Feds watch from sideline
Bureaucrats declining request for help from 118 members; B.C. Chiefs push byelection
The federal government has no intention of wading into a political dispute that has plunged the Penticton Indian Band into a contentious byelection. Matters came to a head Oct. 11 when a nomination meeting was conducted under protest to begin the process of filling five seats on council that were emptied by resignations.
That same day, a letter was sent to Indigenous and Northern Affairs Canada on behalf of 118 band members urging federal bureaucrats to order a whole new election.
But the appeal to toss Chief Chad Eneas and three councillors out of office was unsuccessful.
“INAC does not have the authority to order a new election as the Penticton Indian Band’s council leadership is determined through a custom election system rather than by the election rules contained in the Indian Act,” spokeswoman Valerie Hache said in a statement.
“When a First Nation’s custom election process is outside the electoral provisions of the Indian Act, the department has no role in how the community’s leadership is selected, or how governance disputes are resolved.”
Hache said INAC “will continue to monitor the situation to ensure that the delivery of essential programs and services to band members is not jeopardized as a result of the governance dispute,” and has offered “funding support for mediation, facilitation or community engagement, should the parties deem this to be helpful.”
Grand Chief Stewart Phillip said he believes it’s the appropriate course of action.
Phillip served on PIB council for 24 years, including 14 as chief, and is now president of the Union of B.C. Indian Chiefs.
“It’s been the practice of INAC to stay out of internal disputes,” he said. “It’s the prudent measure to undertake, otherwise they would be involved in 630-odd disputes across this country on a continuous basis.”
He said he believes filling the vacant seats on council through the byelection is the only way to move forward.
“It was the entire electorate that elected the existing council, and the wishes of the entire electorate must be respected over a handful of people,” said Phillip. “We have to rise above these petty differences and this attitude of sour grapes with respect to the last election.”
The grand chief also noted those still serving on council made a “solemn commitment” to serve their community for the duration of their four-year term, “so I admire Chef Chad Eneas and members of council who are still fulfilling their duties.”
Eneas, who didn’t respond to a request for comment Sunday, was elected last October, while eight councillors were picked last November.
The community is divided into two camps, both of which claim various versions of the band’s custom election code, past practices and legal opinions prove they’re right.
One side is calling for a fresh election to replace chief and council because they do not constitute a quorum and do not enjoy the confidence of the community, while the other believes council still has a mandate.