I thought I would take a minute and explain the appeal process. Appeals of elections are governed by the Indian Act Regulations which form a part of the Indian Act. To appeal an election, a person must show that they have grounds as defined by the Regulations. So the first step is to draft the appeal based on evidence gathered that supports the assertion that there are one or more grounds that demonstrate that the election was not as it should be. The appeal is then forwarded to AANDC (INAC) and it is reviewed by staff there who make a determination as to whether or not it appears that there are indeed grounds for an appeal. Once that decision is made and it is determined that there are grounds for an appeal, then an independent investigator is assigned by AANDC. That investigator will then come to Red Pheasant and will interview all parties to assess the evidence as to whether or not there was wrongdoing with respect to the election. If the investigator decides that there are in fact grounds to support the appeal, he or she makes a recommendation that either the election should stand or that it should be overturned. That recommendation is then considered by the Minister of Aboriginal Affairs and Northern Development Canada. The minister then makes a decision.People have come forward with evidence to support the appeal and I believe that evidence is sufficient to warrant an investigation. But we shall see. This is a legal proceeding and the decision the Minister makes is a legal decision. I want to be clear with people that I am filing the appeal as an individual band member. The signature on the appeal submitted will be mine and mine alone. Any individual band member is free to file an appeal. The appeal must be filed within 45 days of the election and must be supported by affidavit evidence. Anyone is welcome to ask me anything they want to know about where the appeal is at. It is basic. It is in the process of being drafted and will be submitted according to the process defined by the Indian Act Regulations. Those regulations are law. They form part of the Act. Please, by all means feel free to ask me any questions.
Posted on: Thu, 03 Apr 2014 04:31:49 +0000
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