VOL. 5 • NO. 3 • NOVEMBER 2003

ELECTORAL ELECTORAL www.elections.ca

AboriginalAboriginal ParticipationParticipation inin ElectionsElections Contents VOL. 5 • NO. 3 • NOVEMBER 2003 1 Chief Electoral Officer’s Message 2 Aboriginal People’s Electoral Participation in the Canadian Community Alan C. Cairns Electoral participation can complement their quest for self-government 10 Aboriginal Participation in Canadian Federal Elections: Trends and Implications Daniel Guérin While their 2000 turnout was lower than that of the overall population, there are variations across the country 16 Aboriginal Voter Participation in Nova Scotia and New Brunswick David Bedford A comparison of turnout at federal, provincial and band elections Editor 21 The Alienation of Nation: Understanding Aboriginal Electoral F. Leslie Seidle Participation Publications Manager Kiera L. Ladner Francine Dalphond Why many Aboriginal people have decided not to participate at the ballot box

Managing Editor 27 Exploring the Issues of Aboriginal Representation in Federal Elections Wayne Brown Anna Hunter There must be an increase in their numbers in Parliament and greater inclusion of Aboriginal values, cultures and traditions 34 The Participation of Aboriginal Women in Canadian Electoral For more information, contact Democracy Elections Canada: Telephone: 1 800 463-6868 Manon Tremblay Why so few Aboriginal women have served in Canada’s Parliament and legislatures www.elections.ca 39 Representing Aboriginal Interests: Experiences of New Zealand and Australia © ELECTIONS CANADA 2003 ISSN 1488-3538 Keith Archer EC 91828 Processes these countries have developed for representation and involvement ALL RIGHTS RESERVED of their Indigenous peoples PRINTED IN CANADA 46 The Effect of Expansion of the Franchise on Turnout Michael Kinnear Comparing the Canadian Aboriginal experience with franchise expansions in the United States, Great Britain and Germany 51 Mary Two-Axe Earley: Crusader for Equal Rights for Eleanor Milne, Chris Fairbrother and Aboriginal Women Marcel Joanisse Wayne Brown The Vote (1979–1980) This Quebec Mohawk woman campaigned for legislation to end discrimination Indiana limestone, 121.9 x 182.8 cm, against thousands of Aboriginal women and children House of Commons, Ottawa

The base stone of The Vote, a sculpture on the east wall of the House of Commons Elections Canada is the non-partisan Submissions of articles and photos that might be chamber, shows four heads with flowing agency responsible for the conduct of federal of interest to Electoral Insight readers are welcome, hair whose mouths shape, in song, the elections and referendums although publication cannot be guaranteed. If used, submissions will be edited for length and clarity as first syllables of Canada’s national Electoral Insight is published by Elections Canada necessary. anthem, “O-Ca-na-da”. three times a year. It is intended for those interested in electoral and related matters, including Please address all contributions and letters to Cover photos: Fred Cattroll parliamentarians, officials of international and Wayne Brown, Managing Editor, Electoral Insight, domestic electoral management bodies, election Elections Canada, 257 Slater St., Ottawa, Canada officers and academics. The opinions expressed are K1A 0M6 ([email protected]). those of the authors; they do not necessarily reflect those of the Chief Electoral Officer of Canada. Chief Electoral Officer’s Message

Aboriginal Participation in Elections

his special issue of Electoral Insight is devoted to the important question of Aboriginal electoral participation. It presents analyses by a number of Tacademics and researchers who have studied Aboriginal involvement at the federal, provincial and band levels in Canada and elsewhere. The research shows that, on average, Aboriginal people vote in federal elections at a lower rate than other Canadians. However, there are significant variations across provinces and territories, with some cases of participation at higher levels than the Canadian population as a whole. There is also evidence of lower turnout rates for Aboriginal voters in urban centres.

Our authors offer a number of explanations. These include, at least for a part of the Aboriginal population, mistrust of federal and provincial governments and a belief that pursuing self-government for their own communities is more important than Jean-Pierre Kingsley voting in parliamentary or legislative elections. Some Aboriginal people in Canada Chief Electoral Officer of Canada were not given the right to vote until 1960, and this has not been forgotten. In addition, because most Aboriginal people are not concentrated geographically, it is difficult for them to capture the attention of political parties or win nominations as candidates. In turn, what some see as the lack of meaningful debate about issues that matter to Aboriginal people discourages them from voting.

What can be done to encourage more Aboriginal people to exercise their right to vote? Some of our authors advocate a form of guaranteed representation in Parliament. Others claim it would be more beneficial for Aboriginal people to work within the existing political system, and press for improvements, rather than opting out of the federal electoral process.

Elections Canada has undertaken many initiatives aimed at sensitizing Aboriginal people to their right to vote and making the electoral process more accessible. We have consulted many Aboriginal communities in preparing our information campaigns for recent elections, and in developing our liaison officer and elder and youth programs.

We are renewing our efforts in preparation for the next general election. We will expand the Aboriginal liaison officer program, hire more Aboriginal people as election officers and develop new information and advertising campaigns. I am also consulting Aboriginal leaders and youth about other possible measures, including ways of reaching the growing Aboriginal population in urban centres.

I am open to readers’ suggestions about how to enhance the involvement of Aboriginal people in the Canadian electoral process.

Jean-Pierre Kingsley

November 2003 1 Aboriginal Participation in Elections

Aboriginal People’s Electoral Participation in the Canadian Community

Alan C. Cairns Adjunct Professor, Department of Political Science, University of Waterloo

My purpose in this introductory article is to set the issue of Not surprisingly, the First Nations reciprocated with negative Aboriginal electoral participation in a larger context – to evaluations of government. The leading theme in First step back from the particulars of voting turnout, for example, Nations discourse, according to the sociologist Rick Ponting, and explore the relationship of Aboriginal peoples to the is “the ‘untrustworthiness of government.’ The federal overall Canadian community. To focus only, or even primarily, government ... was repeatedly portrayed as betraying trust, on electoral behaviour – its presence or absence and its being deceitful, lying, not dealing in good faith, and being nature – is to exclude the larger set of meanings derived insincere or hypocritical.”3 from history and from relations to the constitutional order as a whole that individuals bring to the decision to participate Historically, government policy on Aboriginal matters was or not.1 I have not attempted a comparison among First an education in not belonging, in outsiderness. Residential Nations, Inuit and Métis peoples (the ‘Aboriginal Peoples schools were instruments to socialize the young into the of Canada’) or between on- and off-reserve members of values of the larger society, and out of identification with First Nations, or among the varying situations in the and allegiance to Aboriginal ways of life. This cultural northern territories and the 10 provinces. Although the assault included a prohibition on the use of Native discussion primarily focuses on Status Indians, it is relevant languages by students. to the larger enterprise of understanding voting and not voting by Canada’s Aboriginal people. More generally, of course, the Indian Act placed First Nations peoples in the position of wards who needed custodial care Constitutional stigmatisation while they were being prepared for admission into the larger society. From Confederation to the federal government’s A widespread diffuse alienation from the Canadian consti- 1969 White Paper on Indian Policy, the official goal was tutional order crops up again and again in the literature assimilation. First Nations peoples were subject to a special dealing with Aboriginal issues and concerns. Elsewhere I act of Parliament (the Indian Act), were geographically have argued that the historical treatment of Aboriginal separated from the majority population by the system of people is appropriately described as “constitutional reserves, were under the authority of Indian agents who stigmatisation.”2 The anthropologist Noel Dyck noted the administered the Act, and with a few exceptions were “unvarying and unceasing message” aimed at First Nations deprived of the franchise until 1960. The policy of enfran- peoples, pointing out the unacceptability of the way they chisement, the giving up of legal Indian status to become live and that “to become worthwhile as individuals” they a standard Canadian citizen, presupposed the two were must follow the dictates of their “current tutelage agents.” incompatible. Enfranchisement, of which few Status

2 Electoral Insight leadership convention “suspicious and hostile attitudes to denied they were the provincial governments.”10 In the Canadian.6 contemporary climate of Indigenous nationalism, however, there is a strong While overt denial of distrust of the federal government, seen Canadian citizenship as a colonial government administering is almost certainly a an Indian Act virtually devoid of minority position, the defenders. The Royal Commission on remainder are captured Aboriginal Peoples (RCAP) repeatedly Photo: Photo: National of Archives Canada, C-17220 by John Borrows’ phrase denied the legitimacy of all Canadian as “uncertain citizens.”7 governments.11 Not surprisingly, the attitudes that underlie RCAP’s partial and selective view of a the phrase “uncertain reconstitutionalized federal Canada to citizens” cast a shadow reflect its multinational nature viewed of illegitimacy or at federalism almost entirely in terms of least questionable status self-rule, and paid almost no attention to over other fundamental the shared rule dimension. A proposed Prime Minister Louis St. Laurent met with Chiefs of the Blackfoot Council in Calgary, Alberta. During St. Laurent’s term institutions. Although new third chamber of Parliament was (1948–1957) and many prior decades, Status Indians could not adoption of the given the task of protecting the interests vote in federal elections unless they gave up their status. Canadian Charter of the Aboriginal Nations it was to of Rights and Freedoms represent. RCAP’s massive report Indians took advantage, was a policy was strongly supported by the Native displayed no, or at least negligible, tool for assimilation. Overall, federal Women’s Association of Canada, appreciation that shared rule in the policy reinforced the separateness it was roundly condemned by the of First Nations peoples that it was Assembly of First Nations, and supposed to be overcoming. by Mary Ellen Turpel, a leading Aboriginal scholar,8 as an alien Constitutional alienation document whose values were deemed incommensurable with Aboriginal Not surprisingly, this experience was values. Overall, the debate about the not a recipe for a positive allegiance to Charter was deeply divisive within Canada. The Mohawk scholar Patricia First Nations communities.9 In sum, Monture-Angus responded to this “uncertain citizens” had an ambivalent history of humiliation with the response to one of the central symbols assertion that “as part of my personal of contemporary Canadian identity. commitment to ‘unlearn’ colonization Some of the opposition was directed I refuse to think of this land as Canada, against the Charter’s political purpose Ontario, Quebec, and so on. When I of strengthening Canadian identity. travel I think in terms of whose territory I am visiting – the Cree, the Algonquin, First Nations peoples have idiosyncratic the Dene and so on.”4 Elsewhere, she attitudes to federalism. Provincial denied Canadian citizenship, as have governments, often with good reason, In 1996, the Royal Commission on Aboriginal another Mohawk scholar, Taiaiake are viewed suspiciously as unsympa- Peoples recommended that “the federal govern- Alfred, and Matthew Coon Come, thetic to First Nations. Forty years ment, following extensive consultations with former National Chief of the Assembly ago, the Hawthorn report noted the Aboriginal peoples, establish an Aboriginal 5 parliament whose main function is to provide of First Nations (AFN) (2000–2003). “strong link ... and special emotional advice to the House of Commons and the Remarkably, three of the six candidates bond with the federal government” Senate on legislation and constitutional matters for National Chief at the 1997 AFN of Indian peoples, contrasted with relating to Aboriginal peoples.”

November 2003 3 federal capital involves Canada-wide later, Ovide Mercredi, who succeeded Aboriginal members of Parliament and concerns, and that representatives in Erasmus as AFN National Chief, of provincial and territorial assemblies, one of their roles should think and speak repeated Erasmus’ critique: “the one and Aboriginal voters. Nevertheless, and act for the country as a whole. person one vote foundation for elec- especially among First Nations peoples, Federalism was overwhelmingly viewed toral power only translates into white there is obviously a culture of suspicion, in terms of the escape offered by a third majority rule, and … we are the distrust and less than whole-hearted order of government, and minimally objects of governmental decisions ...”14 belonging to Canada. in terms of the dimension of shared participation in governing Canada. This litany of critiques suggests The AFN and the other pan-Canadian Attitudes to electoral participation that Aboriginal Aboriginal organizations are more than partly derive from negative assessments voting turnout standard interest groups. of Parliament. The establishment of will be below the the Royal Commission on Aboriginal Canadian average. Peoples suggested that the normal Part of the explanation is practical. processes of democratic politics and Many urban Aboriginal persons move Who speaks for Aboriginal parliamentary government were inade- frequently, have low literacy levels, are peoples? quate to meet the policy needs of unemployed, are disconnected from Indigenous peoples. The Commission’s mainstream society and are distanced A crucial factor often overlooked in report confirmed that rationale. It from the discussion process that attends analyzing Indigenous-State relations devoted distressingly few pages to federal elections. It is, accordingly, is the special role in the political parliamentary representation (8 pages difficult for political parties to catch process of the Assembly of First out of more than 3,500), and its their attention. Malloy and White Nations and the other major organiza- attitude was dismissive. It wrote of observe that “natives do not place a tions speaking for the Inuit, the Métis the “inherent ineffectiveness of the high priority on voting in Canadian and Aboriginal women (the Native democratic political relationship as elections.”15 According to many, voting Women’s Association of Canada). seen by Aboriginal peoples ... such for candidates and membership in The predecessors of the contemporary representation, when cast in terms legislatures “gives unwarranted legiti- organizations were initially financially of conventional democracy, is itself macy to non-native governments.” supported by the federal government regarded as illegitimate. Aboriginal Roger Gibbins, another keen student following the withdrawal of the 1969 peoples seek nation-to-nation political of elections, observed that if election White Paper. The clear rationale for relations, and these cannot be achieved participation measures a community’s federal support was to enhance the simply by representation in Canadian political health, “in the case of Canada’s Aboriginal voice, on the ground political institutions.”12 In the most aboriginal peoples, the vital signs are that the Aboriginal population was exhaustive examination ever undertaken often distressingly weak.”16 too small, scattered and financially of the relation between Aboriginal weak to have a parliamentary voice people and the Canadian State, the It would be wrong to suggest that proportionate to its needs. The Royal Commission’s discussion of hostility to the Charter, faulty continuing political role of country- Parliament has all the appearance of appreciation of federalism, antipathy wide Aboriginal organizations an afterthought, included because of a for Parliament, distrust of the federal suggests a relative incapacity of belated recognition that to say nothing government, suspicion of the provinces Parliament to speak for Aboriginal would be a public embarrassment. and weak participation in elections are concerns. universally distributed throughout First The RCAP critique was not surprising, Nations communities and among non- Native organizations constitute an given that Commission Co-chair Status Indians, let alone throughout admittedly erratic rival system of Georges Erasmus had previously given the larger Aboriginal peoples category representation to that of Parliament. a devastating critique of the incapacity in the Constitution Act, 1982 which They play a special advocacy role of Parliament to advocate Aboriginal includes Inuit and Métis. After all, for Aboriginal peoples/nations, which rights and concerns.13 A few years there are defenders of the Charter, elevates them above the interest/

4 Electoral Insight pressure group category. Representatives of national Aboriginal associations Percentage of Aboriginal Population by Census Division, 1996 participated in the four special consti- tutional conferences (1983–1987) to 0 – 4.9 define and flesh out the Aboriginal 5.0 – 19.9 treaties and rights in section 35 of 20.0 – 39.9 the Constitution Act, 1982 and in the 40.0 – 74.9 intergovernmental meetings that led 75.0 – 84.9 to the 1992 Charlottetown Accord. 85.0 – 94.0 Three of the four Aboriginal commis- sioners in the seven-member RCAP had held high executive office in Aboriginal associations. Georges Erasmus, Commission Co-chair, had been National Chief of the AFN from 1985–1991.17

The AFN and the other pan-Canadian Aboriginal organizations are more than standard interest groups. Their existence and prominence constitute something between a supplement and an alternative to parliamentary repre- sentation of Aboriginal people. They The map Percentage of Aboriginal Population by Census Division shows the percentage of the total population who identified themselves as Aboriginal in each census division. The data are from have an ambiguous constitutional status. the 1996 census and are based on responses to the question: “Is this person an Aboriginal, that is, They are recognized as speaking for the North American Indian, Métis or Inuit (Eskimo)?” The map is divided into six classes with light yellow colours being used for census divisions having a low proportion of Aboriginal people, and Aboriginal nations of Canada, although mauve being used for census divisions having a high proportion of Aboriginal people in their intermittently their representativeness populations. The Atlas of Canada. © 2003. is challenged, as was the case for the AFN under the recent leadership of Matthew Coon Come. and parliamentary processes carries a (s. 35) In the clash between these tinge of consorting with the oppressor, two visions, the federal government For the AFN, Parliament and the especially when party discipline muffles is saddled with trying to update or federal government pose a fundamental dissenting voices. shed anachronistic legislation while contradiction. On the one hand, First Aboriginal people and those who speak Nations people vote for candidates for The federal government derives for them focus on the emancipatory Parliament, occasionally get elected, authority over “Indians, and Lands possibilities of section 35. and may attain Cabinet status. On the Reserved for the Indians” from The other hand, the federal government, Constitution Act, 1867 (s. 91(24)). This The coexistence of rival claims to through the Department of Indian was the constitutional justification for speak for Aboriginal nations – the and Northern Affairs, administers an the Indian Act, the legislative arm of federal government, acting on the Indian Act universally held to be an a system of internal colonialism that authority of section 91(24), and native anachronism surviving from a colonial administered the lives of First Nations organizations, especially the AFN, past. From this perspective, the federal peoples. The post-1982 Constitution, focusing on section 35 and seeking to Parliament is the legislative arm of a by contrast, embodies an emancipatory energize a stalled decolonization process, colonial power that can most effectively vision by declaring that “the existing may be a transitional phenomenon, be challenged by external pressure from aboriginal and treaty rights of the an eminently justifiable departure from the political leadership of a nationalist aboriginal peoples of Canada are standard constituency representation movement. Participation in electoral hereby recognized and affirmed.” in Parliament. Even if this is the case,

November 2003 5 individuals into the Canadian commu- nity of citizens, but as incorporating self-governing Aboriginal nations, through their governments, into the Canadian system of governments. Photo: CP (Tom Hanson) Photo: CP (Tom The nation-to-nation thesis repudiates the representational basis of the House of Commons and the electoral process that produces it. The dominant interpretation of the Two Row Wampum thesis,20 which describes First Nations and White people travelling in separate boats down the river of life, stresses the separateness of the two societies, and thus adds support to the nation-to-nation thesis.

Colonialism This demonstration for land rights outside the Supreme Court of Canada in Ottawa on June 21, 2001, illustrates the demand of many Aboriginal groups in Canada for recognition as self-governing nations. The hundreds of blankets represent land and security. The adjective “colonial” attaches itself almost automatically to the analysis of the fact remains that we are left with members of legislatures should be post-Confederation relations between a constitutional incoherence which thought of as “ambassadors or interna- Aboriginal people and the Canadian presupposes and strengthens the thesis tional representatives.”19 To RCAP, State. After all, the treatment of that Parliament has limited legitimacy “nation” was the fundamental unit members of First Nations as wards, and capacity to speak for Aboriginal of analysis, and the relation between their marginalization, and the premise people.18 The logical consequence of Aboriginal peoples and the Canadian that they needed to be governed by these rival systems of representation State was to be nation-to-nation. superior others who were the vanguards is that elections have diminished Canada was to become a multinational of the future differed little from the significance, which reduces the federation in which interactions would premises that informed the colonial incentives to vote. be among nations, not citizens. relationship in the overseas territories of the European empires. Nation-to-nation “Multinational” Canada may have The ambivalence towards Parliament been little more The Royal Commission did not see its task is reinforced by the widespread than a starting point as incorporating Aboriginal individuals into expression of various themes, perhaps for constitutional the Canadian community of citizens, but best described as pre-theories, which theorizing, but the attempt to capture from an Aboriginal, phrase as employed as incorporating self-governing Aboriginal especially First Nations, perspective, by RCAP clearly nations … into the Canadian system of the future toward which we should rejected the idea of governments. be heading. Two are of special Canada as a coast- importance. By the time RCAP to-coast community reported in 1996, Indian bands were of citizens, and simultaneously rejected A colonial interpretation of the past, adding “nation” to their titles at a the idea of the House of Commons as especially when it leads to an anti- rapid rate. By the turn of the century, representing individual citizens divided colonial nationalism, acts as a barrier nearly 200 bands had done so. That into several hundred constituencies. to seeing citizenship as an instrument same current of thinking led Mary The Royal Commission did not see of emancipation. Escape from a colonial Ellen Turpel to suggest that Indigenous its task as incorporating Aboriginal past is normally seen as an act of

6 Electoral Insight collective empowerment or emancipa- higher priority for the tion of a nation, not as an aggregation AFN than participa- of individual citizen memberships in tion in elections. the community that previously kept The scant attention one’s people out as lacking the paid to Parliament appropriate credentials. Anti-colonial and elections in the nationalism increases the social massive 1996 Royal distance between its adherents and Commission report non-Aboriginal Canadians. It focuses is an additional indica- on the maximum autonomy possible tion. The limited for self-governing Aboriginal nations attention of the schol- and deflects attention from the shared arly community is rule dimension of federalism. It leads another. Moreover, any to a weak conception of Canadian single Supreme Court Parliament adopted the Canadian Charter of Rights and citizenship, and to a limited empathy decision significantly Freedoms in 1982. for electoral systems that accord affecting Aboriginal primacy to individual voters. rights will elicit more periodical areas beyond the reach of Aboriginal articles in the immediate aftermath governments could be handled with The nation-to-nation image and a than will be devoted to Aboriginal minimal attention to Aboriginal colonial analysis both lead in the same people and legislatures in a decade. interests. It is difficult to see how this direction – to a relative delegitimation There is, therefore, an undeniable could be viewed as an advantageous of Parliament as presently constituted, attention deficit. Political enthusiasm outcome by the citizens of First Nations to antipathy for pan-Canadian citizen- and academic adrenalin are more easily governments or of other self-governing ship, to a stress on difference and stimulated by the heady wine of Indigenous communities. Further, the otherness, and to separate goals for Aboriginal nationalism and the inher- large off-reserve Status Indian popula- Aboriginal and non-Aboriginal peoples. ent right to self-government than by tion, even if now politically linked to I do not know how pervasive these the more humdrum business of elections reserves by the Corbiere decision,21 perspectives are, but that they express for minority Aboriginal populations would risk reducing attention to its one version of a spirit of the times is unlikely to gain more than a toehold in needs by avoiding participation in undeniable. In the absence of contrary legislatures – the northern territories municipal, provincial and federal incentives that reduce their salience, being an obvious exception. politics. Finally, and even more they contribute to a relative lack of emphatically, there is no reason interest in Parliament, with predictable However, a bias in political and why the non-Status urban Indigenous consequences for voter turnout. scholarly attention does not attest to population should avoid participating a logical incompatibility between self- in federal elections because some Self-government versus government and participation in the Indigenous people elsewhere are participation in the whole federal election process. First Nations practising self-government. of Canadian civic life will have small populations even if consolidation into larger groupings Perhaps, however, there is some consti- Brief mention of an occasionally heard takes place. Even the most generous tutional principle that either precludes thesis that self-government may be in self-government arrangements will voter participation by citizens of self- tension with participation in the whole leave hugely important policy areas governing First Nations, or asserts of Canadian civic life – including beyond their grasp, in the hands of that MPs with Aboriginal nations in elections – will round off this discussion. federal and provincial governments. their constituencies should have their It is true that much more attention, To opt out of the possibility of parliamentary roles restricted in academic and other, is lavished on influencing these policy areas from certain circumstances. During the self-government than on electoral the inside would surely be attended long struggle over the status of Quebec participation and representation in by a heavy price tag. It would inform in Canada, federalists often argued legislatures. Self-government has a legislators and governments that policy that if Quebec achieved extensive

