Klahoose First Nation adopts custom election code

Summary#

This is the federal order called Order Amending the Indian Bands Council Elections Order (Klahoose): SOR/2021-77. It removes the Klahoose First Nation from the default election rules in the Indian Act so the community can hold council elections under its own election code. The order was registered (made effective) on April 8, 2021, and the First Nation set the first election under its code for July 17, 2021.

What it does#

• Repeals the part of the Indian Bands Council Elections Order that made the Klahoose First Nation subject to the Indian Act election rules.
• Lets the Klahoose hold future elections under its own community election code instead of the Indian Act rules.
• Fixes the date for the first election under the community code at July 17, 2021.
• Transfers full responsibility for running elections and handling election disputes to the Klahoose community. The Government of Canada will no longer run or decide appeals for those elections.

Who's affected#

• Members and electors of the Klahoose First Nation — they will vote under their community's rules instead of the Indian Act rules.
• People who want to run for chief or councillor in Klahoose — they must follow the Klahoose election code.
• Indigenous Services Canada and federal officials — they will no longer administer or resolve Klahoose election matters.
• Courts or other bodies could be involved if election disputes under the community code go to litigation.

Why it matters#

• This change gives the Klahoose First Nation more control over how it chooses leaders. Local rules can reflect community priorities and traditions.
• The community approved the change in its own vote on November 10, 2020 (ratification), where 59 votes were in favour, 6 opposed, and 9 rejected, and its council passed a resolution on November 17, 2020 asking for the change. That shows local support for moving away from the Indian Act system.
• For Klahoose electors, the practical result is different voting and appeals rules and a local body responsible for running elections. For others, the federal government steps back from managing those band elections.