No second election required
TORONTO—Linda Debassige will be taking her oath of office this weekend, following a settlement between her and the M’Chigeeng Election Appeals Committee requesting that the court reverse an earlier decision to set aside that election and to hold a new one this month.
As a result of the new decision, chief and council are expected to be sworn in this coming Saturday (April 7).
The election results had been appealed by a letter (author’s name unreleased) challenging the election on the basis that the band membership list being used did not conform to the band’s new custom election code. The M’Chigeeng Election Appeals Committee agreed following consultation with legal counsel, but following pressure from a public outcry from a large number of residents who claimed to be unaware of the need to reapply for membership, and were therefore disqualified from voting, a number of petitions and a public meeting, the committee changed its mind.
A late attempt by former chief Joe Hare to be recognized as an intervener by the court was dismissed as a misuse of process, specifically attempting to introduce new evidence in contravention of process.
Justice Peter Annis issued the decision, dated March 27, in Ottawa. The order, citing applicant Linda Debassige and respondent M’Chigeeng First Nation Election Appeal Committee reads: “This motion brought on behalf of the Respondent, M’Chigeeng First Nation Election Appeal Committee, for an order, on consent, setting aside the Order of Justice Bell dated December 4, 2017, was read this date at 180 Queen Street West, Toronto, Ontario.
“Upon being advised that the parties hereto have consented to the Order requested below: This court orders that the Order of the Honourable Justice Bell, dated December 4, 2017, made in Ottawa, Ontario, Docket Number T-1562-17 is hereby set aside; This court further orders that the results of the M’Chigeeng First Nation general election held on September 9, 2017 are hereby confirmed and the Chief and Council elected as a result of the September election is hereby reinstated. The Chief and Council’s term begin on the date of this Order; and this court further orders that this Application is dismissed on consent, without costs.”
“I have been directed to stop the election process for April 21,” posted electoral officer Dan Simon online. “The results of the September 2017 election have been upheld by the latest court order.”
The elected candidates from that election are Chief Linda Debassige and council members Albert Beaudin, Ray Corbiere, Dennis Corbiere, Grace Debassige, Henry Panamick Sr., Howie Debassige, Jesse Beaudin, Tom Hare, Daughness Migwans and Forry Hare.
