Case management judge appointed

A case management judge has been assigned to oversee the federal court case that sprung from the unprecedented cancellation of the Mohawk Council of Kanesatake (MCK) elections earlier this summer, the latest update in an ongoing saga that has been marred by uncertainty.

On behalf of the MCK, law firm Dionne Schulze initially filed a notice of application seeking clarity from the Federal Court on issues related to the election at the end of August, after chief electoral officer Graeme Drew made an August 1 announcement cancelling the election slated for the next day.

Drew had said the move was necessary due to numerous issues, including irregularities in Kanesatake’s Custom Electoral Code and a number of ineligible candidates making it to the ballot.

Though MCK staff said they would await clarity from Indigenous Services Canada (ISC) about who is currently in charge, ISC failed to take any clear stance, leaving it up to the courtroom to decide what happens next.

All parties must now submit a timeline of their next steps by September 17, and determine availability for a case management hearing. At the hearing, associate judge Sylvie M. Molgat will oversee the proceedings, which could answer unresolved questions about who is currently in charge and when an election could happen.

“I’m glad to get this underway but it shouldn’t have been necessary in the first place,” MCK chief Brant Etienne told The Eastern Door. He said that he has been continuing his duties to “the best of his abilities” since the announcement of the cancelled election, in which he was running for MCK grand chief.

“I guess this is just the course we have to take. It’s unfortunate, but I just hope everything works out.”

Etienne said that it’s imperative that answers be found in court as soon as possible.

“We are concerned obviously to get the election going as fast as possible. Personally I believe that changes to the electoral code have to be made in order to plug the gaps we saw during this election,” he said. “Our main concern isn’t just the election, it’s also the operation of Council.”

Involving the federal court system seems to be the only path out of the uncertainties that have arisen from the debacles of the past few months, Etienne said, though he expressed concern about any potential requests for the community to be put into third party management, a move that had been previously made by Victor Bonspille.

Bonspille had technically been removed as MCK grand chief by the MCK ethics commission in the spring, though he has continued to state that he rejects the ruling, and has continued to claim the title.

“(Third party management) simply delays the function of Council and reduces resources available, I hope people keep that in mind,” Etienne said.

Once the date of the case management hearing is set, there will be more clarity about next steps for the community.

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