IQALUIT
The day after the Qikiqtani Inuit Association presidential vote ended with a three-vote spread, which means a recount is required, leading candidate Mikidjuk Akavak went public with his accusations that the second-place candidate, PJ Akeeagok, and acting president Larry Audlaluk, who placed third, shouldn't have been candidates at all.

CBC reporter Jordan Konek films the results projected from a computer at election headquarters in Iqaluit, where people had gathered to watch the results of the Qikiqtani Inuit Association and Nunavut Tunngavik Incorporated elections Dec. 8. - Casey Lessard/NNSL photo

"In some cases there were QIA employees running in QIA elections, when under those election regulations, the new Bylaw #5, does not permit a full-time employee to run as a candidate for any position of QIA," Akavak said.

Akeeagok quickly put down the accusation, saying he submitted his candidacy after taking a leave of absence without pay from his role as assistant executive director Oct. 28. In other words, he was not an employee throughout the election, and he remains on leave pending the results of the recount.

The QIA confirmed that Audlaluk, too, was on leave without pay during his candidacy.

"I followed all the procedures, and as long as I took a leave without pay I was eligible," Akeeagok said. "I was on leave, and it was made clear to Mickey in November. It's making an issue out of something that was already resolved."

The results were almost strictly tied to the candidates' placement on the ballot. The tally had Akavak with 758 votes, Akeeagok with 755, and Audlaluk with 657. Pauloosie Keeyota earned 406 votes, Jerry Natanine received 362, and Meeka Kilabuk received 331.

Akavak went to the media after the Dec. 8 election showed he was not a clear winner, forwarding an e-mail discussion with chief returning officer Nancy Karetak-Lindell.

In an e-mail dated Nov. 1, Akavak questions Akeeagok's candidacy as a "full-time permanent employee ... in receipt of a salary," as per the bylaws.

Karetak-Lindell, under the advice of QIA lawyer Michael Osland, wrote in a Nov. 4 e-mail that Akeeagok was eligible.

"It is my understanding that the change made to the bylaws was to enforce even elected members (the incumbent) that wanted to run for QIA office to take a leave without pay," she stated.

"It has been common practice in the past that all employees have to take a leave of absence without pay if they want to run for office."

Akavak said candidates were confused about which bylaws were in effect because recent changes were yet to be confirmed by Legal Registries.

He pointed to the existing bylaw to question Audlaluk's eligibility.

"There's a statement in the old bylaws that no one individual should hold two positions, meaning you cannot hold one position and run for another position.

"You either have to resign as an employee or resign as an executive member of that particular seat before you can run for any other position such as president."

In a follow-up email, he points to Article 6.01.2 (c)(1) that states that "Any community or appointed director elected to the position of president, vice-president or secretary-treasurer shall resign his position as a community director and such vacancy on the board of directors shall be filled as provided for in Section 6.01.5 hereof."

But this section requires the action after the fact of election, and says nothing about a vice-president stepping down to be considered for president.

"Yes, the wording isn't great but the practice has been that employees could run provided they took leave without pay," Karetak-Lindell stated in the Nov. 4 e-mail.

"We assure you again that steps will be taken to make sure the wording is adapted to clarify this situation before the next election."

The recount will take place when ballots arrive in Iqaluit from all voting communities.

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