A Lac La Ronge Indian Band lawyer says the chief and council do have the authority to make rules concerning band elections — including a controversial one that prevents people who owe money to the band from running.
Peter Abrametz, Sr. says even though the regulations were only enacted on February 13, they have actually been under consideration since last June.
Abrametz says the band council used a clause in the Election Act that only requires a band council resolution to see changes implemented.
“Where the opportunity for chief and council to tweak it comes in is in Section 64b,” he says. “And the Act says this: ‘Chief and council may approve by Band Council Resolution regulations establishing the procedures, forms and other administrative rules for the administration of the Act’.”
Abrametz says if the band council had opted to change the Election Act itself, it would have been forced to give three months notice to band members — but it is not under that obligation when it uses this clause of the Act to introduce or change regulations.
He says there was a plan to change the band’s Election Act itself, but when the band council ran out of time, it opted to make changes under the regulations and procedures clause of the Act.
“Because of the consultative process and because it was just taking too long, I guess, it was the decision of the chief and council to utilize the same Act — the Act that was already existing — and simply pass regulations to modernize the Act, or to modernize the procedures,” he says.
Abrametz also says the Federal Court of Canada has rejected an attempt to prevent the election from happening by dismissing an injunction application.
However, he notes there are also avenues of appeal for band members under the band’s Election Act.
At least 60 band members protested the changes outside the band’s head office in La Ronge on Tuesday.