Band's move to custom elections questioned

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A lawyer for the Alexander Indian reserve says the band's election procedures ? recently declared illegal ? are used by many other bands across the country.

Federal officials declared the new council illegal because it failed to notify the department that it would be setting up its own election rules rather than following regulations governing band elections under the Indian Act.

The new rules for the September 11 election included reducing the number of council members from eight to six and raising the voting age from 18 to 21.

The Alexander Indian band is located 35 km northwest of the city of Edmonton.

Indian bands are required to issue an order in council to move out from Section 74 of the Indian Act which deals with elections of chiefs and band councils.

However, Roddick says there have been a number of band elections held across the country which are not in compliance with the Indian Act.

He says he is aware of one band in Quebec who have been electing its chief and council for the past 14 years according to their own rules, without an order in council.

"Nobody has shown me that they're (Alexander band council) not properly elected," he said.

However, a group of 100 Alexander band members disagree and have signed a petition calling for a re-election under the Indian Act.

Edmonton lawyer Don Lupul who represents the group says a department official has informed him that it does not object to bands setting up their own election rules as long as they are passed properly.

He further stated that the band failed to have the new rules accepted by a majority of electors.

There were "a couple of short meetings" held on the reserve in July but only 33 out of 270 eligible voters attended the meetings to discuss proposed election changes, he said.

The "biggest contention" raised by his clients is that they were led to believe that changes to the election rules had been approved by Ottawa but later found out that they had not been.

"Would the people have voted differently if they knew that these regulations had not been passed?" posed Lupul.

The chief of the Alexander band, Allan Paul, refused to comment, referring all questions to the band's lawyer.

Roddick also denied previous reports that the band funding has been cut off, "somebody jumped the gun," he said.

But Lupul says he has a letter from the department which states that it "will not be providing further funding."

Regional directors of Indian Affairs, Dennis Wallace, could not be reached for comment.

The Alexander band is one of five member reserves under the Yellowhead Tribal Council (YTC).

YTC executive director Richard Arcand says the council will not "interfere" in the band's election dispute.

"It's an internal problem. . . . .politically I think they can handle it," he said.

On Dec. 15 Alexander's chief, council and band members met with regional director of Indian Affairs Dennie Wallace on the reserve to discuss the issue. At press time Windspeaker could not reach Wallace nor Chief Allan Paul for comment. The meeting results will be followed up next week.