Mattagami First Nation
First Nations Election Act Information Portal
About the Mattagami FNEA site
Mattagami First Nation is considering a new election process for next election, in 2023. We would like to move away from the Indian Act and into the First Nations Elections Act. In the longer term, we would like to develop our own customary election code and other laws to enhance our exercise of self-determination.
We are currently providing community members with information about the change from the Indian Act election system to the First Nations Elections Act, and we are looking for your feedback.
The biggest change under the First Nations Elections Act would be four year election terms (rather than two-years under the Indian Act). Also, candidates could only run for chief OR councillor, but not both. Scroll down for more details and how you can get involved.
First Nation Leadership Selection
First Nations select their Chief and Council in one of four ways:
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Pursuant to the Indian Act and the Indian Band Election Regulations;
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Pursuant to the First Nations Elections Act and the First Nation Election Regulations;
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Pursuant to a community constitution which is negotiated and entered into as part of a self-government agreement;
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Pursuant to traditional, customary governance codes that are grounded in band custom.
Mattagami First Nation currently selects their Chief and Council pursuant to the Indian Act. For a First Nation to move from the Indian Act to the First Nations Elections Act (“FNEA”), the First Nation will have to pass a band council resolution and become listed on the FNEA schedule listing all First Nations who have opted in. The Minister of Indigenous Services can also put a First Nation under the FNEA if the First Nation is in a “protracted leadership dispute” or if the First Nation has “significantly compromised governance”, or if the First Nation has had a “corrupt practice” in connection with an election.
An election under the FNEA should take place prior to the Indian Act election term expiration. The Mattagami First Nation election will expire in the fall of 2023.
Once a First Nation is out of the Indian Act election system, it cannot return. It only has the option of continuing with the FNEA or adopting a customary election code.
What changes under the the FNEA?
The major changes between the Indian Act and the First Nations Election Act:
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There is a four-year term for Chief and Council (rather than a two-year term as under the Indian Act).
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A member cannot be a candidate for both chief and councillor in the same election.
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A member must consent to being a candidate before their name is put on a ballot.
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Only members of the First Nation can run for and be selected as Chief.
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An Electoral Officer can order a member to leave a nomination meeting if they are behaving in a disorderly manner, lie about a candidate withdrawing, or if they are intimidating or using duress in connection with nominations. There are a variety of penalties and enabling charges in connection with these defined offences.
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The Minister has no more power to investigate election disputes. Instead, election disputes or appeals are handed directly by the Courts (Federal Court or Superior Court of Justice) and must be filed within 30 days of the election.
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A minimum of six First Nations can lineup their election days and create a “common election day”.
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A First Nation can charge a candidate a candidacy fee of up to $250 for every candidate for election as chief or councillor, which will be refunded if the candidate receives at least 5% of the total votes cast.
Matters not changed by the FNEA:
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The First Nations Elections Act does not provide for electronic voting.
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The size of the council is the same, but the First Nation can opt to reduce the size of the council by two.
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The powers of the council are the same.
I want to know more!
Join us for an in-person community information session on Tuesday, November 15th, 2022 at 6:00 pm.
An information session for staff will be held on Wednesday, November 16th, 2022 at 10:00 am.
Four on-line information sessions will be held by zoom ((https://us02web.zoom.us/j/7593261192) on the following dates:
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Tuesday, November 22, 2022 at 4:00 pm
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Wednesday, November 23, 2022 at 10:00 am
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Wednesday, November 30, 2022 at 10:00 am
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Wednesday, December 7, 2022 at 6:00 pm
If you need more information, please email Nicole Richmond, Mattagami First Nation lawyer and governance consultant, at nicole.richmond@nish-law.com.
What happens next?
After community engagement is complete, our governance consultant will prepare a report to chief and Council reporting on feedback received at the sessions.
Based on that feedback, our governance consultant will make a recommendation to Chief and Council about proceeding with the First Nations Election Act or not.
If Mattagami First Nation chooses to enter into the First Nations Elections Act, a band council resolution will be passed and will be forwarded to the Department of Indigenous Services and Mattagami First Nation will be added to the schedule of First Nations under the FNEA. For a current list of First Nations who are listed on the First Nations Elections Act schedule, please click here.
Contact
Nicole Richmond
Mattagami First Nation lawyer and governance consultant
8076338088