Off-reserve band members win voting rights - Federal court rules 1951 Indian Act amendment invalid

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A federal court ruling allowing off-reserve Natives to vote in band elections will have negative ramifications for First Nations across Canada, an Ontario chief said.

Justice B.L. Strayer ruled Sept. 9 that Section 77(1) of the Indian Act, which limits full voting rights in band elections to on-reserve band members only, was invalid.

But changing that law and giving off-reserve members a full vote could result in the loss of reserve lands, Batchewana Chief Vernon Syrette said.

"The ramifications are much more than winning the right to vote," he said. "There is a real possibility that because of their ignorance of conditions on the reserve, (Off-reserve) members could vote to sell the reserve. There has to be an education process."

The action was brought against the Crown, the Department of Indian Affairs, the Canadian Attorney General and the Batchewana four band members representing themselves and all-non residence band members. John Corbiere, Charlotte Syrette, Claire Robinson and Frank Nolan insisted that the band's customs always allowed off-reserve members to vote in spite of Section 77(1).

Only 454 of the band's 1,426 members live on the Batchewana Reserve, about 70 km north of Sault Ste. Marie. The rest live in Salt Ste. Marie in Ontario and Michigan and in other communities in the area.

Denying off-reserve band members the right to vote under Section 77(1) has a "native impact" and does not represent a reasonable limitation of their rights, Strayer said.

Off-reserve band members have only been denied voting privileges Indian Affairs since 1951, when the Indian Act was amended to require that members voting in band elections had to be "ordinarily resident on the reserve."

Such a limitation was not a problem before 1985 because most band members -

69 per cent - were living on the reserve, Syrette said. But when Bill C-31 was passed that same year, band membership grew from 543 to 1,4267 with most living off the reserve.

Families that had lived on the reserve their whole lives were suddenly forced to share their space with C-31 "squatters", who thought everything on the reserve was provided for, he said.

"The government said we wouldn't suffer under C-31," Syrette said. "But the fact is, we are suffering. There is animosity among people."

Council has no immediate plans to fight the ruling, he added.

"I'm not really upset about it," he said. "It will be an issue I'll have to deal with for a while."

A spokesman for Indian Affairs said Strayer's decision is currently under review the department.