Lutsel K'e election violates election code
Committee finds breaches of conduct, intimidation
Kassina Ryder
Northern News Services
Published Monday, April 7, 2014
LUTSEL K'E/SNOWDRIFT
Conflicts of interest, threatening behaviour and other elections code violations contributed to the decision to hold a new election for chief in Lutsel K'e, according to reports.
In a report prepared by the band's election committee, members stated that significant breaches took place during the community's election on March 14.
Committee members used Lutsel K'e's new election code, as well as Elections Canada rules and previous cases in other jurisdictions as the basis of their investigation, members noted in their report.
"After a review of the appeals lodged and examining all the reports provided, the election committee feels that there were breaches of the election code sufficiently serious enough to change the result of the election and to undermine the integrity of the voting process," the report stated.
"The election committee concludes that on a balance of probabilities, if the breaches not occurred, the election result would be different (there would have been no tie)."
This is the first year in which the community's newly adopted election code has been used during an election.
Originally, Archie Catholique was believed to be the winner immediately following the election. But Graeme Drew, then the electoral officer, band manager and senior administrative officer, said when votes were counted from other communities, the results were different.
A recount took place on March 22 and found that Catholique and Felix Lockhart had each received 63 votes.
The committee's report noted that while the election code did not provide procedural instructions in the event of a tie, committee members believed if rules had been followed, there might not have been a tie at all.
Members said one of the appeal letters received outlined concerns about a candidate who withdrew from the election after the deadline set in the code.
According to the report, candidates had until March 7 to submit withdrawals in writing, but one candidate ended up withdrawing on March 10.
"The election committee notes that in the present circumstances, as there is a tie between the leading candidates, had the election code been followed and the nominee remained on the ballot, even a single vote for that nominee could have altered the outcome of the election," the report stated.
"The election committee therefore decides that this breach of the code was significantly serious, in that it likely altered the outcome of the 2014 election for chief, to declare the election null and void and order a new election in its place."
Members also stated that during a meeting about the election, a band councillor who is directly connected to a candidate threatened legal action if the election were overturned.
The report stated that the same councillor acquired one of the appeal letters sent to the committee. The councillor then telephoned the appellant and allegedly threatened him or her, but the report notes the threats were not deemed criminal.
The election code mandates that conflicts and disputes are to be directed to the election committee, members noted in the report.
"It is the role of the election committee to carry out the investigation and analyze the appeals received and then render a decision. The fact that a councillor, in a leadership position who is also in direct conflict, contacted an appellant and attempted to alter the outcome of the decision making process is a serious breach of conduct," the report stated.
"The interference sought to affect the appeals process, which is a fundamental safeguard for a fair election. Such interference could render the procedure unfair and not consistent with natural justice."
Other concerns noted in the report included that the election was held in the band office during regular working hours. One appellant stated that band office staff had access to the fax machine being used for proxy votes. members of the First Nation in Yellowknife and Fort Smith voted by proxy in the election.
Another concern was that elections staff were handling proxy votes from relatives in other communities.
"There are staff members who were directly related to candidates casting proxy votes (in one instance in a significant amount)," the report stated.
"There is no reference to this in the code, but it does seriously affect the integrity of the system."
The election code obliges elections to be held in the band office as it has the necessary equipment, but in their recommendations committee members suggested future elections be held on a Saturday when regular staff aren't working.
They also recommended reducing the number of proxy votes and the use of special ballots instead, as well as a mandatory recount for votes received from polling stations outside of Lutsel K'e.
The report also called for better rules around leadership behaviour during elections.
In a previous interview with News/North, Drew said the new election for chief could take place in May. He also said the findings of the committee report would help guide future elections to ensure issues are mitigated.
Drew's term ended on March 31 and he has since left the community.
No one from the LKDFN band office was available for comment as of press time.