November 2003 7 asymmetrical status, Quebec members alive in a legislature would be an world to secure its objectives.”22 of the federal Parliament would have administrative nightmare. The superior Aboriginal people are inevitably to opt out of discussions in federal solution, given the very limited caught up in the consequences of policy areas that applied to the rest powers Aboriginal governments federal, provincial, territorial and, of Canada, but not to Quebec. The would typically wield, is to accept often, municipal politics. Participation issue was correctly seen as an issue that the situations of MPs with self- in these arenas is an essential support of fairness. governing Aboriginal nations in their for self-government. constituencies are The idea that there is a conflict or minor anomalies, Some Aboriginal nations, or their troubling only to members, may feel that participation incompatibility between participation the pedantic. in federal elections is incompatible with in federal elections and self-government the nation-to-nation relationship they is illogical. The alleged conflict prefer, or that it accords a legitimacy between the practice to the federal government they do not of self-government wish to grant. However, if practicalities The fairness argument, however, and participation as voters, candidates are considered, I suggest that the wiser has much lesser validity for small for office, members of the House of strategy is full participation in urban, Aboriginal nations. Their limited Commons and as holders of ministerial provincial, territorial and federal governing capacity means their portfolios lacks substance. The idea that politics as voters and candidates. encroachment on federal powers is there is a conflict or incompatibility The negative effects of the previously much less. Further, with rare excep- between participation in federal elec- imposed isolation, when Indians were tions, reserve populations are part tions and self-government is illogical. deprived of the franchise, are unhappy of larger constituencies, usually with To suggest that small communities of a reminders from the past. non-Aboriginal representatives. How few hundred or a few thousand people would an MP behave if different should be required to opt out of federal Ending colonialism is not an easy task. Aboriginal nations in his or her elections because they are nations, Remarkable progress has been made constituency had dissimilar jurisdic- or because their limited legislative in the past half-century. No longer tional powers? His or her vote could powers infringe marginally on federal marginalized wards of the state, not be fragmented to reflect these jurisdiction, is to punish small Indian peoples belong to First Nations. differences. This is only the beginning communities by isolating them from Indigenous leaders head two of the of complexity. Unlike Quebec, a single their Canadian counterparts. Even northern territories. That federal jurisdiction, there could be as many “an autonomous Aboriginal nation,” voting participation falls short of the as hundreds of Aboriginal nations correctly argues John Borrows, Canadian average should surprise only wielding different jurisdictional “would encounter a geography, history, the naive. That we have some way to packages scattered across many con- economics, and politics that requires go should not blind us to the fact that stituencies. Keeping these distinctions participation with Canada and the we have come a long way.

NOTES

1. See also Kiera L. Ladner, “The Alienation of 3. J. Rick Ponting, “Internationalization: 4. Patricia Monture-Angus, Thunder in My Nation: Understanding Aboriginal Electoral Perspectives on an Emerging Direction in Soul: A Mohawk Woman Speaks (Halifax, Participation,” in this issue for analysis of the Aboriginal Affairs,” Canadian Ethnic Studies Nova Scotia: Fernwood Publishing, 1995), widespread alienation of Aboriginal people Vol. 22, No. 3 (1990), p. 93. Cree leader p. 245, note 13. from the electoral process. Billy Diamond reported that his father taught 5. Monture-Angus, Thunder in My Soul, p. 167, him “one thing ... never, never agree with the 2. Alan C. Cairns, “Constitutional note 16. Taiaiake Alfred, Peace, Power, government – no matter what. And I never Stigmatisation,” in Patrick J. Hanafin Righteousness: An Indigenous Manifesto have. Never.” Roy MacGregor, Chief: The and Melissa S. Williams, eds., Identity, (Don Mills, Ontario: Oxford University Fearless Vision of Billy Diamond (Markham, Rights and Constitutional Transformation Press, 1999), p. 19. Roger J. Augustine and Ontario: Viking/Penguin, 1989), p. 4. (Aldershot: Ashgate Publishing, 1999). Guy A. Richard, Miramichi Bay Community Relations and Building Bridges: Miramichi

8 Electoral Insight Fishing Communities at a Crossroads “Presentation to the Royal Commission 21. Macklem provides a useful summary of [on-line report] at www.dfo-mpo.gc.ca/ on Electoral Reform and Party Financing,” the decision: “Until recently ss. 2 and 77 COMMUNIC/Marshall/miramichi/ April 19, 1990, mimeo, p. 3. of the Indian Act restricted the right to miramichi-rep_e.htm. vote and run for office to band members 15. Jonathon Malloy and Graham White, ‘ordinarily resident on the reserve,’ but 6. Kevin Bruyneel, “Smash Your Protractor! “Aboriginal Participation in Canadian this restriction was successfully challenged The Complicated Geometry of Aboriginal Legislatures,” in Robert J. Fleming and as contrary to s. 15 of the Charter.” Patrick Politics in Canada,” paper prepared for J. E. Glenn, eds., Fleming’s Canadian Macklem, Indigenous Difference and presentation at the Canadian Political Legislatures 1997, 11th edition (Toronto: the Constitution of Canada (Toronto: Science Association Annual Meeting, University of Toronto Press, 1997), University of Toronto Press, 2001), p. 230, Toronto, Ontario, May 31, 2002, pp. 60, 62. note 90. For the decision itself, see pp. 21–22. 16. Gibbins quoted in Trevor Knight, Corbiere v. Canada (Minister of Indian and 7. John Borrows, “Uncertain Citizens: “Electoral Justice for Aboriginal People in Northern Affairs), [1999] 2 S.C.R. 203. Aboriginal Peoples and the Supreme Canada,” McGill Law Journal Vol. 46 22. John Borrows, “ ‘Landed’ Citizenship: Court,” Canadian Bar Review Vol. 80, (2001), p. 1068. Narratives of Aboriginal Political Nos. 1 and 2 (March – June 2001), 17. Viola Marie Robinson was President Participation,” in Alan C. Cairns, et al., pp. 15–41. of the Native Council of Canada from eds., Citizenship, Diversity and Pluralism: 8. Mary Ellen Turpel, “Aboriginal Peoples 1990–1991. Mary Sillet had been Vice Canadian and Comparative Perspectives and the Canadian Charter: Interpretive President of the Inuit Tapirisat Canada (Montréal and Kingston: McGill-Queen’s Monopolies, Cultural Differences,” for four years, and President of the Inuit University Press, 1999), pp. 74–75. Trevor Canadian Human Rights Yearbook (Toronto: Women’s Association of Canada for Knight argues that “although guaranteed Carswell, 1989–1990). two terms. representation in Parliament is theoreti- cally inconsistent with a conception 9. Brad Morse, however, argues that “the 18. For example, at the four special constitu- of Aboriginal self-government that individual rights and liberties emphasized tional conferences in 1983–1987, designed contemplates independence or absolute by the Charter are [now] becoming more to flesh out the practical meaning of sovereignty, it can be seen as an appropriate, accepted and internalized by Aboriginal Aboriginal and treaty rights, at which even necessary, component to the more people,” leading to challenges to the laws participants included representatives of the commonly contemplated forms of self- and policies of all governments, including major Aboriginal organizations, did the government, by which Aboriginal people Aboriginal governments. Bradford Morse, federal and provincial governments also would maintain some ties to the Canadian Twenty Years of Charter Protection: The speak for the Aboriginal citizens in their state.” Trevor Knight, “Electoral Justice for Status of Aboriginal Peoples under the electorate? Or, and more likely, given the Aboriginal People in Canada,” McGill Law Canadian Charter of Rights and Freedoms emerging nation-to-nation philosophy of Journal Vol. 46 (2001), p. 1078. Knight’s (no date), mimeo. interaction, were they pressed into the role logic is equally applicable to representation of representing non-Aboriginal Canadians, in the existing system of single-member 10. H. B. Hawthorn, ed., A Survey of the who could be thought of as the “other side” constituencies. Contemporary Indians of Canada, Vol. 1 or the “other nation”? (Ottawa: Queen’s Printer, 1966–1967), p. 199. 19. Mary Ellen Turpel, “Indigenous Peoples’ Rights of Political Participation and 11. Report of the Royal Commission on Self-Determination: Recent International Aboriginal Peoples, Vol. 2, Restructuring the Legal Developments and the Continuing Relationship, Part One (Ottawa: Canada Struggle for Recognition,” Cornell Communication Group Publishing, 1996), International Law Journal Vol. 25, No. 3 pp. 4, 243, 374–375. (1992), p. 600. 12. Royal Commission on Aboriginal Peoples, 20. The Two-Row Wampum Treaty “is the Looking Forward, Looking Back, Vol. 1, treaty which governs the relationship p. 249. between the Six Nations Confederacy … 13. Canada, Debates of the Senate, and the settler nations,” Patricia Monture- November 18, 1987, p. 2201. Angus, Journeying Forward: Dreaming of First Nations Independence (Halifax, 14. Mercredi, however, concluded his remarks Nova Scotia: Fernwood Publishing, 1999), by observing that “we can and do partici- pp. 36–37. pate in the political life of the country.” Ovide Mercredi, Vice-Chief Manitoba Region, Assembly of First Nations, in his

November 2003 9 Aboriginal Participation in Elections

Aboriginal Participation in Canadian Federal Elections Trends and Implications

Daniel Guérin Senior Analyst, National and International Research and Policy Development, Elections Canada

This article analyzes the participation of Aboriginal participation. The extension of the franchise to “registered electors in the 2000 Canadian federal general election.1 Indians” is relatively recent. Nevertheless, a great deal of The differences between turnout rates for Aboriginal progress has been made since 1960, the year the federal people and other Canadians and the differences across government first allowed First Nations people living on provinces and territories are analyzed using unpublished reserves to vote at the federal level without having to give electoral data for First Nations reserves in each province up their status under the Indian Act. It is important to and territory. Finally, certain implications of this analysis recall that the lower turnout of Aboriginal voters observed for the development of measures to encourage Aboriginal since 1960 is not so unusual if we consider that it often participation in federal elections are discussed. takes several decades for newly enfranchised people to exercise their right to vote at a rate similar to that of the Trends in Aboriginal turnout majority (African-Americans, for instance).

Data on voting participation by Aboriginal people in In addition, a significant number of Aboriginal people, Canada are quite limited. As Bedford and Pobihushchy as individuals and communities, still regard participation have pointed out in their study of Aboriginal participa- in non-Aboriginal elections or plebiscites as a threat to tion in the Maritimes, “very little attention has been their unique rights, their autonomy and their goals of directed at Indian (or more generally, Aboriginal) voter self-governance. Such persons hold a philosophical participation in Canadian politics by students of electoral belief about the legitimacy of Aboriginal self-governance participation.”2 that differs fundamentally from that of the Canadian government; and may view other (non-Aboriginal) The few available studies show that, on average, the governments as irrelevant, even alien. Joan Carling sug- turnout of Aboriginal people at federal elections is lower gests that national party system and electoral processes can than that of other Canadians.3 That said, turnout among be viable and meaningful to certain groups of Indigenous Aboriginal voters varies greatly across provinces and peoples in various national settings if there is democratic communities. In some areas, turnout among Aboriginal space within nation-states that provides an equal playing voters is higher than that of the Canadian population as field for the participation of Indigenous peoples (in a whole. general); and that creating this democratic space should include recognition and respect for Indigenous peoples’ Historically, Aboriginal people and their communities systems of decision-making and mechanisms for self- in Canada have faced a series of obstacles to electoral governance.4

10 Electoral Insight Whatever their reasons for non- On reserves: Manitoba, Ontario and Quebec, and participation in Canadian federal • Social conditions and other socio- other regions in these provinces and elections, promoting greater involve- demographic factors in Atlantic Canada with known ment by Aboriginal people must be • Cultural factors heavier concentrations of Aboriginal situated within a complex historical, • Political factors people, as well as an over-sample of cultural and political context. Thus, • Problems of communication6 150 Aboriginal people residing north while the concern here is to understand of the 60th parallel.8 In that survey, the barriers to Aboriginal electoral Off reserves: seven in ten Aboriginal respondents participation in Canadian society, it is • Geographic dispersion makes (70 percent) indicated that they voted to be noted that not all such barriers outreach challenging in the 2000 election. The proportion are externally induced. Indeed, as • Weak social connectedness of respondents who say they voted may discussed in other articles in this issue, • Social conditions be inflated, however.9 some are more a result of voluntary political choices of Aboriginal people Empirical data on … promoting greater involvement by than the accessibility and administrative the socio-psychological efficacy of various programs characteristics of Aboriginal people must be situated implemented by Elections Canada. the Aboriginal voter within a complex historical, cultural population are essen- and political context. Factors behind low tial for understanding Aboriginal turnout the lower turnout of Aboriginal people at federal elections. In an internal Elections Canada Evidence to date on Aboriginal Also essential are data on factors relat- study on the participation of voter turnout suggests the following ed to the demographic structure of Aboriginal people at federal elections questions: What structural and Aboriginal communities. As noted prior to 2000, Jean-Nicolas Bustros political factors account for the weak above, a significantly higher propor- points out that the only empirical participation of certain Aboriginal tion of the Aboriginal population is evidence on Aboriginal turnout rates peoples in federal elections? What young (under 25) than in the available for the whole country is cultural factors are related to Canadian population as a whole. provided by the detailed poll-by-poll Aboriginal participation in federal This age structure tends to have a reports of the Chief Electoral Officer. elections? What are the attitudes strong negative impact on Aboriginal However, he observes that evidence and values associated with not voting participation, as it is well-known that can only be collected from polls with among Aboriginal people? youth vote at a rate significantly an exclusively Aboriginal population. lower than older groups.7 Independently Using this evidence, he reported a According to the Royal Commission of age, knowledge about the electoral participation rate in such polls of on Electoral Reform and Party process is also demonstrated by 41 percent in the 1992 referendum, Financing, Aboriginal turnout depends research to have a significant influence 38 percent in the 1993 general on a number of factors related to the on the likelihood of voting. election and 40 percent in the 1997 context of each election, such as the general election. Bustros adds that presence or absence of debate about Turnout in recent Aboriginal voters who cast, or omit issues that are relevant to Aboriginal federal elections to cast, their vote in “mixed” polls people, and, in particular, the presence could not be traced; nor was it possible of Aboriginal candidates. The In March 2001, Ipsos-Reid reported the to determine turnout rates for the large Commission identified a series of findings of a survey of 556 Aboriginal urban Aboriginal population.10 additional factors to explain the people, commissioned by Elections traditionally low participation of Canada, about their participation in Bedford and Pobihushchy examined Aboriginal peoples, which may be the November 2000 federal election. trends in voter turnout among grouped into several categories, and Respondents were from the northern Aboriginal people for federal, are based on the on- and off-reserve areas of the provinces of British provincial and band elections in distinction.5 Columbia, Alberta, Saskatchewan, New Brunswick, Nova Scotia and

November 2003 11 Prince Edward Island between 1962 method for assessing Aboriginal voter Bedford and Pobihushchy study, this and 1993. They found significant participation may be considered the analysis examined participation rates variations in turnout rates for “gold standard” for such research. among Aboriginal people living on on-reserve Status Indians. For example, reserves at the 2000 federal election. participation rates were: Analysis of Aboriginal • 1988 federal election: 17.8 percent turnout in the 2000 federal The analysis included the 264 First in New Brunswick, 54 percent in election Nations reserves whose boundaries Nova Scotia and 72.8 percent in corresponded exactly with the federal Prince Edward Island Empirical data on turnout rates in the electoral polling divisions at that • provincial elections: 27.6 percent 1992 referendum and recent federal time. Overall, the turnout rate for in New Brunswick in 1991, elections, especially for exclusively all 296 polling stations covered by the 45.2 percent in Nova Scotia in 1993 Aboriginal polls, show a noticeable study was 47.8 percent – 16 percent and 78.4 percent in Prince Edward variation across Aboriginal communities lower than the turnout among the Island in 1993 and regions of the country. Bustros general population during the same indicated that in election.12 At the same time, as shown northern polls, in Figure 1, there was considerable … there was considerable variation in where Aboriginal variation in turnout rates across turnout rates across provinces and candidates were provinces and territories13 in the territories in the 2000 election … present, turnout rates 2000 election: were comparable to and even exceeded 1. High-turnout provinces and • band elections: in New Brunswick and those of non-Aboriginal communities; territories: Prince Edward Island, Nova Scotia, consistently around the however, in the larger, southern Saskatchewan, Nunavut,14 90 percent mark from 1972 to 1992 Aboriginal communities, turnout rates Alberta and British Columbia were generally much lower than the 2. Medium-turnout provinces and The authors used voting results only Canadian average.11 territories: Northwest Territories, from those polls situated entirely Ontario, Newfoundland, New within the boundaries of reserves; New analysis conducted by Elections Brunswick and Nova Scotia results from other polling stations Canada’s National and International 3. Low-turnout provinces: Manitoba would have included information on Research and Policy Development and Quebec participation by both First Nations and Directorate illustrates similar varia- non-Aboriginal persons. Nevertheless, tions during the last federal election. Although comparable data are not Bedford and Pobihushchy’s research Using the same methodology as the available, there is some evidence to

During the 1992 federal referendum, Elections Canada’s information program for the country’s many Aboriginal groups included publishing the referendum question about the Charlottetown Accord in 37 Aboriginal languages. This booklet was available at all polling stations.

12 Electoral Insight suggest that turnout is lower in the various urban centres with significant Figure 1 Turnout Rates at Polling Stations on First Nations Reserves proportions of Aboriginal people. (2000 General Election) Current estimates are that about half the Aboriginal population does not P.E.I. 66.9% 15 reside on reserve lands. For example, Sask. 55.0% according to a 2001 Ipsos-Reid Nunavut 54.3% survey,16 Aboriginal people living in Alta. 53.9% urban areas were three times less likely to have said they voted in the 2000 B.C. 51.3% federal election than those living on N.W.T. 45.9% reserves. It is also worth noting that Ont. 44.5% the “youth factor” has to be taken Nfld. 43.7% N.B. 40.8% N.S. 40.7% Man. 36.6% Que. 35.3% 0.0% 10.0%20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0%

Source: National and International Research and Policy Development, Elections Canada

N = 296 polling stations

More information about the composition of • Participation of Aboriginal people • difficulties in reaching the the Aboriginal population in Canada can be found on the Statistics Canada Web site at at federal elections is usually lower significant Aboriginal population www.statcan.ca/english/Pgdb/demo38a.htm. than that of the general population, not living on reserves although there are significant into account when interpreting these variations across the country. Aboriginal participation in results. According to 2001 Canadian • Aboriginal turnout is affected by the 2000 federal election census figures, approximately 50 percent the context of each election, of the Aboriginal population was including whether there are This examination of Aboriginal 24 years of age or younger, compared Aboriginal candidates, and the participation in the 2000 federal to 31 percent of the general Canadian presence or absence of debate election is one of the first empirical population.17 If this factor were taken about issues that are important analyses conducted in all the provinces into account, the overall difference to Aboriginal people. and territories for a single federal between the turnout rate of Aboriginal • Various factors, often reinforcing election. Using a methodology similar people and that of the general popu- one another, partly explain lower to that adopted by Bedford and lation would probably be reduced. turnout rates of Aboriginal people. Pobihushchy in their pioneering study Finally, under-registration of Aboriginal These are: of Aboriginal participation in the electors may mean that available • lower socio-economic and Maritimes, it was demonstrated that turnout rates are somewhat higher educational levels the question of Aboriginal participation than they would be if coverage were • disengagement from, or even in federal elections is more complex more complete. opposition to, participation in than many observers of the political the federal election process scene have generally believed. We can draw a number of lessons • geographical dispersion, particularly from the available research on in northern Canada According to our analysis, the Aboriginal participation in • cultural diversity (e.g. large Aboriginal participation rate in the Canadian elections. number of languages) 2000 federal election was 48 percent.

