Bill S-6 (Historical)

First Nations Elections Act

An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations

This enactment establishes a regime, alternative to the one under the Indian Act, to govern the election of chiefs and councillors of certain First Nations. Among other things, the regime
(a) provides that chiefs and councillors hold office for four years;
(b) provides that the election of a chief or councillor may be contested before a competent court; and
(c) sets out offences and penalties in relation to the election of a chief or councillor.
This enactment also allows First Nations to withdraw from the regime by adopting a written code that sets out the rules regarding the election of the members of their council.

First Nations Elections Act

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, under the current system and the current Indian Act, we see how first nations have to appeal the process. There are numerous funding mechanisms being utilized to address those corrupt or misleading elections.

We have heard from the Manitoba first nations about how they want the system to be. They have gone across Manitoba. Chief Evans has been paramount in trying to address all elections that first nations face across Canada. For one thing, if a mechanism is in place, there would be fewer corrupt practices or fewer first nations appealing the current election system. That is where money will be saved, because under Bill S-6, for first nations to participate and opt in, there will be cost savings.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, under the Indian Act electoral system, election appeals are received and reviewed by departmental officials based on evidence gathered. If it is determined that there was a corrupt practice in connection with an election or that there was a violation of the rules that might have affected the results of the election, the minister may recommend that the Governor in Council set aside the election. In the event of a finding of a corrupt practice, the minister may also remove elected officials and prevent them from being candidates in future elections for a period of up to five years.

I have seen this countless times. I am hearing from my constituents on first nations reserves, and currently from Ahtahkakoop First Nation, that they are having problems under the old Indian Act in trying to address this current election process. That is why Bill S-6 is pivotal in trying to reform elections for first nations under the current Indian Act.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, having lived and worked in first nations communities and witnessed first nations elections, what I have seen throughout the process, specifically under the outdated Indian Act, which goes back to 1876, is that there is a lot of corruption. I have seen first nations chiefs, past and present, campaign during their elections and provide funding or, if I could put it more bluntly, bribes of $50 to $100. There has to be some mechanism that looks at that problem.

That is why the framework for election appeals under the Indian Act is one of the most criticized components of that election system, particularly because it involves a paternalistic role for the minister in making decisions to remove elected officials and recommending the setting aside of elections.

One of the key criticisms of this process is simply that the minister should not play a role. In addressing appeals under Bill S-6, the creation of an independent first nations electoral appeals commission was reviewed, and there are a number of reasons that the commission was not deemed the appropriate strategy. One is that this option would require a significant amount of resources, which would be difficult to justify for an optional legislative framework. Second, the role such a commission would play in electoral appeals is questionable, particularly given that the offences and penalties provisions of Bill S-6 would be responded to and addressed by law enforcement, crown attorneys and the courts. That is what first nations are asking for: the same privileges that every other Canadian has provincially and municipally.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I appreciate this opportunity to add my voice in support of this very worthy legislation, which would see the federal government stop meddling in first nations' electoral affairs, which rightly rest with those communities.

As some of my hon. colleagues have explained, current provisions in the Indian Act have created a democratic anomaly within Canada. Instead of empowering first nations community members to exercise their democratic rights and hold their own governments to account, the Indian Act places the responsibility in the hands of the Minister of Aboriginal Affairs and Northern Development. This is completely backwards. That is why our government has introduced the first nations elections act. It would provide an alternative to the paternalistic Indian Act and would put the accountability squarely back with first nations members where it belongs.

The Minister of Aboriginal Affairs and Northern Development plays a disproportionately large role in first nations elections, one that he would gladly give up.

Sections 74 and 79 of the Indian Act set out the rules and regulations governing the current electoral system. Under section 74, the minister may declare by order that a first nation hold elections under the act and the Indian Band Election Regulations. Since 1951, approximately 350 first nations in Canada have been ordered to hold their elections under this system. Over time, 100 first nations have been removed from the system and now hold their elections under the community elections system instead.

All first nations that hold their elections under the Indian Act are subject to the same rules and eligibility requirements. The Indian Act sets out the size of a band council based on a first nation's population, generally called “the one per 100 rule”. It stipulates that a band council shall be made up of a chief and one councillor for every 100 members a first nation has. Although the act allows a first nation to reduce this complement of councillors, any such change requires the approval of a minister.

A typical election under the Indian Act includes the appointment of an electoral officer charged with managing the overall election process and all related activities. This appointment must be approved by the Minister of Aboriginal Affairs and Northern Development. Aboriginal Affairs and Northern Development Canada provides training support to electoral officers throughout the election to ensure compliance with the election rules under the Indian Act. Once elected, the chief and councillors hold office for two-year terms.

One of the most serious complaints about the Indian Act system arises when election results are disputed and a lengthy appeals process begins. At the moment, election appeals are received, reviewed, and, if necessary, investigated and decided upon by the department and the minister. The minister has the authority to remove elected officials and to recommend the setting aside of elections. Most appeals relate to election results. The minister can declare that a specific elected official was guilty of corrupt practices in connection with an election. Such a declaration causes the council position to become vacant. The minister may also declare any individuals removed from the office to be ineligible to be candidates for up to six years.

If it is determined that corrupt practices took place or that there was a violation of the Indian Act or the regulations that might have affected the results of the election, the minister reports to the Governor in Council. Only the Governor in Council has the power to set aside an election. If the election of a band council is set aside in its entirety, another election is held under the accelerated process.

