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BLOOD RESERVE - The Blood Tribe chief and council have admitted they breached the election bylaws in the Indian Act by rescinding an earlier motion on changing council terms of office, says John Chief Moon Sr.
Chief Moon is a member of a protest group who opposed the new four year council term and stormed the Blood council chambers here October 22. After an intense meeting, they were successful in their efforts to get council to withdraw their original motion. Instead, council voted unanimously to hold a referendum during the Blood elections in November.
Chief Moon said according to the Indian act, under Section 74, when a by-law
is proposed, a meeting must be held with band membership to inform them of the change. Before the new change is proposed, council may discuss the pros and cons of the issue before a full quorum of council.
He said if council passes a new change unilaterally without the consent of the band of the Indian Affairs minister, it has committed an indictable offence under Section 80 of the Indian Act.
The Blood did not know of the new change until they red a news article in the Kainai News in September explaining the new four year system.
Since then, a petition was circulated on the reserve and meeting were held by
the protest group to drum up support. They presented their petition to Indian Affairs in September.
The new election system called for the sixth highest vote getter to receive four-year terms. The next highest vote getters would serve two year terms. The Chief would be elected to a four year term. An election would be held every two years.
According to the Blood Tribe's solicitor, Eugene Creighton, council's move to change election terms under band custom was legal. Creighton. a Blood Indian lawyer, said the motion was justified under the Blood Tribe Amended Custom Bylaws and Regulations.
However, this has been a point of contention, says Chief Moon. He said some Bloods believe they are still governed under the Indian Act. But council said the Indian Affairs minsiter granted approval several years ago that the Bloods can make their own bylaws concerning band nominations and elections. However, Chief Moon said, there was no referendum ever held to determine if Bloods favored Indian Act election regulations or Band custom.
"They have been operating illegally since they started using Band custom. The people did not give consent to this move," said Chief Moon.
Although council did not give approval on band custom, some Blood politicians believe it was about 1975.
The protest group will continue their sit-in at the Blood Tribe administration offices until council resigns.
Chief Moon and Duncan Bottle, another protest member, were to leave on October 31 to Ottawa. They were to spend the entire week lobbying federal politicians
to influence the minister of Indian Affairs to declare the Blood elections illegal and ask for the resignations of chief and council.
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