Atikameksheng Adopts Local Election Code

Summary#

The federal government issued the Order Amending the Indian Bands Council Elections Order (Atikameksheng Anishnawbek) (SOR/2020-102). It removes the Atikameksheng Anishnawbek First Nation from the election rules in the Indian Act, letting the community use its own election code instead. The order was registered and came into force on May 8, 2020.

What it does#

• Repeals the entry that made the Atikameksheng Anishnawbek community subject to the Indian Act election regime.
• Allows elections for chief and council to be run under the Atikameksheng Anishnawbek Gimaakeng Naaknigewin election code (the community’s own rules).
• Transfers full responsibility for running elections, handling disputes, and appeals to the First Nation rather than to the federal government.

Who's affected#

• Members of the Atikameksheng Anishnawbek First Nation are the main people affected.
• Indigenous Services Canada (and the Minister of Indigenous Services) will no longer run or oversee the community’s elections.
• If election disputes happen, they must be handled under the community code or in the courts — not by federal election officers.

Why it matters#

• This gives the Atikameksheng Anishnawbek First Nation more local control over how leaders are chosen.
• The community completed consultations and held a ratification vote on January 30, 2020. The record says 124 ballots were cast and reports 71 in favour and 52 opposed; the source also says the margin was 19 votes (the numbers in the record do not add up exactly, and that discrepancy is in the source).
• Practically, the change means the First Nation now organizes, funds and decides on its election process and how to resolve election disputes. The federal government says there are no new costs to businesses or to the federal government from this change.