(File photo/battlefordsNOW Staff)

By Angela Brown

Court ruling

Red Pheasant leadership considers appealing court decision on electoral fraud

Apr 5, 2022 | 2:49 PM

Red Pheasant First Nation leadership say they are considering appealing a court decision related to electoral fraud.

The elections of Chief Clinton Wuttunee and Councillor Gary Nicotine were to be annulled, Federal Court Justice Henry S. Brown stated in his decision on March 30, 2022, according to court documents in the Whitford v. Red Pheasant First Nation case.

In the matter of Chief Wuttunee, he was found to be directly involved in five instances of serious electoral frauds relating to vote buying.

“A first Nation Chief should be expected to be one of the bulwarks of First Nation democracy. Here Chief Wuttunee was not,” Justice Brown stated.

The applicants in the case, band members Mary Linda Whitford and Alicia Moosomin, alleged the chief and councillors of Red Pheasant First Nation engaged in various forms of electoral fraud in the 2020 elections, and asked for an order setting aside the elections of the chief and all eight councillors of Red Pheasant.

Fond Memories

North Stars' 20-year-olds reflect on junior hockey experience: Part 2

20h ago

Fond Memories

North Stars' 20-year-olds reflect on junior hockey experience: Part 1

Apr 18, 2024

Trades in Sask.

Skilled trades need not limited to building homes

Apr 17, 2024

According to court documents, the main issue in the case was whether and to what extent any of the respondents were involved in vote buying. The court indicated vote buying identified in this case was almost entirely related to mail-in ballots.

In making his decision, the judge stated he found evidence of electoral fraud.

“I am satisfied on a balance of probabilities that several of the respondent candidates engaged in serious electoral fraud, namely vote buying and related activities, such that the integrity of their elections were corrupted,” he said. “In the result, in the exercise of the court’s discretion, the elections of the respondents Chief Clinton Wuttunee and Councillor Gary Nicotine will be annulled regardless of the number of votes they obtained.”

The judge added that he also found that Councillors Lux Benson, Jason Chakita, Mandy Cuthand, Henry Gardipy, Samuel Wuttunee, and Shawn Wuttunee “engaged in serious electoral fraud, but on a lesser scale, such that their elections might be, but in my discretion are not annulled.”

In addition, Justice Brown ruled that supporters Leroy Nicotine Jr. and Shelley Wuttunee engaged in multiple instances of serious electoral fraud, “in respect of which the FNEA (First Nations Elections Act) gives this court no remedy to impose.”

The judge determined that Councillor Dana Falcon has not committed any contraventions of the FNEA, nor was he directly involved in serious electoral fraud, so no further action is required by the court.

The court’s full decision is available here.

Red Pheasant First Nation leadership said in a statement to battlefordsNOW they are considering appealing the judge’s decision.

The release alleges there are “factual errors” in the March 30, 2022 federal court ruling.

“The most unfortunate thing is all of the misinformation shared in the community surrounding the appeal and this decision. However, because there are ongoing legal proceedings, we are only able to make very limited comments to discuss and clarify everyone’s concerns,” Chief Wuttunee said in the release.

–

Angela.Brown@pattisonmedia.com

On Twitter: @battlefordsnow