It is no secret that first nations are critical of the electoral process under the Indian Act. They complain, with justification, that it sets out an electoral regime that is antiquated and paternalistic. That is not surprising when we consider that the minister even has the power to remove someone for missing band council meetings.

First nations members believe that the minister and his department are far too involved in elections on reserves, especially in handling appeals. The framework for an election appeal under the legislation is one of the most criticized components of the election system. In this day and age, approving changes to the number of councillor positions on a band council, approving a first nation's choices of electoral officer, investigating election appeals, removing elected officials for whatever reason and banning them from running in future elections, and setting aside elections in their entirety are simply roles the government and the minister should not be playing.

I cannot stress enough how paternalistic this is and how it goes completely against the view that first nations band councils are governments and should be treated as such.

Our government agrees entirely that first nations have good grounds for these criticisms. We understand that they want a better alternative. Members on both sides of the House believe that sticking with the status quo makes no sense and is just plain wrong. This simply will not wash with the growing number of first nations that are fed up and frustrated with the current system.

It is long past time for us to fix these structural flaws and it is time to implement the many recommendations brought forward by first nations, which form the foundation of this proposed legislation. They, and we, want to bring the system into line with the way other jurisdictions work.

This modernization is consistent with other first nations legislation, from first nations lands management and financial management to local by-laws. Doing so would strip away some of the electoral system powers that rest with the Minister of Aboriginal Affairs and Northern Development, a situation that is simply unacceptable in the 21st century.

First nations electors wishing to challenge the results of their election based on violations to the rules and alleged corruption practices would no longer appeal to the Minister of Aboriginal Affairs and Northern Development. Neither would the minister be involved in removing a chief or councillors from office before the end of their term. Instead, election appeals would be addressed by the courts, just as they are in elections in all other jurisdictions.

The courts already offer an independent and transparent appeal mechanism open to public scrutiny. They already have the power to determine wrongdoing in federal, provincial and municipal elections, so they are well positioned to address issues in first nations elections.

As an added benefit, this approach would discourage frivolous complaints, which are prominent under the Indian Act election system. Such complaints create uncertainty over the band council's legitimacy, hurting the community's day-to-day business activities and discouraging economic development, often for a long period of time. An appeal can take anywhere from six to 18 months to be resolved, and in the end little may change.

About 30% of all band council elections under the Indian Act are appealed, which amounts to about 40 elections per year. Of these, usually no more than five appeals result in an election being overturned. Given that applications to the courts require that grounds be clearly presented and supported, it is likely that fewer frivolous appeals would be launched.

We would be hard pressed to find anyone who believes that the minister must continue to hold the powers he does vis-à-vis first nations elections. We certainly would not find first nation leaders saying this, and I doubt Canadians at large would take this position either.

Bill S-6 is what first nations have been asking for. It is what their members want and need. First nations recognize that a sound, open, transparent election process in an important part of a strong, stable and effective first nations governments, effective governments that respect their citizens' democratic right to be informed and to be heard, governments that respond to the priorities of their residents.

Equally essential is that with stable and legitimate first nations governments in place, first nations, businesses and municipal and provincial governments can pursue mutually beneficial projects. First nations would be able to use the income flowing from these investments to build their economies and improve the lives and livelihoods of their members. That is something that people living in first nations most definitely want.

It is now up to parliamentarians to unleash this tremendous potential by passing this worthy legislation. As we do, we will build a better future not only for first nations, but for all Canadians.

(The House resumed at 12 noon)

The House resumed from June 14 consideration of the motion that Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations, be read the second time and referred to a committee.

[Michelle Rempel, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, I will be sharing my time.

When we come to this place as elected officials, we come with a background in whatever fields we have been working in throughout our careers. We come with the experience of the people we have worked with. When we arrive here, it really strikes us how great the depth of experience is in things that we have not been exposed to at certain levels in our previous life experiences.

The reason I am giving this preamble is that one of the things in which I have a keen interest is first nations relations in this country. It is something that a lot of Canadians should pay attention to and should look at, because first nations communities play a vital role in our country in so many ways. They have issues that we as legislators need to look at very carefully and with a great degree of cultural sensitivity.

For the last couple of months I have been serving on the Special Committee on Violence Against Indigenous Women with some of my colleagues who are here in the House today. I wanted to speak to this bill, and I will speak to its contents in a minute, because of something that we started looking at in testimony last night. Women leadership in first nations communities is something that is so vitally important to a wide variety of issues. The concept of leadership in first nations communities, as I am slowly learning, takes on so many different meanings and forms.

One of the things that has to be acknowledged is that, as legislators, we should be striving to do as much as we can to empower first nations women to seek elected office within their communities. Where there are barriers that we can seek to remove, we should be trying to do that. When we talk to members of various organizations, such as first nations advocacy groups and others, they will acknowledge that women play a special role in seeking healing and solutions to problems that may be issues to first nations communities, including violence.

What has really struck me is that during my journey as a woman who has sought elected office in the federal Parliament, when we try to encourage a woman to run for office, one of the first things she will say is that it seems that the rules are not clear, or that there is a different set of rules for some people, and that she just does not have time for that. Whenever there is a perception that the rules are not clear or the rules are not right, that actually discourages women from seeking office.

This is something I am personally very passionate about and it is within this particular context that I want to speak to this bill. I believe that this bill would substantially improve the current state of affairs for first nations elections in this country by clarifying the rules and making them more sensitive to the needs of first nations communities. From what I have seen in reviewing the Senate proceedings and the Senate committee testimony, there has been a great degree of consultation with first nations communities on this particular piece of legislation.

