Chief Karen Bird. (Brandy Bloxom Photography)

By Nigel Maxwell

Codes and Practices

Court orders halting of PBCN by-election, Karen Bird re-instated as Chief

Jul 6, 2022 | 2:00 PM

Plans for an election this month by Peter Ballantyne Cree Nation (PBCN) have been brought to an abrupt stop.

The federal court has granted Bird’s application for an injunction and ordered her to be allowed to continue her role as Chief, until the final resolution of the underlying judicial review application on its merits.

Bird was removed by the PBCN Elders council on May 10th. Among the claims was that she was not following band codes, not communicating with members, and had been involved in two incidents related to public intoxication.

Bird has argued that none of these accusations is true, and claimed her removal was politically motivated. Bird also stated 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.

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“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,” her initial application to the court read.

In his ruling this week, Justice Shirzad Ahmed agreed there is no evidence to indicate that a petition was done and provided to the Chairperson of the PBCN Council of Elders, as required under subsection 12(i) of the Election Code.

“Further, it appears that the decision to remove the Applicant from the Office of Chief was based on rumours,” he stated.

Justice Ahmed also explained in his decision holding a by-election before the underlying application for judicial review is heard on its merits, is pre-mature, and to do so could lead to irreparable harm for Bird.

The respondents in this case, which include members of the current PBCN Council and Elders’ Council, argued no irreparable harm would arise from the injunction being refused, other than the shortening of the Applicant’s tenure as Chief and the “personal prestige and perks” that come with the Office of Chief.

The Respondents also noted the “dark side” of reinstating Bird to her position as Chief, claiming it would give her the opportunity to take action against those whom she believes were involved in her suspension and removal from office.

“This would cause disharmony and animosity within the PBCN Band Council and lead to the disruption of band affairs,” they said.

The Respondents noted that the Election Code intended that decisions of the PBCN Council of Elders be final, binding, and not interfered with.

“In my view, the balance of convenience weighs in favour of the Applicant. I find that it would be in the interest of PBCN membership to grant the interim stay and to preserve the status quo until the underlying application for judicial review is decided on its merits,” Ahmed explained.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell