The George Gordon First Nation is in the middle of a legal battle. One they say that is creating a major divide in the community. The First Nation held a public meeting in their band office to clear the air regarding a recent court decision.
“Appeals in First Nations country are common practice,” said community member, Leon Gordon.
“Madam Justice Schwann has no idea the impact of the October 28th court ruling has had on the people of George Gordon First Nation,” said Barb Bitternose, another community member.
George Gordon held its election for chief and council on March 31. Band member, Solomon Cyr filed an appeal against the results, alleging issues with mail-in ballots, vote buying and improper handling of ballots. Justice Lian M. Schwann ruled there was enough evidence to set aside the results and ordered a new election.
“They were taking the ballots and a few people witnessed those ballots actually going into their pockets,” said former chief, Shawn Longman. He ran in the election and supports the court’s decision.
“It’s time that we have a fair election process that we trust, that the people who are elected have been elected in a fair manner,” said Longman.
Current Chief, Bryan McNabb Jr along with his council has appealed. In a letter written to the band, Indigenous and Northern Affairs Canada told the First Nation that there is no recognized leadership for the nation. The band’s accounts were then frozen.
“This is creating division, this is creating lateral violence. I think all the votes that were taken at that time were counted so I’m not sure how the judge made a decision based on circumstantial evidence. The point of contention is I think with the First Nations Elections Act. It’s a flawed piece of legislation that has a lot of holes in it and has a lot of gaps,” said Chief McNabb Jr.
The First Nations Elections Act (FNEA) was introduced by the Federal Government in April, 2015. The legislation created new rules for elections and accountability with appeals handled by provincial or federal courts. First Nations have the option to opt in to the legislation or continue elections by the Indian Act or by band custom.
“In my opinion, once you sign onto the First Nations Elections Act, you’re basically giving up your jurisdiction. We are a federal responsibility and now we have the provincial court coming in and making decisions for us as First Nations people on First Nations land. As a Treaty First Nations person that concerns me. I warn other First Nations to really look at the act carefully,” said Chief McNabb Jr.
“(The act) just creates more of a system where we can trust that things are being looked at in a fair manner,” said Longman, who’s previous chief and council opted into FNEA.
Cyr’s lawyer, Nathan Phillips says this is the first appeal in Canada under the new First Nations Elections Act and it will set precedent for future elections. In a written statement to CTV he said, “All positions on the band council… are vacant and they will remain vacant until such time as a new election is concluded. Until then, any person that purports to act as chief or councilor… does so unlawfully. Mr. Cyr will be vigorously opposing the appeal.”
Throughout the court proceedings, Chief McNabb Jr says there has been a wave of rumors and governing his First Nation has been difficult. Accounts have been re-opened. McNabb Jr. says they will continue with the court case while at the same time keeping a business as usual approach.