I believe that the last time these provisions were reviewed was in the 1950s. It is now 2013.

I am supportive of this bill because it would modernize first nations electoral systems. For those first nations that wish to opt in, it would bring them in line with every other electoral system in Canada at the federal, provincial and municipal levels.

The bill was developed in direct response to calls from first nations community leaders and grassroots members who were seeking for a more rigorous and accountable election system on reserves. These first nations individuals have been openly critical of the antiquated and paternalistic election system that currently exists under the Elections Act. They have asked for improved electoral systems that address the weaknesses of the one currently dictated by the Indian Act.

This issue was first brought to our collective attention by the Atlantic Policy Congress of First Nations Chiefs and the Assembly of Manitoba Chiefs. It was these two groups that took the lead in finding solutions to stabilize and improve first nations governance through a stronger and more modern election system.

With the support of our government in 2008, they began researching the issue of band council elections. After identifying flaws in the current system under the Indian Act, they discussed their findings with first nations leaders, governance technicians and community members in their respective regions.

Between January and March 2010, the Assembly of Manitoba Chiefs held information and engagement sessions with over 30 of the province's 37 first nations that hold their elections under the Indian Act election system. Over the same period, the Atlantic Policy Congress of First Nations Chiefs solicited public input on election reforms through social media and articles in the Mi'kmaq-Maliseet Nations News, as well as through focus groups with subject matter experts.

The APC and the Assembly of Manitoba Chiefs then provided their recommendations to the department, and these recommendations were collated and consolidated into a discussion paper entitled “Improving the System for First Nations Elections”, which was jointly developed with the Assembly of Manitoba Chiefs and the Atlantic Policy Congress of First Nations Chiefs.

At the request of the former minister of Aboriginal Affairs and Northern Development, the two organizations conducted a national engagement process on these recommendations. Every effort was made to seek the input of community members across Canada to ensure that the final recommendations would capture the concerns of first nations citizens.

Both groups posted the discussion paper and other background materials on their websites and invited people to submit their comments or any further ideas for improvement. In addition, the Assembly of Manitoba Chiefs and the Atlantic Policy Congress of First Nations Chiefs wrote to the first nations councils that hold their elections under the Indian Act to provide them with the discussion paper and to encourage them to hold discussions in their communities and provide feedback.

Leaders of the two organizations also made their presentations about the recommendations to first nations organizations across the country. Based on the feedback obtained through these various processes, the list of possible reforms was affirmed and presented to the minister. At this point, after the consultation, the drafting of Bill S-6 began.

In addition to this, in 2009, the Standing Senate Committee on Aboriginal Peoples studied the limitations of the Indian Act election system. The committee held approximately 20 hearings in Ottawa, Manitoba and British Columbia. First nations leaders, including heads of national and provincial organizations, tribal council representatives, band managers and community members made representations and answered questions. From this testimony, the Senate committee concluded that election reform was needed. One of the recommendations in its final report was that the government work with first nations to guide legislative development in the area of elections.

First nations members have been clear. They want assurance that their leaders can be held to account through modern governance structures that reflect and respond to their needs and priorities. Bill S-6 is designed to address many of these long-standing electoral problems.

Our government is committed to ensuring that first nations have strong, accountable and transparent governments, because we all know that a strong election system that is open and transparent provides the foundation first nations require to attract investment, develop economic activities and set goals that will improve the quality of life for residents in these communities.

As a response to these recommendations provided by first nations leaders and the input of people at the local level, this proposed legislation would provide a new option for communities looking for an alternative to the Indian Act election system.

The bill would allow four-year terms. This change in term length would allow for stability within first nations communities to ensure economic growth, prosperity and stability within the election system into the future.

The bill would also create a more robust process for the nomination of candidates. It would also remove the possibility of the same individual being elected to the position of both chief and councillor.

The proposed legislation proposes penalties for offences such as obstructing the electoral process or engaging in corrupt or fraudulent actions in relation to an election, and it would give regulation-making powers with respect to mail-in ballots and advance polls.

With Bill S-6, first nation voters would have available to them an election system with the same standards and protections other Canadian voters have. The bill would also provide the option of a common election day, something some first nations have indicated they want. The proposed legislation would allow first nations governments, at their request, to hold office concurrently and have their elections on the same day. This could be very advantageous to joint undertakings involving first nations in a given region.

Particularly important, and in response to what many first nation members had to say during this process, the bill would remove the minister's role in elections. Elections appeals would be addressed by the courts, just as they are for federal, provincial and municipal elections in other jurisdictions. Having access to the court system is something that is actually positive. My colleague opposite argued that this is somehow disadvantageous to first nations communities.

While we want to make sure that any such matters are handled expeditiously, I would argue that perhaps removing this power from the minister and putting it into the court system is something that would be less paternalistic and would actually move first nations communities into alignment with other jurisdictions in this country, which have similar rights.

Bill S-6 is designed to empower first nations members, putting decision-making power into the hands of the people. It would uphold their democratic right to choose the political leadership they need and want.

I encourage my colleague opposite and colleagues in this House to review the testimony made to the Senate committee as well as some of the recommendations put forward in the documents I have referenced in my speech. There are several technical amendments this bill would provide that would make the election laws more clear, more accessible and more stable.

Going back to the start of my speech, this is positive not only for first nations communities in general. If we seek to empower first nations women to seek office, this clarity in the rules would also certainly help them in the future.

