(File photo/ paNOW Staff)

By Nigel Maxwell

Elections

Fond Du Lac First Nation prepares for new election

Jan 21, 2021 | 6:11 PM

Following an election in 2017 that was marred with controversy, and a two-month delay due to COVID-19, members of the Fond Du Lac First Nation will head back to the polls later this month.

The band’s general election is scheduled to take place Jan. 29.

Marco Theriault is one of five candidates running for chief and was a former councillor from 2009 to 2011. He explained the community has essentially been run by the same five families since the band office opened.

“Somebody has to challenge them and it’s me because it seems no one else wants to challenge them and call them out for what they are doing,” he said.

Also running for chief are Ronnie Augier, Gerald McDonald, Kevin Mercredi, and the incumbent Louie Mercredi. paNOW has attempted to reach all the candidates for comment but so far received a response only from Theriault.

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Treaty 8

One of the controversial issues leading up to this month’s election is the disbursement of the band’s Treaty 8 funds.

In April, 2018, the Canadian Government reached a $177 million settlement with Black Lake and Fond du Lac. The Treaty included a clause that allowed the signing bands to collect agricultural benefits, ammunition, and twine from the Crown.

Community members eventually voted on a plan to take a payment of $15,000 each. Theriault said he didn’t like the way the process was handled.

“I knew damn well they could not get 90 per cent votes from Fond Du Lac. The reason being is a majority of the population are spread out all over Canada,” he said.

Theriault claims this is another example of what he regards as the big families trying to control all the ‘urbans’, as he put it, and promised if elected he would work address that.

“ll be… opening the doors to the RCMP and get it all cleaned out because I don’t want to be a part of all that bad stuff,” he said, without offering any specifics on what the ‘bad stuff’ relates to.

Meanwhile some concerned band members at Fond-du-Lac have started a GoFundMe to hire a lawyer and pay for future legal fees.

“All members were to be issued a per capita payment of $40,000. We were forced to agree on a one-time payout of $15,000, which most has been paid out, but we have questions on the amount that was not,” a statement on the account page said, also claiming the band failed to provide financial statements.

The council race

In addition to the five chief candidates, there are 19 people running for the six council seats. paNOW has reached out to several people listed as candidates and so far Jake Mercredi, who is seeking a second term, has responded. He was first elected in 2017. He said he has unfinished business and wants to do more to help the youth in the community.

“When I was in term, suicides were at a really high rate for our community and you don’t want to see that. It’s due to isolation and being stuck in a community and we want to get them out of there and see places and do things knowing there is something there for them,” he said.

If re-elected, Mercredi said he would work toward the expansion of the community’s recreation centre. Due to COVID-19 the community was forced to cancel its winter festival and Mercredi created an online activity page. One other thing he said he was proud of was being able to help send five kids off to hockey schools across the country.

“One day we might have an NHL player from our community,” he said.

Voter information

The advance poll at Fond Du Lac is scheduled to take place Jan. 22 at the band hall, while a separate advance poll is scheduled for Prince Albert on Jan. 26.

According to the community’s profile on the Indigenous and Northern Affairs Canada website, there were 2,178 band members with 1,132 on their own reserve as of Dec. 20.

A number of members on the band’s Facebook page have inquired about online voting to allow more people the opportunity to vote, and have also voiced their frustrations to paNOW but have asked to remain anonymous out of concern for repercussions from leadership.

Chief Electoral Officer Derek McDonald has at this stage not provided any information about which options will be available to off-reserve members beyond the advanced poll in Prince Albert. paNOW has made repeated attempts to contact McDonald for comment, but has so far not received a response.

2017 election controversy

In March 2020, a decision out of federal court in Saskatoon, essentially upheld an order in 2018 for the band to appoint a new appeal board and deal with allegations of corruption in the 2017 election.

Kevin Bruce Mercredi, who ran against his cousin and incumbent Louis Mercredi for chief, lost by two votes. Mercredi later disputed the results and alleged conflict of interest and corrupt practices.

The chief electoral officer later appointed five people to sit on the appeal board, although the band’s election act states members are to be chosen at least 45 days before the election.

A judicial review of the case was soon after requested by Kevin Mercredi. In response, the Fond du Lac Denesuline First Nation, along with the election appeal board and several individuals, argued the federal court did not have jurisdiction to look into the matter, saying the decision of the appeal board was valid.

In his decision in December, 2018, Justice Paul Favel ruled the appeal board was not formed properly, giving him jurisdiction in the matter. One of the complaints in the original appeal was an allegation three polling clerks voted in the election. The First Nation argued they had already voted before they were asked to serve on the board, but acknowledged breaches of the election act in appointing members to the appeals board.

Louie Mercredi disagreed and appealed the decision. In his written decision on March 9, 2020, Justice J.A. Stratas acknowledged Mercredi’s complaint the Federal Court should have granted a different remedy other than a new appeal board, but noted Mercredi did not offer a cross-appeal for the court to consider. Stratas also raised concerns with the respondent, which in this case was the band.

“In this case, neither party moved to expedite the hearing of this appeal. At times, both failed to comply with the time limits for various procedural steps under the Federal Courts Rules,” Stratas stated.

Stratas explained how for the good of the community, disputes over the conduct of elections must be resolved quickly, in order to help preserve stability in the community.

“In these circumstances, the failure of the parties to move to expedite the hearing of this appeal is deplorable and not in the best interests of the community,” he said.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell