Thank you, Mr. Chair. Members of the committee, I am very pleased to be here today to address Bill C-9, the first nations elections act.
As you all know, our government has been working closely with first nations to bring about real improvement to the election process for first nations and this has been going on for over five years. Indeed, this legislative proposal has been largely driven and led by first nations, in particular the Atlantic Policy Congress and the Assembly of Manitoba Chiefs under the then leadership of Grand Chief Ron Evans.
These two organizations first came to our government in 2008 when they told us their views about the current Indian Act elections system which, in their view, was simply not working for them. They said they would rather have another option to the current Indian Act election system.
It is their efforts over the past five years that have led to the development of the proposed first nations elections act that is before you today in the form of Bill C-9. Both organizations first engaged in their own regions of the country, then subsequently with first nations organizations and leaders in other provinces to develop recommendations for a better election system than the one operating within the Indian Act. It was these recommendations that formed the basis of the bill you see before you today.
Mr. Chair and member of the committee, I think it is time we passed this bill into law so that first nations can take advantage of the benefits it has to offer.
In fact, just recently, I received a letter from the Atlantic Policy Congress of First Nations Chiefs wherein they reiterated their strong support for the First Nations Elections Act and further stated that this bill would ... help reform elections by creating the political stability needed to effectively implement long-term community plans and build the confidence in governance that should result in increased economic opportunities and development for first nations who choose to opt in to the legislation.
I also received a letter from former Grand Chief of the Assembly of Manitoba Chiefs, Ron Evans, who stated that ... when enacted, Bill C- 9 will change the way first nations are governed, create stability and credibility, strengthen self-governance and allow first nations to move forward.
As my colleagues are aware, there are currently three ways in which first nations select their leadership in Canada: 343 conduct elections under their own community or custom election codes; 238 conduct elections under the Indian Act; and 36 conduct elections under self-government agreement provisions.
And what we heard from first nations during these consultations is that transitioning to a community election code or to a self-government agreement is not a viable option for them, but that they wanted a strong, viable legislative alternative to the Indian Act.
That's exactly what this bill does. It provides first nations that so choose with another alternative that addresses the many weaknesses of the Indian Act election system. It is important to understand that no one is obligated to participate; first nations who want to adopt the election system under the legislation may do so.
I want to take a moment, Mr. Chair, to highlight some of the weaknesses in the Indian Act that the first nations elections act seeks to address.
First, the election terms under the current act are too short. The Indian Act requires that first nations communities hold elections every two years. Let's be realistic. Two years simply does not provide enough time for first nations leadership and council to plan for and implement long-term community development projects and take full advantage of emerging opportunities to improve the lives of the people in their communities. It really puts first nations in perpetual election mode and it has been expressed time and time again that changes are desperately needed to lengthen the election term.
The first nations elections act would provide for a term of office of four years and would also enable six or more first nations communities to line up their terms of office and hold elections on the same day, also referred to as “common election day”. This is something that the Assembly of Manitoba Chiefs in particular had identified as the major impetus for calling for changes to the current Indian Act election system.
Second, rules are lacking regarding the nomination of candidates and mail-in ballots. For example, there are absolutely no eligibility requirements in order to be nominated for chief, and individuals can be nominated for both chief and councillor in the same election. This bill would provide clearer rules regarding eligibility for nominations and for the making of regulations that address many issues surrounding the nomination of candidates and mail-in ballot voting that commonly surface at elections held under the Indian Act. We are committed to developing these regulations in partnership with first nations.
This bill would provide for clearer rules regarding eligibility for nominations. It would also provide for the making of regulations that could address many of the issues surrounding the nomination of candidates and mail-in ballot voting that commonly surface with respect to elections held under the Indian Act.
Third, unlike the Canada Elections Act, the Indian Act does not set out any offences or penalties for election-related abuses. The Indian Act does allow for the removal of an elected official from office if they are guilty of engaging in a corrupt practice in relation to an election, but there is no fine or additional penalty such as imprisonment.
There is also absolutely no penalty for a non-elected official that engages in election-related abuses such as buying votes, using a forged ballot or obstructing the conduct of an election. This system allows for serious offences to go unpunished, which is an encouragement rather than a needed deterrent.
This bill would rectify this unacceptable legislative gap and provide for defined offences and penalties surrounding questionable and fraudulent activities, such as vote buying, using intimidation and obstructing the electoral process.
Fourth, election appeals under the Indian Act currently go to the minister, not the courts. This is paternalistic and frankly not a business I think that the minister should be in. This bill would remove the minister from the equation and ensure that appeals are dealt with by the courts as is the case for many other levels of government in Canada.
Mr. Chair, I am sure my honourable colleagues would join me in expressing our appreciation to these first nations leaders—some of whom I know you will be hearing from later today—for their important work on this bill. They saw the need to reform their election system and then took action to bring about practical changes. All the credit should go to them, and they deserve our support in passing this bill swiftly into law.
Thank you. I would be pleased to answer any questions committee members may have on this legislation.
