Frequently Asked Questions (“FAQs”):

Why is CPFN amending their Election Code?



On June 7, 2021, the Federal Court of Canada held that the eligibility provision of CPFN’s Election Code (the “Election Code”) that required both voters and candidates to reside on-reserve for a period of 6 months before an election was unconstitutional because it discriminated against off-reserve voters.

CPFN’s Chief and Council wish to amend the Election Code to ensure that it complies with CPFN’s traditional customs and practices including on-reserve engagement and participation.

Further, CPFN wishes to update its Election Code to include specific timelines and procedures that must be followed during the election process to ensure consistency and transparency in its elections.

What is required to approve the amendments to the Election Code?



In order to amend the Election Code a referendum vote must be held. Both on and off-reserve members will participate in the referendum.

Amendments to the Election Code can be approved by either:
a majority of all CPFN electors at the first vote; or
a majority of the CPFN electors who participate in the referendum on a second vote

But, a second vote can only be held if the majority of electors who participate in the first vote are in favour of the amendments.

This means that, if a majority of CPFN’s electors do not participate in the first vote but a majority of those who participate vote in favour of the amendments, then a second vote will be held. For example, if CPFN has 500 electors and only 200 participate in the first vote (not a majority of all electors) but out of those 200 voters at least 101 vote in favour (a majority of the electors who participated) then CPFN can proceed to a second vote.

Amendments are approved at a second vote by simple majority which only requires that a majority of electors who participate in the referendum vote in favour. For example, if 100 people show up to vote and at least 51 vote in favour the proposed amendments will be approved.

What will happen if the amendments to the Election Code are not approved?



If CPFN’s amendments are not approved, then CPFN’s current Election Code will continue to govern CPFN’s elections.
However, as a result of the Federal Court striking the requirement for voters and candidates to reside on reserve for 6 months before an election CPFN’s off-reserve members are eligible to vote and run for office in CPFN’s elections under the current Election Code.

CPFN’s off-reserve members are also eligible to vote and run for office in CPFN’s elections under the proposed amendments to the Election Code.

Where can I view a copy of the proposed amendments to the Election Code and provide feedback?



Both the proposed amendments to the Election Code and the current Election Code can be viewed on CPFN’s website at http://www.cpfn.ca. Members will also have the opportunity to provide feedback on the proposed amendments to the Election Code by sending their comments to cpfnelections@cpventures.ca by December 24, 2021.



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