By Bryan Eneas

LLRIB members protest changes to Election Act

Mar 21, 2017 | 12:39 AM

New election regulations had 60 Lac La Ronge Indian Band (LLRIB) members braving an unseasonable cold to voice their concerns while attempting to reinstate six candidates before the upcoming election on March 31.

The nominees were unable to qualify for election due to a conflict of interest clause in the band’s elections regulations which were introduced by the former chief and council on Feb. 13. A memorandum was issued on Feb. 17, along with a Band Council Resolution (BCR) which directed the LLRIB executive director to create a list of all members with debts to the band.

Under the interpretation point in the regulations, section ‘C’ specifically defines a conflict of interest as “any candidate has no debt outstanding to the [LLRIB], including band entities, businesses and corporations to which the band is a majority shareholder.”

Many of those gathered at the offices on March 20 protested the clause and its methods finding it unfair. They argued the band had to provide three months notice to any changes or additions to the act as stated in section 64, subsection ‘A’ of the Elections Act.

Regina Poitras Charles, one of those gathered at the band office had aspirations to run for council in 2017. She received a letter On March 17, a week after she was nominated to run, which informed her she was disqualified from running due to the conflict of interest clause. 

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The letter issued to Charles said she owed LLRIB’s social development offices $300 — a point she disputes. The advance listing she received from the social development offices goes back to 2014.

“When I called the welfare worker, she said it was from when I was not working — she went on and on about this one year we were not working,” Charles said. “I’ve worked all my life.”

For the last six years, she’s been a student advisor at Northlands College. Prior to that, she said she worked for the Gary Tinker Federation for the Disabled and the Kikinahk Friendship Centre.

She also said she was told the advance broke down into two $150 payments, one for herself and one for her husband.

“He’s a non-band member, and he’s worked all his life,” Charles said.

She said it wouldn’t be possible for a non-band member to take an advance payment from LLRIB.

Charles is asking to be reinstated as a candidate for the councillor position she was nominated for.

“The reason I wanted to run to begin with was for the children, for education. I wanted to run just to change things, for the better,” Charles said.

A letter dated March 16, 2017 which was signed by Keith Olsen, Henry McKenzie and Virginia McKenzie, stated they are disappointed in the former chief and council of the band. The trio argues there was no prior knowledge of the changes to the Election Act. The letter was distributed to band membership at the rally, and was sent to the band’s legal counsel according to Henry McKenzie.

“Making changes is our band members’ rights to have their voice heard and their experiences acknowledged,” the letter reads.

“People have the right to appeal;” LLRIB legal counsel

Peter Vincent Abrametz Sr., LLRIB’s legal counsel had a hand in creating the disputed election regulations.

“The Lac La Ronge Band works by band custom, which means they have their own election act,” Abrametz explained. “This was done in the late 1980s, early 1990s and the election act has not changed.”

Abrametz said the former chief and council were well within their rights to create the elections regulations by a BCR, as per section 64, subsection ‘B’ of the Elections Act 2016.

The clause reads: “The Chief and Council may approve by Band Council Resolution regulations establishing the procedures, forms and other administrative rules of administration of this act.”

He said the election regulations were first suggested in 2002 when a previous LLRIB leadership asked to start forming a document. He was contacted again last June to bring the regulations about in time for the 2017 elections.

The conflict of interest clause in particular was a great concern to the former leadership of LLRIB, Abrametz said.

“This was a policy decision by chief and council. It wasn’t directed particularly at anyone,” Abrametz said. “There are at least two individuals that owe a substantial sum of money to the band; one over two million (dollars) and another band member is indebted almost a million dollars.”

He said the memo and letters issued by the band fulfilled their duties to consult. He said it even galvanized a few people hoping to run to pay their debts to make them eligible. According to the BCR issued by the band, hopeful candidates had until March 10 to pay their dues.

“There’s only a very few this regulation actually affected in terms of the membership,” Abrametz said.

Abrametz said there has already been an attempt to stop the upcoming election; an injunction was filed and wasn’t upheld by a federal judge. For those who aren’t happy with the results of this year’s election, there is still one last chance.

“The biggest misunderstanding I guess is that the elections act is a code for the entire band. Part of its provisions is that… people have the right to appeal,” Abrametz said. “Under section 58, if any candidate feels as that he was improperly, not entitled to run, he can appeal this.”

Section 58 states any candidate, or elector who cast a ballot can appeal the election within 30 days of its conclusion.

LLRIB members go to the polls on March 31.

Bryan.Eneas@jpbg.ca

On Twitter: @BryanEneas