A protestor seen at the Lac La Ronge Indian Band office after the 2017 election. (File photo/ paNOW Staff)

By Nigel Maxwell

Election Act challenged

Federal judge to decide on appeal from northern Saskatchewan band members

Oct 15, 2019 | 4:55 PM

A long standing conflict between members of the Lac La Longe Indian Band (LLRIB) and their chief and council is awaiting judgment on whether it could head to appeals court.

A notice of appeal was heard last month by a judge at federal court in Saskatoon.

Henry McKenzie is one of several band members claiming council was in the wrong two years ago to make changes to the band’s Election Act prior to the election. Under the changes, which were approved in February 2017, anyone with a financial debt to the band was deemed ineligible for candidacy.

“You know the ancestor’s laws have been broken and including the human rights, charter of rights and privacy,” he said.

The judge reserved his decision and there has been no timeline provided for when the written decision may come. McKenzie, who has made numerous attempts over the past two years to appeal the decision, said he thinks this time will be different.

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“We have had appeals for the last 15 years and they are always thrown under the table because none of them ever went to the federal court. Finally this one went to the court,” he said.

McKenzie explained the debts he owed dated back over 10 years, and added he held office as a councillor before with no problems.

Tammy Cook Searson, who was elected chief in the 2017 election, did not respond to requests for comment. A spokesperson for the Lac La Ronge Indian Band also declined comment.

Peter Vincent Abrametz Sr., LLRIB’s legal counsel at the time of the 2017 election, had a hand in creating the disputed election regulations and in March, 2017, spoke to paNOW about the conflict.

Abrametz explained the former chief and council were within their rights to create the election regulations through a band council resolution, 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.”

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell