Power struggle continues in Kanesatake

Representatives of 2021’s electoral officer, Annie Neashish, visited the community on Sunday to discuss the possibility of taking over administration of the cancelled election, according to multiple sources, following a letter from Indigenous Services Canada (ISC) that seemed to endorse the initiative.

“In the last days, ISC was informed of the community’s intention to initiate steps to hold a new general election as soon as possible,” reads an August 15 letter from Nathalie Turgeon, ISC’s acting regional director general for Quebec, that has been obtained by The Eastern Door. “ISC acknowledges the importance of this initiative and encourages the community to move forward in accordance with its customary governance practices.”

However, while the letter conveys that ISC provides grants to First Nations for local administration costs like elections, it provided no clarity on how these funds could be accessed without a sitting Council, which has been identified as a key question.

“Her letter, it’s quite vague,” said Gordon Oke, who has signed a resolution as a community elder to seek Neashish’s participation as electoral officer, and who attended Sunday’s meeting.

“Yes, it does sound promising, but there is no real meat to it all, stating yes, ISC does fund the elections through a certain process, but they didn’t say they would be doing it.”

Meanwhile, ISC has proven steadfast in its unwillingness to affirm the authority of the incumbent Council chiefs, even after they met an August 13 deadline set by the government to provide a band council resolution (BCR) attesting to their continued leadership.

“It is important to note that any disputes arising from a customary electoral process must be resolved in accordance with the community’s custom, including any custom electoral code, or by the courts,” reads Turgeon’s August 15 letter.

“It feels like a betrayal,” said incumbent chief Serge Otsi Simon. “That’s what ISC has been doing for years, keeping us on dancing from one foot to the next.”

The incumbent Council chiefs are taking steps to seek the intervention of Federal Court, according to Simon, arguing there can be no lapse of leadership.

“We have to settle this question, like, right now. Are we or are we not the sitting government temporarily?” said Simon.

He characterized the community group’s efforts to hire an electoral officer as inappropriate and driven by politics and special interests, noting the involvement of grand chief candidate Victor Bonspille, who was removed from that position by the MCK Ethics Commission earlier this year, and prominent members of the cannabis industry. (Simon acknowledges that his family operates two cannabis stores.)

Bonspille did not reply to a request for an interview from The Eastern Door.

Typically, Council is the only body empowered by the electoral code to call an election. However, section 2.1 of the code ascribes to final authority or “participating majority of adult members” in “all matters pertaining to Kanehsata’kehró:non and their territory.” But Simon argues the relatively small group that has taken it upon themselves to pass resolutions under this authority is operating contrary to the Supreme Court’s decision that affirms the voting rights of off-territory members.

But ISC has said it has nothing to do with sorting out governance disagreements in Kanesatake and will simply follow the community’s direction, even as the department refuses to specify what that means or whom ISC would deem qualified to deliver the news of who’s in charge.

“They have a hands-off policy when it comes to Kanesatake,” Simon said. “What’s happening right now, this free-for-all, that’s the Crown’s will. It’s by their will that this is happening, not by ours.”

The Eastern Door has been told that as many as 80 people are involved with the effort to strike an agreement with a new electoral officer, which began with a sparsely attended assembly outside the band office the day the election was supposed to be held, August 2, at a meeting hastily called by Bonspille.

That’s where one Kanehsata’kehró:non, Karyn Wahsontiiostha Murray, volunteered to reach out to three electoral officers, only one of whom reportedly responded with interest - Neashish.

“This community needs an election,” said Oke, adding that he believes the community’s voice has been silenced by the cancellation.

“Everybody was waiting for an election and to move forward and put another council in place. My concern is, as long as we have an election, let the people voice their wishes as to who they want to govern this community. Whoever that may be, I’ll be okay with. I’ll accept the results,” he said.

However, that requires funding.

“ISC never gets involved in internal affairs,” he said. “At some point in the game, they have to realize the situation that this community is in. They do have a certain duty.”

The incumbent Council’s term ended July 31, the day before the August 2 election was cancelled at the 11th hour by chief electoral officer Graeme Drew. He cited irregularities, including his belief that several candidates were ineligible, leading him to conclude the election had been irrevocably compromised.

Earlier that day, an article in The Eastern Door had revealed three candidates were suspected of having criminal records, which would have rendered them ineligible.

Drew told The Eastern Door  following the cancellation that he believed the incumbent Council was entitled to continue as a de facto government. He proposed the incumbent Council oversee the ratification of a revised Custom Electoral Code and then call a new election, but this suggestion has showed few signs of traction in the weeks since.

The Custom Electoral Code outlines a path to a six-month mandate extension in emergencies, to be sought at a special public meeting, but one has not been held to date.

Simon said the incumbent Council chiefs still intend to hold one - albeit online, which Oke said he does not accept as legitimate - but that they need access to Council tools to ensure the community is duly informed.

“Under this explosive situation, not many members are going to want to attend, and we’re going to give a chance to all our members on the list, but we need access to our emails,” said Simon.

As the code presumes there is a Council in place, it is unclear whether a mandate extension can be enacted following the end of a term.

Mohawk Council of Kanesatake (MCK) managerial staff announced on August 5 they would work independently until advised otherwise by ISC. That announcement came the day after the band office was breached by a group of angry community members, including Bonspille, in an episode that echoed the chaining of the band office in fall 2023.

They had been incensed that incumbent chief Brant Etienne had returned to work, and ultimately Etienne and the community members were asked to leave.

ISC has said it is satisfied that services are still being provided, its only concern in the matter, according to a statement provided to The Eastern Door, even as incumbent Council chiefs say that only elected officials can sign certain agreements necessary for services.

“To date, there have been no breaches of the funding agreement, and programs and services continue to be provided to members of the community of Kanesatake,” said ISC spokesperson Jacinthe Goulet, ruling out third-party management for the time being.

“The department is actively working with administrative staff, independent of the political sphere, to ensure that the community has the necessary resources to maintain the programs and services stipulated in its funding agreement, including the facilitation of elections.”

Neashish did not reply to an inquiry from The Eastern Door this week to clarify her position on efforts to recruit her as a replacement chief electoral officer.

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Marcus Bankuti, Local Journalism Initiative Reporter