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

PHOTOS: Ghost sighting in Vernon’s Polson Park

Mom and daughter photoshoot brings joy and laughter to bystanders

Unofficial holidays: Here’s what people are celebrating for the week of Sept. 27 to Oct. 3

World Farm Animals Day, Drink Beer Day and Virus Appreciation Day are all coming up this week

United Way celebrates seven decades of impact in Southern Interior

Organization sees issues with poverty, mental health and addictions, heighten during the pandemic

Vernon thrift shop once again accepting donations

Georgette Thrift Shop revenue funds Vernon Canadian Mental Health Association programming

Okanagan rental housing market facing challenges due to COVID-19

The impact on real estate markets remains a wildcard

B.C. records 98 more COVID-19 cases, most in Lower Mainland

One new senior home outbreak, Surrey Memorial outbreak over

Kelowna man injured during arrest sues RCMP

Supreme Court civil claim alleges Dustin Blondin was the victim of an ‘unprovoked attack’

PHOTOS: 2nd calf in a month confirmed among Southern Resident killer whale pod

Center for Whale Research said they will eagerly await to observe the calf to evaluate its health

Parks Canada not responsible for Mount Kobau blockade

Nearby residents have been vocal about plans to turn the area into a national park

97 distressed horses, cats and dogs seized from farm in Princeton

RCMP assisted as BC SPCA executed search warrant

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

$250K reward offered as investigation continues into Sea to Sky Gondola vandalism

Police also asking for specific footage of Sea to Sky highway around time of incident

Trudeau ‘disappointed’ by RCMP treatment of Sikh officers over mask issue

World Sikh Organization of Canada said taking Sikh officers off the front lines constitutes discrimination

Most Read