Ahtahkakoop Cree Nation is located 72 km northwest of Prince Albert. (File photo/paNOW Staff)
Election controversy

Ahtahkakoop Cree Nation election results being challenged in court

Jul 28, 2021 | 4:00 PM

A woman who ran for chief in last month’s Ahtahkakoop Cree Nation election is now challenging the results, seeking a do-over.

Kathy Masuskapoe told paNOW a number of irregularities took place so she is taking the matter to court.

“If we don’t get transparency and accountability with our election, it causes major distrust within our band members and our leadership,” she said.

To be clear, Masuskapoe is appealing the election for the positions of councillors, not the position of chief. She has named all councillors in her federal court application: Larry Ahenakew, Ben Ahenakew, Lanny Scott Ahenakew, Russell Ahenakew, Dean Genereaux, James Isbister, Pat Isbister, David Masuskapoe, Chad Peekeekoot, Rodney Saskamoose, Stanley Saskamoose, Evan Williams, and Cindy Williams-Johnstone.

One of the points of contention for Masuskapoe is the belief the results would have been different had more band members been allowed to vote — for example only four votes separated the 12th councillor elected and the person who ultimately lost out.

“A lot of people didn’t event get their mail-in ballot and they requested them way back at the beginning,” Masuskapoe explained.

From left to right: Rob Louie (President of BMAAAC), Kathy Masuskapoe, Evander Masuskapoe (Vice-President of BMAAAC)

Masuskapoe also claims Electoral Officer, Burke Ratte, did not follow a number of provisions of the First Nation’s Election Act. One example she provides is a claim her scrutineer was forced to leave for being disruptive. He would be allowed back into the building, but during the time he was away, voting was allowed to take place. Masuskapoe explained her scrutineer merely requested photographic proof that the ballot boxes were empty, prior to people voting.

“We didn’t get that picture. We had no transparency and accountability,” she said.

Another claim made by Masuskapoe is the allegation the official electoral video camera was turned off and on during the counting of ballots, that included a dispute whether or not a ballot box was included in the final count or not.

Masuskapoe will be represented by Edmonton lawyer, Evan Duffy, who has an expertise in band elections. She’s also supported by the Band Members Alliance and Advocacy Association of Canada (BMAAAC), a non-profit organization dedicated to helping band members get access to justice.

“What happened under this electoral officer’s watch was a complete Gong Show. The people of Ahtakakoop First Nation deserve an election that has integrity and transparency.” BMAAAC president Rob Louie said in a statement. “A new election without the same electoral officer is required to restore faith and confidence in their electoral system.”

A court hearing date has not yet been scheduled. When paNOW reached out to Burke Ratte for comment, he advised any communication would come from his lawyers.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

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