Turtle Talk

Nelson Keeper, the losing candidate for Chief in an election held by and for the Little Grand Rapids First Nation appealed to Canada’s Federal Court based on allegations that the winning candidate, Martin Owens, used alcohol and improper influence by the Electoral Officer to win.

Here’s the decision.

The Court determined that the INAC investigator used the incorrect standard of evaluation in his assessment.  Whereas the Investigator stated in his report that he was “unable to conclude that there was contravention . . . ” the judge noted that the legislative provisions engaged by the appeal and the decision are to be found in Sections 12 and 14 of the Indian Band Election Regulations and s. 79 of the Indian Act, which language states, respectively: “Where it appears that . . . ” and “that he [the Minister] is satisfied that . . . ”

After discussing evidence of the presence of alcohol prior to the election (on a “dry” reserve) as well as some hearsay evidence of the Electoral Officer influencing an elder’s vote, the  judge set aside the decision and referred the appeal back to the Minister for re-determination according to the correct standard of evidence evaluation and on the complete existing evidentiary record.  Also, costs were awarded to Keeper, to be paid fully by the Minister.

Of special note is the e-mail correspondence between the Investigator and INAC official where the First Nation is compared to “any municipality in Canada.”