November 2003 13 more by the specific context of each Aboriginal Languages by Community, 1996 election in each community than by Major Language long-term forces such as those that Families form the basis of the socio-cultural Ojibway hypothesis. This explanation can be Cree called the contextual hypothesis. It is Other Algonquian Families also plausible, inasmuch as research Inuktitut has shown in the past that variables Athapaskan specific to the local electoral context, (Siouan) Dakota such as the presence of Aboriginal Salish candidates or of debates on issues rele- Tsimshian vant to members of the First Nations, Wakashan can have a marked influence on the Iroquoian turnout rate of Aboriginal people. Haida Tlingit It is possible that a combination of Kutenai several explanatory factors lies at the

The map Aboriginal Languages by Community, 1996 shows the distribution and population of root of the variations in Aboriginal Aboriginal communities categorized by language family. The Aboriginal languages of Canada belong to participation rates in Canada. That 11 major language families. Most families consist of separate but related member languages, and each member language may include several dialects. The Atlas of Canada. © 2003. is why it would be advisable to develop a multivariate (and preferably multi- level) analytical model that takes into This is 16 points below the rate for 43.1 percent. Finally, there is a small account factors relating to individuals, the Canadian population as a whole. group of two provinces (Manitoba as well as factors relating to the social These results tend to confirm a point and Quebec) where the turnout rate and political environment. In any that has been widely acknowledged in for Aboriginal electors was signifi- case, the research reported in this studies of Aboriginal participation in cantly lower than the rate for article allows us to envisage a further federal elections, i.e. their habitually the Canadian public as a whole – step in the investigation of this low level of participation. However, 36 percent, which is roughly question, that is, an analysis of other our results for individual provinces 30 points lower than the overall federal elections using the same and territories also tend to reveal a rate during that election. analytical method. wide variation in the Aboriginal participation rates in federal elections. The research could not determine the Conclusion reasons for these significant variations. In fact, there are three different However, a number of hypotheses In closing, some of the limitations of groups of provinces and territories. are possible. First, one might think this research should be pointed out. Aboriginal electors in the first group that these variations, to a great The trends derived from this research (four provinces and one territory) extent, reflect the fact that Aboriginal are based primarily on data gathered had a turnout rate comparable to or participation in federal elections on First Nations reserves. In order to slightly lower than the overall rate. depends largely on cultural and social extend the conclusions to the entire The average turnout rate for Aboriginal factors. This hypothesis can be called Aboriginal population of Canada, electors in this group in the 2000 the socio-cultural explanation. The it will be necessary in subsequent election was 56.3 percent. precise mechanism of these influences analyses to include data on the is difficult to judge at present, given electoral participation of Aboriginal In the second group of four provinces the almost total lack of research on people living off reserves, and and one territory, the turnout rate for this question. particularly in cities. For the moment, Aboriginal electors was more than there is little data available. It would 10 points lower than the overall Another possible explanation is that thus be advisable to include larger turnout rate, that is, an average of the participation rates are influenced samplings of these segments of the

14 Electoral Insight Aboriginal population in upcoming means it is necessary to develop opinion leaders, as well as other electors electoral research and other surveys. measures adapted to the different living in the diverse Aboriginal conditions of the varied communities communities throughout Canada. Finally, a word about some of the and provinces/territories. This will These consultations could also serve possible implications of this research require qualitative information to to test any initiatives being developed for the development of programs to complement the quantitative data and to ensure a reasonable level of encourage participation in federal gathered through research such as this. acceptance among the communities elections. The fact that we noted Such information could come from targeted by such measures. significant variations in participation consultations with the various groups rates across provinces and territories concerned, Aboriginal officials and

NOTES

1. The author thanks Asifa Akbar, Analyst, 6. It is a well recognized fact that “less than 10. Jean-Nicolas Bustros, “Electoral Participation National and International Research and adequate communications media are of Aboriginal People: Summary of Previously Policy Development, Elections Canada, for responsible for the diminished awareness Conducted Research and Analysis” her noteworthy contribution to this research. and interest of Aboriginal people in the (Ottawa: Elections Canada, Legal Services electoral process.” (Royal Commission on Directorate, March 2000). 2. David Bedford and Sidney Pobihushchy, Electoral Reform and Party Financing, Final “On-Reserve Status Indian Voter 11. Gibbins, “Electoral Reform and Canada’s Report, Vol. 1, Section “Equality and Efficacy Participation in the Maritimes,” Canadian Aboriginal Population,” p. 160. of the Vote,” p. 170.) See also Valerie Journal of Native Studies Vol. 15, No. 2 Alia, “Aboriginal Peoples and Campaign 12. We use here the turnout rate calculated (1995), pp. 255–278. Coverage in the North,” in R. A. Milen, after the Register was purged of duplicates, 3. R. Gibbins, “Electoral Reform and Canada’s ed., Aboriginal Peoples and Electoral Reform i.e. 64 percent (61 percent before the Aboriginal Population: An Assessment in Canada, Vol. 9 of the Research Studies of elimination of duplicates). of Aboriginal Electoral Districts,” in the Royal Commission on Electoral Reform 13. Yukon was excluded from the analysis R. A. Milen, ed., Aboriginal Peoples and and Party Financing (Toronto: Dundurn because there was insufficient valid data. Electoral Reform in Canada, Vol. 9 of the Press, 1991), pp. 105–106. Research Studies of the Royal Commission 7. See Jon H. Pammett and Lawrence LeDuc, 14. In Nunavut, 22 of 25 Inuit communities on Electoral Reform and Party Financing “Explaining the Turnout Decline in were included in our study. It is worth (Toronto: Dundurn Press, 1991), p. 160; Canadian Federal Elections: A New Survey noting that in Nunavut, there are 22 Inuit Elections Canada, “Elections Canada of Non-voters,” (Ottawa: Elections Canada, communities and no First Nations reserves. Initiatives Concerning Aboriginal March 2003), p. 20. In Nunavut, the turnout rate is 10 percentage Electors: Elections Canada 1992–1999” points higher than in the Northwest (Presentation to the Assembly of First 8. As a result of this pre-selection process the Territories, where we included 23 First Nations, January 1999); Elections Canada, survey is not truly representative of the Nations reserves and 5 Inuit communities. Thirty-fifth General Election 1993: Official national Aboriginal population but is sim- Voting Results (Ottawa: Chief Electoral ply a proxy; there is a greater margin of 15. It is difficult to estimate the total Aboriginal Officer of Canada, 1993); Chief Electoral error for subgroups of the survey population; population reliably, but a figure of Officer of Canada, Thirty-sixth General the margin of error for this sample was plus 900,000–1 million is often presented as a Election 1997: Official Voting Results or minus 5 percentage points 19 times out plausible approximation. (CD-ROM: Catalogue No. SE-1- of 20; the sample was weighted and is repre- 16. Elections Canada Survey on Aboriginal 1997-MRC). sentative of Canada’s age and gender com- Participation. position according to the 1996 census data 4. Joan Carling, “Indigenous Peoples’ for Aboriginal people, but has not been 17. Statistics Canada, Aboriginal Population by Involvement in National Politics,” in weighted according to the actual voter Age Groups, 2001 census, www.statcan.ca/ Kathrin Wessendorf, ed., Challenging turnout in the November 2000 election. english/Pgdb/demo38a.htm; Statistics Politics: Indigenous People’s Experiences with Ipsos-Reid, Elections Canada Survey on Canada, 2001 Census, Age and Sex, Political Parties and Elections (Copenhagen: Aboriginal Participation, Ottawa, June 2001. for Canada, Provinces, and Territories, International Work Group for Indigenous www12.statcan.ca/english/census01/ Affairs, 2001). 9. The difference between the proportion products/highlight/AgeSex/Page.cfm?Lang= of respondents who say that they voted 5. Royal Commission on Electoral Reform E&Geo=PR&View=1&Table=4a&StartRec in the general election and the estimated and Party Financing, Final Report, Vol. 1 =1&Sort=2&B1=Median&B2=Both. proportion of Aboriginal people who (Ottawa: Supply and Services Canada, voted may be attributed to response bias 1991), pp. 168–170. and acquiescent bias. November 2003 15 Aboriginal Participation in Elections

Aboriginal Voter Participation in Nova Scotia and New Brunswick

David Bedford Professor, Department of Political Science, University of New Brunswick

Arend Lijphardt’s 1996 Presidential Address to the American with the orthodox understanding of electoral participation.5 Political Science Association emphasized the problems faced The startling trends that emerge from the data yield new by democratic states when participation in the electoral insights into the understanding of voting behaviour, as process is unequal. Participation, which is widely regarded as well as into the issues of Aboriginal self-governance and “an intrinsic democratic good,”1 is instrumental to influence, the relationship between Aboriginal communities and the so that groups that have lower rates of participation have Canadian state. Let us begin the discussion by presenting less effect on system outcomes.2 Lijphardt further noted the data. that the literature on voter turnout has concluded that those who are socio-economically disadvantaged and have Data a lower overall status in society also have significantly lower rates of voter turnout, exacerbating their general A description of the nature of the data is in order.6 The powerlessness to effect outcomes.3 He advocated, therefore, data for New Brunswick and Nova Scotia, presented in that students of politics direct their attention to means of Tables 1–4, are a census of all polls that were wholly increasing participation rates. included within reserve boundaries. As a result, there can be a high degree of confidence that (almost) all electors Over the years, various reasons for differences in voter included are Status Indians. The data yield important turnout have been proposed. A small number of variables information about First Nations persons living on reserves. has emerged in the literature as critical. Demographic However, this method of data collection leaves out many factors such as education, income and sex, and personal Status Indians and other Aboriginal persons. Therefore, it psychological predispositions such as a sense of efficacy tells us nothing about the increasingly important urban or and a belief in civic responsibility, have all been shown off-reserve Aboriginal populations, who must be surveyed to correlate with voter turnout.4 Furthermore, it is using different techniques. Tables 5 and 6 present data on commonplace that elections of greater national importance band elections in New Brunswick and Nova Scotia. Finally, have larger turnouts – often two or three times greater – Table 7 presents data on First Nations voter turnout in than those of a purely local nature. While there are still provincial elections across the rest of Canada. This unresolved questions about voter turnout, there is general information represents an incomplete sampling of reserve agreement on the basic parameters. communities. Included in the study were 59 reserves with polling divisions wholly contained within the reserve The data on voting within the Aboriginal community, boundaries. They were chosen at random from among the which are as yet still incomplete, sit very uncomfortably reserves that had wholly contained polling divisions.

16 Electoral Insight Tables 1 and 2 present the results of First Nations voter turnout in Table 1 New Brunswick, in federal and provin- Rate of First Nations Voter Turnout in Federal Elections in New Brunswick 1962–1988 cial elections respectively. The decline in voter turnout is more dramatic Year % Number of electors participation about whom in New Brunswick than in any other rate information was available province. Turnout in federal elections 1962 70.0 271 declined from 66.8 percent of 1963 63.1 577 First Nations electors in 1965 to 1965 66.8 542 17.8 percent in 1988. However, 1968 53.2 594 Daniel Guérin’s analysis of turnout 1972 60.4 748 on First Nations reserves in the 1974 56.7 803 2000 federal election (see his article 1979 38.0 960 in this issue), indicates a subsequent 1980 40.3 992 improvement. Guérin reports a turnout 1984 44.0 985 rate of 41 percent in the polling 1988 17.8 1,312 stations covered by his research. The data for provincial elections show a marked decline during the period Table 2 examined, dropping from 64.4 percent Rate of First Nations Voter Turnout in New Brunswick First Nations turnout in 1967 to Provincial Elections 1967–1991 27.6 percent in 1991. Year % Number of electors participation about whom The results of our study of First rate information was available Nations voter turnout in Nova Scotia 1967 64.4 908 showed a similar pattern, although 1970 62.0 988 with noticeably higher turnouts at 1974 61.2 1,511 both the beginning and end of the 1978 37.7 1,502 period investigated. As seen in 1982 46.9 1,749 Table 3, First Nations participation 1987 32.1 2,060 rates declined in federal elections, from 1991 27.6 2,340 89.3 percent in 1962 to 54 percent in 1988 (Guérin reports a First Nations turnout rate of 41 percent in Nova Table 3 Scotia in the 2000 federal election). Rate of First Nations Voter Turnout in Federal Elections in Nova Scotia 1962–1988 The Nova Scotia provincial elections (Table 4) showed a decline in First Year % Number of electors participation about whom Nations turnout from 67.2 percent rate information was available in 1967 to 45.2 percent in 1993. 1962 89.3 689 1963 87.4 728 Table 7 presents First Nations turnout 1965 82.8 795 results from provincial elections 1968 72.5 790 in British Columbia, Alberta, 1972 72.6 1,155 Saskatchewan, Manitoba, Ontario and 1974 61.3 1,218 Quebec. The data from Prince Edward 1979 49.5 1,508 Island and Newfoundland were either 1980 51.9 1,478 too small to be significant or impossible 1984 53.4 1,552 to collect. Looking at the period from 1988 54.0 2,244 1967 to 1991, we see a decline in First

November 2003 17 elections varied from 86.7 percent in Table 4 1983 to 96.9 percent in 1978. Nova Rate of First Nations Voter Turnout in Nova Scotia Provincial Elections 1963–1993 Scotia showed a similar pattern with an overall average in the two Year % Number of electors provinces of about 90 percent. participation about whom rate information was available 1963 52.0 661 Analysis and conclusions 1967 67.2 987 1970 70.1 1,188 The data for on-reserve voting require 1974 65.4 1,401 explanation, and the commonly used 1978 57.9 1,758 concepts and explanatory models are 1981 60.1 2,150 not fully adequate to the task. The 1984 59.8 2,304 data are sufficiently anomalous to raise 1988 54.8 2,840 questions about the explanations for 1993 45.2 3,127 voter turnout used to account for vot- ing in the United States, Canada and Western Europe. In the absence of Table 5 more complete information on the Rate of Voter Turnout in New Brunswick Band Elections political behaviour and attitudes of 1972–1992 Aboriginal persons regarding voting, Year % Number of electors the political process, the various participation about whom social-psychological determinants such rate information was available as sense of efficacy and civic duty, and 1972–74 82.0 695 of correlations of changes in income 1975–77 94.2 720 and education to voting, no clear pic- 1978 96.9 353 ture can emerge and no definite con- 1979 81.1 599 clusions can be drawn. More study is 1980 87.8 654 required, and this should be a priority 1981 91.0 1,042 for researchers in voting behaviour 1982 88.7 690 and political participation. 1983 86.7 835 1984 93.5 505 However, agnosticism is an intellectual 1985 87.1 1,307 virtue that can inhibit as well as 1986 92.2 606 enhance research; hence, this article 1987 91.4 1,471 will offer a pair of explanations to 1988 88.8 1,036 account for the low and declining 1989 87.5 1,269 turnout in “Canadian” elections and 1990 91.2 1,274 the very high turnout in band elec- 1991 88.2 1,391 tions. As is well known, Status Indians 1992 94.9 760 have had to follow a twisted road to the ballot box. Male Indians were Nations turnout in all provinces Alberta all had percentages of voter enfranchised in 1885 under John A. except Quebec, which had consistent- turnout on reserves of less than 30. Macdonald’s Conservative govern- ly low turnout throughout the period. ment. Laurier’s Liberals repealed the Additionally, by the 1990s all prov- Finally, Tables 5 and 6 present what Electoral Franchise Act in 1898, remov- inces showed turnout percentages are perhaps the most surprising data. ing the right to vote for Status for reserve communities that were Band elections in New Brunswick and Indians. The stated reason was that, as significantly lower than for the rest of Nova Scotia show consistently very wards of the state, they could not act the population. Ontario, Quebec and high turnouts. New Brunswick’s band independently and freely. Unofficially,

18 Electoral Insight as Malcolm Montgomery argued, they had “committed the crime of not vot- Table 6 Rate of Voter Turnout in Nova Scotia Band Elections 1978–1992 ing the right way.”7 They could not vote again in Canadian federal elec- Year % Number of electors participation about whom tions until 1960 and only by the 1960s rate information was available in most provincial elections. Prior to 1978 90.2 254 1960, Status Indians could only vote if 1979 – – they gave up their status through the 1980 91.3 507 “enfranchisement” process defined in 1981 73.8 183 the Indian Act. 1982 88.9 1,427 1983 93.8 128 The interpretation of the low and 1984 90.1 1,547 declining participation in the electoral 1985 94.5 145 process by on-reserve Status Indians 1986 94.4 815 that overwhelmingly presents itself is, 1987 55.6 689 in the vocabulary of voting literature, 1988 91.0 2,712 the declining sense of “civic duty” 1989 90.6 328 among Aboriginal persons. Using 1990 83.5 3,363 more politically meaningful language, 1991 90.0 489 the past 40 years have seen a signifi- 1992 92.0 3,215 cant decline in the self-identification of Aboriginal persons as Canadians. Clearly, much more research needs to personal contacts and discussions, Conventional voting analysis sees be done to confirm this conjecture. it is reasonable to conclude that local elections as less important and However, based on the published the voting statistics presented here as having turnout rates of half to works of Aboriginal scholars and articulate an important political, one third those of national elections. activists, the policy and political cultural and attitudinal change within Yet, here we see the opposite. Again, positions taken by Aboriginal leaders Aboriginal communities. what will be proposed here is still and organizations, and extensive speculative, but is based on extensive If this hypothesis is correct, observation of band-level politics and then the voter turnout numerous personal contracts and con- data indicate that there is versations. The extraordinarily high a crisis of legitimacy facing turnout in band elections during the the Canadian state. A period examined results from a pathol- significant proportion of ogy in the politics and governance a group that makes up of reserve communities. Under the 4 percent of the total regulations of the Indian Act and the population of Canada has federal government’s 20-year policy of serious and deep-seated devolving self-government authority to Photo: Photo: National of Archives Canada, PA-190699 questions about the reserves, band councils have come to legitimate authority of wield unprecedented control over the the Canadian state and lives of reserve community members. its control over their lives. Furthermore, not only are the areas of jurisdiction extensive, but control over Perhaps more surprising these areas is concentrated in a few than the data on federal hands. Unlike the experience of non- Prime Minister John Diefenbaker achieved a long-held personal and provincial elections is Aboriginal Canadians, for those per- goal when Parliament extended the franchise to all Status the very high turnout sons living on reserves the same small Indians in 1960. They were no longer required to give up for band elections. number of people, wielding a single their Indian status in order to vote.

November 2003 19 Let me be clear, the Table 7 problem is not corrup- First Nations Turnout in Provincial Elections tion. While measures Percentage such as the proposed 100 changes to communi- 90 ty governance are 80 welcome, they do not address the real issue. 70 62.9 Similarly, the ongoing 60 52.9 50.5 49.6 policy of the incre- 50 42.2 41.7 mental devolution 38.5 40 of self-government 28.4 29.0 29.5 30 26.4 25.0 authority only exacer- 20 bates the current 10 situation. Where such additional authority 0 1970 1989 1967 1990 1973 1990 1967 1991 1967 1989 1969 1991 is acquired, even (8,545) (18,220) (5,590) (9,173) (5,332) (8,980) (2,874) (5,385) (2,273) (2,653) (628) (1,610) Quebec Ontario Manitoba Saskatchewan Alberta British more will hang on Columbia the results of band (Number of First Nations electors included) elections. political authority, controls access to democratic politics requires that More study of voting patterns will help housing and welfare, education and those who have lost an election or illuminate a number of issues at the education grants, policing, municipal a decision still accept the outcome. centre of the political life of reserve services, employment, community eco- This means that democracy works communities. Key information can be nomic development, and health and best when the stakes are low. The gained from further investigation into social services. This is in addition to poverty of many reserves, and the the (non) voting patterns of Aboriginal being the avenue for contact between lack of access to resources outside the persons and into their causes. Those the community and government and political system of the reserve, result expert in the study of voting must turn other Aboriginal organizations. in people who are dependent on the their attention to Aboriginal voting. resources that pass to the community Generic studies of voting across Canada This degree of concentration of through the chief and band council. do not apply to these uniquely situated political and economic power can The stakes are, thus, enormously high; communities with political issues and distort the normal functioning of so, too, are the incentives to vote in ideas that are often very different from democratic politics. Legitimate band elections. those of other Canadians.

NOTES

1. Arend Lijphart, “Unequal Participation: and Kurt Lang and Gladys Lang, Voting all polls that were wholly contained within Democracy’s Unresolved Dilemma”, The and Non-Voting (Waltham, Massachusetts: the boundaries of the reserves examined. American Political Science Review Vol. 91, Blaisdell Publishing Co., 1968). In the early years, relatively few polls were No. 1 (March 1997), pp. 1–14. so contained. The number increased over 5. Research for this paper was conducted with the years as Elections Canada attempted 2. Lijphart, “Unequal Participation,” p. 1. Sidney Pobihushchy and was originally to harmonize poll and reserve boundaries. published as “On-Reserve Status Indian 3. Lijphart, “Unequal Participation,” p. 2. Data on band elections were collected Voter Participation in the Maritimes,” and made available by the Department of co-authored with Sidney Pobihushchy, 4. See, for example: Elisabeth Gidengil, Indian and Northern Affairs. “Canada Votes: A Quarter Century of The Canadian Journal of Native Studies Canadian National Voting Studies,” Vol. 15, Issue 2 (1996), pp. 255–278. 7. Malcolm Montgomery, “The Six Nations Canadian Journal of Political Science and the MacDonald Franchise,” Ontario 6. The data on voting in federal and Vol. XXV, Issue 2 (June 1992), pp. 219–248; History Vol. LVII, Issue 1 (1965), p. 25. provincial elections were collected from

20 Electoral Insight Aboriginal Participation in Elections

The Alienation of Nation Understanding Aboriginal Electoral Participation

Kiera L. Ladner Assistant Professor, Department of Political Science, University of Western Ontario

The topic of Aboriginal electoral participation is extremely is situational (it varies significantly, depending on the complex and multi-faceted, for there are innumerable factors election and level of government), several questions that influence electoral participation rates among both indi- must be asked. Why do so many Aboriginal people viduals and collectivities. This complexity is heightened by not vote? What, if anything, can be done to increase the lack of reliable data on Aboriginal participation rates in the participation of Aboriginal people in Canadian federal and provincial elections and the lack of longitudinal electoral politics? studies in this area. The shortage of information can be attributed in part to the virtual absence of electoral districts This article begins to address these questions by focusing on where Aboriginal people represent the majority of voters. the two primary reasons – alienation and nation – why Moreover, the data collected from the 296 polling stations Aboriginal people do not vote. It also suggests possible that are located on reserves (see below) could be construed as measures that could alleviate these causes of electoral unreliable due to the relatively small number of such polling dispossession. Specifically, I argue that electoral dispossession stations and the refusal of some First Nations (such as is the result of both the alienation of Aboriginal people from Akwesasne) to allow polling stations on their reserves. the Canadian political system and the discourses of national- ism and rights that permeate Aboriginal communities. The While rates of participation cannot be determined with existence of these two factors highlights the need to address absolute accuracy, it is certain that the rate of electoral the recognition and participation of Aboriginal nations. participation among Aboriginal peoples is, on average, While more research is necessary, my initial reflections are considerably lower than among the general Canadian grounded in the Indigenous world and are based on my con- public. For instance, while according to the Chief of tinued interaction with and research on the “traditional” and Akwesasne “only one Akwesasne [Mohawk] person has more radical elements of numerous Aboriginal communities. ever voted in a Canadian election,”1 in Hobemma (Plains Cree), the typical rate of participation prior to Alienation and electoral participation 1991 was 12.5 percent.2 According to research carried out at Elections Canada, rates of participation in the Typically, lack of participation in electoral politics by a 2000 federal election ranged from 35.3 percent in Quebec community of interest or minority is attributed to a lack of to 66.9 percent in Prince Edward Island.3 faith in the political system, a sense of alienation from the electoral system and political processes, feelings of exclusion, Acknowledging that turnout varies considerably among the existence of structural barriers within electoral politics reserves, nations and urban areas, and that participation that hinder participation, a perceived lack of effectiveness,

