Interference did not change Pegui’s election results, the rules rule

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A federal judge has ruled that the results of the Manitoba First Nation election are valid, despite evidence of “direct” interference when voters went to the polls in 2023.

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Federal Judge Ann Marie McDonald ruled last Thursday that she would not deny the results of the April 6, 2023 chief and council election in the Peguis First Nation, an election in which current Peguis Chief Stan Bird defeated incumbent Glenn Hudson by 440 votes in the Peguis First Nation. community with more than 12,000 members.

After losing the election, Hudson launched an appeal asking to throw out the results and call a new election, claiming that Bird and Bird supporters had engaged in a preliminary poll in the community on March 28, 2023 interfered with operations, actions he believed were inconsistent. the federal First Nations Elections Act.

Hudson’s legal team argued that Bird and Band Councilman Kelvin Wilson were present at the prior election when Bird supporters began threatening employees with OneFeather Mobile Technologies, the company hired to serve as elections officials in Peguis, and that their actions led to the cancellation of more than 100 votes.

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“The allegations are that OneFeather employees were threatened and intimidated by a group from Peguis First Nation over the custody of the ballot box,” McDonald wrote in her decision.

“Ultimately, OneFeather was prevented from retaining control of the ballot box that contained the votes cast in the advance vote on March 28, 2023.”

The judge said the incident led to the cancellation of 178 votes in the 2023 elections in Peguis, and she called it an example of “direct interference” with an election official, but said the incident is not enough reason to call for a new election. election.

“I am convinced that the events of the prior election constituted a direct interference with the duties of elections official OneFeather,” McDonald wrote. “However, the evidence does not support the finding that these events impacted community members’ ability to vote on Election Day on April 6, 2023.

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“There is no evidence that the 178 voters who voted in the preliminary poll were not sufficiently informed and did not have the opportunity to re-cast their votes on April 6. There is also no evidence that anyone at Peguis First Nation was denied the opportunity to vote as a result of the cancellation of pre-polling stations.”

Despite not overturning the election results, McDonald’s ruling strongly criticized both Bird and Wilson for their roles in the March 28 incident.

“The conduct of Mr Wilson and Mr Bird on March 28 was disruptive, misleading and ill-conceived; but I am not satisfied on the balance of probabilities that there is evidence of fraud or corruption,” McDonald said. “That doesn’t mean the court condones their behavior – it was serious – and it was close to the borderline.

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“The solution of overturning the election results threatens to disenfranchise all members of Peguis First Nation.”

Bird, Wilson and Hudson could not be reached for comment Tuesday.

The chief and council of Peguis First Nation posted a statement on their website after the decision was made.

“Although the judge recognized an irregularity in the preliminary election under the First Nations Elections Act, it was determined that this did not impact the ability of community members to vote on election day,” the statement reads. “We are hopeful that this ruling will help us move forward together in unity as we continue to work to improve the quality of life for all members of the community.”

— Dave Baxter is a Local Journalism Initiative reporter based at the Winnipeg Sun. The Local Journalism Initiative is funded by the Government of Canada.

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