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."
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