(File photo/ paNOW Staff)

By Nigel Maxwell

Political tension

Judge dismisses motion for FDL election injunction; new date set

Jan 29, 2021 | 3:45 PM

Emotions are high at Fond Du Lac First Nation (FDLFN) as the community awaits confirmation that a newly scheduled election may actually take place. Meanwhile there’s fresh concern the election may still get tied up in the courts.

Notice that Friday’s scheduled election was being postponed was announced on Jan. 22. Chief Electoral Officer Derek McDonald provided no explanation in his social media post, only saying it was for a reason beyond his control.

paNOW has since learned the reason may have been due to a motion filed to the Federal Court of Appeal requesting an interim injunction of the election. The applicants for the motion were Gerald Felix McDonald, one of five candidates for Chief, and Mark Pacquette, one of the nineteen people running for the six council seats.

“The applicants are seeking a judicial review of the actions and decisions of the FDLFN’s Chief and Council, and the Chief Electoral Officer and Deputy Electoral Officer in relation to the election,” the document states.

One of the central issues cited in the motion is why the election was set three times (Sept. 8, Oct. 16, and Nov. 19), only to be postponed and the current council re-instated.

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The motion was discussed during a court hearing Thursday afternoon, and was dismissed partly on the grounds that it failed the test for issuing an interim injunction.

“Given the postponement of the election for another two weeks, the matter is no longer urgent,” Judge Sebastien Grammond stated in his decision.

Grammond also explained an additional reason for refusing the order sought by the applicants was the applicants must also prove they will suffer irreparable harm if the injunction is not granted.

“Yet, there is no irreparable harm in this case, because a recourse before the appeal board will provide the applicants with an opportunity to air their grievances and to obtain a remedy, if warranted,” he said.

“It follows that the election must take place and that any grievances regarding the conduct of the election must be submitted to the appeal board.”

The applicants now have 15 days to bring forward a new application for a judicial review which when filed will be handled as a specially managed proceeding.

A call for fairness

On Wednesday, one of the other candidates for Chief, Ronnie Augier, posted a video to social media, addressing the tension on the reserve, the various allegations, and he encouraged all candidates to set things right.

“You know our younger generations are watching this and seeing this. We talk about change, we talk about fairness, equality in our communities, well how is this equal,” he said.

In the four minute video, Augier mentioned allegations that candidates are promising people Treaty 8 money, as well as spreading rumours and false information about other candidates.

“You shouldn’t even run,” Augier said. ‘You want fairness, run this fair and let the people decide.”

Augier added he will personally accept whatever result comes out of the election, but explained his wish that band members have the assurity they will be taken care of by the next leadership

“If you are here only for the money, don’t even run in this is election I’m telling you now because you are wasting peoples’ time,” he said.

paNOW has reached out to all the other candidates for Chief but has so far not received a response.

Deputy electoral officer Jules Lidguerre could not confirm for paNOW an exact election date, but said he hoped to have the advance polls and election sometime in mid to late February.

nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell