To the Editor:
It's hard to decide whether to be happy that Canadian senators are addressing a huge problem poisoning reserves, or weep at the ignorance this recent Senate report has revealed.
A Senate committee on aboriginal peoples released a report on band elections in mid-May called First Nations Elections: The Choice is Inherently Theirs. Although the report is flawed, one useful idea does suggest happiness should prevail.
First Nations elections have been a huge problem for years. A full year of hearings determined change is long overdue. No kidding.
Just ask many people who live on reserves how their band elections are conducted. Their answers to the following questions would be quite informative: Are they transparent? Is vote buying occurring? Are the best people seeking office? Are voter's lists being manipulated? Do they trust the electoral officer appointed by their chief and council? Are dead people on voter lists?
Be prepared to listen for a couple of hours as they relate the shenanigans of those who care nothing for justice or doing the right thing. Often, First Nations elections are about scrambling to get the best-paying jobs on the reserve with all the attendant perks.
Not all First Nations hold questionable elections, of course. In fact, some reserves could serve as models for democratic election practices. But corruption does occur and is even occasionally reported in the media.
For example, there are reports of deceased voters apparently casting ballots for winning candidates at Roseau River, Peguis, Norway House and Little Saskatchewan.
There have also been stories of the names and addresses of off-reserve voters usually being available only to incumbent council members. This way, incumbents are the only ones who know exactly where to go to campaign for these voters.
Contesting elections can take years to work through, as documents and hearings wind their way through the band process and then the Federal Court. During that time, people take sides, relatives and friends become bitter enemies and supporters of the losing candidates become have-nots while the supporters of winning candidates reap all the benefits.
Some suggestions to ameliorate the situation have been put forward however.
For example, an article in a native newspaper said Canadian bands should design their own codes for custom elections, which would allow voters to combine traditional and contemporary governance. The problem with this solution, however, is that many native bands are already doing this. Many have already reverted to band custom elections as allowed by the Indian Act election system. They develop their own constitutions and election codes.
The news story went on to say that "another proposed and high-priority change would be a switch from holding elections on reserves every two years, to holding elections every four years." Again, this is already happening. Currently, bands holding band custom elections have the ability to switch to four year terms of office and most - including Norway House Cree Nation in Northern Manitoba - have done so.
The only new, long overdue change that the Senate report proposed is the creation of "a streamlined national or at least regional appeals commission (to) provide oversight to whatever system different communities come up with."
While a good idea, such a commission would undoubtedly soon become one of the busiest in existence with its staff quickly becoming severely overworked and stressed out unless improved regulation of band elections is implemented.
Such a commission must also be adequately funded and those appointed to oversee its operations must be independent from political interference by aboriginal organizations. There must be no possibility of staff being terminated for simply doing their jobs in the best interests of all First Nations people.
The native elite will no doubt question the need for such an oversight commission, saying we aboriginal people can manage our own affairs. But if that is true, why is their silence so deafening when a band election is being appealed and it is seeking third party oversight? Indian Affairs bureaucrats will also no doubt oppose it. For many, their jobs depend on band councils being dysfunctional.
After all, heaven forbid natives become truly self-sufficient and self-governing.
Don Sandberg, Frontier Centre for Public Policy.
