Judicial review of Nelson House election heads back to court

But Primrose and council ink new deal with feds despite legal limbo

By Len Kruzenga

Winnipeg-Disputed since last fall the results of the August 28 election for chief and council in Nelson House will finally be decided in Federal Court on April 16.

Chief Jerry Primrose and his council went to federal court seeking an injunction last November against the band appointed election appeals committee's order calling for a new election after it upheld several appeals it maintained affected the outcome of the vote.

One of Primrose's main challengers in the fall election says the fundamental concern of the appellants as well as NCN members in general is the move by Primrose and council to take the matter to court.

"We have a decision by an election appeals committee organized and appointed by chief and council to administer our own nation's election code and they (chief and council) run to the feds when a decision goes against them," said Jim Moore

Primrose refused comment on the matter offering only that he did not "want to stir up anything more by talking to the media."

However Councillor David Spence says chief and council are well within their rights to take the dispute to federal court.

"It's in our own election code that we can take these matters to federal court to have them decided according to the letter of the law."

But for a community that has prided itself on attempting to establish its own model of self -government the failure of chief and council to take the matter to their own people is "the worst kind of hypocrisy" says Ramona Neckoway-an off reserve member attending university in Winnipeg.

"If this is a community that prides itself on people based governance it's interesting that the first time a decision goes against them they go running to the white courts for protection.

"That's pretty interesting given their public statements about colonialism, the imposition of legal decisions by the government of Canada and the province against our sovereign peoples etc etc."

Another concern for those opposing the current chief and council's attempt to ignore their own election appeal committee's decision is the recent push by Primrose and the council to ink new development deals with Manitoba Hydro and recently with Indian and Northern Affairs Canada on a $6.5 million training and employment center.

During the November preliminary hearing Federal Court Judge Campbell suggested Chief Primrose and council not embark on any long-term commitments prior to settling the validity of the election.

"It's obvious that he (Primrose) and council are going to do whatever they want without regard to the suggestions of the court or principles of fairness. Their mandate to govern doesn't exist because the election was ruled void by our community's own election appeals committee," said moore.

"Their (council's) recent action is showing complete disrespect for the people. If the court orders a new election and a new chief and council are elected are the people going to find out about other deals this chief and council is committing the community to? It will be too late to do anything about it then."