Gwich'in to redo grand chief election, despite election committee finding no violations
The Gwich'in Tribal Council is redoing its election for grand chief, despite a committee determining alleged violations in the recent election to be "unfounded."
The election held on Aug. 19 saw Frederick Blake Jr., also known as Sonny Blake, defeat incumbent Ken Kyikavichik with 604 votes to Kyikavichik's 515, according to preliminary results.
The next day, Kyikavichik filed an appeal, alleging four examples of the election's bylaw and policy being violated.
Those allegations were investigated by the elections committee, which determined them to be unfounded. It recommended the complaint be dismissed.
However, the GTC's board of directors, which has final say, disagreed and found three of the four allegations to have merit.
Arlene Hansen, the chief returning officer who is on the elections committee board, says committee doesn't have any comments on the board's decision. She says the work of her committee is done after making the recommendation.
The election committee is comprised Hansen and the four deputy returning officers from Fort McPherson, Tsiigehtchic, Aklavik and Inuvik.
CBC has also reached out to Blake, Kyikavichik and Gwich'in Tribal Council (GTC) CEO Jamie Koe.
The allegations
The details of the allegations and the findings were posted on the GTC's Facebook page, as well as to its website.
Kyikavichik's allegations include the timing of the Gwichya Gwich'in Council's Supreme Court application against the Gwich'in Tribal Council. The application listed allegations including that the GTC unlawfully suspended funding to the Gwichya Gwich'in Council.
In his complaint, Kyikavichik alleged that the timing of that application on July 12 and social media posts about it were not intended to provide an update but to be "intentionally exaggerated, designed to impair the electorate's view" of him.
The election committee found "no connection" between the court application and a violation of the election bylaw and policy.
Kyikavichik also alleged several people used social media to disparage him.
The election committee found that the posts fell within the scope of allowable campaigning and that, although they were unfavourable toward Kyikavichik, they didn't manipulate "voters in any prohibited sense."
Kyikavichik also alleged signs were placed on houses where the homeowners were not asked and they felt intimidated to take them down.
The election committee found these allegations couldn't be corroborated and the committee couldn't conclude that there had been a violation.
Kyikavichik also alleged Blake had spent more than the $10,000 that is legally allowed in a campaign.
The elections committee found it could not reach that conclusion and would need to see "compelling evidence of spending over $10,000 before recommending a result that would nullify the will of the electorate."
Some receipts weren't received until after the report was completed, which found Blake's spending was still under $10,000. One receipt was still missing at the time the committee issued its recommendation.
Board's reasons for disagreeing
The GTC's board of directors, however, determined three of the four allegations did indeed amount to a violation.
This included the Gwichya Gwich'in Council commencing legal actions against the GTC and issuing news releases about it.
In its decision, the board wrote that some of the people involved in that court application represented Blake.
The board also determined the social media posts were a violation, as one of those posting was a representative of Blake.
Finally, the board determined Blake's spending amounts were a violation as he did not provide receipts in time.
"For the reasons set out above, the board does not accept the elections committee's recommendation that the complaint be dismissed," it wrote.
A summary of the board meeting says both candidates can run again in the next election.
The Gwich'in Tribal Council is scheduled to meet again on Oct. 2 and 3 in Inuvik.
