One such case is before the courts. In order to defend a custom code that excludes off-reserve members, the band council would have to argue that the right to determine who votes is an Aboriginal or Treaty right. This could have negative impacts for exercising these rights in the future. The Corbiere decision applied immediately only to the Batchewana Band. The ruling comes into affect for all other First Nations only on November 20, 2000.
Any action taken is currently at the discretion of band councils.
However, the AFN is recommending that bands in these situations explain the nature of the Corbiere decision and when it comes into effect. We are also recommending that you request contact information from people who ask questions, so that they may be personally contacted prior to November 20, 2000. It is not yet clear what steps First Nations will have to take to enable their members living off-reserve to participate in elections. The federal government has not informed First Nations citizens of its plans to deal with Corbiere . National organizations are working together to ensure that First Nations people are fully involved in exploring options for implementing Corbiere and expect their decisions to be respected by the government.