3, 2021.
• Transfers full responsibility for running elections and handling election disputes to the Moosomin First Nation; the federal government will no longer run, interpret, or decide appeals for those elections.
• Notes that Indigenous Services Canada reviewed the band’s code and ratification process and was satisfied that the code includes secret-ballot voting and an independent appeals process and complies with the Canadian Charter of Rights and Freedoms.

Who's affected#

• Members and electors of the Moosomin First Nation are the main people affected.
  • The band held a ratification vote on December 5, 2020: 305 electors voted, with 223 in favour and 81 opposed.
  • The band’s council passed a resolution on December 7, 2020 requesting this change.
• The federal government (through Indigenous Services Canada) will no longer administer the band’s elections.
• If internal appeals under the band’s code fail, election disputes could end up in the courts.

Why it matters#

• This gives the Moosomin First Nation more control over how it chooses leaders. Local rules can better reflect community preferences and customs.
• For band members, it changes who organizes the vote, how votes are run, and where disputes are handled.
• The change is limited to this community; it does not affect other First Nations or broader public programs.