November 2003 21 turnout among Aboriginal percentage of electors, it may be very peoples by increasing their difficult to increase their presence participation in political in electoral politics as candidates parties, and specifically by and, most importantly, as voters. As

Photo: Photo: Elections Canada creating greater opportunities Stasiulis and Abu-Laban point out in for both the nomination of their discussion of the representation Aboriginal candidates and and participation of ethnic and racial increased Aboriginal involve- minorities in electoral politics, ment in party policy and structural and organizational barriers decision making? impede participation in mainstream party politics, thus ensuring the It appears that it would be continued alienation of voters from possible to increase the rate such groups.6 I would argue that this of electoral participation by has also been the case for Aboriginal increasing Aboriginal involve- people. In the past and in a variety of ment in Canadian politics elections (at all levels of government), (generally). But increasing and for reasons including maximizing sustaining the involvement of electoral support, many parties have Aboriginal people and issues chosen to rely on the alienation in party politics may not be a of Aboriginal voters. However, Before the 1993 extension of the special ballot to anyone very effective strategy. Given while some candidates and political unable to vote at a polling station, making voting that political parties are seeking parties have ignored the Aboriginal accessible to Aboriginal and other electors throughout to maximize public appeal and community and banked on their Canada’s vast and sparsely populated northern regions voter support, there is likely continued alienation and low levels often required extensive travel by election officials. very little opportunity for of participation to win elections, the non-affirmation of group difference Aboriginal people to capture nomina- others have attempted to secure by and within electoral politics, and tions and/or the attention of political victory by creating alienation and the virtual lack of a group’s presence parties in areas where they do not con- splitting the Aboriginal vote. For or representation in electoral politics stitute a significant percentage of voters. instance, during the 1995 provincial (and in politics generally).4 At first This poses a serious problem, since the election, members of the Manitoba glance, it seems as though the literature Aboriginal population is relatively Progressive Conservative party helped of democratic theory may be correct in small, as well as being fragmented and to create and financially support the its depiction of factors that contribute scattered throughout Canada. At the Independent Native Voice party in to low rates of electoral participation federal level, the absence of a signifi- several constituencies, thus disrupting among specific communities of interest. cant concentrated population cannot the NDP campaign.7 Voter apathy, alienation, feelings of readily be overcome; exclusion and perceptions of a lack there are few areas Voter apathy, alienation, feelings of of effectiveness are dramatically and where electoral positively affected by the inclusion districts exist or could exclusion and perceptions of a lack of a group in the electoral process be established in of effectiveness are dramatically and (as candidates and in platforms). which Aboriginal positively affected by the inclusion of people would consti- A group’s electoral participation tute a significant a group in the electoral process … generally increases with increased enough percentage participation in political parties and the of the electorate to wield actual In light of the lack of a critical mass, inclusion of its interests in party influence in electoral politics. a radical transformation is required. platforms and/or the predominant Despite the fact that Aboriginal campaign issues.5 Accordingly, would Even in situations where Aboriginal people have been able to vote federally it not be possible to increase voter people constitute a significant since 1960, and that Aboriginal

22 Electoral Insight of their Aboriginal nation (having electoral participation (as candidates become a “Canadian”). and voters), as it would begin to address the issues of inclusion (individ-

Photo: Photo: Lise Menard As historian Iris Marion Young and ual and collective), representation, other progressive theorists of democracy alienation and effectiveness. Still, one have argued, ignoring group differences has to ask how Aboriginal voters would has oppressive consequences. If one react to such a system. Would the is to encourage participation without creation of a system of particularistic further oppressing and dominating a representation fully address the roots group, one must engage in democratic of electoral alienation? Would the pluralism or the politics of difference suggested increase in voter participation that “acknowledges and affirms the be measurable and sustainable? Would public and political significance of guaranteed representation have any social group difference as a means effect on existing national (read: Many Aboriginal people meet together at of insuring the participation and Indigenous Nation), regional and powwows. The singing and dancing, and inclusion of everyone in social and reserve/urban variations in rates of sharing of art and food are a celebration of political institutions … [without Aboriginal electoral participation? their cultures and rich heritage. The regalia forcing individuals worn by the dancers evolve over time to and groups] to assim- reflect a vibrant and changing way of life. By and large, Aboriginal people continue ilate to dominant cultures and communities are extremely norms and the to see the Canadian political system as political, Aboriginal people fail to see abandonment of an instrument of their domination and themselves in the political process or group affiliation oppression. to feel included and respected as both and culture.”8 individuals and collectivities. By and large, Aboriginal people continue to While most of the existing literature The nation and electoral see the Canadian political system as on Aboriginal electoral participation participation an instrument of their domination does not engage this issue from the and oppression. They see themselves vantage of radical democratic plural- To my mind, obtaining measurable as distinct from other Canadians and ism, much of it agrees with Young’s and sustainable Aboriginal participation as belonging to “nations within”; assertion that the political system in every community is not a sure bet. and as nations that are not represented needs to recognize and affirm differ- The reason is simple: particularistic “within”. It is interesting to note ence (using differentiated group repre- representation would not address all of that this sentiment remains constant sentation) in order to encourage the issues resulting in the alienation even when there is an Aboriginal Aboriginal voting.9 In fact, Aboriginal of Aboriginal individuals and nations candidate and widespread community electoral districts were recommended from the Canadian political system. participation in an election. The by the Royal Commission on Electoral Aboriginal people are not simply a collectivity may feel unrepresented, Reform and Party Financing and its community of interest or a minority and candidates may feel that they are Committee for Aboriginal Electoral group that feels alienated from the unable to represent their community Reform as a means of remedying the political process. They form “nations due to the constraints of party politics structural inequalities that impede within”: nations with distinct political and the existing political system. As a Aboriginal participation (as candidates cultures, political systems, political former Aboriginal MP once confided, and as voters) in the traditional traditions, histories of colonization, neither (s)he nor her/his people were electoral system.10 relationships with other nations (such represented in Parliament; a sentiment as Canada), and visions as to how the that may have contributed to the There is no doubt that particularistic relationship between their nations and community’s backlash and the wide- representation (representation using Canada should be structured and the spread belief that (s)he had sold either affirmative redistricting or guar- manner in which each nation should out and had failed to act as a member anteed seats) would affect Aboriginal participate in the affairs of the other.

November 2003 23 As each Aboriginal collectivity has Indigenous nationalisms, treaties and the continued colonization of the its own political traditions and its the explicit decisions of both individuals Maliseet nation. own vision of a just relationship with and communities. For Canada, electoral participation varies instance, a leading I would argue that a majority of Aboriginal substantially, as does the manner in Anishnaabe scholar which individuals and collectivities recently explained people with strong ties to their communities rationalize their participation (or lack this widespread and their history, traditions and language thereof) in Canadian politics. To fur- rationalization of have explicitly decided not to participate in ther complicate matters, participation non-participation rates (and the rationalization thereof) as follows: “I don’t Canadian elections. vary, especially when comparing vote in elections nationalists and traditionally minded in France. I don’t vote in elections in It is interesting to note that while individuals who are grounded in their Ethiopia. Why would I vote in Canada? members of the Maliseet nation communities with individuals who They are all foreign nations.”11 In mourned electoral participation have few ties to their nation and its short, at issue is a matter of contested because of contested citizenship, history, political traditions and sense citizenship wherein many Aboriginal members of other nations have advo- of nationalism. peoples (individuals and nations) cated increased electoral participation dispute their citizenship on the based on their contested citizenship. I would argue that a majority of grounds that they are citizens of For instance, during the last federal Aboriginal people with strong ties to Indigenous nations. election several nations (including the their communities and their history, Plains Cree) promoted strategic partic- traditions and language have explicitly What is interesting is that this issue ipation (block voting) as an acceptable decided not to participate in Canadian of contested citizenship remains fairly means of affirming and defending their elections. Further, as Indigenous widespread, even in communities nationhood and their Aboriginal and nationalisms gather strength and where members have engaged in treaty rights from the Alliance party. Indigenous peoples increasingly decide electoral politics (as candidates and/or In fact, in many communities, to cast off the shackles of dependency voters). This was evident in a conver- electoral participation was promoted and to rebuild their independence, sation that I had with a Maliseet as being compatible with, and even levels of participation will decrease scholar following the election of beneficial for, nationhood. It was rather than increase. This lack of T. J. Burke (the first Aboriginal person presented as compatible, at least participation, though often attributed to to be elected to a legislative assembly insofar as that specific election was alienation from political processes and in the Atlantic provinces) to the concerned, with voting as nations, the issues associated with colonization, New Brunswick legislature in 2003. for as nations they were struggling to should be thought of as resulting from Even though the community had “one defend themselves from the political of its own” running agendas of certain parties. in the election and generally supported Indigenous nationalisms are growing the individual, there stronger and citizenship is increasingly was a backlash against being contested. Consequently, even if both the candidate a system of guaranteed representation and those who voted were created, it would be extremely for him on the basis difficult to affect positively the rates that they had failed of electoral participation among to live as members of Aboriginal people. This is particularly their nation. To that true in situations where an Aboriginal end, instead of cele- nation’s contested citizenship is predi- brating the electoral cated on a treaty. For the most part, success, much of the treaties (both peace and friendship and community mourned so-called land cession/sharing treaties)

24 Electoral Insight have institutionalized a nation-to- politics. Providing for such representa- nation relationship that affirmed the tion would enable Aboriginal people to continued sovereignty of each nation participate in Canadian electoral poli- (colonial and Indigenous) and tics as nations and to vote as, and for, guaranteed a relationship of non- citizens of their nations.16 A system of interference whereby neither nation guaranteed representation could liber- would interfere with the affairs of ate Aboriginal people from the forces the other, except in certain, mutually of assimilation, as individuals would agreed areas of co-sovereignty or not be forced to participate in the co-operation.12 Thus, for many treaty alien system as “Canadians”. Instead, peoples, voting in Canadian elections The Web site of the National Conference they could participate in electoral entails both participating in an alien of State Legislatures at www.ncsl.org/ politics as members of their nations programs/esnr/WIsummary.htm provides system and engaging in an act (inter- more information about the history of tribal and in a manner that could be fering with the business of another delegates in the state of Maine. designed to incorporate Aboriginal nation) their nation promised it would peoples as “nations within”. I would never do. allowed for the participation of tribal argue that enabling nation-based delegates (not representatives or participation in electoral politics Given this reality, it appears as though participants in state politics), from would address the two primary causes increasing Aboriginal participation the Penobscot and Passamaquoddy of electoral dispossession among in Canadian elections is not only an nations, in their state legislature since Aboriginal people. It would do so enormous obstacle, but an insurmount- 1820.13 Moreover, the idea of national, by guaranteeing the inclusion of able one at that. But is increasing tribal and/or treaty representation Aboriginal peoples as candidates and participation among Aboriginal has been discussed several times in actors in electoral politics. Moreover, peoples (particularly those engaged Canada among Aboriginal people, it would enable Aboriginal people to in nation (re)building) an impossible academics, parliamentarians and Royal participate (as voters, as candidates task? Not necessarily. However, a simple Commissions.14 In fact, the Royal and in debate on issues) as members Commission on of nations – nations that could be Aboriginal Peoples incorporated through a system of A system of guaranteed representation could even went so far delegates who represent their nations liberate Aboriginal people from the forces as to recommend in Canadian politics but who do of assimilation, as individuals would not be the creation of not engage in or interfere with the an Aboriginal operations of the Canadian system forced to participate in the alien system as Parliament.15 (consistent with treaty rights and “Canadians”. obligations). Is it possible that a system of particular- To conclude, as has been articulated solution does not exist. Participation istic representation based on the by countless generations of Aboriginal and representation would have to representation of nations and/or treaties peoples and the Royal Commission be predicated on recognition of, would facilitate a sustained increase on Aboriginal Peoples, politicians, and respect for, nationhood and the in electoral participation among bureaucrats and scholars, the relation- nation-to-nation relationships Aboriginal people? Is it really necessary ship between Aboriginal peoples articulated in the treaties. This could to base representation on nationhood? and Canada is in desperate need of readily be facilitated using a system Is it necessary to transform Canada or renewal. A new relationship based of particularistic or guaranteed to incorporate the nations within? on an affirmation of nationhood needs representation that provided for While it is impossible to tackle these to be forged and creatively facilitated. some semblance of national or treaty questions here, I would argue, with This could be done through the representation. Such a system of absolute certainty, that national and/or creation of a system of guaranteed guaranteed representation is not treaty representation would increase representation based on nations and/or unheard of: the state of Maine has Aboriginal participation in electoral treaties. Such a system would provide

November 2003 25 an opportunity to incorporate Aboriginal people to participate in the transformation of the political Aboriginal peoples as “nations within” Canadian politics as nations without system need not be extreme to achieve by increasing their participation as interfering in Canadian elections transformative results. It simply needs nations and individuals through or in matters of no concern to the to be inclusive and to include the inclusion as voters and candidates, Aboriginal nation. It would also “nations within” as nations. and by integrating their issues into provide a means for Aboriginal nations electoral politics. This would neces- to address issues of mutual concern sarily improve participation, because with Canadians. As has been demon- it would begin to address the imple- strated in Maine, where national mentation of the treaty relationship delegates represent their nations in and address the roots of Aboriginal discussions in areas of tribal or mutual alienation (nationhood), as well concern but do not vote (as they are as providing an opportunity for not part of the state government),

NOTES

1. Michael Mitchell, “Akwesasne: An 6. Daiva Stasiulus and Yasmeen Abu-Laban, Reforming Electoral Democracy, Vol. 1 of the Unbroken Assertion of Sovereignty” in “Unequal Relations and the Struggle for Report of the Royal Commission on Electoral Bruce Richardson, ed., Drum Beat: Anger Equality: Race and Ethnicity in Canadian Reform and Party Financing, pp. 186–189. and Renewal in Indian Country (Toronto: Politics” in Michael Wittington and 11. Leanne Simpson, personal correspondence, Summerhill Press, 1989), p. 111. Glen Williams, eds., Canadian Politics in the August 22, 2003. 21st Century (Scarborough: Nelson, 2000), 2. Roger Gibbins, “Electoral Reform and pp. 327–353. 12. James Youngblood Henderson, Canada’s Aboriginal Population: An “Empowering Treaty Federalism” in Assessment of Aboriginal Electoral 7. Doug Smith, As Many Liars (Winnipeg: Saskatchewan Law Review Vol. 58 (1994), Districts” in Robert A. Milen, ed., Arbeiter Ring, 2003). pp. 241–332. Aboriginal Peoples and Electoral Reform in 8. Iris Marion Young, Justice and the Politics Canada, Vol. 9 of the Report of the Royal 13. For a brief discussion of the history of tribal of Difference (Princeton: University of Commission on Electoral Reform and Party delegates in Maine, and discussions in Princeton Press, 1990), p. 168. Financing (Ottawa: Supply and Services Wisconsin and South Dakota pertaining to Canada, 1991), p. 159. It is interesting 9. For example, see: Augie Fleras, “Aboriginal the adoption of a similar system, see: to note that the rate of participation in Electoral Districts for Canada: Lessons from www.ncsl.org/programs/esnr/WIsummary.htm. Hobemma peaked at 55 percent in 1988 New Zealand” in Milen, ed., Aboriginal 14. Kiera L. Ladner, “Treaty Seven and when Wilton Littlechild, a lawyer from Peoples and Electoral Reform in Canada, Guaranteed Representation: How Treaty the community, was elected. pp. 3–65. It should be noted that several Rights Can Evolve into Parliamentary scholars, while recognizing that particularistic 3. Daniel Guérin, “Aboriginal Participation in Seats” in Great Plains Quarterly Vol. 17, representation may enhance Aboriginal Federal Elections: Trends and Implications,” Issue 2 (1997), pp. 85–102. participation, oppose the creation of in this issue of Electoral Insight. Data is differentiated representation. For example, based on turnout rates at the 296 polling 15. Report of the Royal Commission on Aboriginal see: David Small, “Enhancing Aboriginal stations located on First Nations reserves. Peoples, Vol. 2 (Ottawa: Canada Representation Within the Existing System Communication Group, 1996). 4. See Jon H. Pammett and Lawrence LeDuc, of Redistricting” in David Small, ed., Explaining the Turnout Decline in Canadian Vol. 11 of the Research Studies, Royal 16. Bedford and Pobihushchy, in an examina- Federal Elections: A New Survey of Commission on Electoral Reform and Party tion of Aboriginal participation in federal, Non-voters (Ottawa: Elections Canada, Financing, Drawing the Map: Equality and provincial and band elections, note that March 2003). Efficacy of the Vote in Canadian Electoral voter turnout among Aboriginal people Boundary Reform (Toronto: Dundurn Press, tends to be considerably higher at the local 5. The inclusion of Aboriginal people and 1991), pp. 307–348. or band level. David Bedford and Sidney issues in party politics need not be positive Pobihushchy, “On-Reserve Status Indian to have an impact on voter participation. 10. Committee for Aboriginal Electoral Reform, Voter Participation in the Maritimes,” For example, in the last election the position “The Path to Electoral Equality” in Report Canadian Journal of Native Studies Vol. 15, of the Alliance party on Aboriginal issues of the Royal Commission on Electoral Reform Issue 2 (1995), pp. 255–278. caused many communities to promote and Party Financing, Vol. 4, pp. 228–296. voting against Alliance candidates. Also “Equality and Efficacy of the Vote” in

26 Electoral Insight Aboriginal Participation in Elections

Exploring the Issues of Aboriginal Representation in Federal Elections

Anna Hunter Assistant Professor, Department of Political Studies, University of Saskatchewan

Aboriginal people can make a strong claim that the The theory of representative democracy federal electoral system perpetuates their exclusion. The level of Aboriginal voter participation in federal In Canada, the representational inputs and outputs of electoral politics remains low,1 and their ability to elections have commonly been regarded as key determi- successfully translate political participation into the nants of democratic governance. The quality of Canada’s nomination and election of Aboriginal people to representative democracy is measured against a number the House of Commons is even lower.2 This lack of of indicators: (1) the authority and accountability of the representation of Aboriginal people in formal political electoral system to represent the views, needs and aspira- processes signifies such a high degree of political tions of voters; (2) the institutional ability to produce a alienation that it threatens the legitimacy of the legislature that closely mirrors, in its social characteristics Canadian democratic electoral system. It also sustains such as gender, ethnicity and social class, the composition a very tenuous relationship between Aboriginal and of the population represented; and (3) the responsiveness non-Aboriginal Canadians. of government actors in translating voters’ preferences into appropriate responses from government.5 Together In the absence of formal mechanisms to facilitate the and separately, these indicators reflect the normative necessary exchange of ideas, Aboriginal people have principle that the activity and composition of the legisla- been conditioned to use “very blunt instruments to ture play a significant role in determining how well a make their point, such as highly charged political government can represent the distinct political interests demonstrations, blockades, and litigation.”3 In the words of its constituents. Ideally, each citizen is entitled to have of Alan Cairns, there is a brutal reality that if present a voice in the deliberations of government, as well as the trends of Aboriginal unemployment, social exclusion right to bring grievances and concerns to the attention and anomic conditions continue unchecked, the results of his or her government representative.6 for both Aboriginal and non-Aboriginal peoples will be catastrophic.4 This article explores the issue of effective The ability and willingness of Parliament to ensure the representation of Aboriginal people in federal electoral political representation of particular groups is an integral politics, and culminates in calling for an increase in component of a democratic government. Political the numerical representation of Aboriginal people in representation structures government activity; those with addition to advancing their substantive representation access to the decision-making structures of Parliament through inclusion of their distinct world views in act as gatekeepers, deciding which interests will be political institutions. addressed in the public sphere and how they will be

November 2003 27 prioritized, packaged and presented. Aboriginal representation in Support drawn from within federal Consider the representative function federal electoral politics institutions is a necessary and comple- of parliamentary debates. Securing mentary component of advancing political representation is not only Improving Aboriginal political repre- the agenda of self-government and important in terms of potential sentation has been widely endorsed self-determination.15 numerical outcome, but also in terms of as an important objective within the character of the debate leading to the larger framework of securing social Increasing Aboriginal representation the outcome.7 As Roger Gibbins notes, justice for Aboriginal people.12 also offers the potential to imbue when the House debates issues such Increased representation in federal existing governmental structures with as abortion or Aboriginal rights, the electoral politics will give Aboriginal Indigenous traditions, philosophies outcome of the debate would arguably people greater access to the decision- and ideologies, to the advantage of be different if the membership of the making processes that affect them, Aboriginal and non-Aboriginal House included greater representation which will, in turn, enable Aboriginal people. To engage sufficient Aboriginal from potentially affected groups.8 people to direct those processes participation in the federal electoral to meet their specific needs and system that claims of effective There is a direct connection between aspirations. John Borrows explains: Aboriginal political representation the legitimacy of the Canadian can be justified, it is imperative to democratic electoral process and its “To preserve and extend our integrate Aboriginal world views into ability to foster political representation participation with the land, and our the social, political and institutional that reflects the social diversity of association with those who now live fabric of Canadian electoral practices. its constituents. In Sauvé v. Canada on it, it is time to talk of Aboriginal These world views are inspired and (Chief Electoral Officer),9 the Supreme control of Canadian affairs. Various protected by Indigenous knowledge and Court of Canada identifies the vital sites of power in Canada must be values, and the shared belief that each symbolic, theoretical and practical permeated with Aboriginal people, Indigenous regime is characteristic of connection between having a voice in institutions, and ideologies … the creative adaptation of a people to making the law and being obliged to Aboriginal people must work an ecological order,16 along with the obey it: “This connection, inherited individually and as groups beyond accompanying belief that the natural from social contract theory and their communities to enlarge and world is alive and spiritually replete.17 enshrined in the Charter, stands at the increase their influence over matters The distinct Aboriginal world views heart of our system of constitutional that are important to them.”13 can also be understood through a more democracy.”10 Political institutions functional and less esoteric approach. that reflect the diversity of their Increasing Aboriginal representation Consider Benjamin Barber’s explana- constituents instill a greater sense of offers the opportunity to include the tion that there are basically two inclusion and belonging, which in Aboriginal community of interest in democratic worlds in America: a remote turn increases their perceived political the political sphere. This would foster world defined by complex national legitimacy. In a democratic society, the direct participation and represen- institutions and bureaucratic policies, citizens cannot be expected to abide tation of Aboriginal people, which and the other, more intimate, world by laws indefinitely if they have would tend to promote and protect defined by neighbourhood and block consistently been excluded from their collective interests. associations, PTAs and community democratic access due to structural action groups.18 Aboriginal people and cultural restrictions. This is Furthermore, increasing Aboriginal function within these two worlds of particularly important if marginalized representation draws on the potential democracy, but their participation is groups have historically been excluded to further the agenda of Aboriginal filtered through an inherently different from electoral participation through self-government and self-determination perception of political processes and the operation of the law.11 The under- in a manner that sidesteps the perils institutions. Of particular importance to representation of Aboriginal people of high constitutional drama.14 the functional approach are the world in federal electoral politics offers a Aboriginal self-government and views derived from the individual and compelling example of this democratic self-determination will not work in collective experiences of colonial dilemma. isolation in Aboriginal communities. oppression and domination.

