Penticton Indian Band Chief Chad Eneas (left) and Minister of Indigenous Services Seamus O’Regan talk with young dancer Summer Testawich at the 2019 Between the Lakes Pow Wow. The band members met on Dec. 12 and voted to hold a new by-election after the results of the 2017 one that appointed five new council members was successfully appealed. (Mark Brett - Western News)

Penticton Indian Band to host new by-election after successful appeal of 2017 results

On Dec. 13, the membership voted to host a new by-election

The members of the Penticton Indian Band have voted to appeal the results of the 2017 by-election that saw the appointment of five new council members.

On Nov. 22, 2017, the band hosted a by-election to fill the vacant seats, with Inez Pierre, Windwalker Alec, Ernest Jack, Frederick Kruger and Joan Philip being elected. Alec has since stepped down from his council seat.

The membership met for a closed meeting at the band’s community hall on Dec. 12 to cast anonymous ballots either in favour or against hosting a new by-election, according to a release from the band.

This comes after a recent Federal Court of Canada decision ruled that the band must consider a previously rejected appeal by member Jacqueline McPherson.

In the court judgement that was made on July 7, 2019, it explains that McPherson mailed her notice of appeal with supporting materials to the electoral officer at the time, Julia Buck, at the band’s administration office and her place of employment at Westbank First Nation on Dec. 20, 2017 – approximately one month after the election was held.

A copy of the notice was also hand delivered the following day to the administration office, but not all of the materials were properly forwarded by email to Buck that same day.

READ MORE: Mom concerned about multiple biting incidents at PIB daycare

In the judgement, it is stated that Buck told McPherson she would not be considering her appeal at that time as it was not forwarded to her registered mail address as the band’s electoral office, but “on cross-examination, Buck admitted that there was no way for an elector to learn of the existence of the UPS box address other than by personally asking her to provide this information.”

The reasons for McPherson’s appeal of the 2017 by-election are not known at this time, but following the Federal Court decision the Penticton Indian Band appointed Marcus Hadley as the new electoral officer who would oversee the appeal process.

In November, Hadley issued a release to the membership that as the first step in the appeal process, he provided the council members with a copy of McPherson’s appeal and they were required to vote on whether or not they consider the by-election valid.

READ MORE: PIB Council stands behind charged members and their right to hunt

The council was unable to agree, so the appeal process continued to the next step which was providing a non-confidence motion form to voters that required a minimum of 15 signatures to move forward to the next step of voting on whether or not to host a new by-election.

Hadley subsequently received the completed non-confidence form so the meeting to vote on hosting a new by-election was called for Dec. 13.

In total, 167 ballots were cast at the meeting with 95 in favour of a new by-election being held.

A nomination meeting has now been called for Dec. 19, 2019.

To report a typo, email: editor@pentictonwesternnews.com.

Jordyn Thomson | Reporter
JordynThomson 
Send Jordyn Thomson an email.
Like the Western News on Facebook.
Follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Emergency services respond to numerous incidents in Revelstoke

Today there were multiple semi truck crashes on Highway 1 and a collision by the hospital

StokeFM raises over $10,000 to keep broadcasting

‘Radio ain’t cheap, and times are strange’

Okanagan real estate market stable; bracing for slowdown due to COVID-19

Real estate board projects slowdown as the economic impacts of the pandemic continue to develop

How Revelstoke handled the Spanish flu

The illness forced schools, churches and theatres to close

Updated: Semi crash closes Highway 1 near Revelstoke

The road is now open to single alternating traffic

VIDEO: ‘Used gloves and masks go in the garbage,’ says irked B.C. mayor

Health officials have said single-use gloves won’t do much to curb the spread of COVID-19

COVID-19: Central Okanagan fire departments only responding to serious medical calls

The new directive from Dr. Bonnie Henry does not change the public safety response of firefighters

Okanagan business produces plexiglass barriers with a cause

Mouldings and More is donating barrier proceeds to local food banks

53 new COVID-19 cases in B.C., four new deaths

B.C. has 498 active confirmed cases of the novel coronavirus

Organizers hoping to hold Summerland Fall Fair

COVID-19 pandemic may result in changes to agricultural celebration

Bighorn sheep wander through the Okanagan

Local wildlife sighting refreshing amid COVID-19 pandemic

Weather dumps belated April Fool’s joke on Okanagan

Snow surprised many Friday, April 3

City of Kelowna Bylaw to issue warnings to those not following public health orders

Bylaw can issue formal warnings and will contact Interior Health when ongoing non-compliance is occurring

Don’t stop going to the doctor, just do it virtually: B.C. association

Doctors encourage patients to access telephone, online visits

Most Read