Here is the order:
Leech Lake Band 2011 Election Declared Invalid by Tribal Court
Here is the order:
tribal election
Prophet River First Nation v. Rath & Co.: Attorney Fees & Taxes
In Prophet River First Nation v. Rath & Co., a judge from the Alberta Court of Queen’s Bench has exercised his discretion and extended the time allotted for taxation of lawyer’s fees ($10 million) in connection with a larger settlement ($130 million) between Prophet River First Nation and the Government of Canada.
This settlement was in the news in 2008 when members of that first nation took over their band office in a peaceful sit-in. They were upset that Chief Liza Wolf and Councillors Lorraine Wolf and Loretta McAllister gave themselves each a $800,000 lump sum payments as part of the “administration costs” of the lawsuit.
When those three were ousted in an election, the new Chief and Councillors commenced this action, seeking to tax the funds received by the law firm, Rath & Co., even though the deadline had passed.
Cherokee Nation Supreme Court Orders Manual Recount
Here is the order:
Also available on the Cherokee Nation Judiciary website.
Shotclose v. Stoney First Nation: Election? We Don’t Need No Stinking Election
In Shotclose v. Stoney First Nation, members of Stoney Nakoda First Nation (which includes Bearspaw, Chiniki, and Wesley) were successful in convincing the Federal Court of Canada to invalidate an extension of the chief and councillor’s term in office past the two year band resolution limit.
Cherokee Nation Election Dispute
Incumbent Chief Chad Smith has filed an appeal with the Cherokee Nation Supreme Court challenging the results of the recently held election, where at different times he has been declared the winner and the loser.
An article in today’s Tulsa World discussing the case can be found here.
Smith’s appeal to the Cherokee Nation Supreme Court can be found here.
Order of the Supreme Court setting the hearing in the case for Friday, July 8 can be found here.
Cherokee Nation of Oklahoma Elects a New Principal Chief by 11 Votes
From the Washington Post coverage:
OKLAHOMA CITY — In a close election that ran overnight, the Cherokee Nation elected a new principal chief Sunday, with final results posted on the tribe’s website showing longtime councilman Bill John Baker defeating three-term incumbent Chad Smith by 11 votes.
More than 15,000 votes were cast, and the margin between the men had been fewer than 30 since late Saturday.
Confusion in Replacing Joe McCoy as Chair at Sault Tribe
Here is the release from saulttribe.com:
There will not be an election to fill the seat left vacant by Sault Tribe Chairman Darwin “Joe” McCoy, who announced his immediate resignation as the elected leader Tribe on Tuesday, May 10.
“After further review of our election ordinance and upon advice from our legal team and Tribal Election Committee, it has been determined that an advisory election to fill the vacant chairperson seat is prohibited under our Tribal Law,” said Lana Causley, Vice Chairperson. “Chapter 10 of the Tribal Code is the Tribe’s Election Ordinance. The relevant provisions are sections 10.107 (Notice of Election) and 10.203 (Date of Election) that state: “The date of the (special) election shall not be earlier than ninety (90) days after the Election Announcement. No Special Advisory Election shall be held if the election date shall be later than six (6) months prior to the posting of the Election Announcement for the next general election.’”
Under this Election Ordinance, the Tribe cannot hold a Special Advisory Election because, assuming the Board posted the announcement for the Special Advisory Election May 24, 2011, the earliest the Special Advisory Election could be held under section 10.203 would be August 22, 2011 (August 22 is ninety days from May 24, 2011), which is less than six months from the posting of the Election Announcement for the next general election, which is July 27, 2011. In order to hold a Special Advisory Election, the Election Announcement would have had to been posted 90 days prior to July 27, 2011, which has already passed. According to section 10.107 “The Notice of Election shall be sent to all Adult Members (at least one notice per household) by means of letter, and shall also be publicized in the tribal newspaper, on the Tribe’s official website, and posted at all Tribal Offices on the last Friday in January in the year in which a general election occurs”, which is 2012 in this case.
The board did consider a resolution which would allow them to have a special advisory election by changing tribal law eliminating the 6 months prohibition, and the resolution failed on a vote of six to five. Therefore, under the Election Ordinance, the Board may not authorize a Special Advisory Election to assist it in appointing a replacement to fill the unexpired term of former Chairman McCoy. There will not be a Special non binding Advisory Election.
Causley said the entire board apologizes to tribal members and other audiences about any confusion caused by reports that an advisory election could be held to fill the position. It is the first time the Tribe has had a chairman resign near the end of his term.
“Our goal is to make sure we are following our Constitution and Tribal Laws, which clearly state that calling a special election in this instance would be prohibited,” said Causley. “On behalf of the entire Board, I apologize for any confusion caused surrounding this issue.” Causley also cautioned to be aware of any notices surrounding this and other Tribal issues to be certain they are coming from the Tribe and not an outside source. Continue reading
Black Lake First Nation v. Bigeye: Is Service of Process Proper When The Process Server is Intoxicated?
After being sued for interference in the election of chief and band councillors (intimidating the Chief Electoral Officer) for the Black Lake First Nation, David Bigeye argued that he was not properly served. Here’s an excerpt from Bigeye’s sworn affidavit.
Montana First Nation v. Rabbit: Alberta’s Tobacco Road
In Montana First Nation v. Rabbit, the Federal Court of Canada recently reinstated the ousted Chief (Carolyn Buffalo) and a Councillor (Leonard Standingontheroad) of Montana First Nation in Alberta. They were temporarily suspended by the remaining Councillors for having brought onto the reserve a significant amount of contraband cigarettes without the required provincial stamp and storing them in a tribal facility. After a break-in and theft of some cigarettes, the RCMP were notified. When the RCMP saw the large amount of cigarettes remaining, they notified the Alberta Gaming and Liquor Commission, which seized them.
Using the three prong test as laid out in RJR-McDonald Inc. v. Canada , [1994] 1 SCR 311 for determining the entitlement of injunctive relief, the court reinstated Buffalo and Standingintheroad.
Federal Court of Canada Sets Aside INAC’s Decision To Let First Nation’s Election Results Stand
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.
Turtle Talk 
You must be logged in to post a comment.