Cheam First Nation Opts Out of Indian Act Elections

Summary#

The Order Amending the Indian Bands Council Elections Order (Cheam First Nation) (SOR/2025-182) removes Cheam First Nation from the election rules in the Indian Act so the community can use its own election code. The order took effect on September 4, 2025 and sets the first election under the community code for December 6, 2025.

What it does#

• Repeals Item 20 of Part I of Schedule I to the Indian Bands Council Elections Order, ending the automatic application of section 74 of the Indian Act to Cheam First Nation.
• Confirms that future elections for chief and councillors will be run under the First Nation’s own community election code.
• Fixes the date of the first election under that code as December 6, 2025.
• Shifts responsibility for running elections and handling election disputes from the federal government to the First Nation (disputes would be handled under the community code or by the courts).

Who's affected#

• Cheam First Nation members and anyone who votes in or runs in their local leadership elections.
• The Minister of Indigenous Services and Indigenous Services Canada, who will no longer run or oversee Cheam’s elections and will only record results provided by the First Nation.
• The change is limited to Cheam First Nation; it does not apply to other First Nations.

Why it matters#

• This gives Cheam First Nation direct control over how it chooses leaders, using rules developed and ratified by the community rather than the federal election rules in the Indian Act.
• The move follows a community ratification vote (a 69‑day process) in which 102 electors voted: 68 in favour and 34 opposed, showing local support.
• In practical terms, the First Nation will manage election logistics and appeals, which can make voting more flexible and aligned with local traditions — but it also means election disputes are not handled by the federal department and may end up in court if contested.
• The Department reviewed the community code for compatibility with the Canadian Charter of Rights and Freedoms before approving the change.