I hope everyone in the House will give this bill a good look and support it for its many merits, which are reflective of the consultation process our government undertook to develop it.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I would encourage the member across the way to read the submissions made by first nations leaders from across Canada, when this bill was before committee, and to consider the very serious concerns they brought forward with regard to the very issue the member raised.

We in the NDP believe that Bill S-6 does not, and must have, in any effort to work with first nations to make sure that their elections are more fair, provisions for internal appeal mechanisms. We are very concerned that first nations would be forced to go through the court system to be able to appeal any sort of irregularities or issues that may have come up in elections.

The Conservative government will know very well, as a result of many of its members' election woes, how long it takes to deal with election irregularities that have come up. In terms of expenses and practices, whether it is robocalls or election expenditures, the reality is we do not want first nations to have to go through those kinds of systems when inclusion for an internal appeal mechanism could be easily done.

First nations have raised this. The government, unfortunately, continues to ignore this very serious demand. We believe that the bill, which refuses to heed the concerns raised by first nations, will further marginalize and further oppress first nations people in Canada. We cannot stand for that.

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, the member for Churchill is suggesting that the NDP is opposing this bill because of legislation that would provide a minister with the power to bring first nations into the first nations elections act in the event of a protracted leadership dispute that has significantly compromised the governance of the first nation after reasonable efforts have been made to reach a community-based solution.

These are very rare and extenuating circumstances. In fact, it has only been used once since our government came into power in 2006, and two times before that under the previous Liberal government.

The fact is that the minister has the power to bring first nations under the Indian Act in such a protracted situation. However, this is exactly what we are trying to move away from. The legislation would provide the minister with the necessary power to order a new election under Bill S-6.

The NDP is saying, “No. Let's give them the option to be brought under the Indian Act”. To me this is paternalistic on the part of the NDP.

Why would the member not want first nations to have the same options in these serious and extenuating circumstances?

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am pleased to have the opportunity to speak in opposition to Bill S-6, yet another bill that the Conservative government is putting forward about which first nations have a great deal of concern. Certainly he NDP believes it is a serious matter and that first nations voices, like on any issue that pertains to them directly or indirectly, must be heard.

I rise to speak to the bill on a very important week, a very important anniversary for first nations in Canada. Five years ago, the Prime Minister rose in the House of Commons and apologized to residential school survivors, their families and their communities and he committed to a new relationship. He committed to a new beginning in the Crown-first nations relationship. Fast forward five years later, and not only have we not seen a new relationship, we have seen the government continue to impose legislation after legislation that flies in the face of that commitment.

Bill S-6, like bills that have gone forward, misses out on the critical piece, and that is first nations consultation. What first nations raise in terms of concerns must be reflected in the bill.

We have a case now with Bill S-6 where the government is applying rhetoric regarding empowerment, the importance of fair elections and stability in first nations, concepts which are very worthwhile and sound great. However, when we scratch the surface and start looking at what was said in the Senate when the bill was being discussed and when we start hearing directly from first nations and first nations leadership, we realize the bill is not about empowerment and it does not provide the kind of stability that first nations need when they come to their electoral system.

The NDP believes strongly that as a result, the bill cannot be supported. The government must go back to the table with first nations and listen to the very concrete concerns they have raised directly with members of the government. As we know, this has been debated in the Senate and changes must be reflected in a bill that purports to deal with making first nations elections fairer to allow greater stability in the community.

The bill establishes rules for elections, apart from the Indian Act. These include an election cycle longer than two years, the ability to have a common election date, elements that have been raised by first nations and need to be addressed. We agree with the need to address these issues, but we share the serious concern that first nations have brought forward, and that is Bill S-6 gives the Minister of Aboriginal Affairs and Northern Development the power to order a first nation with community designed elections to adhere to the new regime.

We want to see first nations' elections improve, but this is basically tinkering around the edges of the Indian Act and does not address the extensive powers of the Minister of Aboriginal Affairs and Northern Development over the right of bands to determine their own future.

In making that statement, it is very much founded on a critical concept. We have a federal government that has committed to the UN Declaration on Indigenous Rights, yet putting forward Bill S-6 very much disrespects that commitment. I quote from article 18 in the UN declaration which states:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Unfortunately, when we turn to the legislative summary of this bill, it indicates that:

First Nations may choose to opt in to the new elections regime proposed under the legislation, or they may be brought under the new elections regime by ministerial order in some circumstances.

We in the NDP stand with first nations in expressing our complete and utter opposition to this very point, a point that challenges the commitment that the government and our country made to the UN declaration of indigenous rights. It flies in the face of the promise the Prime Minister made of a new beginning and a new relationship.

According to Aboriginal Affairs and Northern Development Canada, 240 first nations hold elections pursuant to the Indian Act, 341 first nations conduct custom or community-based elections rather than elections under the Indian Act, and 36 first nations select their leaders according to their self-government agreements.

We have heard real concern expressed from many first nations about the short term of office for first nations leadership positions, and I certainly know this from the first nations that I represent. We agree with first nations in saying that the two-year term of office imposed on first nations by the Indian Act is too short to provide political and economic stability, often creating deep divisions in communities.

I have had the chance to get to know many chiefs and councillors across northern Manitoba who have struggled when that has been the case in their communities. They have brought forward ideas, a visionary approach to governing their community that perhaps differs from the approach of leaders who have come before them, but two years is not enough time to make changes and get the community on the path that they would like it go down based on the support of their community members. We agree with first nations in saying that the two-year timeline must be removed.

