Six Nations of the Grand River Elected Council

Despite lacking widespread support, the change to the electoral system was approved by the federal government two days before the advance poll for the upcoming election in October 1995.

[16] The implementation of a new election code was criticized, as community members felt Council had not engaged in the appropriate consultation required for such an action.

In early 1996, author Brian Maracle and his sister Marilyn Maracle (who had been a candidate for chief in the '95 election but withdrew her nomination) disputed the legality of the custom electoral system, asserting that, in addition to inadequate community consultation, "the "custom" of Six Nations in choosing its leadership was through the age-old Hodenosaunee [sic] Confederacy.

"[16] The two sued the band council and Minister of Indian Affairs in federal court with a goal of having the election nullified.

However, councillor Dave Hill and chief Wellington Staats told a local newspaper that INAC officials seemed uninterested in acting on the band council resolutions, and the 1998 election was held under the custom electoral system.