Minister orders new election for Sandy Bay

By Len Kruzenga

For the second time in less than a year INAC Minister Robert Nault has imposed his authority under sec 74 of the Indian Act to force an election on a Manitoba first nation.
This time it's on the Sandy Bay First Nation, which has been plagued by increasing dissent over allegations the former Chief John Bear, bribed some voters and that some of the first nation's staff had taken a winter vacation in the tropics as well as to West Edmonton Mall for shopping trips.

However those allegations did not precipitate Nault's decision to order the new election and as a result place the band into third-party management.

Nault's action came after the band was unable to meet a February 14th deadline to update its election code to specifically provide for an appeals process.

The move to call for the new election was answered by the chief and council's announcement they will fight the ministerial order in Federal Court.

"We're questioning the minister's actions and asking the court to set them aside," said band lawyer Harvey Pollack. "This minister has denied the chief and council natural justice."

The assertion by Pollack, say some observers, is a direct reflection of a federal court hearing on the same issue in Ontario, where Nault's order to place the band into third-party management was overturned by the court, which cited that the ministers actions in imposing his power under Sec. 74 had been unreasonable and denied the Ontario band natural justice.
"Pollack is going to try and use the Ontario decision to get this one over turned but they are different cases," noted one aboriginal lawyer who requested anonymity. "This is about the failure of the band to meet a definitive deadline to overhaul their election code. They Sandy Bay would have dragged this on forever. There's always an excuse for not getting the job done but in the end it's the people of the community, who are left with no recourse.

"The chief and council at Dakota Tipi tried to fight the same thing and realized they couldn't. Trying to compare what happened in Sandy Bay and Pikangikum Ontario is ridiculous. Sandy Bay has been teetering on the edge for a while instead of answering the legitimate calls for accountability by the people.

But AMC Grand Chief Dennis Whitebird called Nault's action a coup d'tat, which angered those who say the AMC has ignored the problem on reserves.
"We asked Dennis to assist us, to hear us out and we heard nothing, said off-reserve Dakota Tipi member William Hall.

And in case after case AMC staff sent to observe federal court proceedings on issue such as this have been providing visible and even logistical support to chiefs and councils facing challenges from dissident first nations members, who say they were rebuffed by the provincial organization.

"From Dakota Tipi, to the election fiasco at Nelson House and now Sandy Bay, they (AMC) are nothing but the lackeys of the chiefs and council," said a visibly angry Clayton Roulette. "They haven't the courage to face the people to hear what we have to say. They run from us and cry that their hands are tied, that they don't interfere in internal politics but that's complete B.S.

"If the chief and council go to court the AMC is there. But if I'm in court or an ordinary person from the reserve is, are they there? No. Not ever.

"They're always claiming society is racist against Indians but what about them? They're prejudiced against anyone that goes against a chief and council, all their buddies. As for the people's problems it's nothing but money and power to them. If they want not to interfere then they should keep their big noses out of it.

"All their talk about self-government and the like is pure crap. They spent millions of dollars and years and years and the people still have to fight for basic human rights," said Rouelette.