I would like to note that we also agree with the substantive concerns with the Indian Act elections that relate to the degree of ministerial intervention, the lack of an adequate and autonomous appeals process and the absence of flexibility to set the terms of office and determine the size of councils.

We believe it is extremely problematic and, frankly, reeks of colonialism that the Minister of Aboriginal Affairs and Northern Development would be able to interfere through ministerial order, as is clearly stated in this bill, in elections on first nations.

I would like to refer back to the Royal Commission on Aboriginal Peoples and some of the recommendations they made back in 1996. The Senate committee on aboriginal peoples said:

With respect to elections, a key proposal was to develop community leadership selection systems and remove the application of the Indian Act as a preliminary measure to re-establishing traditional forms of leadership. To accomplish this, the following steps were suggested: community level development of custom codes; community development of local dispute resolution procedures; regional first nations capacity and advisory bodies.

Again, some of the elements that were recommended back in 1996 are not present or appropriately resourced under the current legislation.

We have referenced a sticking point under subclause 3(1), which states that “The Minister may, by order, add the name of a First Nation to the schedule...” of first nations participating in the new election system.

The other problem with this legislation is the regulations in clause 41. The clause provides for the Governor in Council to have broad and general powers to make regulations with respect to elections.

We have had the chance to hear from many leaders and people involved in aboriginal governance who have expressed their opposition to the current iteration of Bill S-6, and I would like to read into the record their voices.

Before I do that, I want to also acknowledge that we have seen a very problematic pattern by the government in bringing in closure on debate regarding first nations bills. We saw it with Bill S-2 and we saw it with bills that came forward prior to Bill S-2.

For us in the NDP, it is absolutely fundamental that first nations voices be heard in committee in order to best shape legislation or to give us the opportunity to challenge legislation on their behalf.

Unfortunately, my experience has been that the Conservative government has done everything in its power to muzzle the voices of first nations and to silence them when it comes to speaking out on bills that have everything to do with their communities. That is unacceptable, and it once again reflects the colonial approach that we have seen from the current government time and time again.

Having said that, I would like to read into the record some of the messages we have heard from first nations people when the bill was at the Senate committee.

I would like to start with a quote from the Grand Chief of the Assembly of Manitoba Chiefs, Derek Nepinak. He said:

This proposal does not fulfill the recommendations put forth by the AMC. It appears to be an attempt by the Minister to expand governmental jurisdiction and control the First Nations electoral processes that are created pursuant to the Indian Act or custom code. I am hopeful that Canada will engage in meaningful consultation with First Nations in Manitoba in order to fix some of the problems, instead of unilaterally imposing a statutory framework that will greatly affect the rights of First Nations.

There are a number of key messages here, including the reference to the need for meaningful consultation. He acknowledges that there are problems, and that one of those problems is the unilateral imposition of this framework that would greatly affect first nations.

I would also like to quote Jody Wilson-Raybould, the B.C. Regional Chief from the Assembly of First Nations. She spoke to the problems with clause 3. She said:

These provisions essentially give the minister the ability to impose core governance rules on a First Nation, which, if ever used, would be resented by that First Nation, would not be seen as legitimate in the eyes of that nation, and would probably add fuel to an already burning fire.

Ultimately, each nation must, and will, take responsibility for its own governance, including elections.

Tammy Cook-Searson, Chief of the Lac La Ronge Indian Band, noted:

My main objection to this bill is the lack of positive change from the old Indian Act. Neither the Indian Act nor Bill S-6 incorporate the constitutional principles of the inherent right to self-determination and governance. The authority in this bill remains with the cabinet and the Minister of Aboriginal Affairs and Northern Development Canada instead of moving towards a greater responsibility with First Nations for our governance.

Aimée E. Craft, chair of the national aboriginal law section of the Canadian Bar Association, came to the Senate committee on February 29 and presented, saying:

[D]ealing with the level of ministerial discretion to include First Nations in the schedule of participating First Nations, this changes the opt-in nature of the legislation. It continues minister discretion to exercise control over First Nations governance and it would result in some First Nations being subjects of the act rather than participants. In addition, the bill lacks clarity as to the standard that the minister will apply in making determinations about what constitutes a protracted leadership dispute that has significantly compromised the governance of a First Nation.

These are first nations leaders, and Aimée Craft is a specialist when it comes to the legal aspect of the bill. They all express serious concern about a number of points in Bill S-6.

It was also noted that:

Ultimately, how attractive this legislation will be to any First Nation will depend greatly on what is, or what is not included or provided for within the Regulations. However, it should be kept in mind that Regulations are designed and intended to be amended easily and quickly. Therefore, while a First Nation may opt into the First Nations Elections Act on the basis of what it considers to be attractive Regulations, there is no guarantee that the Governor in Council will not change those Regulations to something that a First Nation may find less appealing.

There are a number of concerns. What I find extremely problematic here is the Conservative government's continued approach in imposing legislation and refraining to hear from first nations on very serious matters that have everything to do with their capacity to be self-determining for their own people, yet the Conservatives turn around and use broad-sounding language that may sound great to a lot of Canadians but that certainly hides the true facts.

I think of the first nations that I have the honour of representing and the kinds of challenges that I have heard from people when it comes to their election systems and the barriers they face when it comes to the Indian Act.

I know that the Conservative government has also jumped on the bandwagon of critiquing the Indian Act, yet it is ironic that so many first nations point to the Indian Act as being a colonial tool that oppresses first nations further.