28 Electoral Insight Aboriginal Candidates Elected in Canadian General Elections, 1867–2000 Year Name of candidate Electoral Province/ Political Origin Plurality district territory affiliation 2000 Lawrence D. O’Brien Labrador Nfld. Liberal Métis 5,869 Rick Laliberte Churchill River Sask. Liberal Métis 2,177 Nancy Karetak-Lindell Nunavut Nunavut Liberal Inuit 3,917 Ethel Dorothy Blondin-Andrew Western Arctic N.W.T. Liberal N.A.I.1 2,425 1997 Lawrence D. O’Brien2 Labrador Nfld. Liberal Métis 1,567 Rick Laliberte Churchill River Sask. N.D.P. Métis 538 Nancy Karetak-Lindell Nunavut N.W.T. Liberal Inuit 1,565 Ethel Dorothy Blondin-Andrew Western Arctic N.W.T. Liberal N.A.I. 2,985 1993 Elijah Harper Churchill Man. Liberal N.A.I. 907 Jack Iyerak Anawak Nunatsiaq N.W.T. Liberal Inuit 4,715 Ethel Dorothy Blondin-Andrew Western Arctic N.W.T. Liberal N.A.I. 6,867 1988 Wilton Littlechild Wetaskiwin Alta. Progressive N.A.I. 12,672 Conservative Jack Iyerak Anawak Nunatsiaq N.W.T. Liberal Inuit 570 Ethel Dorothy Blondin-Andrew Western Arctic N.W.T. Liberal N.A.I. 1,758 1984 Cyril Keeper Winnipeg North Centre Man. N.D.P. Métis 4,089 Gerry St. Germain3 Mission–Port Moody B.C. Progressive Métis 4,753 Conservative Thomas Suluk Nunatsiaq N.W.T. Progressive Inuit 247 Conservative 1980 Cyril Keeper Winnipeg–St. James Man. N.D.P. Métis 438 Peter Ittinuar Nunatsiaq N.W.T. N.D.P. Inuit 311 1979 Peter Ittinuar Nunatsiaq N.W.T. N.D.P. Inuit 76 1974 Leonard Stephen Marchand Kamloops–Cariboo B.C. Liberal N.A.I. 3,146 Walter Firth Northwest Territories N.W.T. N.D.P. Métis 1,139 1972 Leonard Stephen Marchand Kamloops–Cariboo B.C. Liberal N.A.I. 714 Walter Firth Northwest Territories N.W.T. N.D.P. Métis 1,258 1968 Leonard Stephen Marchand Kamloops–Cariboo B.C. Liberal N.A.I. 3,296 1963 Eugène Rhéaume Northwest Territories N.W.T. Progressive Métis 1,155 Conservative 1949 William Albert Boucher4 Rosthern Sask. Liberal Métis 3,698 1930 Errick French Willis Souris Man. Progressive N.A.I. 472 Conservative 1874 Louis Riel5 Provencher Man. Independent Métis 126

Sources: • History of the Federal Electoral Ridings since 1867, Library of Parliament • Parliamentary Internet Web site at www.parl.gc.ca 1 North American Indian. 2 Lawrence D. O’Brien was previously elected in a by-election held in 1996 in the same electoral district. 3 Gerry St. Germain was previously elected in a by-election held in 1983 in the same electoral district. 4 William Albert Boucher was previously elected in a by-election held in 1948 in the same electoral district. 5 Louis Riel was also elected in by-elections in 1873 and 1874 in the same electoral district.

November 2003 29 Whether you take the Indigenous the constituency.19 Party discipline Finally, a sizable group of Aboriginal knowledge approach or the functional and a powerful executive have led to people believe that their distinct approach, it should be understood that the widespread perception that high- legal and political rights can only Indigenous people share separate and level politics should be left to the be realized through the defence of distinct world views that are embedded elites. As a result, Canadians in general traditional values predicated on within the core of Aboriginal differen- are feeling disengaged from formal principles of Indigenous nationhood tiated identity and citizenship. The political processes, and there is a and sovereignty; accepting anything result of these distinct world views is a noticeably strong movement towards less would be falling prey to profound sense of distance from the less formal channels of political action co-optation tactics. Each of these mainstream political system. To bridge as more appropriate for effecting anti-colonial Indigenous perspectives this distance, positive attempts must meaningful change. represents a politically significant be made to increase participation by opposition to Aboriginal electoral developing substantive representation of Against this backdrop of widespread participation. Aboriginal world views in the electoral voter apathy and low public confidence, system. Due to the depth and degree of there is a strong and steadfast opposition In addition to these concerns, the barriers to Aboriginal participation, that wholeheartedly rejects any form of Aboriginal people face structural it will simply not be enough to expect Aboriginal electoral participation on impediments to political mobilization. Aboriginal peoples to fit themselves the basis of fundamental philosophical Examples of structural challenges into the institutions of the colonial considerations. The historic policies of include geographical dispersal, and framework. assimilation imposed by the federal administrative and communication government have barriers.21 Aboriginal people need generated a deep- access to information that incorporates … many Aboriginal people fear that rooted distrust for a variety of different functions and Aboriginal participation in federal electoral federal initiatives. formats, so that the material reaches Aboriginal people its intended audience in a manner processes will detract from the recognition did not play a role that is not incomprehensibly legalistic, of inherent Aboriginal and treaty rights … in designing the and can be translated into Indigenous Canadian system languages when necessary. of government, and Barriers to Aboriginal they do not see themselves represented The barriers to Aboriginal participation participation in the federal in its institutions. As a result, there is in the federal electoral system are deeply electoral system a widespread perception among them ingrained in the political system. that Canadian political institutions Consider the list of four major factors The belief that Aboriginal people will lack legitimacy. contributing to Aboriginal under- ever collectively and positively engage representation offered by the in the Canadian electoral process The Department of Indian Affairs has Committee for Aboriginal Electoral requires a huge leap of faith. First, it a longstanding history of using enfran- Reform (1991): must be acknowledged that any changes chisement as a tool of assimilation,20 will have to take place in a broad and many First Nations people fear 1. The historical use of the federal context of widespread voter apathy that the recent calls to participate franchise as a means of assimilation; and decreasing public confidence in in Canadian political processes are 2. The failure of the federal electoral the legislative branch. Aboriginal and a modern manifestation of the assimi- system to recognize the Aboriginal non-Aboriginal people both have lationist agenda. In addition, many community of interest; reservations about the institutional and Aboriginal people fear that Aboriginal 3. Impediments to Aboriginal partici- personal incentives for participating in participation in federal electoral pation in political parties; and the prescribed democratic process in processes will detract from the recogni- 4. The failure of federal electoral its current form. The current system tion of inherent Aboriginal and treaty administration to meet the needs does not appear to reward independence rights, and legitimize the colonial of Aboriginal electors and to of spirit, policy innovation or service to order of unequal power relations. practise employment equity.22

30 Electoral Insight More than 10 years later, each of these factors remains firmly entrenched, perpetuating the legacy of Aboriginal under-representation in federal electoral politics. Photo: Photo: CP (Rod MacIvor)

One of the key reasons for this contin- uing legacy is the lack of political incentive to make the necessary changes. The federal government, focused on fiscal restraint and reform- ing the administrative processes of Indian Act communities,23 has not given priority to addressing Aboriginal Glowacki) Photo: Press CP/Winnipeg (Wayne Free electoral participation in federal Photo: National of Archives Canada, C16408 political institutions. Because Only a few Aboriginal people have been elected to the Aboriginal people do not generally Canadian House of Commons. The first was Métis leader Louis Riel (left), who was elected three times in the have the concentrated populations 1870s, but never actually took his seat. He led the North-West Rebellion in 1885, was tried necessary to collectively affect voting for treason and hanged in Regina later the same year. In 1968, Leonard Marchand (centre) outcomes, there is no direct incentive was the first Status Indian elected. He later served in the Trudeau Cabinet and was appointed to place Aboriginal issues on the to the Senate in 1984. Elijah Harper (right) was elected federally in 1993, following more than political agenda. This situation is 10 years in the Manitoba legislature, where he served as Minister for Native Affairs and Minister unlikely to change, given the built-in of Northern Affairs. Harper is best known for his 1990 role in blocking ratification of the Meech Lake Accord in the Manitoba legislative assembly. limitations of a political process driven by brokerage party politics. In a system where maximizing electoral Supreme Court of Canada, “the Court presented the following success and forming the government Charter charges courts with upholding conditions of effective representation: is the primary goal, political parties and maintaining an inclusive, partici- tend to seek broad consensus by patory democratic framework within “The first is relative parity of voting downplaying potentially divisive which citizens can explore and pursue power. A system which dilutes one ideologies and principles.24 As a different conceptions of the good.”26 citizen’s vote unduly as compared to result, it is unlikely that the current Accordingly, questions regarding another citizen’s vote runs the risk of system will accommodate Aboriginal fairness and equity in the electoral providing inadequate representation electoral interests. process for Aboriginal peoples could to the citizen whose vote is diluted be pursued under the Charter. … But parity of voting power, This situation is neither hopelessly though of prime importance, is not predetermined nor intractable, by The 1991 Supreme Court of Canada the only factor to be taken into any means. Attention has to be ruling Reference re Prov. Electoral account in ensuring effective repre- paid to incentives coming from Boundaries (Sask.)27 is of particular sentation …. Factors like geography, other areas, specifically the role importance in this regard. In this case, community interests and minority that the courts can play in dictating Justice McLachlin’s majority judgment representation may need to be taken necessary changes. It is clear that upheld a broad interpretation of into account to ensure that our demands for political representation the purpose of the right to vote legislative assemblies effectively are being judicially measured against granted in section 3 of the Charter. represent the diversity of our social an increasingly broad understanding The Court concluded that “the mosaic.”29 of democratic justice that draws purpose of the right to vote enshrined upon the Canadian Charter of in s. 3 of the Charter is not equality Thus, the debate has shifted beyond Rights and Freedoms25 and related of voting power per se, but the right demands based solely on numerical jurisprudence. According to the to effective representation.”28 The proportionality to demands for electoral

November 2003 31 practices that effectively represent to measure policy success: the will to actors do. Aboriginal people will need the diversity of our social mosaic. sustain Aboriginal languages, cultures to see tangible results in exchange for This expanded theory of effective and traditions is a driving force in their political participation in federal representation offers a great deal of Aboriginal political life33 and does electoral politics. Symbolic or token potential to Aboriginal people and not hold comparable importance in seats in Parliament that can offer only other groups that feel marginalized in mainstream political life. minority or supplementary status will terms of representation in Parliament not be sufficient. The benchmark of because it adds strength to their The next step towards increasing effective representation is being judi- demands for tangible results. Aboriginal participation and repre- cially measured against an increasingly sentation requires the institutional broad standard of equity and fairness, One of the biggest opportunities cap- accommodation of distinct Aboriginal and there can be no doubt that tured by the idea of “instrumentalizing political identities and interests. Aboriginal people will draw upon these the capacity for effective represen- Aboriginal people will need to see standards to realize their political needs tation”30 is its ability to shift the focus representation and inclusion of their and aspirations. from negative consideration of why leaders and their ceremonies, symbols Aboriginal people do not vote to the and practices in the political processes Conclusion development of positive reasons for and institutions of the Canadian Aboriginal people to vote. The task is State.34 The range of opportunities to The Canadian electoral landscape to develop and implement electoral meet this challenge is as diverse as the is marked by a profound sense of reforms to bring about effective many Aboriginal peoples across the distance between the Aboriginal representation for Aboriginal people country. In some cases, the representa- political community and the Canadian that meets two criteria. First, there tion will involve tribal-specific cus- political system. This article has must be an increase in the numerical toms and practices, and in others, it demonstrated that overcoming the proportionality of Aboriginal people will involve more pan-Indigenous systemic and structural barriers that within the legislature. Second, there understandings. An example of a prevent Aboriginal people from voting must be an increase in their substan- potential tribal-specific custom could will not be easy, but that it can be tive representation through the be the incorporation of a traditional accomplished through a commitment integration of Aboriginal world views tribal honour song or ceremony and its to the emerging judicial theory of into the social, political and institu- accompanying protocol to recognize effective representation. To justify tional fabric of Canadian electoral newly elected representatives. For the claims of effective Aboriginal political practice. There must be a conscious latter practice, consider the common representation, it is imperative that effort to break free from the colonial Indigenous understanding that leaders Aboriginal participation be more than mindset through the implementation of need to “have face” in the community numerical representation; it must be renewed and re-imagined democratic in order to gain the respect and sup- substantive in terms of integrating the processes.31 port of their constituents.35 Aboriginal distinct world views of Aboriginal and non-Aboriginal leaders cannot people into the social, political and The first step to realizing this goal is just be seen at election times, they institutional fabric of Canadian the recognition that Aboriginal peo- must make the effort to participate in electoral practice. This, in turn, will ples have a fundamentally different everyday community life and to devel- assist the development of an array of approach to politics and political life. op relations based on reciprocity and positive reasons for Aboriginal people Two differences that have particular trust. By doing so, the leaders will be to vote. This is the necessary bench- relevance emerge from the 1993 work able to truly understand the interests mark to meet in order to ensure an of Ovide Mercredi and Mary Ellen of the community, which will maxi- inclusive, participatory democratic Turpel.32 First, Aboriginal people mize their representational capacity. framework. generally approach politics informed by their traditional values, ceremonies, At any rate, it is imperative to recognize and the teachings of elders and other that Aboriginal people require incen- respected leaders. Second, Aboriginal tives to change their political behaviour people use a different set of benchmarks in the same manner that other political

32 Electoral Insight NOTES

1. For an informative analysis on the difficulty 12. See: Royal Commission on Electoral 21. For a thorough and informative discussion of measuring the voting participation of Reform and Party Financing, Reforming of the key issues of Aboriginal people, Aboriginal people in federal elections see Electoral Democracy: Final Report (Ottawa: communications and elections, see Valerie Roger Gibbins, “Electoral Reform and Minister of Supply and Services Canada, Alia, “Aboriginal Peoples and Campaign Canada’s Aboriginal Population: An 1991); The Royal Commission on Aboriginal Coverage in the North” in Milen, ed., Assessment of Aboriginal Electoral Districts” Peoples, Report of the Royal Commission on Aboriginal Peoples and Electoral Reform in in Robert A. Milen, ed., Aboriginal Peoples Aboriginal Peoples (Ottawa: Minister of Canada, pp. 105–152. and Electoral Reform in Canada, Vol. 9 Supply and Services Canada, 1996); and 22. Committee for Aboriginal Electoral of The Collected Research Studies, Royal the Report of the Committee for Aboriginal Reform, The Path to Electoral Equality Commission on Electoral Reform and Party Electoral Reform (Ottawa: Minister of (Ottawa: The Committee for Aboriginal Financing (Toronto: Dundurn Press, 1991), Supply and Services Canada, 1991). Electoral Reform, 1991), p. 8. pp. 158–160. 13. Borrows, “An Indigenous Declaration 23. See Bill C-7, the proposed First Nations 2. Since Confederation, only 17 self-identified of Independence” in Recovering Canada, Governance Act, which was not enacted Aboriginal people have been elected to the p. 140. before prorogation of the most recent session House of Commons. Currently, there are 14. David Smith, “Saskatchewan Perspectives” of Parliament on November 12, 2003, only four Aboriginal members of (Chapter Two) in Federation of Saskatchewan at www.fng-gpn.gc.ca/index_e.asp. Parliament out of 301. Indian Nations, Saskatchewan and Aboriginal 24. Archer et al., Parameters of Power, p. 372. 3. John Borrows, “The Environment, First Peoples in the 21st Century: Social, Economic Nations, and Democracy” in Recovering and Political Changes and Challenges (Regina: 25. Section 3 of the Charter states: “Every Canada: The Resurgence of Indigenous Law Printwest Publishing Services, 1997). citizen of Canada has the right to vote in (Toronto: University of Toronto Press, an election of members of the House of 15. See: Robert Milen, “Aboriginal 2002), p. 43. Commons or of a legislative assembly and Constitutional and Electoral Reform” to be qualified for membership therein.” 4. Alan C. Cairns, Citizens Plus (Vancouver: in Milen, ed., Aboriginal Peoples and University of British Columbia Press, 2000), Electoral Reform in Canada, pp. 3–65. 26. Sauvé v. Canada at para. 15. p. 208. 16. Marie Battiste and James (Sa’ke’j) 27. Reference re Prov. Electoral Boundaries 5. See: Lisa Young, Electoral Systems and Youngblood Henderson, Protecting (Sask.), [1991] 2 S.C.R. p. 158. Representative Legislatures: Consideration of Indigenous Knowledge and Heritage Alternative Electoral Systems, Report to the (Saskatoon, Saskatchewan: Purich 28. Reference re Prov. Electoral Boundaries Canadian Advisory Council on the Status Publishing Ltd., 2000). (Sask.), p. 183. of Women, July 1994, p. 1; Sally Weaver, 17. Laurie Anne Whitt, Mere Roberts, Waerete 29. Reference re Prov. Electoral Boundaries “Political Representivity and Indigenous Norman, Vicki Grieves, “Belonging to (Sask.), p. 184. Minorities in Canada and Australia” in Land: Indigenous Knowledge Systems and Noel Dyck, ed., Indigenous Peoples and the 30. Tim Schouls, “Aboriginal People and the Natural World” in Oklahoma City Nation-State (St. John’s, Newfoundland: Electoral Reform in Canada,” Canadian University Law Review Vol. 26, No. 2 Institute of Social and Economic Research, Journal of Political Science Vol. 24, No. 4 (Summer 2001), p. 701. Memorial University, 1985), pp. 113–150. (1996), p. 735. 18. Benjamin Barber, Strong Democracy: 6. Reference re Prov. Electoral Boundaries 31. Joyce Green, Self-Determination, Citizenship, Participatory Politics for a New Age (Sask.), [1991] 2 S.C.R. 158, p. 183. and Federalism: Indigenous and Canadian (Berkeley, California: University of Palimpsest (Regina: Saskatchewan Institute 7. Gibbins, “Electoral Reform …”, p. 157. California Press, 1984), p. xi. of Public Policy, March 2003), pp. 4–5. 8. Gibbins, p. 157. 19. Keith Archer, Roger Gibbins, Rainer 32. Ovide Mercredi and Mary Ellen Turpel, Knopff, Heather McIvor and Leslie A. Pal, 9. Sauvé v. Canada (Chief Electoral Officer) In the Rapids (Toronto: Penguin Books Parameters of Power (3rd ed.) (Toronto: ITP [2002] S.C.C. 68. Canada Ltd., 1993), p. 37. Nelson, 2002), p. 185. 10. Sauvé v. Canada at para. 31. 33. Mercredi and Turpel, In the Rapids, p. 38. 20. Ian A. L. Getty and Antoine S. Lussier, 11. Cora Voyageur and Joyce Green, “How As long as the sun shines and water flows: a 34. Green, Self-Determination, Citizenship, and Do You Spell Political Success? Candidate reader in Canadian native studies (Vancouver: Federalism, pp. 4–5. Characteristics in the 1999 ‘Harvest University of British Columbia Press, 35. This is an understanding inspired by the Election’” in Prairie Forum Vol. 22, No. 2 1983), p. 50. teachings of the Ktunaxa Nation. (Fall 2001), pp. 187–202.

