Brokenhead Ojibway Nation custom elections

Summary#

The Order Amending the Indian Bands Council Elections Order (Brokenhead Ojibway Nation) removes the Brokenhead Ojibway Nation from the federal Indian Act rules for band council elections. The First Nation will hold future chief and council elections under its own community election code, with the first election set for April 18, 2024; the order was registered on January 16, 2024.

What it does#

• Repeals Item 4 of Part IV of Schedule I of the Indian Bands Council Elections Order, ending the application of the Indian Act election provisions to the Brokenhead Ojibway Nation.
• Allows the First Nation to use its Brokenhead Ojibway Nation Custom Election Code to run future elections.
• Fixes the date of the first election under the community code at April 18, 2024.
• Puts responsibility for running elections and handling election disputes on the First Nation; the federal government will no longer manage or rule on those elections.

Who's affected#

• Members and electors of the Brokenhead Ojibway Nation are the main group affected.
• People who want to run for chief or council, and local election administrators, will follow the community’s custom code instead of federal rules.
• Other governments or businesses are not directly affected; this change applies only to the Brokenhead Ojibway Nation.

Why it matters#

• It shifts control of how leaders are chosen from federal law to the community’s own rules. That gives the Brokenhead Ojibway Nation more local control over election details.
• The community held a ratification vote over 40 days (closing October 17, 2023) with 250 ballots cast: 201 in favour, 46 opposed and 3 rejected. That shows local support for the change.
• Elections under a community code can change practical things like timing, voting methods, accessibility and how disputes are resolved. Disputes will be handled according to the community’s code or by the courts rather than by the federal department.