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. (Western News file photo)

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. (Western News file photo)

PIB to host new by-election after successful appeal of 2017 results

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

Penticton Indian Band members voted to hold a new byelection after the Federal Court of Canada supported a byelection appeal.

On Nov. 22, 2017, the band held a byelection to fill vacant seats left by the resignation of five members elected in 2016. Inez Pierre, Windwalker Alec, Ernest Jack, Frederick Kruger and Joan Philip were 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 byelection, according to a release from the band.

In total, 167 ballots were cast at the meeting with 95 in favour of a new byelection. A nomination meeting is set for Dec. 19, 2019.

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 judgement made on July 7, 2019, it noted 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, about one month after the byelection 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

The judgement stated 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 byelection are not known at this time, but following the Federal Court decision the Penticton Indian Band appointed Marcus Hadley as the new electoral officer to 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 requiring a minimum of 15 signatures to move forward to the next step of voting on whether or not to host a new byelection.

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

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

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Steven Brown is running for Penticton city council in the June by-election. (Contributed)
Penticton race director throws hat into city council ring

Steven Brown will run with a focus on small business

Penticton Vees celebrate a goal in their second win to start their season on Saturday night at the SOEC. (Brennan Phillips - Western News)
Penticton Vees head into final weekend tied for first in league

The Vees have two games to take the top spot

Kelsey Johnson, the City of Penticton’s manager for parks and recreation, was recognized by the Canadian Parks and Recreation Association as an emerging leader for her work. (Submitted)
National recognition for Penticton’s head of parks & rec

Kelsey Johnson was deemed an emerging leader by the Canadian Parks and Recreation Association

Coronavirus 3D illustration. (CDC photo)
Two Summerland businesses closed due to COVID-19

The businesses are listed on the Interior Health website

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

Edmonton Oilers’ Connor McDavid (97) celebrates his 100th point this season with Leon Draisaitl (29) against the Vancouver Canucks during second period NHL action in Edmonton on Saturday, May 8, 2021.THE CANADIAN PRESS/Jason Franson
Edmonton superstar McDavid hits 100-point mark as Oilers edge Canucks 4-3

NHL scoring leader needs just 53 games to reach century mark

City of Vernon Coun. Dalvir Nahal proposed two blocks of Main Street be closed to bolster recovery for downtown businesses amid the COVID-19 pandemic. (Caitlin Clow - Vernon Morning Star)
Vernon’s ‘support local’ Main Street closure would cost city $24K, staff say

Bylaw costs, loss of parking revenue and equipment logistics behind price tag

Five properties have been added to the Lake Country fire protection zone, after council moved to expand the local service area Tuesday, May 4, 2021. (Google Maps)
Lake Country expands fire protection zone, covering 5 exposed properties

The properties petitioned to join the local service area after being left out ‘for reasons unknown’

VSAR’s Air Rescue One unit assisted in a rescue in West Kelowna May 3, 2021. (VSAR screenshot)
VIDEO: VSAR’s Air Rescue One team assists in West Kelowna Rescue

The Vernon Search and Rescue helicopter team pulled off a successful rescue Monday

Peachland resident and cleanup volunteer Lloyd Stinson Sotas holds up a discarded TV riddled with bullet holes. (Aaron Hemens/Capital News)
PHOTOS: Peachland residents clean up community watershed

More than 70 people gave back to Mother Earth by assisting with the cleanup

Officials are surveying the streets of Vernon to get a better sense of the issue of homelessness in the city, as part of the province’s point-in-time homeless count for 2021. (Brendan Shykora - Morning Star)
Province conducts homeless count in Vernon

It’s the first time Vernon has been included in the provincial homeless count

A map showing where the most number of cases were recorded from April 23 to 29. This map, revealing a breakdown of infections by neighborhood, was pulled from a data package leaked to the Vancouver Sun last week (and independently verified).
36 Abbotsford schools flagged for COVID-19 exposures in the last 2 weeks, shattering record

Clearbrook Elementary recorded an ‘exposure’ on all 11 school days

Most Read