RED PHEASANT CREE NATION — A Federal Court of Canada decision has resulted in the removal of the chief and one band councillor at Red Pheasant Cree Nation.
Red Pheasant Chief Clint Wuttunee and Councillor Gary Nicotine have had their election results in the March 20, 2020 band election annulled, in a ruling by the court dated March 30, 2022.
The federal court ruling came in the case of Whitford v. Red Pheasant First Nation, filed by applicants Mary Linda Whitford and Alicia Moosomin. The applicants had been seeking to set aside the elections of the chief and all eight councillors according to the First Nations Elections Act, but in the end only Wuttunee and Nicotine were removed.
According to the ruling of Hon. Justice Henry S. Brown, their results were annulled “because their numerous and gravely serious electoral frauds corroded the integrity of the election regardless of the number of votes they received.”
According to the court document, the applicants had alleged contraventions that included vote buying, forging requests for mail-in ballots, payment to electors to request their mail-in ballots, forging of mail-in ballot voter declaration forms and forging identity documents.
In his ruling Justice Brown noted the vote buying in this case was almost entirely related to mail-in ballots. Brown cited several instances of electoral fraud against Chief Wuttunee in submitting requests for mail-in ballots.
Among the findings: Justice Brown determined Wuttunee has used his personal cellphone to text a forged request for mail-in ballot to the Electoral Officer Burke Ratte, which showed a false address.
He also determined that $700 in funds was provided at the direction of Chief Wuttunee to purchase the request for a mail-in ballot by one band member. Justice Brown also found Wuttunee was aware and “directly involved” in directing the use of band funds to pay another individual $200 for his mail-in ballot, in the knowledge and expectation it would be used to vote for the respondents.
“A First Nation chief should be expected to be one of the bulwarks of First Nation democracy. Here Chief Wuttunee was not. Moreover, and in my view, Mr (Burke) Ratte as electoral officer was entitled to accept requests for mail-in ballots from the chief of this First Nation in good faith: here in some instances Chief Wuttunee seriously disappointed. I also take into account the number of instances of serious electoral fraud (five). In my respectful view, Chief Wuttunee’s conduct seriously corroded and compromised the integrity of the election. I also note Chief Wuttunee authorized the use of band money to pay for the votes of not one but two band members … which, in my view, are particularly grave electoral frauds.
“… in my view Chief Wuttunee’s conduct is sufficiently corrosive to the integrity of his election such that, and in my discretion, the election of the respondent Chief Clinton Wuttunee must be annulled.”
With regard to Councillor Nicotine, Justice Brown found Nicotine committed three contraventions of the First Nations Elections Act subsection 16(f) — the provision which states a person must not offer money, goods, employment or other valuable consideration in an attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate — and was directly involved in seven instances of serious electoral frauds relating to vote buying connected to seven individuals.
“Councillors, in addition to First Nation chiefs are expected to be bulwarks of First Nation democracy. Here Councillor Gary Nicotine failed in this important role. Moreover, as with the chief, Mr. Ratte as electoral officer was entitled to accept requests for mail-in ballots from Councillor Gary Nicotine in good faith: here Councillor Gary Nicotine seriously disappointed. I also take into account the number of instances of serious electoral fraud he committed and the number of contraventions committed – again, seven.”
Brown also noted Councillor Nicotine was directly involved in the instance of the aforementioned $200 purchase of a band member’s ballot with band funds, which he called a “particularly grave electoral fraud.”
Justice Brown further stated Councillor Nicotine’s conduct was “on a par and only slightly less egregious than that of Chief Wuttunee.”
Justice Brown also found that on a balance of probabilities that Councillors Lux Benson, Jason Chakita, Mandy Cuthand, Henry Gardipy, Samuel Wuttunee and Shawn Wuttunee had also engaged in serious electoral fraud. But he ruled it was on a lesser scale, and in his discretion did not annul their election.
The early indication is that Red Pheasant leadership plans to fight the ruling.
In a news release issued April 4 from Red Pheasant Cree Nation, the leadership stated that “factual errors in the March 30, 2022 Federal Court Ruling has led to a miscarriage of justice in the case against a First Nations leadership.”
The indication from Chief Wuttunee is they are considering appealing the decision to the Federal Court of Appeal.
“The most unfortunate thing is all of the misinformation shared in the community surrounding the appeal and this decision. However because there are ongoing legal proceedings, we are only able to make very limited comments to discuss and clarify everyone’s concerns,” said Wuttunee in a news release.
“This court proceeding has unfortunately taken far more time than the leadership believed was necessary. It has taken our focus away from what has always been, and what will always be, our number one priority: the people. Although this decision is a temporary setback, your leadership still in office will continue to work diligently on important RPCN business matters.”