November 2003 33 Aboriginal Participation in Elections

The Participation of Aboriginal Women in Canadian Electoral Democracy

Manon Tremblay Director, Research Centre on Women and Politics, University of Ottawa

To write on the participation of Aboriginal women in The objective of this article is to examine certain aspects Canadian electoral democracy is to consider a negative: of Aboriginal women’s participation in Canadian electoral Aboriginal women are essentially absent from Canadian democracy, and to compare it with that of non-Aboriginal parliamentary spaces. This absence can be explained by women. Its central theme is that the participation of their experiences as women and as Aboriginal people.1 Aboriginal women in a parliamentary system dominated by non-Aboriginal men of European background suffers from The fact that some Aboriginal people only fairly an accumulation of handicaps inherent in their being recently acquired the right to vote explains, in part, women and Aboriginal people.4 the paltry number of Aboriginal men and women elected to the House of Commons: since 1867, only 17 people Descriptive representation of Aboriginal self-declared as Aboriginal have been members of women in Canadian parliamentary spaces that House.2 But the paltry number of Aboriginal parliamentarians can also be explained by the fact that It was in 1960 that the federal legislature abolished the last a significant proportion of the Aboriginal population formal restrictions on the political citizenship of Aboriginal questions the right of the Canadian State to govern women and men (and the people of the First Nations in them; they offer instead an alternative vision, in which particular). Since Confederation, Indians had had the right the Aboriginal peoples deal with the federal state as to vote in federal elections, “but only if they gave up their equals (nation to nation), by virtue of a self-government treaty rights and Indian status through a process defined in based on Aboriginal and treaty rights.3 In short, the the Indian Act and known as ‘enfranchisement’.”5 Inuit scarcity of Aboriginal people within Canadian parlia- women and men had been able to vote in federal elections mentary spaces is the result of at least two forces: as held after 1950. The Métis had no specific restrictions on a rule, Aboriginal people have not tried to enter their right to vote; at least the men did not: Métis women, Parliament and the provincial legislatures, and the like non-Aboriginal women, were not allowed to participate federal government has done little to invite them in. in the selection of members of the Canadian House of The existence of racism in non-Aboriginal society must Commons until late in the second decade of the 20th century. also be taken into account. This process of shunting Aboriginal people aside is even more marked among Since the majority of Canadian women were added to the Aboriginal women, who must grapple not only with federal electoral lists,6 155 women have entered the Canadian the racism of non-Aboriginal society, but also with the House of Commons.7 Of that number, two have been Inuit, sexism of male-dominated institutions. First Nations or Métis: Ethel Dorothy Blondin-Andrew

34 Electoral Insight (member of a First Nation), elected for they seem plausibly linked to their the first time in 1988, and Nancy absence from the House of Commons; Karetak-Lindell (Inuit), elected for the they provide an initial canvas for first time in 1997, both under the analysis to which we must, neverthe- banner of the Liberal Party of Canada less, add the nuances of the specific Photo: Photo: CP (Dave Buston) and still sitting in the House in 2003. experiences of Aboriginal women. There is also one Aboriginal woman in the Senate: Métis Thelma J. Chalifoux, Aboriginal societies, like non- appointed in 1997 to represent the Aboriginal societies, evolve to the Liberal Party. The situation is little rhythm of gender-specific roles, different in the provincial and territorial created by the socialization process. legislatures, to which only a handful While there is no consensus on of women have been elected.8 In 1991, the importance of women’s role in Nellie Cournoyea became the first traditional Aboriginal societies, the Nellie Cournoyea was the first Aboriginal Aboriginal woman to serve as a first literature recognizes that “there has woman in Canada to serve as a first minister. minister (in the Northwest Territories).9 been a denigration of First Nations women’s roles in contemporary society sociodemographic markers such as Research has offered some explanations due to the impact of colonization.”13 profession or social class) deemed for the low number of women in To paraphrase Jamieson, under non- desirable by the local political elites Canadian parliamentary spaces. Aboriginal law, the Indian woman is responsible for selecting candidates. Essentially, they concern the socializa- citizen minus.14 In addition to this loss This suggestion is still a hypothesis, tion process and gender-based social of identity, Aboriginal women are also however, and must certainly be roles, and the rules of the political game. hit particularly hard by the tragedy qualified by taking account of One hypothesis is that the socialization of violence, a reality that cannot be the sociodemographic situation process does not encourage women to separated from their exclusion from of individual electoral districts. seek political roles. Moreover, their the circles of power.15 family, domestic and private responsi- The limited presence of women in bilities generate constraints on time The rules of the political game also the House of Commons could also and money and an isolation that limits contribute to the exclusion of be related to the cost of election their capacity to become politically Aboriginal women from Canadian campaigns, and especially nomination involved.10 The rules of the political parliamentary roles. In its final report, campaigns. Here again, this is likely to game throw up a major obstacle to the Royal Commission on Electoral affect Aboriginal women more severely women in the candidate selection Reform and Party Financing notes that since, on average, they have fewer process. Since parties can run only certain practices that parties adopt financial resources than their non- one candidate in an electoral district, to select their candidates contribute Aboriginal counterparts.18 some local political elites, it is argued, to the exclusion of women and hesitate to select a woman; doing this Aboriginal people from Canadian par- It is widely held that a plurality system is considered to be taking more of a liamentary institutions.16 It is possible is less favourable to the election of gamble with the electorate. Money also to argue – with little risk of being women.19 However, the election method poses a problem for women, particularly wrong – that Aboriginal women have is less relevant to the proportion of the expense of the nomination more trouble getting through the women parliamentarians than the campaign.11 Finally, it is suggested that selection process to become a political desire of political actors (and parties the plurality system limits the election party’s official candidate than women in particular) to increase their political of women and Aboriginal people.12 from the non-Aboriginal majority, presence. While it may appear that because of the combined weight countries with a proportional system To what extent do these explanations of racism and sexism. Moreover, have, on average, more women in in fact explain the limited presence Aboriginal women on average have Parliament than those that use a plu- of Aboriginal women in Canadian less education than non-Aboriginal rality system,20 the proportion of women parliamentary spaces? At first glance, women,17 an attribute (among other in Canada’s House of Commons is

November 2003 35 higher than in many countries that to be filled in an electoral district; the Commons? The current work on the elect their representatives using the party must be in a position to have participation of Aboriginal women proportional system, such as Poland, a number of its candidates elected; in Canadian electoral democracy Portugal, Israel, Colombia and Greece. and, finally, the electoral threshold suggests that they are not. Some Darcy, Welch and Clark make the for a party to qualify for seats must works do suggest that a clear majority same point: be reasonably high.24 of non-Aboriginal women MPs feel a responsibility to represent women, “Greece and Israel show PR [propor- In a democracy, ultimate power resides both inside and outside their electoral tional representation] is not sufficient with the people, who can resist the districts.26 by itself to produce substantial pro- election of more women parliamentari- portions of women parliamentarians. ans. The experience of Nunavut is Recently, as part of my research into Women are only a small proportion interesting in this regard. In 1994, the role of female representation in of the Israeli Knesset and Greek the Nunavut Implementation parliaments deriving from the British Vouli (both list PR systems), while Commission suggested gender-equal tradition, I interviewed female Canada and New Zealand21 show representation for the new Canadian members of New Zealand’s House of that PR may not be necessary. Each territory. The original aspect of Representatives. During the 1990s, has succeeded in electing substantial the proposal was parity: equal this country gave up the plurality proportions of women with single- male/female representation for every system in favour of a mixed election member districts. Indeed, the woman electoral district. If proportion of the New Zealand House this proposal of Representatives exceeds that of had passed the In 1994, the Nunavut Implementation 25 almost half of the proportional- referendum test, Commission suggested gender-equal representation nations. Thus, by the Legislative themselves, PR, STV [single Assembly of representation for the new Canadian transferable vote], or SMD [single- Nunavut would territory … member districts] election systems have become the appear neither to guarantee women first parliament seats nor exclude them.”22 in the world with an equal number system in order, among other things, of women and men (an honour to increase Maori representation,27 The conclusion, therefore, is that that has now gone to the National which benefited Maori women as the election method does not Assembly of Wales, despite the lack well. When I asked them whether automatically determine the number of acts or regulations designed to they felt a responsibility to represent of women in a parliament, but that attain parity of representation). the women of New Zealand, the other factors must be taken into Aboriginal (and particularly Inuit) female Maori deputies were unani- account, including the desire of the women would also have made serious mous: they represented Maori women, political elites to increase the number gains over their non-Aboriginal of course, but first and foremost they of female parliamentarians, a nuance sisters to the south. represented all Maori – women and also stressed by Lovenduski and Hills: men. It seems that cultural identity “it is likely that a large part of the “Substantive” representation is more important than sexual identity immediate explanation for low numbers of Aboriginal women in to these Maori MPs’ role as represen- of women in national office rests Canadian parliamentary tatives, perhaps because of a history rather with the reluctance of political spaces of oppression and their socio-political parties to promote women than with status, which is still that of a minority. the mechanics of the electoral Apart from the numbers, the issue at Garneau arrives at the same conclu- system.”23 Moreover, it is only under hand is the “substantive” representa- sion about female members of First certain conditions that proportional tion of Aboriginal women in Canada’s Nations in Quebec.28 It is a hypothesis representation favours the election of parliamentary system: are the needs, that could inspire a closer look at the women: there must be lists, preferably requests and interests of Aboriginal participation of Aboriginal women in closed lists; there must be several seats women heard in Canada’s House of Canada’s electoral democracy.

36 Electoral Insight Conclusion representation in New Zealand, the protected seats for Aboriginal people proponents of separate representation in a reformed Senate should not be What can be done to promote the argue, among other things, that it rejected out of hand without a serious participation of Aboriginal women permits the expression and maintenance evaluation of the proposed reform. in Canada’s electoral democracy? of a distinct identity; that it gives a First of all, it seems to me that this group in the numerical minority some I think the proposal for an Aboriginal participation cannot be forced and influence over political power; and Parliament is the most promising, that it must derive from the genuine that it is a recognition of culturally because it offers a wide range of desire of Aboriginal women and distinct groups within society and possibilities for self-government men to be involved in the political of their equality. On the other hand, and democratic governance. To deliver institutions of the non-Aboriginal the opponents of separate electoral on those possibilities, however, an majority. districts for the representation of Aboriginal Parliament would have minority cultural groups argue that to have real powers and resources, Essentially, there have been three they promote the balkanization of which is not the case in the proposal proposals on ways to promote the society; that they restrict Aboriginal from the Royal Commission on participation of Aboriginal people representatives to symbolic roles Aboriginal Peoples – it reserves a in Canada’s electoral democracy: the stripped of real power; and that purely advisory role for this new body.30 Lortie Commission proposed the they reserve “special treatment” for In addition, to make this third order of creation of Aboriginal electoral dis- a minority group, and indeed are remi- government as attractive to women as tricts (rec. 1.4.12); the Charlottetown niscent of an apartheid system.29 With to men, an Aboriginal Parliament must Accord, protected seats in the Senate respect to the second proposal, what is reintegrate the proposal of the Nunavut for Aboriginal people; and the Royal the point of reserving protected seats Implementation Commission for gender- Commission on Aboriginal Peoples, for Aboriginal people in an institution equal representation. That is an idea an Aboriginal Parliament (rec. 2.3.51). with no real control over the decision- that could spread to the representation Taking their inspiration from Maori making process? However, the idea of of non-Aboriginal women.

NOTES

1. The Aboriginal peoples of Canada consist Buzzetti, “Vote au leadership de l’Assemblée Recherches féministes Vol. 16, No. 1 (2003), of three groups: the Métis, the Inuit and des Premières Nations. Une véritable course pp. 5–42. the First Nations (Status and non-Status àtrois,” Le Devoir [Montréal], July 12–13, 8. A partial list includes Margaret Indians). The Inuit and First Nations are 2003, p. B1. Commodore (Yukon), Jeannie Marie subdivided into a host of nations. 5. Elections Canada, A History of the Vote Jewell (Northwest Territories), Norma 2. See the table “Aboriginal Candidates in Canada (Ottawa: Minister of Public (Anne) Kassi-Mercredi (Yukon), Alice Elected in Canadian General Elections” Works and Government Services Canada, McGuire (Yukon), Kathie Emma Nukon at p. 29 in this issue. 1997), p. 89. (Yukon), Lorraine Peter (Yukon) and Manitok Thompson (Northwest Territories 3. Robert A. Milen, Canadian Representation 6. Women from the non-Aboriginal majority and then Nunavut). and Aboriginal Peoples: A Survey of the Issues, have been able to run in federal elections document prepared for the research program since 1919, one year after they were granted 9. Linda Trimble and Jane Arscott, Still of the Royal Commission on Aboriginal the right to vote. In 1950, Inuit women and Counting. Women in Politics Across Canada Peoples (December 1994), pp. 2–3. See men became qualified to vote and entitled to (Peterborough, Ontario: Broadview Press, also Report of the Royal Commission on run as candidates. In 1960, all Indian people 2003), pp. 74–75. Aboriginal Peoples, Vol. 2, Restructuring the qualified to vote when the franchise was 10. Janine Brodie, Women and Politics in Relationship (Ottawa: Minister of Supply extended to all Indian women and men Canada (Toronto: McGraw-Hill Ryerson, and Services Canada, 1996). ordinarily resident on a reserve (until then 1985), pp. 77–97. this group had been excluded from the 4. This hypothesis does not imply that it is franchise); the entitlement to run as candi- 11. Sylvia B. Bashevkin, Women and Party any easier for women to participate in dates was also extended accordingly. Politics in English Canada, 2nd ed. Aboriginal power structures, as witness the (Toronto: Oxford University Press, 1993), sexism that band chief Roberta Jamieson 7. Manon Tremblay, “L’identité des députées pp. 170–171. Since the electoral reform of faced in the leadership race for the et des sénatrices francophones et anglo- 2003, this step on the road to Parliament Assembly of First Nations in 2003; Hélène phones en politique fédérale canadienne,”

November 2003 37 has been regulated by the Canada Elections Women in Parliament: Beyond Numbers 29. Robert A. Milen, Canadian Representation Act, at least to the extent of putting a (Stockholm: International Institute for and Aboriginal Peoples, pp. 5–6. ceiling on what nomination candidates Democracy and Electoral Assistance – 30. On this subject see Paul L. A. H. spend. It will take a few federal elections IDEA, 1998) pp. 65–88; Wilma Rule, Chartrand, “Canada and the before we can determine the effect on the “Electoral Systems, Contextual Factors Aboriginal Peoples: from Dominion election of women and Aboriginal people and Women’s Opportunity for Election to Condominium,” in F. Leslie Seidle to the House of Commons. to Parliament in Twenty-Three and David C. Docherty, eds., Democracies,” Western Political Quarterly 12. Thérèse Arseneault, “The Representation Reforming Parliamentary Democracy, Vol. 40, No. 3 (1987), pp. 477–498. of Women and Aboriginals Under PR: (Montréal/Kingston: McGill-Queen’s Lessons from New Zealand,” Policy 20. Judith Squires and Mark Wickham-Jones, University Press, 2003), pp. 112, 117. Options Vol. 18, No. 9 (1997), pp. 9–12; Women in Parliament: A Comparative Donley T. Studlar, “Will Canada Seriously Analysis (Manchester: Equal Opportunities Consider Electoral System Reform? Commission, Research Discussion Series, Women and Aboriginals Should,” in 2001), p. 10. Henry Milner, ed., Making Every Vote 21. Following referendums in 1992 and 1993, Count. Reassessing Canada’s Electoral New Zealand changed its electoral system System (Peterborough, Ontario: Broadview to a mixed member proportional system. Press, 1999), pp. 123–132. The change took effect at the 1996 election. 13. Judith F. Sayers and Kelly A. MacDonald, 22. R. Darcy, Susan Welch and Janet Clark, First Nations Women, Governance and the Women, Elections, and Representation, 2nd Indian Act: A Collection of Policy Research ed. (Lincoln: University of Nebraska Press, Reports (Ottawa: Status of Women 1994), p. 141. Canada, November 2001), p. 11. 23. Joni Lovenduski and Jill Hills, 14. Kathleen Jamieson, Indian Women and the “Conclusions” in Joni Lovenduski and Law: Citizen Minus (Ottawa: Minister of Jill Hills, eds., The Politics of the Second Supply and Services Canada for Canadian Electorate. Women and Public Participation Advisory Council on the Status of (London: Routledge & Kegan Paul, 1981), Women and Equal Rights for Indian p. 326. Women, 1978). 24. Matland, “Enhancing Women’s Political 15. Sayers and MacDonald, First Nations Participation.” Women, Governance and the Indian Act, pp. 14–15. 25. The proposal was rejected by 57 percent of the voters in the referendum; Lisa Young, 16. Royal Commission on Electoral Reform “Gender Equal Legislatures: Evaluating and Party Financing, Final Report Vol. 1 the Proposed Nunavut Electoral System,” (Ottawa: Minister of Supply and Services Canadian Public Policy Vol. 23, No. 3 Canada, 1991), pp. 278–283. (1997), pp. 306–315. 17. Statistics Canada (Housing, Family and 26. Manon Tremblay, “Women’s Social Statistics Division), Women in Representational Role in Australia and Canada 2000: a gender-based statistical Canada: The Impact of Political Context,” report (Ottawa: Minister of Supply and Australian Journal of Political Science Services Canada, 2000), pp. 276–277. Vol. 38, No. 2 (2003), pp. 215–238. 18. Statistics Canada, Women in Canada 2000, 27. Maoris have had reserved seats since 1867. pp. 279–280. See Keith Archer’s article in this issue of 19. Heather MacIvor, “Women and the Electoral Insight. Canadian Electoral System,” in Manon 28. Édith Garneau, Perspective de femmes des Tremblay and Linda Trimble, eds., Premières nations au Québec sur les Women and Electoral Politics in Canada chevauchements identitaires : Entre le genre (Don Mills, Ontario: Oxford University et la nation, Doctoral thesis (Montréal: Press, 2003), pp. 22–36; Richard E. Université du Québec à Montréal, 2002), Matland, “Enhancing Women’s Political p. 411. I thank Édith Garneau for her Participation: Legislative Recruitment and comments on an initial version of this text. Electoral Systems,” in Azza Karam, ed.,

38 Electoral Insight Aboriginal Participation in Elections

Representing Aboriginal Interests Experiences of New Zealand and Australia

Keith Archer Professor, Department of Political Science, University of Calgary

In many democracies that developed from European specific representation of Maori people. Second, there is settlement, there remain to this day significant challenges a system of compulsory voter registration that requires all in representing the interests of Aboriginal peoples within citizens of New Zealand to be registered on the electoral the overall political system. One way in which this repre- rolls. Third, the Mixed Member Proportional (MMP) sentation can occur is through participation in national electoral system, adopted in 1993, provides a variety of elections and elections to state or provincial legislative options for all groups, including Maori electors, to pursue a assemblies. Yet, the evidence suggests that Aboriginal number of strategies for the election of “their” members to participation is significantly lower than non-Aboriginal the national Parliament. Although opinion is divided on participation in many countries.1 Furthermore, even if the degree to which these various institutional forms of levels of political participation among people of Aboriginal electoral representation, in particular the use of AEDs, have descent are not lower than the national average, there provided effective representation of Maori interests, there is remain difficulties in representing any minority groups little doubt that the manner in which they are used today through elected legislatures in plurality electoral systems.2 provides a comparatively high degree of descriptive repre- The purpose of this paper is to examine the dramatically sentation.3 In short, in comparison with Aboriginal people different approaches to Aboriginal electoral participation in other countries, the Maori people of New Zealand, that New Zealand and Australia have taken, as a means of who comprise 15.2 percent of the total population,4 assessing the ways in which various institutional responses have a relatively high level of success in gaining election can affect the representation of Aboriginal interests. to Parliament.

New Zealand’s electoral system and Aboriginal electoral districts Aboriginal representation In almost all democracies, representation through the Three features of New Zealand’s electoral system have a electoral system is based almost exclusively on where one particularly significant impact on the character of represen- lives, rather than on who one is. The unit of representation tation for the Maori, the Aboriginal people of New Zealand. in elections, with few exceptions, is a geographical or First, and most important, is the existence of a set of territorial area, usually called an electoral district, a riding Aboriginal electoral districts (AEDs) that provide for or a constituency. The electoral system adopted by New

November 2003 39 (i.e. a ratio of one seat per has a predetermined number of seats 15,000), compared to 72 seats in Parliament – 16. The population for a European population of of the South Island (minus those 250,000 (i.e. a ratio of approx- on the Maori roll) is divided by 16, imately one seat per 3,500) producing the electoral quotient,

Map: Elections New Zealand produced structural under- which is the average number of representation of the Maori people in each constituency. The people in Parliament.7 In addi- population of the North Island tion, the perception persisted (minus those on the Maori roll) is among the White members also divided by the same electoral of Parliament that the Maori quotient to produce the number of MPs had a representational seats to which it is entitled, as is the role only on issues as they population based on the Maori roll.9 related narrowly to the Maori As the Maori population increases community, and therefore had relative to the national population, a reduced role in relation to and/or as more Maori choose to other members of Parliament. register on the Maori roll (in 2001, Thus, some have argued, 51.3 percent of Maori were on the the use of Maori seats has Maori roll and 48.8 percent were on generated the perception of the general roll),10 the number of representation of the Maori Maori seats increases. Thus, in the people without providing 2002 election, 62 members of effective representation.8 Parliament were elected from the The seven Maori general electorates (electoral districts) general electorates and 7 from Maori in New Zealand. A number of changes have electorates. An additional 51 were occurred recently to increase elected from party lists (see below). Zealand in 1867 included provision the likelihood of electing a greater Since Maori comprise 15.2 percent for additional categories of electoral number of Aboriginal legislators. of the New Zealand population, the districts – for pensioners in Auckland, When the single-member plurality assignment of 7 Maori seats compared gold miners in the South Island, and electoral system was replaced by multi- to 62 general seats (10 percent) a set of four constituencies for Maori member proportion- people.5 Although the original intent al representation in was to institute AEDs only for a five- 1993 (see below), … there has been a very significant increase year transitional period (there was a there also was a in the collective electoral voice of the Maori property qualification for the general change in the electorate, which effectively disenfran- allocation of seats since this system of representation was first chised the Maori electorate who held to the Maori. introduced almost a century and a half ago. property communally),6 the system The allocation of was viewed as sufficiently salutary for four seats to the the country that it has been retained, Maori had remained in place since indicates that the choice of approxi- albeit with significant revisions, to it was adopted in 1867. In 1993, mately half the Maori to remain on the present. the allocation formula was changed the general roll dilutes the collective so that the number of Maori seats electoral power of this group. That It should be noted that the manner in is determined on the basis of the point notwithstanding, there has which AEDs functioned historically population on the Maori electoral been a very significant increase in has been a subject of considerable roll. As in the past, Maori have the the collective electoral voice of criticism. For one thing, the allocation option of registering on the general the Maori since this system of repre- of four Maori seats on the basis of a electoral roll, or on a Maori roll. sentation was first introduced almost population of 60,000 Maori in 1867 The South Island of New Zealand a century and a half ago.