Is imposing legislation on first nations not a sign of further oppression? Is that not a sign of that spirit of the Indian Act that sets out to impose systems and attitudes from the outside upon first nations?

The imposition of legislation without proper consultation, without heeding the calls for changes to this legislation, speaks to the attitude that the federal government somehow knows better than first nations, that somehow it can intervene and fix what is happening.

If there is anything that we have learned from history, it is that such an attitude will not get us anywhere, that it will further marginalize and disempower first nations. That is something I hope would cause some real concern among government members and would cause them to think twice about what they are doing on bill after bill.

Many government members, as was evident in the debate around Bill S-2, represent first nations. What are they hearing from their members? There are repeated messages of repealing the Indian Act and putting an end to the kind of oppression that has been imposed by a history of federal governments, by the Crown, but this is not the answer.

First nations must be at the centre of the future that they carve out for their communities. First nations must be at the forefront. The issues of governance and elections are fundamental to first nations' capacity to determine their own future. Instead of imposing legislation, the Conservative government ought to sit down with first nations and make changes that reflect their needs and their voices.

Unfortunately, we have not seen that kind of attitude from the federal government. Instead we see a continued attack against first nations in bill after bill. These bills fly in the face of respecting first nations' treaty and aboriginal rights and they fly in the face of the UN declaration on indigenous peoples. They disregard the serious concerns that first nations are bringing forward as they demand that the federal government step up and take leadership.

On the issue of elections, I have heard a lot of concern from first nations that they simply do not have the capacity to put forward the kind of governance plan that they would like. That lack of capacity is fundamentally tied to the lack of funding and the cutbacks that we have seen by the federal government, building on cuts by previous Liberal governments when they froze funding to first nations at 2%. Now we are seeing cuts to advocacy organizations that also are involved with service delivery in education, training, housing and health.

First nations have always extended a hand out. They want to work with the government. They want to make change in their communities. We in the NDP are proud to stand with them in opposition to Bill S-6. We call on the government to change course and truly begin a new relationship with first nations people in this country.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, in addition to providing transparency and accountability, Bill S-6 would do something that would be more important. It would give first nations communities hope that they could take advantage of the great opportunity we have in our great country.

One of my favourite responsibilities as a member of Parliament, and I know this relates to a lot of members, is going to new citizenship swearing-in ceremonies and seeing new citizens who are coming to the country to escape persecution and despair. They are coming for the great opportunity the country offers, both for themselves and for their children. What we need to do is not only say that people from other countries who come to Canada can have hope and opportunity, but the people and first nations of our country can live here with great dignity, hope and opportunity.

Bill S-6 would do that.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, that is exactly what we are doing. We are giving first nations communities the option of adopting Bill S-6 and getting out from under this old relic of the Indian Act. We are giving them accountability and transparency and we are providing them with the tools they need to create a modern community that will attract the investment and business that will create jobs within their communities.

We consulted widely on this bill. The Senate found that the Atlantic and Manitoba chiefs were fed up with the current Indian Act electoral system. That is why many residents on reserves are in favour of Bill S-6.

This is why I encourage all members in the House to not to keep the current paternalistic system, which is a relic and a dinosaur, and support Bill S-6 so we can give first nations the dignity they need to prosper in our great country.

[Mark Adler, Conservative, York Centre, ON]

Mr. Speaker, it is my great pleasure to make my remarks following the member for Ottawa—Orléans, a very distinguished member of the House and the finest member Ottawa—Orléans has seen in the history of our great country.

It is a great pleasure for me to speak today in support of Bill S-6, the first nations elections act. Everyone agrees that the Indian Act is an outdated paternalistic piece of legislation that is holding back first nation communities from achieving their full potential.

By way of history, the Indian Act was first introduced in 1876, some 137 years ago. While it has undergone several amendments and reforms, the act, including the provisions related to elections, has remained largely untouched since 1951. More than just being restrictive and paternalistic, the Indian Act undermines the ability of first nations to manage their own affairs, whether we talk about elections or pursuing economic development opportunities. This outdated act puts up roadblocks at almost every turn as first nations strive to achieve greater self-sufficiency.

Yet, still today, in the year 2013, the vast majority of Canada's 633 first nations communities continue to be governed by this colonial act. As a result, it continues to pervade almost every aspect of life for first nations communities, from Indian status, land resources, wills and education, to band administration and so on.

That is why legislative initiatives over the years have focused on addressing the many shortcomings of the outdated Indian Act. Our government is determined to remove the obstacles that stand in the way of the success of first nations. Rather than trying to manage their lives through the antiquated Indian Act, our government believes we need to provide first nations with the modern tools they need to get out from under this act in order to shape a better future for themselves and their children.

Nowhere is this more apparent than in the area of governance. As my House colleagues will agree, good governance is the foundation of any stable self-sufficient community, whether a first nation or any other jurisdiction.

Bill S-6 would provide first nations with the option to circumvent the limitations of the Indian Act that govern elections on reserve. It would provide first nations looking for an alternative to the current election system with a new option that would create a consistent, reliable framework that communities can use to elect strong, stable and effective governments. The bill makes it possible for first nation communities that opt in to take advantage of its provisions to hold fair elections that would lead to transparent and accountable governments.

There are currently 238 first nations that hold their elections under the Indian Act. The other first nations have either established a custom community code or govern themselves under a self-government agreement that sets out their own leadership selection system.

