Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Some First Nations use the election rules in the Indian Act to elect Councils.
There are very few First Nations in Saskatchewan that use Indian Act election rules, but there are some. Under these rules Elections are held every 2 years by secret ballot. Any member 18 or over can vote. Councillors and Chiefs are chosen by a majority vote.
Elections were not always held every two years under the Indian Act. At first they were held every year which was later changed to every three years. Since 1951 the Act has required elections every 2 years.
Who Can Run For Councilor or Chief?
Any member of the First Nation who is nominated can run. Anyone who can vote can nominate a candidate in writing or in person at a nomination meeting. To run, people must be nominated by two voters.
How Can an Election Be Challenged?
There is no process for a recount. Any voter or candidate can appeal an election of the Chief or a councillor within 45 days of the election. The person must believe one of these things happened:
- there were corrupt practices
- the rules were not followed, and this could have changed the outcome
- a person who was not allowed to run for election did
The Minister of ISC can investigate or have someone investigate if more information is needed. If the Minister is satisfied that one of these things happened, they make a report to the Governor in Council. The Governor in Council can then set aside the election.
Can a Chief or Councillor be Removed Before Thier Term Ends?
Chiefs and councillors no longer hold office if they die, resign or are convicted of a serious criminal offence. The Minister of ISC can remove a person from office if they have committed corrupt practices in connection with an election or missed three meetings of council in a row without permission from the council.
