Bearspaw First Nation residents could be voting for a new chief and band council after a federal court judge ordered an election.
On June 22, federal court Justice Richard Mosley disbanded the Bearspaw band council and ordered an election for chief and council to be held within 60 days. Bearspaw Nation includes Eden Valley and two members of band council are from the reserve west of Longview.
It’s good news for a group of Eden Valley residents who launched court proceedings in December seeking an election.
“My clients are obviously ecstatic about the results because all they ever really wanted was their right to vote and that has now been achieved,” said Heather Treacy, lawyer for the six people behind the judicial review.
Jeffrey Rath, lawyer for the chief and band council, said Chief David Bearspaw, the band council and band elders will meet to decide how to proceed, as they have the right to appeal the decision.
“We’re still reviewing the decision with our clients and beyond that we don’t have a comment,” he said.
An election was scheduled for December 2010, but was postponed as part of a band council decision changing Bearspaw Nation’s elections regulations. The changes included extending council and chief terms from two to four years and setting requirements for eligibility to run, including a criminal record check, being free of drugs and alcohol and fluency in both English and Stoney.
Stoney Tribal Council must now appoint a chief electoral officer to oversee the election and set an election date.
The judge found it has been band custom since the 1950s to hold elections for chief every two years.
As part of his decision, the judge set aside the band council decision to extend the chief’s term after he found the long-standing band custom is to hold elections for chief every two years. He also set aside the new election regulations.
The judge said all adult members of the Bearspaw Nation have the right to be consulted and to vote on proposed changes to the band’s election regulations. Mosley called a survey of residents, used to change eligibility requirements and extending the terms, “confusing and conflicted.”
It’s unclear yet what impact Mosley’s decision will have on a budget dispute within the Stoney First Nation.
The budget standoff has resulted in a shut down of numerous band programs and services and as many as 450 people being laid off, effective June 27. In Eden Valley, 17 band employees, including employees in day care, public works security and general administration, have been handed temporary lay-off notices.
All aspects of public works have been affected by the budget situation including garbage pick up, day-to-day renovations of homes on the reserve, and daily deliveries of water to some homes in Eden Valley.
The shut down affects band funds and financial resources from Stoney oil and gas activity. The budget dispute does not affect transfers from the federal government or programs funded by federal dollars.
