Election woes for Manitoba First Nations

Hey there, time traveller!
This article was published 21/01/2012 (5015 days ago), so information in it may no longer be current.

For the second time in mere months, a Manitoba First Nation will elect two chiefs in rival governments.

In the remote fly-in Cree Shamattawa First Nation, an embattled council under Chief Jeff Napaokesik faces off against a challenger in an election today.

“There are two people really pushing this and they aren’t giving up. They’re ruining our political stability,” Napaokesik said. “When I became chief in 2004, we were in third-party management and since then we’ve come out of it. We’re under co-management now and we’ve had surpluses every year since.”

Courts turned down an injunction to stop the mid-term election and granted a judicial review of an attempt to oust Napoakesik.

But without a judge willing to rule on the squabble, politics in Shamattawa is outstripping the ability of Manitoba courts to contain the fallout.

“Now, there could be two chiefs,” the chief said.

At Roseau River Anishinabe First Nation, also troubled by an electoral dispute, the latest twist this week found opposing chiefs and councils at odds over a federal order for a referendum on how to elect a stable government. It’s no longer clear if the referendum will even go ahead.

In both cases, Roseau River and the Cree Shamattawa are governed by custom laws that allow voters to turf their leaders mid-term.

Custom councils are a form of self-government Ottawa recognizes and is protected under Section 35 of the Constitution, which guarantees inherent aboriginal rights.

Critics point to some fundamental flaws of both Indian Act government and custom codes. The loudest chorus is that public accountability often takes a back seat to politics.

Unstable governments often scare off investors First Nations want for developments such as cottage projects and gas bars. Nightmares can haunt negotiators who must consult aboriginal people over resource-sharing and surplus Crown lands.

First Nations compensation settlements that earn millions in interest annually can become triggers for unrest.

At Roseau River, Ottawa stepped in after banks froze millions of dollars in accounts intended for new housing and the political disagreements boiled over despite a trust agreement.

One Winnipeg lawyer who specializes in aboriginal law said aboriginal law-making is every bit as complicated as drafting a law in Parliament or provincial legislatures.

“It’s not unlike any other legislation. You have to have procedures for appeals, for judicial reviews, for decision-making authority, appeals. I’ve drafted many and the diligence is considerable,” Michael Jerch said.

Imagine trying to refit Roseau River’s clan system of government or Shamattawa’s oral traditions to the needs of the federal Charter of Rights and Freedoms, provincial, federal and municipal orders of government and layers of bureaucratic complexity and public demands for transparency.

And if you can do that, the task is to lace an election law together with a system of checks and balances to safeguard it from political intrigue.

Norway House’s election code is one example that works, Jerch said. The courts agree.

A court ruling last June returned a squabble back to Norway House to settle on their own. And election reforms are the subject of federal legislation for First Nations currently before Parliament.

Chiefs at Shamattawa and Roseau River agree there are flaws with their custom codes. Voters in both First Nations failed to ratify the codes.

In Shamattawa, the custom code is oral — oral traditions are recognized in Canada — but it’s incomplete and open to interpretation.

In Roseau River, the constitution has so many holes in it, there are two custom councils with rival chiefs and councils.

alexandra.paul@freepress.mb.ca