Election of National Chief

Election of National Chief

Election Rules The National Chief is to be elected by a majority of 60% of the registered representatives of First Nations convened for the purpose of electing a National Chief. The National Chief shall be elected for a threeyear term. 2

Election Rules continued Appendix A of AFN Charter Sets out process Appointment of Chief Electoral Officer Functions of the Chief Electoral Officer Timing of the election Nomination & endorsement of candidates Campaign expenses Conduct of the election Special Special Chiefs Assembly Chiefs Assembly 2013 May 27, 2014 Ottawa, ON Assemblée extraordinaire des Chefs 27 mai Assemblée 2014 Ottawa extraordinaire (Ontario) des Chefs 3 2013

Timeframes stipulated by the Charter The electoral rules for the Office of the National Chief are set out in Appendix A to the AFN Charter. 10 weeks prior to election: the appointment of a Chief Electoral Officer 8 weeks prior to election: the Chief Electoral Officer shall assume duties. 8 weeks prior to election: candidates can begin to submit their nomination papers. 5 weeks prior to the election: the nomination process closes and candidates nomination papers must be submitted to the Chief Electoral Officer. 4

Election in July 2015 The next AGA will be held in July, 2015. The election for the office of National Chief can commence on the morning of the second day of the Annual General Assembly. Should the First Nations-in-Assembly accept this option, the AFN would be able to fully meet all timeframes for the election of the National Chief as set out by the AFN Charter. Special Special Chiefs Assembly Chiefs Assembly 2013 May 27, 2014 Ottawa, ON Assemblée extraordinaire des Chefs 27 mai Assemblée 2014 Ottawa extraordinaire (Ontario) des Chefs 5 2013

Election in 2014 It is possible to hold an election before July 2015. The First Nations-in-Assembly will need to choose a date that will enable the AFN to meet all timeframes set out under the Charter for the election of the National Chief. A fall election also allows for the nomination process to be adhered to. 6

Election in 2014 Disadvantages of a 2014 election: May result in additional costs to AFN to host meeting and First Nation membership to attend such meeting. Article 22(2) of the Charter sets a three-year term for the National Chief. In order to return to a normal cycle of elections dates (a July AGA), the new National Chief s term would less than the full three years. 7

Election in 2014 Possible solution to a fall 2014 election pressure on the 3 year term: Resolution granting delegated authority to the AFN Secretariat to undertake an election other than an AGA under Art 7(2)(b) & (c) Resolution setting term of office. Term of office be communicated to all potential candidates seeking to run in the election. Each potential candidate be required to agree and consent to the established term of office in writing, as a precondition to their candidacy. 8

Final Considerations The AFN Charter recognizes that the First Nations have inherent sovereignty. By virtue of that sovereignty, the First Nation membership is the sole legitimate source of all delegated authority. It is plausible that if 60% of First Nations give direction to hold an election on an emergency basis that, in part, does not strictly conform to the timing provisions as set out in the Charter, the inherent exercise of authority by the First Nations would take precedence over the established rules, provided the decision meets the principles of natural justice and fairness (Article 2). 9