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ARTICLE · 26 JULY 2021

Lingering Effects Of COVID-19 On First Nations' Election Cycles

McCarthy Tétrault
McCarthy Tétrault
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Over the past sixteen months, the Government of Canada has taken significant steps to limit the spread of COVID-19. These steps have had wide-ranging effects, including on First Nations' governance.

CanadaGovernment, Public Sector
Canadian ERA Perspectives
Canadian ERA Perspectives
Kyle McMillan
Kyle McMillan
James Christie-Brooks
James Christie-Brooks
Author LinkedIn connections

Introduction

Over the past sixteen months, the Government of Canada has taken significant steps to limit the spread of COVID-19. These steps have had wide-ranging effects, including on First Nations' governance. The recent Federal Court decision of Bertrand v. Acho Dene Koe First Nation ("Bertrand") 1, examines some of these issues, including the legitimacy of regulations enacted under the Indian Act that purport to allow custom band elections to be postponed.

Background

Acho Dene Koe First Nation is an Indigenous community located in the hamlet of Fort Liard in the Northwest Territories. In the Spring of 2020, in response to the COVID-19 pandemic, Acho Dene Koe's Band Council adopted a resolution to extend the Council's term and postpone the spring band election until the fall (the "Resolution"). In September of 2020, the Council renewed the Resolution for an additional six months, bringing the total term extension to approximately one year. The Resolution

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