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The National Chief of the Assembly of First Nations (AFN) said, on September 27, 2000, that First Nations have not been properly equipped to deal with the impacts of the Supreme Court of Canada’s Corbiere decision. That decision states that after November 20, 2000, First Nations' citizens living off the reserve will be able to vote in elections.

"First Nations have not been given adequate information or resources to implement the new election regimes that will be in force after November 20," stated National Chief Matthew Coon Come. "We are suggesting that First Nations turn the problem back to its originator, the federal government."

On September 2, 2000, the federal government published new regulations changing how elections for band council and referenda are conducted. An AFN technical working group, consisting of policy and legal advisors appointed by AFN Regional Vice-Chiefs, advised the AFN Executive that First Nations could face law suits and potential liabilities as a result of the federal government's flawed handling of this matter.

"The Corbiere decision handed down by the Supreme Court in May 1999 is a ticking time bomb for First Nations," said National Chief Coon Come. "The federal government created the problem through its own legislation, but is doing little to assist First Nations in dealing with the decision. First Nations need a lot more in the way of information, and human, financial and technical resources to deal with it."

In its decision, the Supreme Court recognized the need for discussions aimed at balancing the rights of individual band members with those of the First Nations community. The legal precedent and the principle that will have the most impact on First Nations is that band members cannot be discriminated against based on their residency off the reserve.

The AFN welcomes the concept of voting rights extending beyond the reserve boundaries. This is consistent with the mobility rights of First Nations' citizens and the idea that First Nation governments legitimately represent all their citizens. This strongly held principle is a fundamental part of National Chief Coon Come's platform, the First Nations’ Peoples Agenda.

But the National Chief points to DIAND's failure to properly consult or address the capacity requirements of First Nations as directed by the Supreme Court. "The Department appears to be scrambling to meet the November 20 deadline with little concern about the community's ability to comply with the regulations," said the National Chief. Besides failing to balance rights, the federal response leaves communities unprepared for the most basic requirements, like maintaining a database of addresses for members living off the reserve.

"Trying to implement Corbiere in a last-minute, haphazard manner is only going to cause more problems for First Nations and the government," stated the National Chief. "First Nations will not be equipped to implement Corbiere. This will further prolong the injustice to our citizens living off-reserve, destabilize First Nations, and end up costing First Nations, the government, and Canadian taxpayers because of appeals, court challenges and the general chaos that could result. The onus is on the government to work with First Nations in a constructive and cooperative manner to give life to this important decision."