Unfortunately, due to varying capacity, not all of these options are currently available to all first nations. What is more, sometimes none of these options suit the needs of a particular first nation community. In fact, that point was made in the course of testimony before the Standing Senate Committee on Aboriginal Peoples. It is further reinforced by the fact that about two first nations a year convert from the Indian Act election system to a community election code. In the Atlantic region, not a single first nation has converted from the Indian Act electoral system in over 10 years.

Even more telling, frustrated first nations in several regions took it upon themselves to force change. There are two organizations that deserve special recognition and praise for making Bill S-6 a reality, and they are the Assembly of Manitoba Chiefs and the Atlantic Policy Congress of First Nations Chiefs.

This legislation before us today reflects the ideas and improvements brought forward by the two regional first nations organizations that worked together on this important initiative. In fact, before developing this legislation, first nations all across the country had a chance to have their say about what is wrong with the current system and what is required to make it right.

Now I would like to explain how governance will improve in communities that choose to adopt the first nations election act. I want to stress the word “choose”, as this legislation would be entirely optional.

However, before I list its many advantages, it is essential to review the major complaints regarding the current Indian Act electoral regime and what first nations leaders and residents have told us needs to be fixed.

At the top of the list is the current requirement to have elections every two years. This hinders first nations chiefs and councillors from carrying out long-term projects. It also gives them very little time to work with partners and investors who take advantage of job-creation possibilities to improve the lives of their residents. Instead of pursuing such promising opportunities, most chiefs and councillors must start planning for the next election almost as soon as they have won at the ballot box.

That is not the only problem. The existing mail-in ballot system is also open to abuse and the current system's questionable nomination process enables candidates who are neither dedicated to running nor serious about serving to put their names on the ballot.

The challenges do not end there. Without defined offences and penalties, it is nearly impossible to prosecute corrupt practices and, if corrupt, illegal or abusive acts are alleged, federal officials must oversee a lengthy appeals process. No wonder the Atlantic and Manitoba chiefs are fed up.

Those first nations that adopt Bill S-6 will no longer need to tolerate such situations. This legislation would offer them a much better alternative. It would provide first nations with a choice of new tools to use if their communities decided they wanted to adopt them as a more responsive to their needs.

This is a modern law, more in step with the times. It is legislation for the 21st century, not the 1950s.

To address one of the most frequent complaints raised in first nations communities all across the country, the proposed first nations elections act will permit chiefs and councillors to be elected to office for four years. Band councils will be able to get beyond electoral gridlock and undertake multi-year planning to improve the lives of their citizens. A longer term will empower first nations leaders to lay the groundwork for the community to become opportunity ready, with stable, efficient and predictable investment climates that are attractive to businesses and investors.

Another big improvement in Bill S-6 provides that it will encourage more serious and dedicated leaders because of a more stringent nomination process. First nations can impose a fee of up to $250 to eliminate frivolous and uninterested candidates and they can require written acceptances from candidates to remove people with no desire to run for office from the ballot. It will also ensure that no individual will be a candidate for more than one office at the same election. What this means is that there will be much less chance of corrupt election practices in communities that adopt Bill S-6.

Some of the most important provisions of this bill relate to new offences and penalties, something which does not exist under the Indian Act election regime. This legislation outlines specific offences and ties penalties to each. Under the provisions contained within Bill S-6, first nations authorities could lay charges for illegal activity in connection with first nations elections. Moreover, they would have the backing of the courts to impose fines and jail sentences of those convicted.

Bill S-6 reflects our government's commitment to work with first nations to develop an alternative to the outdated Indian Act elections system to strengthen band elections. If first nations are convinced this is the right way to go, parliamentarians should follow their lead.

I therefore encourage all parliamentarians to support Bill S-6 so first nations can look forward to the 21st century with greater confidence.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, the Indian Act election system contains several weaknesses that contribute significantly to unstable first nations governments. Among these principal weaknesses is the two-year term of office. The short period of time simply does not allow first nations to plan and implement important long-term projects for the benefit of their members. In many cases, when an election is held and the leadership changes, progress can be set back. This instability does not make first nations attractive for long-term investment.

I would like to ask my hon. colleague why it is so necessary for Bill S-6 to go through right now.

[Royal Galipeau, Conservative, Ottawa—Orléans, ON]

Mr. Speaker, although I found it a little difficult to understand the member opposite, I must say that Bill S-6, which we are currently debating, clearly responds to the concerns raised by band chiefs, councillors and residents of reserves.

It is a way to make band elections democratic and to give responsibility to first nations peoples, rather than having the minister remain in charge. The people living on first nations reserves, not the minister, will make the decisions.

[Royal Galipeau, Conservative, Ottawa—Orléans, ON]

Mr. Speaker, Bill S-6 would make a positive difference in the lives of first nation citizens. As the government has articulated clearly, this bill would enable first nations to build stronger, more accountable governments that would lead to better futures for themselves, their families and their communities.

Before I go on, I would like to advise the House that I plan to share my time with the most distinguished and most effective member in the history of York Centre.

Bill S-6, which henceforth shall be known as the First Nations Elections Act, will give individual band members an electoral system they can trust.

When they exercise their democratic rights, they will have the confidence that they are doing so within a strong system that is available to Canadians at elections held at all other levels of government: federal, provincial and municipal.

Bill S-6 is about empowering first nation people with the tools they need to hold their own governments to account and make informed decisions about their leadership.

It is about ensuring that chiefs and councillors have the legitimacy and political stability they need to make the best decisions on behalf of their communities.

