Confusion over credentials lands lawsuit

A former Onion Lake Cree Nation councillor is challenging the credentials committee of the Federation of Saskatchewan Indian Nations for not allowing her to run in the Oct. 28 election.

Dolores Pahtayken was one of four potential candidates who did not meet all criteria set out for filing nomination papers. Missing from her papers by nomination deadline was the vulnerable sector check. The vulnerable sector check verifies whether an individual has a criminal record, as well as any record suspensions (or pardons) for sexual offences.

However, Pahtayken maintains, through a letter sent by her legal counsel John Kwok to the FSIN credentials committee legal counsel, that she was informed by Ron Crowe, clerk of the assembly for FSIN, that her nomination package was in order.

He accepted her $1,000 non-refundable application fee, but two weeks later she received a letter from Crowe stating she was not qualified as a candidate because her package was not complete. Her fee has not been refunded.

Adding to the confusion is the status of former FSIN Chief Guy Lonechild. His nomination papers were accepted although, as he told reporter Marvin Brass of Treaty 4 News, that he did not have his vulnerable sector check completed.

Crowe, however, told the StarPhoenix that all accepted candidates had completed their full nomination packages. Crowe is no longer with the credentials committee.

Darcy McKenzie, director of communications with the Office of the Chief of the FSIN, says the FSIN had “no jurisdiction over there. They’re a separate committee from us.”

Kwok said that whether or not the FSIN and credentials committee are separate, that should not have stopped the FSIN from issuing a statement.

“It should not have even needed a letter from a lawyer. Once they heard about that controversy, I would think that FSIN, even the old leadership, had to step up to the plate and clear it. Why is it they need activists out there to challenge anything?” said Kwok.

In his letter dated Oct. 27, Kwok says he has been retained by Pahtayken to “represent her rights and options, and her challenge to the FSIN and its credential committee….”

At this point, says Kwok, “this matter is still being pursued.”

Pahtayken had hoped to run against incumbent Third Vice Chief Dutch Lerat. Instead, Lerat was acclaimed to the position.

Lyndon Linklater is another person who was unable to run because he couldn’t get his vulnerable sector check done in time. Linklater says all the candidates support having a vulnerable sector check completed, which is a fairly new requirement for the FSIN.

“The issue is the amount of time it takes to get a vulnerability sector check, and the time they allotted us to get it made it impossible for us to adhere to their requirements,” he said.

Linklater assumed he had more time before he would be able to contest the positon of Second Vice Chief. But when Bobby Cameron, who held the position, decided to run for chief, Linklater was left scrambling.

“I’m sad that I never got the chance to run,” said Linklater, “but if it’s meant to be, I’ll get another chance down the road.”

The vacant seat went to Robert Merasty with 441 votes; also running was Rod Atcheynum, who took 246 votes, three more than Lonechild.

Linklater says he is hopeful that Lonechild didn’t get an opportunity to run that wasn’t afforded the other candidates. However, even if that were the case, Linklater says he will not be joining Pahtayken in any legal action against FSIN.

“I love FSIN,” said Linklater, noting he worked there for six years. “On one hand you’re trying to be a leader in that organization, and in the same breath you’re trying to take them to court. It’s a struggle.” 

Also disqualified from running were Shirley Wolfe-Keller and former Yellow Quill First Nation chief Larry Cachene.

The FSIN election saw Bobby Cameron win as chief with 758 votes, defeating Helen Ben (145 votes) and Leo Omani (69 votes). Kimberly Jonathan was acclaimed as First Vice Chief.

Counsel for the credentials committee, Kimberly Stonechild, did not return a phone call from Windspeaker.