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

WATCH: Vernon kids take homemade Zamboni for spin at Canucks game

Video of Asher and Kyler on their backyard rink went viral early last week

Curling Club comedy “Right on the button” for Vernon

Western Canada Theatre production throws humour into the mix of immigration

Missing Vernon man possibly sighted in Lower Mainland

Information leads family, friends to believe Jay Rosenberger near Lower Mainland Saturday

Museum digs up history for ’60s Vernon Winter Carnival

Get Groovin’ with the Grandkids or flashback to the ’60s with tunes, trivia and costumes

City of Enderby apologizes for cemetery damages

‘Very disrespectful’: Headstones at Enderby cemetery damaged by excavation crew

WATCH: Cougar caught on doorbell cam in Vernon

Glenn Gorham shares footage of late-night visit from wild cat

Caregiver, society charged in death of developmentally disabled B.C. woman

The victim was not given the ‘necessities of life,’ police said

B.C. councillor runs afoul of Coastal GasLink protester

Northern pipeline not a Maple Ridge issue, insists Coun. Gordy Robson

B.C. reports first coronavirus in Vancouver region

First patient visited Wuhan, China, reported symptoms

Victoria resident says WestJet employee uttered racist comment, refused to let her on plane

Customer claims she was told ‘You guys can’t handle your alcohol’ by WestJet employee

Air Canada cancels select flights to China as coronavirus spreads

Canada’s largest airline runs 33 flights a week to China

Canadians seek way out of Wuhan as coronavirus continues to spread

The Chinese government has cut off access to Wuhan and 16 other cities

House fire quickly knocked down in South Kelowna

According to Kelowna Fire Department, the house sustained interior damage during the blaze

Most Read