The Federal Court denied notice of the two citizens ’application for by-election to be called to Pessamit.
Last July, a notice of request for an injunction was sent to the Federal Court for three elected members of the Pessamit Band Council to leave their positions and for elections to be summoned to fill their positions.
The three elected officials targeted by this request are Gérald Hervieux, Jean-Noël Riverin and Marielle Vachon.
The two plaintiffs were members of the Pessamit community, John Rock and Christelle Rock.
In this petition, the plaintiffs argued that according to Article 3.9 of the Electoral Code of Betsiamites, a position of chief or councilor should be vacated if he is found guilty of corruption, dishonesty, misconduct, he did not comply with the policy of local community government. or placed himself in a conflict of interest.
The Pessamit Band Council is also targeted by the motion. Plaintiffs challenge Pessamit’s refusal to call a by-election.
Lack of information in the evidence
The Federal Court decided on May 17 to dismiss the motion, due to a lack of application documentation. We read in the decision given by Judge Martine St-Louis that: the plaintiffs could not bear their burden of proof. Thus [….] the application for judicial review will be dismissed.
” The Court is here instead faced with a situation where it does not know whether the file submitted to the Court is complete. “
The lack of information was related to a response from the Pessamit Band Council, following a formal notice sent by the applicants in June 2021. This formal notice requested the calling of elections, the Federal Court judge explained in a court document.
In addition, according to the court document, during the hearing on April 22, the plaintiffs also made a decision to withdraw from contesting the 2018 and 2020 elections of Gérald Hervieux, Jean-Noël Riverin and Marielle Vachon for the positions. of counselors. The plaintiffs ’challenge was therefore the Pessamit Band Council’s refusal to call by-elections.
” During the hearing, I discussed with the parties the impact of the lack of information about the decision made by the Council, including the lack of the decision itself. “
The Court does not know the exact content of the decision given or the reasons therefor, and does not know whether a written decision, minutes, or reasons in one form or another exist or do not exist.written by Martine St-Louis in her judgment.
The merits of the request therefore cannot be judged before the courts, it is rather the form that is the subject of this denial.
In addition, elections are scheduled for next August in Pessamit. These elections have no connection with the notice of injunction application sent to the Federal Court and are part of the standard electoral procedure of the Innu community.
The attorney representing the plaintiffs declined to comment on the case. The attorney representing the three councilors did not respond to our request for an interview. The lawyer representing the Pessamit Band Council said he could not comment at this time.
It is not known at this time whether the plaintiffs will continue their legal proceedings in this case.
Source: Radio-Canada
