How Are First Nation Councils Chosen?

There are a number of ways for a First Nation to chose a Council and their Chief.

For some First Nations, the Indian Act rules about choosing a First Nation Council by election still apply. First Nations can decide to use the First Nations Elections Act or a Community Code created under that Act instead. First Nations can also decide to use their own customary law. 

There are First Nations that are no longer covered by the Indian Act and related laws. Instead, they have a Self-Government Treaty. Laws about elections are then passed by the First Nation. They can deal with all parts of elections including how often they are held and who can run and vote.

Indian Act Elections

Some First Nations use the election rules in the Indian Act to elect Councils.

First Nations Elections Act

A First Nation Council can pass a resolution to use the First Nations Elections Act instead of the Indian Act

Customary

A First Nation Council can be chosen based on the custom of the First Nation.

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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

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The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.