Fond Du Lac band office. (File photo/ paNOW Staff)

By Nigel Maxwell

Political unrest

Federal court upholds order for northern band to appoint new appeal board

Mar 13, 2020 | 2:00 PM

Years of political unrest may be coming to a head for the Fond du Lac Denesuline First Nation.

A decision this week out of federal court in Saskatoon, essentially upholds a order in 2018 for the band to appoint a new appeal board and deal with allegations of corruption in the 2017 election.

“The failure of the parties to move to expedite the hearing of this appeal is deplorable,” _{– Justice J.A. Stratas.}

Kevin Bruce Mercredi, who ran against his cousin and incumbent Louis Mercredi for chief, lost by two votes. Kevin Mercredi disputed the results and alleged conflict of interest and corrupt practices.

The chief electoral officer later appointed five people to sit on the appeal board, although the band’s election act states members are to be chosen at least 45 days before the election. A judicial review of the case was soon after requested by Kevin Mercredi. In response, the Fond du Lac Denesuline First Nation, along with the election appeal board and several individuals, argued the federal court did not have jurisdiction to look into the matter, saying that the decision of the appeal board was valid.

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In his decision in Dec. 2018, Justice Paul Favel ruled the appeal board was not formed properly, giving him jurisdiction in the matter. One of the complaints in the original appeal was an allegation three polling clerks voted in the election. The First Nation argued they had already voted before they were asked to serve on the board, but acknowledged that there were breaches of the election act in appointing members to the appeals board.

“The question, in this case, is – what does one do when the appeal body is not validly created,” Favel wrote.

Louis Mercredi disagreed and appealed the decision. In his written decision on March 9, Justice J.A. Stratas acknowledged Mercredi’s complaint the Federal Court should have granted a different remedy other than a new appeal board, but noted Mercredi did not offer a cross-appeal for the court to consider. Stratas also raised concerns with the respondent, which in this case was the band.

“In this case, neither party moved to expedite the hearing of this appeal. At times, both failed to comply with the time limits for various procedural steps under the Federal Courts Rules,” Stratas stated.

Stratas explained how for the good of the community, disputes over the conduct of elections must be resolved quickly, in order to help preserve stability in the community.

“In these circumstances, the failure of the parties to move to expedite the hearing of this appeal is deplorable and not in the best interests of the community,” he said.

The band’s next election has been tentatively scheduled to take place in the fall and Stratas said the court expects the First Nation’s Elections Act to be followed to the letter.

“If changes to the Elections Act are desired, the amendment formula therein should be followed to the letter,” he said.

Chief Louis Mercredi has not been available for comment on the matter. paNOW has been told a band leadership meeting has been scheduled to take place within the next week to discuss the election.

nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell