Custom Election Code leaves member scratching his head

Wayne Pamajewon is unhappy right now with his community’s custom election and Elders tribunal processes.

Upon the recommendation of its Elders tribunal, Shawanaga First Nation held a by-election for chief earlier this year. Pamajewon participated in the Elders tribunal last fall when they recommended an election, not just for chief, however, but for council as well, after learning about financial and management irregularities.
Pamajewon says the former chief was the only one who willingly stepped down from his role, and all members of council stayed put. Because of that, he wonders, “How do band members challenge leadership?”

While proud his community is an independent First Nation with its own custom election code, Pamajewon is concerned about the authorities of the tribunal and chief and council.

Since the community is under its own custom election process, Aboriginal Affairs is of no help. An email from Aboriginal Affairs and Northern Development Canada spokesperson Genevieve Guibert states, “The department encourages Band Councils and membership to undertake reviews of their election codes to determine whether or not it reflects the community’s view and to address deficiencies.”

Out of 617 First Nations in the country, 341 of them select leadership via their own community or custom election codes and 36 of them are self-governing.

Without a formal appeals process for some First Nation custom elections, Federal Court seems to be the only resort for those who would challenge band leadership. For instance, the federal court intervened to end a dispute in Bears Paw First Nation in southern Alberta.

The issue was over amending the chief and council term from two years to four in their custom election code. The next scheduled election was canceled to reflect the amendment. That was a point of contention for membership and the matter went to court last year. The federal court judge removed chief and council and forced the election. (All new leadership was elected).

A federal court process can be lengthy and costly. Pamajewon says legal fees for disputes within the community are not available, so court is not an option. In relative terms, the customary election code in Shawanaga is quite new, and Pamajewon would like to see amendments to the document, which was adopted in 1993.

Pamajewon thinks the Elders Tribunal process in Shawanaga wasn’t handled appropriately. He not only questions its authority, or lack thereof, but also the way it was put together.

“The Elders were summoned, and some were handed tobacco, while others found tobacco in their mailbox.” He was one of those that found tobacco in his mailbox.
Another community member confirms this. Ann Pamajewon also found tobacco in her mailbox. Though Ms. Pamajewon says she was flattered at being considered an Elder in the community, she didn’t like the way it was handled either.

“The tobacco was attached to an envelope, and I thought it was disrespectful of the cultural value of tobacco.”

Not all First Nations run into hurdles in their custom elections. Peter Recollet, spokesperson for Wahnapitae First Nation, also in Ontario, says, “It’s working for us, but there may have to be a little tweaking.” He says the only hiccup Wahnapitae has run into since their custom election code was adopted in 1999 has been minor issues with electoral officers. It’s an easy fix, Recollet says.
Procedures only need to be tightened up. Also, his community’s election code includes an appeals process, and members can suggest amendments to the code with adequate community notification.

The waters are muddy when considering authorities of custom election procedures and appeals. And Aboriginal Affairs Canada is closer to adding another process to the mix.

In AANDC’s email, Guibert writes,” It should be noted that Bill S-6, the First Nations Elections Act, contains a provision that states that a First Nation council may ask the Minister by band council resolution, to add its name to a schedule of First Nations who would hold their elections under that bill. The bill is currently before the Senate at third reading stage.”

The federal governments First Nations Elections Act includes options for petitions to oust leadership, and will impose penalties for offenses under the Indian Act.
For now, Pamajewon has presented a petition to Shawanaga First Nation Council requesting the resignation of council and to hold a new election. Numerous phone calls to newly elected Shawanaga First Nation Chief Mike Pamajewon were not returned.