I've heard an assertion that the minister has exercised past practice to take a community out of custom code and put them in an Indian Act election on three occasions since 1876. I would recommend to anybody hearing this that they get specific reference points to those three occurrences, because I do still maintain that the minister does hold the broad discretion.
I also question whether it makes sense that a duly vetted, legitimate custom code that has received the consent of the people be subjected to an opt-in band council resolution from the chief and council of the day to accept the new legislation. Does that make sense? I don't think it does.