Photo: Fraser Institute

Custom-made election systems for First Nations, instead of Indian Act rules, may lead to more abuse of power and discrimination, according to a study released by the Fraser Institute.

The study finds that 57 per cent of First Nations in Canada have discarded the Indian Act election system and created their own rules for chief and council elections.

“Before committing to custom election rules, First Nations should fully understand the bad as well as the good inherent to any new rules they create,” said Tom Flanagan, Fraser Institute senior fellow and professor emeritus of political science at the University of Calgary.

According to the study, some First Nations have tried to ban members who live off-reserve from running, or even voting in band elections in violation of the Charter of Rights and freedoms.

“As First Nations move away from Indian Act election systems and work towards better self-government, enshrining rights in law and preserving the integrity of the election process would be a good step towards improving community well-being,” said Joseph Quesnel, Fraser Institute senior fellow and study co-author.

“Good government, which can unlock economic potential and improve members’ standards of living, should be the goal of all First Nations election reforms.”

The study finds that First Nations should adopt constitutions to help protect election systems from abuse and reduce the use of the courts to settle election disputes.

This process is costly but also destabilizing for the First Nations community.

Lastly, the study says the federal government must help make sure any movement toward custom election systems improves Indigenous well-being.