40 Electoral Insight Maori language, and is available at The MMP system provides all interest all Post Shops (the responsibility groups with several electoral strategies, for maintaining the electoral roll and provides the Maori with three is held by the postal authority in strategies for election. Members of New Zealand), and also directly from all groups can seek party nomination Elections New Zealand through the (or run as independent candidates) Internet (www.elections.govt.nz). in the general electoral constituencies. They also can organize their efforts Multi-member plurality within the political parties to ensure electoral system their favoured candidates are placed near the top of a party’s list. New As a result of two national referendums Zealand Maori may seek party nomina- on electoral system reform, New Zealand tion (or run as independents) in the changed its electoral system in 1993 Maori constituencies, and can do so from a Single Member Plurality (SMP) also in the general constituencies. to a Mixed Member Proportional They also can work within the parties (MMP) electoral system.12 There are to place their favoured candidates on This Elections New Zealand brochure informs 120 seats in Parliament, based on a the parties’ lists. Maori electors that every five years they can number of constituency seats (either choose whether they wish to be registered on from the general electorate or the The outcome of the 2002 election the Maori electoral roll or the General Maori electorate), and seats elected in New Zealand reveals the relative electoral roll. through lists based on a proportional success of these strategies. First, with allocation of votes for the parties. respect to the Maori electorates, all Compulsory voter registration The adoption of the MMP system was seven members elected are Maori, in New Zealand intended to correct the distortion that and all seven are Labour members of results from the SMP system, which Parliament. The 62 general electorate The second feature of the New typically over-rewards the party with seats, of course, present a very different Zealand electoral system that has a the largest number of votes, often portrait. Even where Aboriginal people bearing on Aboriginal representation transforming a minority of votes comprise a significant minority, as they is compulsory voter registration.11 into a majority of legislative seats.13 do in New Zealand with 15.2 percent Like all citizens of New Zealand, As noted above, when the MMP Maori have a responsibility to register system was adopted in New Maori¯ Enrolments as at August 2003 themselves on the electoral roll. Zealand, the allocation of The only difference is that they have Maori seats also was changed, a choice of two rolls – the general and is based on the same or the Maori roll. Because voter electoral quotient used to registration is compulsory, the New allocate seats from the Zealand election authority undertakes general electorate in both an active campaign to facilitate the the North and South islands. 197,388 159,101 enrolment of all electors. In the case of Unlike some mixed electoral Maori¯ roll General roll Maori electors, this includes conducting systems that allocate the list an electoral option campaign every seats based on votes in the five years, in which the election constituency elections, the authority writes to all Maori electors MMP system in New Zealand personally, advising them of their right provides voters with two to be placed on the Maori or general ballots – one for the con- More Maori¯ on the Maori¯ Roll can mean more Maori¯ electorates electoral roll, and facilitating their stituency (i.e. general or Fewer Maori¯ on the Maori¯ Roll can mean fewer Maori¯ electorates registration on one or the other. In Maori) candidates, and a Source: Elections New Zealand addition, material is available in the second for the party.

November 2003 41 of the population, they still have less accommodating approach to difficulty winning general constituency Aboriginal and other minority contests decided by a plurality ballot. Of representation. There is also a large the 62 general electorate seats, people difference in the demographic sizes of Maori background were elected to of the Aboriginal populations in the three, two for the Labour party and two countries. one for the New Zealand First party. Thus of the 69 members elected from In 2002, the Maori population was constituencies (general or Maori), 15.2 percent of the total New Zealand The Web site of Elections New Zealand is at 10 members (14.5 percent) were www.elections.org.nz. population; in contrast, the 2001 of Maori background, and of these, Australian census revealed that 9 were elected as Labour members.14 representation for Aboriginal people Indigenous peoples, defined as in New Zealand’s Parliament. It those of Aboriginal or Torres Strait The party list presents the third has also resulted in the appointment Islander background, comprised electoral option for Aboriginal people of a number of Aboriginal people only 2.4 percent of the Australian in New Zealand. Of the 51 seats to Cabinet (including four as of population. Furthermore, among the allocated by party list, people of Maori September 2003),15 particularly in six Australian states, the Indigenous background won 9, or 18 percent. areas of importance to the Maori com- population ranged from a low of However, the partisan composition munity. As in all matters of representa- 0.6 percent in Victoria to a high of of Maori list members of Parliament tion, it is debatable whether these 3.7 percent in Tasmania. Only in the was very different from that of their forms of representational institutional- Northern Territory, which represents constituency counterparts. One person ization are the most effective and effi- only 1 percent of the national popula- of Maori descent was elected by party cient for the Aboriginal community, or tion, are Indigenous peoples present in list for each of the ACT, Labour, whether such forms reflect more of a any strength, comprising 28.8 percent National and Green parties, and five co-optation of the community.16 A full of the total.17 Although the principle Maori were elected by party list for the assessment of this question is beyond of explicit legislative exclusion has New Zealand First party. Thus, overall, the scope of this article. What is clear, largely been abandoned in Australia, 19 of the 120 Parliamentary seats however, is that in terms of descriptive it has been replaced by a system of were won by Maori, which increased representation, the New Zealand formal legal inclusion, but de facto to 20 seats (17 percent of all model provides an indication of at under-representation. The system of Parliamentary seats) when Moana least partial success. representation has been adjusted to Mackey entered Parliament as a list MP accommodate the representation of on July 29, 2003. A curious element in Representing Aboriginal Aboriginal interests through a separate the Maori representation by party is interests in Australia institution – the Aboriginal and Torres that the Labour party appears no Strait Islander Commission (ATSIC), more likely to place Maori or other Australian representation of the whose members are elected by Aboriginal candidates near the top of interests of Aboriginal people provides Aboriginal voters in elections run by its list than are other parties, despite a significant contrast to the New the Australian Electoral Commission. the relative success of Maori Labour Zealand experience. Whereas New Recent controversies surrounding the candidates in the Maori constituencies, Zealand provides for at least partial leadership of ATSIC, however, call and the relative lack of success of the institutional inclusion within the into question the effectiveness of this other parties in these constituencies. legislature, Australia’s history of form of representation. legislative representation of Aborigines Thus, the features of the New Zealand has largely been one of institutional A history of exclusion electoral system, and mechanisms exclusion. The difference between of electoral administration such as the approaches adopted in the two The history of voting in Australia compulsory voter registration and an countries is based in part on cultural can be traced back to the 1850s, optional Maori electoral list, result and attitudinal differences. For much when the Australian colonies became in a relatively significant amount of of its history, Australia has had a far self-governing. Voting for members of

42 Electoral Insight legislative assemblies first occurred in South Australia in 1856, Victoria in 1857, New South Wales in 1858 and Tasmania in 1896, at which time adult male British subjects were given the franchise. Although this included Aborigines, the latter were not

encouraged to register and vote, and Photo: Australian Commission Electoral few did. When Queensland (1856) and Western Australia (1890) became self-governing, Aboriginal people in those colonies were explicitly excluded from voting. Furthermore, when Aboriginal electors voting at remote polling location in Australia. Australia was granted dominion gov- ernment status as a federal state in elections. Although this initiative and Tasmania. The two Aboriginal 1901, its constitution (section 41) was was viewed as successful in bringing members elected at the federal level interpreted as denying the federal fran- participation rates closer to the nation- have both been through the Senate chise to Aboriginal people except al average, the program was abolished (one for Queensland and one for New those already on the state electoral in 1996 in the wake of funding cuts.19 South Wales). This election to legisla- rolls, an interpretation affirmed by the In 1984, the Australian Electoral tive assemblies has not provided an Commonwealth Franchise Act in the Commission introduced the use of effective outlet for the representation following year.18 mobile voting procedures to facilitate of Aboriginal interests in Australia. the participation of Aboriginal electors The first broadening of franchise in sparsely populated regions. Representation through rights for Aborigines occurred in 1949, the Commission when the vote in federal elections With the development of the federal was extended to those who had served franchise taking such a long time, it is An alternative avenue for Aboriginal in the armed forces or had the right perhaps not surprising that Aboriginal participation could be described as to vote in state elections. Western people in Australia have had a very functional or neo-corporatist represen- Australia extended the state franchise poor record of success in electing tation.21 In this form of representation, to Aboriginal electors in 1962, fol- representatives of Aboriginal origin to a group or organization is given lowed by Queensland in 1965. At Parliament. To date, there still has not authority (along with governmental the federal level, the franchise was been a single Aboriginal person elected funds, in some cases) and is charged extended to Aboriginal people in to the federal House of Representatives, with representing the interests of a 1962, although for them, unlike other and only two Aboriginal people have particular group in discussions with Australians, neither enrolment nor been elected to the federal Senate government and in policy develop- voting was compulsory. In 1984, (Neville Bonner, 1972–1983, and ment. For example, in 1990, the electoral enrolment and voting were Aden Ridgeway, 1999–present).20 The Australian government created the made compulsory for Aboriginal people, greatest electoral success for Aboriginal Aboriginal and Torres Strait Islander as they had been for non-Aboriginals people has been in the Northern Commission (ATSIC), which is since the time of nationhood in 1901. Territory, not surprisingly given their comprised of representatives from greater proportion of the population 35 regional councils in Australia; In 1979, the Australian Electoral in that territory. Nine of the fifteen in 2002–2003 it administered a budget Commission created the Aboriginal elected Aboriginal representatives of $1.2 billion (AUD) in support Electoral Enrolment Program – a have won seats in the Northern of Aboriginal people. The regional political education program focused Territory legislature, two have been council elections are administered by on increasing the proportion of elected to the state legislature in the Australian Electoral Commission, Aboriginal electors who were on the Western Australia, and one each to using procedures (compulsory electoral rolls and who voted in the state legislatures in Queensland enrolment and voting) consistent

November 2003 43 with Australian general elections.22 and political choices. With respect to on Aboriginal representation of these To encourage enrolment and voting, the representation of Aboriginal inter- Royal Commissions appear not to the AEC has developed extensive ests, the New Zealand and Australian have generated much support within programs for Aboriginal voter educa- cases demonstrate quite different the Canadian federal government. tion and mobile polling in sparsely choices and organizational forms. populated areas. In the absence of such institutional New Zealand’s model of separate elec- reform, Aboriginal people in Canada Although functional representation toral districts was taken up in 1991 by have several options. First, they can through organizations such as ATSIC the [Canadian] Royal Commission on operate outside the formal system of has the potential to provide enhanced Electoral Reform and Party Financing parliamentary representation as an representation of the interests of (Lortie Commission) as offering prom- organized interest, attempting to Aboriginal people, recent controversies ise for more effective representation of influence the highly centralized policy surrounding the senior management of Aboriginal interests in Canada. The process in Canada. Second, they can the organization raise questions about proposal by the Lortie Commission work within the party system by its current effectiveness. For example, involved the creation of a separate attempting to increase the number of judicial proceedings are currently Aboriginal voter register, as in Aboriginal people who are nominated underway against the chairman on New Zealand, with the number of as party candidates in ridings where criminal matters, and public questions Aboriginal districts dependent the party has a reasonable chance have arisen about whether the current upon the number of electors on of success. Third, they may use the leadership has respected its fiduciary the Aboriginal register, a procedure courts as a means of addressing policy responsibilities in the expenditure of adopted in New Zealand with the matters of interest to Aboriginal public funds. Without commenting on change to the MMP electoral system peoples. Fourth, they can recognize the validity of any of the allegations, in 1993.24 that institutional reform is never what is clear is that the organization complete, and continue to work at In contrast, the building a consensus within and [Canadian] Royal outside of Parliament on proposals … they can work within the party system Commission on for reform. None of these is a simple by attempting to increase the number of Aboriginal Peoples solution, nor would any of them Aboriginal people who are nominated as in 1996 proposed guarantee success in representing an alternative set of Aboriginal interests in government party candidates in ridings where the party procedures, based policy. What these options, which has a reasonable chance of success. on the establish- are not mutually exclusive, have ment of a third in common is the recognition that order of govern- representation in democratic gover- itself, and its effectiveness in repre- ment to provide Aboriginal self- nance is an ongoing matter, that all senting Aboriginal interests, have government, coupled with the creation groups have the capacity to pursue suffered from the controversy.23 of a third chamber of Parliament, the various representational strategies, Aboriginal Parliament, to coexist with and that groups that comprise a small Conclusion and advise the other two chambers, segment of the electorate always the House of Commons and the Senate, face very significant obstacles to The representation of societal interests on matters relating to Aboriginal the effective representation of their in government always entails ongoing people. Thus, instead of the election interests in democracies. competition among groups. While of Aboriginal members to the House representative democracy provides an of Commons, the recommendation was overall set of principles to link a society to insert within the representational to its government (e.g. universal enfran- system of Canada another elected chisement, free and periodic elections), Parliament, the members of which the particular forms used in any context comprised representatives of Aboriginal are a function of historical evolution nations.25 To date, the recommendations

44 Electoral Insight NOTES

1. Determining the electoral participation 7. Gibbins, “Electoral Reform and Canada’s 22. Australian Electoral Commission, History rate of Aboriginal people is notoriously Aboriginal Population,” pp. 161. of the Indigenous Vote, p. 11. difficult, since few surveys have been 8. See Fleras, “Aboriginal Electoral Districts 23. Details of this controversy were widely undertaken on this topic. For a very useful for Canada”; Gibbins, “Electoral Reform broadcast on Australian radio and televi- attempt at this in Canada, see Roger and Canada’s Aboriginal Population.” sion, and appeared frequently in the pages Gibbins, “Electoral Reform and Canada’s of Australian newspapers from March 2003 Aboriginal Population: An Assessment of 9. For a description of the New Zealand onwards. Aboriginal Electoral Districts,” in Robert electoral system, see Elections New A. Milen, ed., Aboriginal Peoples and Zealand, “How Parliament is Elected,” 24. Royal Commission on Electoral Reform Electoral Reform in Canada, Vol. 9 of n.d., available at www.elections.govt.nz. and Party Financing, Final Report, Vol. 1, The Collected Research Studies, Royal Reforming Electoral Democracy (Toronto: 10. New Zealand Electoral Commission, Commission on Electoral Reform and Dundurn Press, 1991), p. 187. Party Financing (Toronto: Dundurn Press, “It’s your choice,” n.d., p. 3, available at 1991), pp. 158–161. www.elections.govt.nz. 25. Report of the Royal Commission on Aboriginal Peoples, Vol. 2, Restructuring 11. In New Zealand, voter registration is 2. For a discussion of the representational the Relationship, Part One (Ottawa: compulsory but voting is optional. challenges posed by single member plurality Minister of Supply and Services Canada, electoral systems see, among others, Henry 12. Elections New Zealand, New Zealand’s 1996), p. 377. Milner, ed., Making Every Vote Count: electoral system, n.d. Reassessing Canada’s Electoral System (Peterborough, Ontario: Broadview 13. On the effects of electoral systems, see Press, 1999). among many others, David Farrell, Electoral Systems: A Comparative 3. In her classic study, The Concept of Introduction (Houndmills: Palgrave, 2001). Representation, Hanna F. Pitkin (Berkeley, California: University of California Press, 14. Data on the ethnic background of MPs 1972) argues that there are a number of was provided by the Parliamentary forms of representation, including formal, Information Service, New Zealand “standing for”, and “acting for” representa- Parliamentary Library. tion. One dimension of “standing for” 15. Data from the New Zealand Parliamentary representation is what she describes as Web site, www.ps.parliament.govt.nz/. descriptive representation, which exists when the characteristics of the representa- 16. See, for example, Gibbins, “Electoral tive body mirror the characteristics of those Reform and Canada’s Aboriginal being represented. Therefore, it concerns Population.” whether representatives figuratively look like those they represent. With respect 17. See Australian Bureau of Statistics, Year to Aboriginal people, a representative Book Australia, 2003, Tables 5.4 and 5.7. body can be said to be descriptively 18. This section is taken from the timeline representative if it contains a number presented in Australian Electoral of Aboriginal people roughly proportional Commission, History of the Indigenous Vote, to their proportion of the electorate. August 2002, p. 13, available at 4. Calculated from Statistics New Zealand’s www.aec.gov.au. estimate of Maori and total population, 19. Australian Electoral Commission, History June 2002. See www.stats.govt.nz/. of the Indigenous Vote, pp. 7–14. 5. See, for example, Augie Fleras, “Aboriginal 20. See the complete list of people of Electoral Districts for Canada: Lessons Aboriginal origin elected to legislatures from New Zealand,” in Robert A. Milen, in Australia in Australian Electoral ed., Aboriginal Peoples and Electoral Reform, Commission, History of the Indigenous p. 71; and Gibbins, “Electoral Reform Vote, p. iv. and Canada’s Aboriginal Population,” pp. 161–162. 21. For a description of neo-corporatist repre- sentation, see Phillip C. Schmitter and 6. Fleras, “Aboriginal Electoral Districts for Gerhard Lehmbruch, eds., Trends Toward Canada,” p. 71. Corporatist Intermediation (London: Sage, 1979). November 2003 45 Aboriginal Participation in Elections

The Effect of Expansion of the Franchise on Turnout

Michael Kinnear Professor, Department of History, University of Manitoba

In 1960, the Diefenbaker government extended the elections after franchise expansion was followed by a franchise to Status Indians in Canada, and the country disproportionate drop. suddenly had several hundred thousand new voters. In other countries, when the franchise has been extended Aboriginal voting in Manitoba elections to certain groups, the new potential voters have been slow to take up the right, although eventually they come Before examining the results, a short methodological to vote in much the same proportion as the rest of the explanation is in order. Survey data are indispensable in population. This article compares several cases of franchise analyzing elections, as a recent study of non-voting expansion to see whether they can help shed light on behaviour in Canada shows.1 However, because Aboriginal trends in voter participation among Aboriginal people people form only 3.3 percent of the Canadian population,2 in Canada. most surveys are unable to provide an accurate indication of their rates of voting or not voting. The analysis of The article begins by examining the polling results of polling results makes it possible to consider turnout the past 23 federal and provincial elections in Manitoba, rates for those First Nations populations that are highly and shows that there has been a much more serious concentrated geographically. Moreover, it is possible to decline in turnout among First Nations electors than gather past voting results and determine what the major among other voters in Canada. It then contrasts the trends have been for that group over a long period. Manitoba voting trends with four foreign cases where the franchise was extended to groups that had not Manitoba has long followed Canadian turnout trends, previously had it and explores whether these examples and Manitoba’s rate was within 3 percent of the national can be of use in assessing voting trends among First average in every federal election in the past half-century Nations people in Canada. except 1997, when flooding during the election led to a 3.8 percent gap. Manitoba has a large and growing The four non-Canadian franchise expansions considered First Nations population,3 and the shifts in both turnout are: Germany in 1871, Great Britain in 1918, the and partisan support show several trends that differ from United States in the 1960s (Civil Rights era registration the rest of the province, and from Canada as a whole. of African-Americans), and the United States in 1924 (enfranchisement of Native Americans). The first three Table 1 shows the turnout and partisan support on followed a similar pattern, namely, an initial reluctance to 64 First Nations reserves in the 23 elections held since exercise the vote, followed by a gradual increase in turnout. enfranchisement in 1960. In some elections, there In contrast, voting in Native American areas followed a was no separate poll for a particular reserve, generally pattern similar to that among Manitoba’s First Nations because of small populations. However, nearly all reserves voters, where a moderately high turnout in the first few had a separate poll in most elections. Practically all the

46 Electoral Insight on-reserve voters were the 2003 provincial election, and Aboriginal people. only 2.5 percent in the 2000 federal election. Table 1 shows that the initial high turnout A more striking observation is the coincided with support significant decline in First Nations for the Progressive turnout: it dropped from 65 percent Conservatives in both to 26 percent between 1962 and 2003.

Photo: Photo: National of Archives Canada, 123915 federal and provincial The actual number of voters in 1962 elections. This was not (5,664) was not much lower than surprising, since the in 2003 (7,924), despite the more federal Tories initiated than threefold increase in the enfranchisement in potential First Nations electorate. 1960. Support for the Thus, while the overall trend in Conservatives then turnout for both Manitoba and After the Diefenbaker government extended the franchise waned among First Canada has been downward, in to Status Indians in 1960, the first reserve Indians to vote Nations voters, drop- the polls located on reserves the federally were those of the Rice Lake Band near Peterborough, ping to 6.0 percent in decline has been dramatic. Ontario, in a by-election on October 31, 1960.

Table 1 First Nations Voting on Manitoba Reserves4 Liberal N.D.P. Progressive Total Registered Turnout Liberal N.D.P. Progressive Conservative % % % Conservative % 1962 F 1,256 851 3,378 5,664 8,667 65.4 22.5 15.3 60.5 1963 F 1,843 608 3,375 6,038 9,793 61.7 30.8 10.2 56.4 1965 F 1,191 322 3,659 5,334 9,511 56.1 22.5 6.1 69.2 1968 F 1,493 490 2,974 5,039 9,491 53.1 29.9 9.8 59.6 1969 P 1,376 1,761 2,253 6,177 11,554 53.5 22.5 28.8 36.8 1972 F 2,093 1,660 2,432 6,627 12,205 54.3 33.2 26.3 38.6 1973 P 1,160 4,014 1,479 8,444 14,427 58.5 13.9 48.1 17.7 1974 F 1,318 2,164 2,659 6,338 12,331 51.4 21.0 34.4 42.3 1977 P 1,690 4,302 1,704 7,738 15,631 49.5 22.0 55.9 22.1 1979 F 1,820 4,659 1,448 7,972 15,824 50.4 23.0 58.8 18.3 1980 F 4,482 3,424 1,033 9,120 16,278 56.0 49.5 37.8 11.4 1981 P 843 6,938 833 8,770 16,894 51.9 9.7 79.8 9.6 1984 F 1,555 4,104 2,238 8,311 18,272 45.5 18.8 49.6 27.1 1986 P 820 6,583 1,205 8,684 19,818 43.8 9.5 76.3 14.0 1988 F 3,265 5,196 916 9,512 20,141 47.2 34.4 54.8 9.7 1988 P 1,915 4,994 1,919 8,859 21,375 41.4 21.7 56.5 21.7 1990 P 1,967 7,450 974 10,426 24,792 42.1 18.9 71.6 9.4 1993 F 6,571 2,188 485 9,914 24,988 39.7 66.6 22.2 4.9 1995 P 1,436 6,401 1,064 9,381 26,426 35.5 14.9 66.4 11.0 1997 F 3,616 3,097 468 8,967 27,546 32.6 46.0 39.4 6.0 1999 P 958 5,224 1,707 9,990 28,030 35.6 12.1 65.9 21.5 2000 F 7,787 3,491 310 12,223 26,742 45.7 63.3 28.4 2.5 2003 P 473 6,565 859 7,924 29,681 26.7 10.9 83.1 6.0

Note: F = Federal election; P = provincial election. The results of the 1963 and 1966 provincial elections are not included due to numerous errors in the official reports.

