Court to hear arguments about Blood Tribe election results
By Tim Kalinowski on March 13, 2021.
LETHBRIDGE HERALDtkalinowski@lethbridgeherald.com The Court of Queen’s Bench will hear arguments from Blood Tribe community advocates who say last year’s chief and council election results should be thrown out in favour of new municipal elections.Autumn EagleSpeaker has filed documents with the court which seek a judicial review of the entire election process where perhaps as many as 300 Blood Tribe members were prohibited from voting in both Lethbridge and Calgary last November in close results, which had only a handful of votes separating those who were elected from those who were not.
EagleSpeaker says the court will hear the case on March 18.
“I think having a clear, unbiased judge, or someone who is outside looking at the whole issue would be able to determine on a level playing field rather than dealing with our own Blood Tribe Appeals Board, which is appointed by chief and council,” said EagleSpeaker, who is funding the court costs out of her own pocket.”
“There is no other way to proceed with this other than to have the result completely overturned, and actually have another election called,” she stated.
The judicial review request follows concerns that a recent appeal of the election results through the Blood Tribe Appeal Board did not return an impartial verdict last month when it determined the irregularities which occurred in the election were of insufficient concern to trigger a new election. After EagleSpeaker, and Elders Roger Prairie Chicken and Keith Chiefmoon, spoke to The Herald about the issue at the end of February, the Blood Tribe issued a formal statement dismissing these concerns.
“The Appeal process was open and transparent and respected the rights of the parties,” the statement reads in part.
“The Appellant (EagleSpeaker) was provided with the opportunity to provide written submissions and written arguments and called and questioned eight witnesses. The Chief Electoral Officer presented his report to the Appeal Board with respect to the Election process as required under the Kainaiwa/ Blood Tribe Election Bylaw and Regulations. The Blood Tribe Council made submissions and provided a written argument. Council did not provide evidence at the hearing and did not cross examine the Appellant.
“On February 5, 2021 the Appeal Board provided its written decision and found there was no corrupt practice in connection with the Election and there was no violation of the Bylaw or Regulations that materially affected the outcome of the Elections and dismissed the Appeal.”
EagleSpeaker is hoping the Court of Queen’s Bench rules differently, and that the court decides there is need for broader electoral reform on the Blood Tribe First Nation and a new election.
“I have nothing to gain out of this, but it is costing me,” stated EagleSpeaker.
“I believe in it so much that I am willing to put forward my own money, and sacrifice my own time, to ensure that everybody’s ability to vote happens.”
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