Lhtako Dene adopt custom election code

Summary#

The Order Amending the Indian Bands Council Elections Order (Lhtako Dene) removes the Lhtako Dene Nation from the federal election rules in the Indian Act. It lets the community run its own band elections under a local election code, with the first election set for March 22, 2022.

What it does#

• Stops the federal election rules in the Indian Act from applying to the Lhtako Dene Nation.
• Confirms the Nation will use its Lhtako Dene Nation Custom Election Code to choose its chief and councillors.
• Fixes the first election under the custom code on March 22, 2022.
• Ends routine federal involvement in conducting or overseeing those elections; after this change, Indigenous Services Canada only records results and will not run or decide on election disputes.

Who's affected#

• Members of the Lhtako Dene Nation, especially voters and people who want to run for chief or council.
• Local officials who will now organize and run elections under the community code.
• Indigenous Services Canada, which will no longer manage or adjudicate these elections.
• Others (courts or external bodies) only if an election dispute is taken outside the community’s code.

Why it matters#

• The change gives the Lhtako Dene Nation more control over how its leaders are chosen. That can let the community use rules that better fit local traditions and needs.
• A community ratification vote took place on October 24, 2019: 50 electors voted, with 42 in favour and 8 opposed.
• The order came into force when it was registered on November 26, 2021, so the Nation now has responsibility for running elections and handling disputes under its own code.
• This is a local governance change; it applies only to the Lhtako Dene Nation and does not change election rules for other First Nations.