Kawcatoose 2010 Re-Election

On May 18, 2010 an Election for 1 Chief and 8 Councillors was held at the Kawacatoose First Nation, Saskatchewan Canada.

1) In order to run as a candidate for either Chief or Headperson you have to sign an Acceptance of Candidate form attesting to certain conditions; which are cited on page 9 of the election act,
a) Section 47
b) Section 48
c) Section 49
d) Subsection c and e) of the election act:
i) Noting that they have to immediately resign any employment or contractual arrangements, which may place them in a conflict of interest.

This section is reinforced by the Kawacatoose and the Asiniw-kisik Education personnel policy, and the Kawacatoose Band Personal Policy. Citing that any employee has to take a leave of absence from their employment following their respected nomination, without pay and if the employee has earned accumulated vacation credits or other earned credits the employee may elect to utilize such credits in respect to the leave.

Specifically there were 3 employees that were nominated in the 2010 Election; they however did not take a leave of absence during this time. On April 15, 2010 there was a Band Council Meeting where a motion was made to re-instate the employee’s effective throughout the duration of the election process. All staff was re-instated as “on leave with pay”, with the exception of Wesley Machiskinic who continued working for the Kawacatoose Band as the Membership Clerk. The staffs are:
A. Sternley Kay
B. Delvern Poorman
C. Wesley Machiskinic.

2) According to section 60 of the election act, the poll was not opened from 9:00 a.m. to 8:00p.m. Due to complications of the locks and the ballot boxes, the poll was opened about 10 – 15 minutes late. There were several people at the polls who witnessed and can attest to this.

3) On the counting of the ballots:
a) Section 80 a
b) Accordingly you reject ballots only if i) – IV), which ii) indicates that they electors did not give a clear indication of their intention. Ballots were rejected with check marks, even though they had clear indication of who they voted for. They were rejected on the basis of them not being an “X”. Accordingly there is nothing in the election act itself that makes reference to an “X” other than on the form.