Private dicks to investigate election disputes

Aboriginal and Northern Affairs Canada will employ private investigators when dealing with election disputes in First Nation communities.

According to a notice on MERX, the department is seeking the services of private investigators to collect facts, and confirm or invalidate allegations concerning elections held in First Nation communities.

MERX is the federal government’s public electronic tendering service Web site.

An average of 125 First Nations hold elections each year. Of those elections, close to one-third (approximately 40 elections) are appealed as allowed under the Indian Act, according to the tender.

The department is responsible for receiving and processing all appeals regarding elections held under the Act.

The tender states that in most cases, documents provided to the department are sufficient enough to determine a conclusion to an appeal.

However, the minister may draw upon section 13(1) of the Indian Band Election Regulations to conduct further investigation into the matter, if need be.

Under the Act, such investigative work may be held by the minister or by any person designated by the minister.
According to the tender, the department may require between five and 10 private investigators based on an as-and-when requested basis.

Those investigators will;
Obtain pertinent information with respect to an allegation, whether through interviews or meetings, conduct investigations, scrutinize material, and write reports – bring all necessary information to the minister in order for the department to draw conclusions on an election appeal.

In the tender it says that Aboriginal Affairs and Northern Development is prepared to pay between $100,000 and $500,000 over four years.

Rick O’Brien is chief of the Kwanlin Dun First Nation, a community located near Whitehorse. While his First Nation elects their chief traditionally - outside of the department’s rules - he still has concerns about the tender.

O’Brien questioned whether there is a less expensive route for Aboriginal Affairs to take when dealing with election disputes.

Also, he’d be interested in knowing if the utilization of private investigators expedites the process in resolving disputes.

Chief O’Brien said there may be more time spent on fighting with one another.

“I’d rather see things settled sooner than to drag it throughout an entire term.”

“I for one would not want to exhaust my energy fighting. I’d rather put it to positive use.”

It’s something O’Brien knows first-hand. He witnessed his own community undergo an election dispute several years ago and says that as the conflict dragged on, it impaired the community.

“I think there will always be election disputes in First Nation communities, especially in the smaller communities.”

O’Brien supports a common election day across the country.

He believes a single common day designated for elections would eliminate potential disputes by providing political stability to First Nation communities.

And he’s not alone. Further east, the Assembly of Manitoba Chiefs has been pushing for a common election day for years.

They say the federal government should be removed from First Nation elections altogether and that elections should be held based on a new “First Nations Elections Act.”

But in the meantime it seems federally appointed private investigators will look into alleged election offences.

This public tender closed on July 5th.