By Thia James

Sturgeon Lake First Nation to hold new election; Felix considers candidacy

Dec 24, 2014 | 2:06 PM

The Sturgeon Lake Appeal Tribunal has declared the results of the 2013 election and by-election void, and a new election will be held within 21 days of its Dec. 19 ruling.

The appeal tribunal’s decision follows a Federal Court ruling that sent the  appeals of the election results back to the administrative body. The appeals  stem from the decision of election officials to disqualify votes for candidate Henry Felix in his bid to become Sturgeon Lake First Nation’s chief and the chain of events that followed.

Justice Catherine M. Kane ruled in September that the Sturgeon Lake Appeal Tribunal must make a redetermination and her ruling gave the tribunal guidance in terms of what it considers in its decision.

Felix had run against Craig Bighead to become Sturgeon Lake’s chief in March 2013. But on election day, all votes cast for him were set aside and he was disqualified as a candidate because another Federal Court ruling came down against him, with costs.

As a result of that decision, it was deemed that Felix owed the band money and therefore was not eligible to run in the election.

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In its decision, the tribunal found that Felix did owe money — $13,200 – to the band.

“Therefore, should Mr. Felix wish to stand as a candidate in any future by-election or election he must first satisfy this debt.”

When reached by telephone on Wednesday, Felix indicated he would consider running in the new election. As well, he said he would “definitely” pay the band what was owed, as he had “resources” coming from the working group.

The tribunal found that the results from the March 27, 2013 election cannot stand.

“That election result was materially affected by the actions taken by the election officials, including by posting the [d]isqualification [n]otice during the polling on March 27, 2013 and then allowing the voting to continue.”

It then upheld its previous determination that the results with respect to the position of chief were null and void.  The tribunal also declared the results from the May 2013 by-election for chief null and void “given the uncertainty concerning the ‘no money owing’ provision and that Mr. Felix’s exclusion from that by-election directly affected its outcome. Although he had sufficient time to pay the amounts owed by that time, given all of the circumstances, we find a new election is required to preserve the democratic process as discussed below.”

The tribunal based the latter finding on its conclusion that a new election for the position of chief is needed to ensure faith in the democratic process.

Candidates will be required to also submit criminal record checks and declarations concerning existing charges. This requirement directly relates to the criminal charges filed against Felix in connection to a sexual assault allegation. The case is currently in front of the Provincial Court.

Felix’s campaign manager said a formal statement about the tribunal’s decision would be forthcoming.

Chief Craig Bighead could not be reached for comment on Wednesday.

tjames@panow.com

On Twitter: @thiajames