Karen Bird was removed as Chief of PBCN on May 10th. (Brandy Bloxom Photography)

By Nigel Maxwell

Court proceedings

Federal Court to hear injunction request of PBCN planned by-election

Jun 22, 2022 | 4:16 PM

Members of Peter Ballantyne Cree Nation (PBCN) are scheduled to vote next month in a by-election but in the meantime a woman who was ousted last month as Chief aims to put a halt to the proceedings and be returned to her position.

On Thursday, the Federal Court in Saskatoon will hear Karen Bird’s application for an injunction, and the reasons she feels she was wrongfully relieved of her position on May 10.

According to a letter that day by the Elders council, Bird had displayed unprofessional conduct and lateral (verbal)violence at a council meeting on Dec. 14.

They also claimed she was in violation of a number of codes of conduct including failing to communicate with band members and did not protect and safeguard Treaties and First Nations laws, values and policies.

The letter went on to state the elders council had met with Bird on two separate occasions to discuss the complaints against her, and that they had received no written response from her with respect to a recommendation letter issued last April.

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The decision to remove Bird as Chief was then made at a meeting at the Coronet Hotel in Prince Albert.

Bird’s defence

Karen Bird’s notice of application names both members of the PBCN council and the Elders council as respondents.

Among other claims, Bird states the Elders Council did not follow the band’s Custom Law which provides a mechanism for the removal of an elected Chief. Before the PBCN Council of Elders has the jurisdiction to remove an elected Chief, Custom Law requires that a petition be signed by 15 per cent of the electors. The complaint of a PBCN Member must also be presented to the Chairperson of the PBCN Council of Elders.

“Chief Bird has never been notified of, or presented with, such a petition. Further, she has not received sufficient notice of any complaint(s) that have been brought against her, or been given sufficient opportunity to respond to such complaint,” the application read.

With respect to the unprofessional conduct and lateral violence complaints, Bird explained how during the Election campaign, one of her key platform issues was the need to complete backdated audits, as it was her understanding one had not been done since 2016/2017.

During a Band Council meeting on Dec. 2nd, a quorum of Council passed a number of motions related to finances, and Bird was not there. Explaining she would have attended the meeting had she known about it, Bird said she was away at previously scheduled Prince Albert Grand Council meetings in Edmonton. She had also just the day prior attended her brother’s funeral.

“It is now my belief that Motion 1-12-2-2021 was passed to give added protection to PBCN senior managers in the event mismanagement of funds is revealed by the completion of outstanding audits,” Bird said.

Bird also confirmed that at a meeting on Dec 14th, when she confronted Councillor Kevin Morin about the motions passed, the argument became quite heated.

“I asked Mr. Kevin Morin about why the meeting was held, and he attempted to orchestrate a walk-out of all Councillors. The argument ended with Mr. Kevin Morin leaving the meeting by himself, with the rest of PBCN Council Members staying to conduct business,” she said.

Bird also discussed certain allegations that had been raised against her. One claim was that when she attended the Dakota Dunes Casino, she had gotten so drunk that she had to be escorted away from the premises, and that she had fought the police officer who was escorting her away.

There’s also an allegation that Bird attended Kachur’s Golf Club in Prince Albert and was driving drunk and crashed a golf cart.

“I had heard of similar rumours myself that had been circulating about the community. I heard rumours that I had a drinking problem, that I was responsible for incidents of property damage taking place, and also that I had been charged by police for such property damage. Each and every one of the rumours about me were untrue, and I am unsure who started these rumours,” she said.

Personal history at play?

In both the 2015 and 2018 elections, Bird had run unsuccessfully for the Office of Chief.

She explained in her affidavit how the day after the results of the 2018 election was announced, she was terminated from her role as Principal of Reindeer Lake School in Southend.

“The timing of this removal led me to believe that the direction to remove me came from the newly composed PBCN Band Council. One of the newly elected Councillors was Mr. Kevin Morin,” she stated. “1 believe I was terminated because I had competed against the incumbents in the election, and not for any other particular reason.”

Bird added to the best of her knowledge, that she was well-liked and performed effectively as principal of Reindeer Lake School and had never been given any negative performance reviews or any indication that her performance as Principal was not acceptable to PBCN.

Thursday’s court hearing will proceed at Saskatoon Court of Queen’s Bench. As it stands now, the by-election is scheduled to take place on July 25.

paNOW attempted to reach out to the respondents for comment, but as of the publishing deadline had not received a response.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell