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Possible recount in Mount Currie election

Candidate Nadine Pascal, who lost by one vote, alleges corruption

The newly elected Mount Currie band council is trying to stay on course despite allegations this week of a corrupt election and an appeal to recount the ballots.

Council candidate Nadine Pascal, who lost the 12 th and final seat on council by just one vote in the March 7 election, has filed a formal notice of appeal to the federal department of Indian and Northern Affairs Canada (INAC).

The appeal for a recount, which highlights what she says is a "corrupt election process," has had a widespread impact on the small First Nations community.

All 45 candidates for council were notified of the appeal earlier this month. They have 14 days to respond to INAC about it.

"The corruption allegations are inaccurate," said the band's senior administrator Daniel Sailland this week. "However, it's up to this process to verify that. And they will."

When contacted by Pique Newsmagazine , Pascal said she had been asked not to speak to the media. She referred all questions back to Sailland.

Pascal lost the election by one vote, receiving 179 votes to Patricia Willliams's 180 votes.

In her sworn affadavit to INAC Pascal wrote:

"There were discrepancies with the election process and the ballot count which resulted in corrupt practice and my candidacy losing the election by one vote."

Among other things, Pascal said the eligible voters' list did not have updated mailing information for members living off reserve. Of the 1,301 eligible voters, 450 live off reserve. Only 62 band members voted from off reserve and at least 250 did not receive ballots to vote because the band office did not have updated mailing information.

Pascal's appeal also said the ballot sheet was confusing.

Like all First Nations communities, band elections in Mount Currie are governed by the Indian Act Election Regulations. Those regulations are different from other Canadian election rules. Elections BC, for example, requires an automatic recount when the margin is fewer than 100 votes. That's why the votes were recounted in the close race between Liberal candidate Wally Oppal who won by two votes against independent Vicki Huntington in the May 12 provincial election. The recount this week showed Oppal losing by 32 votes.

That automatic recount is not the case in close First Nations' elections.

"There are no provisions for recount (under the Indian Act Election Regulations)," said Electoral Officer Fred Schiffner. "Absolutely none."

Schiffner was in charge of the elections at Mount Currie on March 7. He is the owner and principal of Schiffner Consultants, a company which provides election services to First Nations communities, doing things like providing polling booths, ballot boxes, ballot counting and results posting.

He said the writing was on the wall for this situation to arise in the Mount Currie election.

There were 45 candidates running for 12 council spots - a ratio which increases the odds of a close race and raises the potential for a tie or a loss of small margins.

"Before we even started the election I knew with that many candidates it was going to split the vote bad enough that somebody was going to lose by one or two votes," Schiffner said.

"Quite frankly, if I lost an election by one vote, I'd appeal it too."

Of the three recounts in elections that he has overseen this year, Schiffner said the appeals were all rejected.

"I have confidence the count was correct."

He admits, however, that mistakes happen and there is always room for human error.

"Anything is possible," he said. "We're all human."

While the large slate of candidates has the potential to split votes, Sailland also said it's a sign of the times.

"To some degree it's nice," he said. "It's a period of real change. You get a lot of people looking for ways to take part in that change."

This appeal, however, has had ramifications in the community.

"What's unfortunate in this is it has targeted an individual or a group of individuals," said Sailland.

Though the spectre of a recount hangs in the air, council is trying to stay focused on the task at hand.

"Council has just started," said Sailland. "They're getting on with business as usual.

"Whatever happens, happens. We have two very short years to get a lot of work done."

The Mount Currie band has been working on developing its own custom election code, as is its right under the Indian Act. Sailland said work on that code began a few years ago. It is a timely and contentious process.

He said: "You never get 100 per cent of the people behind the concept."

Meanwhile, the appeal is now in INAC's hands.

"We're awaiting responses (from the candidates)," said INAC spokesperson Margot Geduld. "That may take us to at least the end of the month."

Based on those responses, INAC will then decide on the next course of action.

Geduld said there are approximately 125 First Nations elections every year and roughly one third have appeals associated with them.