Interference didn’t change Peguis election result, rules judge

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A federal judge has ruled the results of a Manitoba First Nation’s election are valid despite evidence of “direct” interference when voters went to the polls in 2023.

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Federal Justice Ann Marie McDonald ruled last Thursday she would not negate the results of the April 6, 2023 election for chief and council held in the Peguis First Nation, an election that saw current Peguis Chief Stan Bird beat incumbent Glenn Hudson by 440 votes in the community with more than 12,000 members.

After losing the election, Hudson launched an appeal asking that the results be thrown out and a new election called claiming that Bird and supporters of Bird had interfered with operations at an advance poll in the community on March, 28, 2023, actions he argued contravened the federal First Nations Elections Act.

Hudson’s legal team argued that Bird and Band Councillor Kelvin Wilson were present at the advance poll when supporters of Bird began threatening workers with OneFeather Mobile Technologies, the company hired to serve as election officer in Peguis, and that their actions led to the cancellation of more than 100 votes.

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“The allegations are that OneFeather employees were threatened and intimidated by a group from Peguis First Nation over the custody of the ballot box,” McDonald wrote in her decision.

“In the end, OneFeather was prevented from maintaining custody of the ballot box that held the votes cast at the advance poll on March 28, 2023.”

The judge said the incident led to the cancellation of 178 votes in the 2023 election in Peguis, and she called it an example of “direct interference” with an election officer, but said the incident is not enough of a reason to call for a new election.

“I am satisfied that the events at the advance poll constituted direct interference with the duties of the Electoral Officer OneFeather,” McDonald wrote. “However, the evidence does not support a finding that those events impacted the ability of community members to vote on Election Day on April 6, 2023.

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“There is no evidence that the 178 voters who voted in the advance poll did not have sufficient notice and opportunity to recast their vote on April 6. As well, there is no evidence that anyone at Peguis First Nation was denied the ability to vote as the result of the cancellation of the advance polling stations.”

Despite not overturning the election results, McDonald strongly criticized both Bird and Wilson in her ruling for their roles in the March 28 incident.

“The conduct of Mr. Wilson and Mr. Bird on March 28 was disruptive, misguided, and ill-conceived; but I am not satisfied on the balance of probabilities that there is evidence of fraud or corruption,” McDonald stated. “That is not to say that the court condones their conduct — it was serious — and it was close to the line.

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“The remedy of overturning the election results risks disenfranchising all members of Peguis First Nation.”

Bird, Wilson and Hudson weren’t available for comment on Tuesday.

Peguis First Nation chief and council posted a statement on their website after the decision was delivered.

“While the judge acknowledged an irregularity at the advance poll under the First Nations Elections Act, it was determined this did not affect the ability of community members to vote on election day,” the statement reads. “We are hopeful that this ruling will help us move forward together in unity, as we continue to work towards improving the quality of life for all members of the community.”

— Dave Baxter is a Local Journalism Initiative reporter who works out of the Winnipeg Sun. The Local Journalism Initiative is funded by the Government of Canada.

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