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Elder condemns using courts to solve band matters

Jul 26, 2018 | 12:00 PM

Following a decision issued earlier this week, one of Peter Ballantyne Cree Nation’s Elders has come forward expressing his frustration with the sudden cancelation of a planned by-election and reinstatement of the Cree Nation’s urban councillor.

While he wasn’t surprised by the move, 72-year-old George Morin said he was disappointed by the election’s cancellation.

“When you lose control of your sovereignty, you don’t know what the outcome will be,” Morin said. “It should have stayed internal. When you let another foreign system say ‘this is what we use,’ you’ll never know what the outcome will be.”

Morin argued the use of the federal court system to interfere in a band matter is a forfeiture of the sovereignty of the Indigenous people within the Peter Ballantyne Cree Nation. As a sovereign nation, he said the band created its own election code to dictate how elections should be carried out and those processes should be honoured.

Through Morin’s time studying the treaty documents, he said he learned the settlers sat down with Indigenous people across Canada and determined they would have their own rights to governance through the inherent right of self-determination.

“The tables have turned, so to speak, to say ‘well, now we’ve concluded a deal, we’ll start telling you and forcing you. If one of your members don’t like how you’re operating, we will help that member to interfere in your processes and self-governance,’” Morin said. “It’s fundamentally unjust. It’s wrong. It’s totally wrong.”

Morin also called into question the decision to reinstate the winner of the spring election and said he doesn’t feel someone whose election was originally appealed should hold the position. In order to support urban band members, who Morin said have struggled during the tumultuous election and appeal period, he suggested the Cree Nation should appoint someone to oversee the councillor’s duties.

“The membership are suffering because they don’t know who to go to,” Morin said. “There’s many issues that the urban councillor is responsible for, and there needs to be somebody for the interim, at least, a spokesperson until a final decision on a by-election is determined.”

Legal papework helps explain by-election cancellation

Just hours before a planned by-election was set to go ahead, things were suddenly called off by the head electoral officer for the Peter Ballantyne Cree Nation.

An appeal was called for following the band’s general election, which was held in the spring of this year. After a hearing, it was determined by-election would be needed to elect an urban councillor.

According to a press release issued by Head Electoral Officer Randy Clarke July 23, the band received legal paperwork and the decision was made to call off the by-election until further notice. Clarke also stated Warren McCallum, who was elected to the position in the spring before an appeal was filed, would be reinstated.

Court documents sent to paNOW by an urban band member show McCallum approached the federal court requesting an injunction be applied to the band’s planned by-election June 25. The documents show McCallum was concerned “procedural fairness” was breached at the appeal hearing.

“The applicant alleges that the Appeal Tribunal heard evidence and allowed submissions on grounds for appeal that were outside the provisions and notice requirements of the election code,” Judge Roger R Lafrenière’s decision read.

The tribunal’s decision did not conclude any of the candidates in the Cree Nation participated in wrong-doing, though there were concerns raised about the conduct and election procedures which were followed by election staff at both advance polls and on election day.

Supporting McCallum’s request, the judge found not filing an injunction would cause the band councillor irreparable harm and cause uncertainty amongst urban members. 

Lafrenière noted the decision on whether or not the appeal tribunal correctly conducted their task was not his to make; a hearing would be set at a later date to determine if a by-election would go ahead.

 

Bryan.Eneas@jpbg.ca

On Twitter: @BryanEneas