November 2003 47 Some non-Canadian Thus a major force comparisons behind the increased Table 3 Participation Rates in British Elections, turnout seems to have 1906–1931, 1950 and 20017 Germany been the campaigns of The most famous mass enfranchisement the various parties Year % Labour turnout vote % probably took place in the German to mobilize non-voters 1906 74.6 9.4 Empire in 1871, when Otto von to resist (or support) 1910 Jan. 82.6 8.0 Bismarck replaced the three-tiered socialism. 1910 Dec. 86.6 7.1 voting system of the kingdom of 1918 53.8 22.2 Prussia with universal adult male Great Britain 1922 72.4 29.4 suffrage. As Table 2 shows, the first In the United Kingdom, 1923 70.8 30.5 election held had a turnout of only until 1918, only 59 per- 1924 76.6 33.0 51 percent, but this rose gradually to cent of adult males had 1929 76.1 37.1 a high of 85 percent in the last the vote, despite the 1931 76.3 30.7 election held before the First World Reform Acts of the 19th 1950 83.6 46.1 War. Some of the increase in votes century. In 1918, the 2001 59.4 40.7 went to the Social Democrats (SPD), franchise was extended particularly after 1890, when SPD to all adult males and public activity was legalized. to women over 29. In the election registration activity of the 1960s. that year, only half of those eligible Theoretically, African-Americans were Nearly all studies of this trend have voted, a significant drop from the enfranchised by the 15th Amendment attributed the rise in turnout to December 1910 election, when more to the American Constitution in 1869. a straightforward movement from than 80 percent voted. However, effective enfranchisement not voting to voting socialist. did not happen in the South until the However, a recent study indicates In 1922, turnout rose to 72 percent, registration campaigns. Tables 4 and 5 that the SPD recruited voters from then to 76 percent, and to 84 percent compare voter participation in states other parties, while the non-Socialist in 1950. Since then it has declined, to with varying percentages of African- parties were engaged in anti-socialist 59.4 percent in 2001. From the late Americans in both Presidential and campaigns of their own, and recruited 1920s to the mid-1950s, elections in Congressional elections.8 most of the previous non-voters.5 Britain were polarized along the lines of socialism versus anti- Table 4 shows that turnout in Table 2 socialism. From the 1970s Presidential elections in 1900 was low Participation Rates in Elections to the (polarization was still in most Southern states (Column C), German Reichstag, 1871–19126 strong beyond the compared with 74 percent in Northern Year % SPD % of 1960s) this influence states (Column A). The differences turnout eligible voters waned, and turnout remained high until after 1960, 1871 51 2 gradually dropped. As in before the Civil Rights movement 1874 62 4 Germany, the period of gained momentum. The gap dropped 1877 60 6 high turnout coincided to 10 percent in 1980, and 7.5 percent 1878 63 5 with strong partisan in 2000. These changes resulted from 1881 56 3 rivalry based on ideolog- both an increased turnout in Southern 1884 61 6 ical differences. states and a decline in the other states. 1887 78 8 This pattern was similar to both 1890 72 14 United States: the German and British cases, where 1893 73 17 enfranchisement a low initial turnout was followed by 1898 68 19 of African-Americans increased participation. 1903 75 24 A third example of 1907 85 25 enfranchisement is the Table 5 shows how the turnout in 1912 85 30 Civil Rights voter 1940 was low, perhaps because

48 Electoral Insight 1960. In 1980 and 2000, Table 4 the state turnout declined Presidential Elections, 1900–2000 – by 10 percent between A. Turnout % B. Turnout % C. Turnout % Difference 1960 and 1980, and a in states with in states in states between columns under 10% with 10–24% with over 25% A and C further 5 percent between Black voters Black voters Black voters % 1980 and 2000. However, 1900 74.0 71.9 35.2 38.8 turnout in the 20 counties 1920 52.1 43.6 19.4 32.7 with a Native American 1940 69.8 38.8 24.4 45.4 majority declined even 1960 71.3 52.9 41.2 30.1 more, by 13 percent 1980 58.0 52.2 47.6 10.4 in 1980 and another 2000 56.3 50.9 48.8 7.5 8 percent in 2000. This pattern of decline 1920s. The first Presidential election resembles the changes observed in Table 5 in which this applied was that of 1924. Manitoba, rather than the British, Congressional Elections in Table 6 shows the rate of turnout in German or African-American cases. Southern States, 1940–2000 the 20 counties in the U.S. that today Turnout % have a more than 50 percent Native Conclusion 1940 27.4 American population,9 and compares 1960 34.9 the vote in those counties with the The data presented in this article 1980 38.5 overall vote in the states where the do not allow us to determine the 2000 41.8 counties are located.10 causes of the increasing tendency to abstain among Manitoba’s on- the Democrats won an average of In the counties concerned, turnout reserve electors. Nevertheless, the 91 percent of the time; voters were was greater in the 20 majority-Native type of comparative analysis unlikely to have much individual American counties than in the rest conducted here can be instructive. impact with so many safe seats for of the same state in both 1940 and Of particular interest is the similarity one party. During the 1980s, and even more so in the 1990s, the South became much more competitive, Table 6 with the Democrats winning only Voting in 20 Majority-Native American Counties, 1940–2000 40.1 percent of Southern Congressional State State State State turnout, turnout, turnout, turnout, Districts in 2002; Congressional 1940 1960 1980 2000 voter turnout increased during %%%% that period, although it is still low Arizona 52.0 54.4 45.4 40.7 compared with most democracies. Minnesota 69.6 77.1 70.7 67.2 Montana 69.6 71.4 65.6 61.1 As in both Germany and Britain, Nebraska 73.6 71.4 57.1 55.3 higher turnout appears to have New Mexico 64.5 62.2 51.6 45.7 followed voter mobilization campaigns North Carolina 42.6 53.5 43.9 47.9 combined with increased partisan North Dakota 75.2 78.5 65.3 59.8 rivalry, when the Republicans emerged Oklahoma 60.3 63.8 53.0 48.2 as the leading, though not the over- South Dakota 79.5 78.3 67.5 57.3 whelming, party in the South. Utah 80.3 80.1 65.6 50.9 Wisconsin11 67.9 65.0 United States: enfranchisement Average state turnout % 66.7 69.1 59.4 54.5 of Native Americans Average turnout in 20 counties % 69.1 69.2 53.4 45.3 A fourth enfranchisement to consider Difference % 2.3 0.1 –6.0 –9.2 is that of Native Americans in the

November 2003 49 observed between the Manitoba case elsewhere as well,12 that mobilization Nations people. Regardless of the and the enfranchisement of Native of voters by political parties is an exact causes of the decline, however, Americans. In both cases, an initial effective way to encourage turnout. one thing is certain: democracy increase in turnout was followed loses when a significant and growing by a gradual but steady decline. The fact that turnout has recently segment of the population, in effect, The contrast between these two cases declined across Canada, even more so votes with its feet. and the other three examined here among Aboriginal electors, raises the (Germany, Britain and African- question of whether the parties are Americans) is striking. Moreover, carrying out this important function it is interesting to note that in the to the same degree as they once did. latter three cases, increased turnout The current atmosphere in Canada coincided with an increased effort of reduced voter interest and turnout by certain political parties to educate among the population as a whole13 and mobilize voters. This pattern could signal a trend to even lower supports the conclusion, made voter participation among First

NOTES

1. Jon H. Pammett and Lawrence LeDuc, Academic and Educational Ltd., 1981, 11. Wisconsin is not included before 1980, Explaining the Turnout Decline in Canadian 2nd ed.), p. 73; for 1950, D. E. Butler, The since the only majority-Native American Federal Elections: A New Survey of Non- British Electoral System 1918–1950 (Oxford: county there, Menominee, was not created voters (Elections Canada, 2003). Available Clarendon Press, 1952), p. 172; for 2001, until 1961. on-line at: www.elections.ca. International Institute for Democracy 12. See for example, André Blais, Elisabeth and Electoral Assistance Internet site, 2. Or 2.2 percent in 2001, excluding Gidengil, Richard Nadeau and Neil Nevitte, www.idea.int/voter_turnout/westeurope/ the Métis and Inuit peoples, according Anatomy of a Liberal Victory: Making Sense index.html. to the 2001 Canadian census; see of the 2000 Canadian Election (Peterborough: http://www.statcan.ca/english/Pgdb/ 8. County-level data show similar trends: Broadview Press, 2002), p. 57. demo39a.htm. a clear distinction in turnout between 13. The average turnout from 1921 to 1984 counties with significant African-American 3. 13.64 percent including the Métis people, was 74.3 percent, compared with only populations before 1960, and other parts or 8.42 percent not including them, in the 66.0 percent in the past three federal of each state; and no obvious correlation 2001 census. elections. Blais, et al., “The evolving recently. In 2000, the American Census nature of non-voting: Evidence from 4. All federal voting figures are derived from Bureau announced that “African Canada,” presented to the American the poll-by-poll results in the reports of Americans were the only race or ethnic Political Science Association, 2001, p. 5, the Chief Electoral Officer of Canada group to defy the trend of declining voter suggests that this is due to generational published after each election; the provincial participation in Congressional elections,” replacement. election data are from the statements of see www.census.gov/Press-Release/www/ votes published by the Chief Electoral 2000/cb00-114.html. Officer of Manitoba. 9. The average percentage of American 5. Jonathan Sperber, The Kaiser’s Voters: Indians in these counties was 68.86, the Electors and Elections in Imperial Germany highest being 94.2 percent in Shannon, (New York: Cambridge University Press, South Dakota. 1997), p. 37. 10. Electoral data for the United States are 6. Based on Sperber, The Kaiser’s Voters, p. 38. derived from R. M. Scammon, America at the Polls, 1920–1964 (Pittsburgh: 7. Sources: turnout for 1906–1910, Neal Pittsburgh University Press, 1965); Blewett, The Peers, the Parties and the for 1980, from Scammon, America Votes, People: The British General Elections of 1910 1980 (Washington: Congressional (Toronto: University of Toronto Press, 1972), Quarterly, 1981); and for 2000, from the p. 277; for 1918–1936, based on Michael official reports issued by the Secretaries of Kinnear, The British Voter: An Atlas and State for each state. Survey Since 1885 (London: Batsford

50 Electoral Insight Aboriginal Participation in Elections

Mary Two-Axe Earley Crusader for Equal Rights for Aboriginal Women

Wayne Brown Managing Editor, Electoral Insight, Elections Canada

Mary Two-Axe Earley, a Mohawk from Kahnawake, Quebec, died caring for students during a Spanish flu epidemic, changed the lives of thousands of Aboriginal women and Two-Axe Earley’s grandfather travelled west by train to their children. She undertook a long and tenacious equal bring Mary back to the reserve. rights campaign on behalf of Aboriginal women who lost their Indian1 status under the law, and the rights and benefits At age 18, she moved to Brooklyn, New York, and a few to which this status entitled them, when they married years later married an Irish-American electrical engineer, non-Indians. In 1985, largely because of Two-Axe Earley’s Edward Earley. Many Mohawks lived in New York to work efforts, Parliament passed legislation amending the Indian in construction, excelling at high-paying jobs as agile iron- Act to eliminate the discrimination that penalized Status workers on the dangerous high beams. The Earleys had two Indians who were women (while permitting men to marry children, Edward and Rosemary. whom they chose without sanctions), and to provide a reinstatement process. Once reinstated, the women could Marrying a non-Indian meant that Two-Axe Earley lost her reclaim their rights under the Act. Among other things, Indian status, under provisions of the Indian Act passed in this opened the door to much better health and education 1876. While the Aboriginal people themselves had not services for them and their children. previously regarded women as second-class citizens, the law reflected the Victorian European notion that women were Two-Axe Earley’s political activism began relatively late legally the possessions of their husbands. Losing her status in life. When she was 55, a friend who died after losing rights meant that Two-Axe Earley could not live on the her status was denied burial on the Kahnawake reserve. reserve where she was born, own land there, participate in Two-Axe Earley took up the cause and more than 25 years the band’s political life, vote in its elections, or be buried of activism followed, bringing her many awards and the on the reserve. At the time, all this was of little concern to admiration and respect of many Canadians. Two-Axe Earley. “Who thought about status? We were in love,” she told The Gazette in a 1990 interview. Each year, The early years Two-Axe Earley would return to Kahnawake and spend the summer with her son and daughter in the house her On October 4, 1911, she was born Mary Two-Axe, on the grandfather had built on the reserve. Mohawk reserve at Caughnawaga (as it was then called) on Montréal’s South Shore. She spent much of her early life In 1966, a friend, who had lost her status upon marrying a there, but at the age of 10, she was in North Dakota with Mohawk from another reserve, died in Mary’s arms one her mother, an Oneida nurse and teacher. When her mother morning, in Brooklyn. She had been ordered to leave the

November 2003 51 erosion of Aboriginal Its 1970 report recommended that autonomy. They also legislation should be enacted to repeal argued that the cost of the sections of the Act, which it said extending Indian status discriminated on the basis of sex, and

Photo: CP/Toronto Star Photo: CP/Toronto to thousands of deregis- that “Indian women and men should tered First Nations enjoy the same rights and privileges in women and their chil- matters of marriage and property as dren would be too high other Canadians.”4 for the bands to bear. Two-Axe Earley wrote In 1975, while attending an to Senator Thérèse International Women’s Year confer- Casgrain,3 a strong ence in Mexico, Two-Axe Earley advocate of women’s learned that the Kahnawake band rights in Quebec, who council had used the Indian Act to urged her to submit a evict her. “I phoned home and it was brief to the Royal about one in the morning and my Commission on the daughter said – mother we’re debating Status of Women in whether to tell you or not – you Canada, which was have been evicted from home; you It took almost 20 years, but Mary Two-Axe Earley’s campaign established in 1967. have to leave the reserve in 60 days.”5 finally convinced Parliament to amend the Indian Act to remove discrimination against First Nations women. Two-Axe Earley then Two-Axe Earley immediately used led a deputation before the conference to tell the world reserve and to sell her house. While the Commission, “to protest that our about her plight. After a storm of the official cause of death was a heart rights, our birthright has been taken national and international publicity, attack, Two-Axe Earley believed it was away.” She also revealed that there the eviction notice was eventually the stress from the discrimination she had been pressure on her from within withdrawn. suffered that was actually responsible. Kahnawake not to appear before Her friend was also not allowed to be the Commission. Another very visible case was that of buried on the Kahnawake reserve. Sandra Lovelace, a Maliseet from the In 1969, after her husband died, Tobique Reserve in New Brunswick, The campaign begins Two-Axe Earley felt lonely in who lost her Indian status after marry- Brooklyn and moved back to the ing an American airman in 1970 and The circumstances of her friend’s death Kahnawake riverside log house moving with him to California. Her and her resulting anger were likely the that she had inherited from her marriage ended a few years later and, major reasons Two-Axe Earley began grandmother. The band leaders made upon returning to the reserve, she and to organize and campaign for equal it clear she was not welcome on the her children were denied housing, rights for First Nations women. In reserve, but a stratagem allowed her health care and education. In 1977, 1967, she founded the provincial to keep the house and live there. Lovelace appealed to the United organization, Equal Rights for Indian She gave it to her daughter, who Nations Human Rights Committee. Women (which later became the had regained her status by marrying In July 1979, to draw attention to national Indian Rights for Indian a Mohawk man. Two-Axe Earley the situation, the women’s group at Women).2 Two-Axe Earley wrote often described herself as “a guest the Tobique Reserve organized a walk many letters, made many passionate in my own house.” of women and children from the Oka speeches and presented submissions to Reserve, west of Montréal, to Ottawa, a government task forces and ministers. The Royal Commission on the Status distance of about 160 kilometres. They She often faced opposition from male of Women in Canada found “there is a were supported along the way by people First Nations leaders, who feared that special kind of discrimination under who provided them with food and cold the marriage of Indian women to non- the terms of the Indian Act which can drinks. When called upon by the UN Indians would lead to assimilation and affect Indian women upon marriage.” Human Rights Committee to defend

52 Electoral Insight its actions, the Canadian government also given Indian status immediately, women. Three bands, led by the Chief said that, while it wanted to change which meant they also gained access to of the wealthy northern Alberta the law, its hands were tied because federal programs and services and were Sawridge Band, went to court to try the First Nations community itself able to apply for membership in a to quash the guarantee of equality could not come to agreement on the band. At the time, the government between First Nations men and issue. In 1981, after almost four years, estimated that more than 16,000 women. For Mary Two-Axe Earley, the UN Human Rights Committee women and 46,000 first-generation therefore, the fight was not over. ruled that Canada had broken the descendants were eligible to benefit.7 In December 1993, then 83, and as International Covenant on Civil and Political Rights. It was a major, albeit One week later, symbolic, victory for many Aboriginal on July 5, 1985, Bill C-31 removed the long-standing women in Canada. Two-Axe Earley discrimination endured by First Nations became the first women by restoring Indian status and Subsequently, the 1982 adoption of person in Canada the Canadian Charter of Rights and to regain her Indian membership rights to the thousands who Freedoms also greatly assisted the cause, status when, at had married non-Indians. by adding more pressure on the federal a ceremony in government to eliminate the sexual Toronto, she was discrimination faced by First Nations presented with written confirmation a witness for the Native Council of women. Two-Axe Earley’s fierce by the Minister of Indian Affairs Canada, she rolled her wheelchair determination also impressed Quebec’s and Northern Development, David into the Federal Court of Canada to premier, René Lévesque. When the Crombie. “I could find no greater testify about the hardships of women first ministers at a 1983 constitutional tribute to your long years of work expelled from their home reserves. conference refused her request to than to let history record that you are One of her most striking points was speak, Lévesque gave her his chair at the first person to have their rights that the Kahnawake reserve had three the table, forcing the other political restored under the new legislation,” graveyards: one for Catholics, one for leaders to listen to her pleas for justice the minister said. Two-Axe Earley, Protestants, and one for dogs. While for First Nations women. “Please who was 73, responded, “Now I’ll have dogs could be buried on the reserve, search your hearts and minds, follow legal rights again. After all these years, “if you were a Mohawk woman who the dictates of your conscience, set my I’ll be legally entitled to live on the married a non-Indian, you had to be sisters free,” she told them.6 reserve, to own property, die and be buried outside the community.” The buried with my own people.”8 Court concluded that the Canadian 1985 passage of Bill C-31 government – not First Nations – had The revised legislation also abolished the ultimate say in determining band On June 28, 1985, almost two decades the concept of “enfranchisement.” membership. after Mary Two-Axe Earley began her Under the old Indian Act, First Nations campaign, the Parliament of Canada people who were “capable of assuming It was an important victory, but years passed Bill C-31, which amended the the duties and responsibilities of later Two-Axe Earley still felt women Indian Act and brought it into accord citizenship” could give up their Indian were not receiving fair treatment from with the equality provisions of the status, if they chose to do so. But that male band leaders. “Many native Canadian Charter of Rights and concept had already become outmoded women are still denied the opportunity Freedoms that came into effect on in 1960, when the government of to live in their communities, despite April 17 of that year. Bill C-31 Prime Minister John Diefenbaker the legislation (Bill C-31) that was removed the long-standing discrimina- gave Status Indians the right to vote supposed to enable them to do so.”9 tion endured by First Nations women in federal elections. by restoring Indian status and member- Personal recognition ship rights to the thousands who had The 1985 amendments to the Indian married non-Indians. Two generations Act did not go unchallenged. Some Over the years, Two-Axe Earley of children from those marriages were bands refused to reinstate expelled received many awards honouring her

November 2003 53 dedicated activism and achievements. his government plane, so that the of that year, after several years of In 1979, she was one of the first group would not have to spend many failing health. About 200 mourners recipients of the Governor General’s hours on a bus. In 1985, Two-Axe gathered at an old church on the Earley’s name was Kahnawake Mohawk Reserve. on the first list of Two-Axe Earley was described as … she was one of the first recipients members of the a pioneer of Canadian feminism and of the Governor General’s Award in Order of Quebec. an inspiration to Aboriginal women. A few months before Most significantly, she was buried in Commemoration of the Persons Case, her death in 1996, the Catholic cemetery that lies on a given to outstanding Canadian women. she also received a small hill in the heart of the reserve. National Aboriginal That was possible only because of Achievement the 1985 legislative changes for which Award in Commemoration of the Award. Her health did not allow her she had fought so many years. Among Persons Case, given to outstanding to go to Winnipeg to accept in person, them was the right to be buried on Canadian women. As the founder but that did not dampen her apprecia- the Mohawk reserve, her birthplace and vice-president of Indian Rights tion. “This award means to me a great and what she always regarded as for Indian Women, she was recognized deal, as this is the first time a national her true home. for “her tireless efforts to ensure rights Aboriginal organization has given for native Indian women are equal to me any award,” she said.10 those of native Indian men.” Two years later, Two-Axe Earley was awarded an Laid to rest in the right place honorary Doctorate of Laws degree by York University. Many of her supporters Mary Two-Axe Earley died of respira- could not afford the trip to Toronto, so tory failure on August 21, 1996, in she asked René Lévesque for financial Kahnawake, at the age of 84. She assistance. Instead, the premier provided had been hospitalized since February

NOTES

1. The term “Indian” is not in common use 4. “We recommend that the Indian Act be 8. Excerpted from an article in The Gazette in Canada and is used only to refer to the amended to allow an Indian woman upon [Montréal], July 5, 1985. First Nations people in connection with marriage to a non-Indian to (a) retain her 9. Quote is from Two-Axe Earley’s letter to their legal status under the Constitution Indian status and (b) transmit her Indian The Ottawa Citizen, “Letter of the Day,” or the Indian Act. Legally, the Canadian status to her children.” Report of the Royal March 12, 1992. Constitution (the Constitution Act, 1982) Commission on the Status of Women in recognizes three groups of Aboriginal Canada (Ottawa: Information Canada), 10. “First C-31 woman honored for rights people – Indians, Métis and Inuit. Under September 28, 1970, paragraph 59, p. 238. commitment,” Windspeaker newspaper, the Indian Act, there are three categories Aboriginal Multi-Media Society of Alberta, 5. Excerpt from Human Rights Video Portraits of Indians in Canada: Status Indians, Edmonton, Alberta, September 1996 issue. (Ottawa: University of Ottawa Human non-Status Indians and Treaty Indians. Rights Research and Education Centre), 2. Those organizations were succeeded in 1985. 1974 by Quebec Native Women Inc. 6. Excerpt from transcript, Federal-Provincial (QNW), which represents the women of Conference of First Ministers on Aboriginal the First Nations of Quebec and Aboriginal Constitutional Matters, (Ottawa), March 16, women living in urban areas. Its Web site is 1983, p. 226. at http://qnwafaq.com. 7. The estimated numbers come from a press 3. For a profile of Thérèse Casgrain, see the release issued by Indian and Northern May 2002 issue of Electoral Insight. Affairs Canada, February 28, 1985.

54 Electoral Insight