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
Source: Canada Gazette