Madawaska Maliseet First Nation Adopts Custom Elections

Summary#

This is the Order Amending the Schedule to the First Nations Elections Act (Madawaska Maliseet First Nation). It removes the Madawaska Maliseet First Nation from the federal First Nations Elections Act, so the community will run its own elections under its custom election code, with the first such election set for July 21, 2023.

What it does#

• Repeals the listing that made the Madawaska Maliseet First Nation subject to the First Nations Elections Act.
• Confirms the First Nation will hold future chief and council elections under its own community election code.
• Fixes the date of the first election under the custom code at July 21, 2023.
• The order came into force on the day it was registered (May 18, 2023).

Who's affected#

• Members (electors) of the Madawaska Maliseet First Nation in New Brunswick — they will vote under their community’s rules instead of the federal election rules.
• Indigenous Services Canada — it will no longer run or oversee those elections and will only record results supplied by the First Nation.
• The Government of Canada more broadly — it will not interpret or decide on the validity of elections held under the community code; election disputes are handled by the community code or by the courts.
• Others (outside the First Nation) are unlikely to be affected; the order is limited to this one community.

Why it matters#

• It transfers control of how chiefs and councillors are chosen from the federal system to the community. That can increase local self‑determination and let the First Nation use rules tailored to its traditions and needs.
• The change follows a community ratification vote that closed on December 16, 2022 in which 219 electors voted: 189 in favour and 30 opposed, so the community showed clear support for the move.
• Practically, the First Nation now runs its entire electoral process and handles any disputes according to its code or through courts, rather than having federal oversight.