In essence, you could say it is about building trust, respect and confidence in the local leadership and the system used to elected them.

However, the proposed legislation does not just empower first nation citizens. It offers a viable alternative to some of the most objectionable parts of the Indian Act related to elections, which hinder the ability of a first nation's leadership to improve the well-being of its community, or attract and create economic and investment opportunities, for that matter. Let me explain some of those shortcomings and how this has impacted first nation governments and communities.

The first serious failing of the Indian Act is that it limits the term of office for elected officials to just two years. In contrast, federal, provincial and most municipal governments generally have terms of four years.

Two-year election terms place first nation chiefs and councillors in a state of constant electioneering, like having constant minority governments.

This prevents first nation leaderships from focusing on the long term and does not provide enough time to plan for and implement long-term initiatives. Almost as soon as they are elected, band councils turn their minds to the next election.

As a result of this short-sightedness, first nations governments often fail to build a proper foundation for community development. This concern has been expressed by both first nations governments and residents, who lament that this failing has created conditions of instability and missed opportunity.

All of this has a direct bearing on economic development and job creation. Private sector interests hesitate to invest in such uncertain conditions. At the end of day, it is first nation communities—and first nations men, women and children—that pay the greatest price for this instability in the way of missed business development and employment opportunities.

The first nations' next bone of contention with the electoral system under the Indian Act is the process for nominating candidates, or should I say, the lack thereof. Provisions in the Indian Act allow elections to go ahead, even if the nominated person has no interest in running for office or, as sometimes happens, is unaware that his or her name is on the ballot.

By the way, we used to have this problem in Ontario. Ninety years ago, my grandfather was elected reeve of a local township. He had to cancel his election the next day, because he did not seek the office.

Once people are nominated, their names automatically appear on the ballot, unless they withdraw in writing. If the ballots are already printed, a name stays on the ballot even if the candidate has withdrawn.

Therefore, people with no intention of serving on council can find themselves in this position, and may even be elected, but not wanting to serve. This happened to my grandfather 90 years ago.

That is not the only issue. The Indian Act and the Indian Band Election Regulations also permit the same person to be nominated for both chief and the councillor positions.

Furthermore, there is no limit on the number of candidates that any one person can nominate. It is not unheard of to have up to 100 people vying for a handful of positions on council. All of these issues would be resolved with the passage of Bill S-6.

Another concern that came up over and over relates to the mail-in ballot system under the Indian Act.

We have all heard stories of people whose names were on the band voter list who sold their ballots to others. Unfortunately, these are not just rare occasions. Research suggests that in some parts of the country, the alleged buying and selling of mail-in ballots has been widespread. Since the band council provides electoral officers with a list of addresses for mail-in ballots that may or may not be accurate or up to date, situations like this can easily take place.

First nations electors and leaders have made it clear that they want a more rigorous process, one that assures them that ballots will only be mailed out to, and cast by, eligible voters.

These concerns are compounded by the fact that the Indian Act does not include any offences and penalties for fraudulent activity connected to the electoral process in first nation communities. At the moment, anyone wishing to cheat the system is free to do so. If these same activities were to take place in the context of a federal, provincial or municipal election, the individual would be subject to criminal prosecution.

Why do first nations people expect less? They do not.

Finally, under the Indian Act, the power to investigate and make decisions about the validity of election results rests with the minister. This takes us back to a time when it was believed that the minister was the best person to oversee matters of band governance. This government does not agree. We believe that first nations communities, not the minister, are best placed to make informed decisions about their own leadership and that first nations governments are best placed to make decisions about their own affairs. That is why we want to empower them with the tools they need to hold their own governments to account.

In addition, the existing appeal system under the Indian Act is deeply flawed. It is incredibly complicated and lacks sufficient rigour and transparency to be effective.

In addition, the existing appeals system under the Indian Act is deeply flawed. It is incredibly complicated and lacks sufficient rigour and transparency to be effective.

That is why Bill S-6 introduces several improvements, as an alternative to the Indian Act, that will better respond to the request of first nations for a more rigorous and reliable elections system.

This bill, and Bill C-27, the first nations financial transparency act, which received royal assent earlier this year, help to create the conditions that will encourage stronger, more stable and effective first nations governments, based on principles of accountability and transparency. Let me briefly highlight the main advantages of this bill for first nations that choose to opt in to these provisions.

First, the proposed legislation provides for longer terms of office.

Second, Bill S-6 would offer a more robust process to nominate candidates. First nations would be free to bring in a fee for candidacy. An anomaly, such as one person being elected to both positions of chief and councillor, would be eliminated.

Third, it outlines penalties for defined offences, such as obstructing the electoral process or engaging in corrupt or fraudulent actions, similar to those found in other election laws.

Fourth, it removes the minister’s role in the election process. The minister would no longer be involved in election appeals or the removal of elected officials. Those decisions would be made by the courts. I urge all members of this House to support the swift passage of this important legislation.

In closing, I would like to remind my colleagues that next Friday, June 21st, will mark National Aboriginal Day in Canada.

This date was chosen because it coincides with the summer solstice, a time when many aboriginal peoples celebrate their culture and rich heritage.

That morning, at seven o’clock, we will meet next door at the Château Laurier for the first National Aboriginal Parliamentary Prayer Breakfast.

That evening, at 10:45, there will be a wreath-laying ceremony at the Aboriginal Veterans National Monument in Confederation Park, on Elgin Street.