Red Pheasant Cree Nation leadership considering appeal after federal judge annuls 2020 band election

Red Pheasant Cree Nation's chief and council say they're considering an appeal after band members took the nation's 2020 election results to federal court and won. 

The case in question named almost all of Red Pheasant's chief and council, the band's administration, and members of the chief and council's family. 

Mary Linda Whitford and Alicia Moosomin alleged those involved bought votes, forged mail-in ballot requests and voter declaration forms, forged mail-in ballots and deceived the community's electoral officer by using the forged documents. 

They also alleged community members were able to vote both in-person and by mail-in ballot, despite being limited to one vote in the election.

Judge Henry S. Brown determined the elections of Chief Clinton Wuttonee and Coun. Gary Nicotine were to be annulled due to vote buying and related activities, which Brown said corrupted Red Pheasant's elections in 2020. 

Based on the balance of probabilities, the judge found Couns. Lux Benson, Jason Chakita, Mandy Cuthand, Henry Gardipy, Samuel Wuttunee and Shawn Wuttunee engaged in "serious electoral fraud, though on a lesser scale." 

Their elections "might be" annulled, but Brown did not do so — and dismissed Whitford's and Moosomin's case against them.

The decision said that, based on the balance of probabilities, supporters of Couns. Leroy Nicotine Jr. and Shelley Wuttunee engaged in "multiple instances of serious electoral fraud," though the First Nations Election Act gave no legal remedy.

The First Nations Elections Act outlines a process that First Nations and Indigenous communities can opt into to elect Band Council members. Red Pheasant Cree Nation's council voted to opt in on Nov. 5, 2015, and were formally recognized by the federal government on Jan. 4, 2016.

A spokesperson for the Cree Nation said no further comment would be provided about the decision unless an update about an appeal was provided from the community.

According to court documents, votes were purchased from a variety of Red Pheasant people on and off-reserve. 

In some instances people were paid to apply for a mail-in ballot, and then again when their blank ballots arrived. The ballot would be fraudulently filled in and signed before being submitted to the electoral officer.

In some cases, the court found, payments were made under the guise of "Band Member Assistance," money supposed to be reserved to help band members in various financial situations.

Though the band has a formal process to record payments made to band members in need of financial assistance, Brown found the supporting documentation was often missing in the alleged cases of vote buying he reviewed.