| LETTERS TO THE EDITOR |
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| This letter came out in the Victoria Star, a Victoria Co. newspaper here in New Brunswick on Nov 10, 04. This explains a little of what has been happening here. |
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Dear Editor: On October 5th, 2004 the Minister of Indian and Northern Affairs Canada (INAC) informed me that my election was approved and therefore set aside the election of the Chief and Council, that was held on October 27th, 2003. My appeal was based on violations of the Indian Band Election Regulations of the Indian Act, and it is a legal requirement for all candidates to follow the law. My appeal included affidavits signed by community members that confirmed violations of certain sections of the Indian Band Elections Regulations. My appeal maintained that the election should be set aside due to violations of a number of sections of the Indian Band Election Regulations. While the appeal identified violations of at least seven sections of the Regulations, one included a violation of section 12 (1) (a) of the Regulations that addresses a ‘corrupt practice in connection with the election’. My appeal maintained, ‘there was a corrupt practice in connection with the Band Election on October 27th, 2003 by reason of the fact that certain candidates for Chief and Council were engaged in vote buying’. The appeal included supporting documentation (affidavits) to confirm the violations. Affidavits are documents containing factual information that individual have sworn to be true and accurate. I asked Department of Indian Affairs officials to define ‘corruption’ and they informed me that the term was actually defined in the criminal code of Canada. They also informed me that corruption occurs when an individual uses Band funds to buy votes. For example, it is illegal to purchase building materials, appliances, furniture and other items using Band funds to buy votes. It is also illegal to buy votes by promising specific jobs to specific individuals. Furthermore, it is illegal to buy votes by offering drug and alcohol to the electors free of charge in exchange for their votes. This is not allowed not only in our Band Elections, but also in federal and provincial elections. Warren Johnson, Assistant Deputy Minister of Lands and Trust Services of the Department of Indian and Northern Affairs at Ottawa received my appeal package. Mr. Johnson subsequently sent copies of my appeal and accompanying affidavits to all candidates for the October 27th, 2003 Tobique election. Mr. Johnson informed all the candidates that they had a legal right to respond to the affidavits submitted by community members and it is my understanding that the former Chief and others did in fact respond to the affidavits. The Minister of Indian and Northern Affairs Canada also recruited the services of a former RCMP officer to conduct a detailed investigation of the Tobique elections. The investigator interviewed all community members who signed affidavits as well as the electoral officer. The investigator also interviewed the former Chief and other individuals who were candidates for the October 27th Election. In addition, the investigator interviewed Department of Indian Affairs officials at the Atlantic Regional office who were responsible for Band elections. Finally, the investigator viewed all documents related to the October 27th election that was submitted to the regional office by the electoral officer. A final report was completed by the investigator and submitted to the Assistant Deputy Minister of Lands and Trust Services. Following a review of the findings of the report and consultations with federal lawyers, the Assistant Deputy Minister recommended to Minister of INAC that the October 27th, 2003 election be set aside due to violations of law dealing with Band elections. The Minister subsequently announced that he was satisfied that information provided to him confirmed that a violation of law had indeed occurred and therefore set aside the election. I am surprised that the former Chief who is a lawyer would consider that a violation of Canadian law is trivial, frivolous and petty. And a lawyer who has sworn allegiance to the Crown and has therefore made a solemn pledge to uphold Canadian law, both federal and provincial laws. No one is above the law and you cannot use your position as chief or lawyer to work around the law to meet your political objectives. In fact, a chief should be a role model for moral, ethical, and honorable behavior to community members of all ages. The former chief has suggested that my appeal portrays Tobique First Nation as a community of “drunken Indians’. I have never made that claim nor does my appeal suggest that the majority of our members are experiencing alcohol problems. It was Stewart Paul who allowed a ‘ beer tent’ to be set up next to the polling station and it was Stewart Paul and his supporters who sponsored and ‘election dance’ in which beer was available to the electors free of charge. These election tactics would suggest to me that it is Stewart Paul who views our community members as ‘drunken Indians’ who are easily swayed for a vote. My appeal reveals a corrupt practice in the last election and the affidavits signed by community members confirm the violations. Numerous members signed affidavits confirming that cash payments were made in return for their votes. These payments ranged from $150 to $1,000 depending on the individual. I also have records that confirm that the casino provided $2,500 for the ‘election dance’ or rally for Stewart Paul and his candidates for council. These affidavits do not describe Tobique in the way that Stewart Paul has shared his personal view with readers of the Victoria Star. My election appeal and supporting documentation reveal a corrupt practice as defined in the Criminal Code of Canada. Councilor Dave Perley 273-4277 Tobique First Nation |
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