Initial winner of Tsiigehtchic election calls for investigation into election process

The initial winner of the contested election inTsiigehtchic, N.W.T., is calling for a federal and territorial investigation into how theappealed election was handled calling the process"rigged."

On June 18, candidate Russell Andre won bya single vote for the role of chief for the Gwichya Gwich'in Band. He was running against incumbent Chief PhillipBlake.

After a mandatory recount confirmed the tally, Blake appealed the results on the grounds that proper election procedure wasn't followed.

According to electoral policy, non-resident voters must be notified of the election date and how to vote 49 days before the election.

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Why did they agree to allow that election to go forward when it wasn't done properly?- Russell Andre, candidate for chief of GwichyaGwichin' Band

In an earlier interview, senior administrative officer Larry Dalley said ballots were sent out only two weeks before the vote.

Andre said, as chief, Blakewasresponsible for making sure elections are run properly. He said he doesn't understand why Blake agreed to the election ifit wasn't to procedure.

NowAndre is calling for an investigation by the territory's Department ofMunicipal and Community Affairs (MACA) and the federal Department of Indigenous Services Canadainto how theelection was handled.

Andre claimsthe chief went forward with the election in June, despite knowing the rule on mailed ballots wasn't being enforced.

"To me, it seems like it's beenrigged," said Andre. "Why did they agree to allow that election to go forward when it wasn't done properly?

"Why is he appealing after he lost, saying the election code wasn't followed?"

Andre holds both the chief and the senior administrative officerresponsible for the alleged infraction of the ballot policy.

According to Indigenous self-governance expert Stephanie Irlbacher-Fox, the person responsible for ensuring pre-election procedure is followedshould at least theoretically be independent from the chief. She could not speak to this case.

CBCwas unable to obtain comment from Blake.

Spectre of 2015 allegations

Andre's allegations come after 2015 allegations against Blake mishandling the electoral code.

In a statement to the CBCafter that election, Tsiigehtchic resident Anna May MacLeod accusedthe incumbent Blake of using a draft electoral code that had not yet been ratified to prevent an opponent from running. Blake was ultimately acclaimed as chief.

In his initial report, then-electoral officer Graeme Drew saidBlake's wife, Sheila, phoned his office and said that "election officers... have been fired in the past for not doing their job."

Drewrecommended a new election be called, and ultimately stepped aside from his position after council decided to go ahead with the election.

Blake responded to the controversy by saying he would not step down and would not call for a new election.

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'Is this democracy?'

After the 2018 recount, an ad hoc emergency committee was created to determine the outcome of Blake's appeal.Ultimately, the committee decided procedure wasn't upheld and a new election had to be scheduled for later this summer.

According to Andre, two of the members on that emergency committee are employees of the Band Charter, which makes Blake their boss.

SAO Dalley respondedto that allegation by clarifying that, "the chief is also the mayor of the community. Any employees that are employed by the charter are employed by the administration, not the mayor. They report to council, not the mayor."

Andre nevertheless believes that constitutes a conflict of interest and they "shouldn't have been on that committee."

"Is this democracy?" He asked.

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Andre has already requested answers on a number of election-related issues from the SAO, but he said he's been given the runaround.Now, he's looking toMACAand the federal governmentfor answers.

"If the people can see what's going on here, why can't the agencies outside the community see what's going on?" he said.

In an email to CBC,Indigenous Services Canadasaidit "respects Gwichya Gwich'in's custom election code, which has been voted on by community members."

The department did not indicate that it will be investigating the election.

After this story was originally published, a spokesperson for MACAtold the CBCthat the department "doesn't have jurisdiction over this election," and overseeing band elections falls under the federal government's purview.

A new election will be scheduled in Tsiigehtchic sometime in late summer.

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