Injunction puts Abegweit First Nation election on hold

Members of P.E.I.'sAbegweit First Nation will not be voting as planned for a new chief and two councillorson April 17because of a Federal Court injunction,according to court documents.

Abegweit follows a custom election code determined by the community. That code outlineshow voting takes place, who can vote and who can run for elected office.

Off-reserve band members are not allowed to vote in Abegweit band elections, according to the code.

Because of that rule, five band members asked for theinjunction to prevent the next election from taking place as scheduled ajudicial review will now have to happenfirst.

Two plebiscites, same outcome

Since 2009, Abegweit band councils and some community members have been trying to change the custom rulesfirst establishedin 1982.

There have been twoplebiscites on the issue. For any change to happen, under the band's custom codethere must be75 per cent support.

The first plebisciteheld in 2009did not result in change.

In aplebiscite on March 25, 2019, in which both off- and on-reserve members voted,62 per cent supported allowing off-reserve members to vote. That also meant no change.

Judge toweigh custom rules against Charter

In 2016, the band council requested a judicial review by the Federal Court, believing that not allowing off-reserve members the vote isunconstitutional. But the Federal Court refused to weigh in on the matter at that time. Itrecommended waiting for the 2019 vote.

A Federal Court hearing is now set for May 9, whichshould determine if the custom rules would survivea Charter challenge.

The Abegweit election will not be held until there is a decision.

In the meantime, the AbegweitFirst Nation is without a chief. Theposition has been vacant since October 2018 when former chief Brian Francis was named to the Senate.

Court documents list Abegweit'scurrent population at 274 members, with 131 living on-reserve and 143 living off-reserve.

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