Part IIOrderPublished: December 6, 2023

Cowichan opts for custom election code

Order Amending the Indian Bands Council Elections Order (Cowichan): SOR/2023-244

The Order removes the Cowichan First Nation from the Indian Act band-election regime and recognizes Cowichan’s own community election (custom) code. Cowichan will run its future chief and councillor elections under that code, with the first election scheduled for 2024-02-24, and Indigenous Services Canada will no longer administer those elections.

Published
December 6, 2023
Department
Unavailable
Section
Order Amending the Indian Bands Council Elections Order (Cowichan)
Comment deadline
Unavailable
Effective date
November 15, 2023
Publication part
Part II

Summary

Summary#

The Order Amending the Indian Bands Council Elections Order (Cowichan) removes the Cowichan First Nation (British Columbia) from the Indian Act’s band-election system. From now on, Cowichan will run its own elections under a community election code, with the first election set for February 24, 2024.

What it does#

  • Repeals the part of the federal order that required the Cowichan council to use elections under the Indian Act.
  • Recognizes that Cowichan will use its own community (custom) election code to choose Chief and councillors.
  • Fixes the date of the first election under the community code as February 24, 2024.
  • Shifts responsibility for running elections and handling election disputes from the federal government to Cowichan; disputes are to be handled under the community code or in court.

Who's affected#

  • Members of Cowichan First Nation (voters, candidates, and community leaders) are the primary people affected.
  • Indigenous Services Canada will no longer organize or officially manage Cowichan’s future band elections.
  • The general public in the region may notice changes only when election events or local governance decisions occur under the new code.
  • The change follows a community ratification vote where 332 electors cast ballots: 234 in favour and 98 opposed.

Why it matters#

  • This gives Cowichan more control over how it chooses leaders. That can let the community use rules that reflect local traditions and needs.
  • The federal government steps back from running or deciding on those elections. That means the community’s election code and local processes determine who wins and how disputes are resolved.
  • For Cowichan members, the change can affect voter procedures, timelines, eligibility rules, and how complaints are handled.

Key topics

Indian ActIndian Bands Council Elections OrderOrder Amending the Indian Bands Council Elections Order (Cowichan)Cowichan First NationCowichan custom election codecommunity election systemIndigenous Services CanadaChief and councillors electionsFirst Nations governanceself-determinationBand Governance Management SystemBGMSCanadian Charter of Rights and Freedoms

Source: Canada Gazette

Official source