election

New petition to dismiss the Gespeg council 

Nelson Sergerie, LJI Journalist

GASPÉ – The Gespeg Elders Circle is launching a new petition, this time demanding the dismissal of the council that was elected in September. 

The elders claim to have received evidence showing that the decision not to mail out an election notice to all members was an administrative decision by its general manager, Connie Jacques, which deprived several members of the Nation of their right to vote. 

“They didn’t follow the most important thing, which is to make sure that everyone in our community has the right to vote,” states spokesperson Linda Jean. 

The council has told the elders that it is not their decision. The Election Review Committee has responded to a request from a candidate for the position of chief. “The Chair of the Election agreed with Gespeg management that the Nation of Gespeg would forward all the documents produced by the Chair of the Election because the Nation’s leaders had all the information on the members’ contact information and were already aware of the functional transmission methods for voters,” said Ms. Jean, reading from a response sent to Mark Sinnett. 

Mr. Sinnett stated that the council must give the mandate to the Chair of the Elections, as governance cannot be involved in the process. 

“The management made the decision not to do mailouts due to costs. That’s what we were told. They were very aware of our custom of sending mailouts to all members so that all members have the information,” said Mr. Sinnett. 

Thus, the decision ultimately rested with the general manager, Connie Jacques. “The basic element that triggered our work is the fact that our members were not informed that there were elections,” added Mr. Sinnett. 

The Department of Indigenous Services Canada was not been approached, as Gespeg is not governed by the Indian Act for elections but by its own membership code. 

“Now, I believe that we can take steps after two public outings (during which their concerns were expressed). We have a lawyer who is guiding us and helping us steer the ship,” said Ms. Jean. 

The petition also mentions the need for the Council to be placed under trusteeship by the Government of Canada because the reading of the financial statements does not demonstrate the reality and shows poor management of the Nation’s funds. 

The group states that the Nation’s cash flow went from $6 million in 2022 to only $2 million in 2024, with a deficit of $917,000 in the last year. 

For the petition to be admissible, 206 signatures are required, or 50% + 1 of the 411 voters who participated in the September election. 

Last fall, the first petition that gathered more than 375 signatures from Gespeg members was rejected. The council responded that the document had to be filed with the President of Elections. 

During discussions at the annual general meeting on November 24, the current council confirmed that it was remaining in office, despite the wishes of the members. According to the council, all the rules of the electoral code were respected and, consequently, their election is legitimate. 

Ms. Jean is confident that this second petition will be successful. “The beauty of our committee is that we are here for our children and grandchildren. We are doing this because there are currently seven people who manage the building at the political level, without having had an adequate election, in our opinion,” says the spokesperson. Contrary to current custom, Gespeg elders are not entitled to the same respect as in other Aboriginal communities. “It’s crystal clear,” concludes Ms. Jean. 

New petition to dismiss the Gespeg council  Read More »

No election, says Gespeg council

Nelson Sergerie, LJI Journalist

GASPÉ – The petition asking the Micmac Nation of Gespeg band council to call a new election has close to 400 signatures. However, the band council refuses to resign, according to one of the petition’s initiators. 

The petition was presented on November 24 at the Gespeg’s annual general assembly. 

“The current council could not accept the petition. They indicated that it should be filed with the president. There was an hour and a half of discussion and now we have to go to the election of the president,” says one of the community elders, Mark Sinnett. 

“The council is taking it personally and our petition does not target any specific individual. We are asking the council to be a little serious and understand that we have 379 members of the community who are asking for a new election,” says Mr. Sinnett, who repeats that the electoral process was not done well. 

“Out of 2,200 members, 1,300 do not have an email address. This proves once again that the community was not informed of the election,” maintains Mr. Sinnett. 

“We will continue. We will not give up. This is a community that speaks,” he added. 

“Unfortunately, there are many flaws in the Electoral Code and it has become a code where the president will have to make decisions that are outside the framework because there is nothing written in the code to follow up. It will be his interpretation that will tell us where we are going with the petition and what happens next,” Mr. Sinnett analyzes. 

If an election were to be called, it would be done under the current code. 

“The real problem is that people were not respectfully informed that there was an election in Gespeg. What is urgent is that we go back to the election and we will see to correcting the Electoral Code,” concludes Mr. Sinnett. 

The petition calls for the electoral process to be restarted due to problems that arose during the election of September 8. 

Given the potential conflict of interest, the council has opted not to make a public statement. 

No election, says Gespeg council Read More »

Gespeg finally has a new chief

Nelson Sergerie, LJI Journalist

of Gespeg has a new chief: Yan Tapp has been appointed after a deadlock following the vote on September 8. 

Initially, Mark Sinnett won with 144 votes to Mr. Tapp’s 143. A third candidate, Céline Cassivi, received 122 votes. After three recounts, it was determained that the two leading candidates tied at 143 votes each. 

The Nation’s Electoral Code stipulates that in the event of a tie, a draw would determine the winner. However, both candidates contested this procedure, arguing that it was undemocratic and would only create divisions. They wanted a new election. 

“The process was complicated and I can’t wait for it to be over so that the community can move forward. Who expected it to be an equal result between Mark and me? It’s been a long time coming,” says Mr. Tapp as the electoral process continues to be contested. 

Despite being elected after his opponent withdrew, Mr. Tapp believes that he has all the legitimacy to lead the Nation. 

“In my opinion, ‘yes’. A lot of people voted and I think I have some support from Mark as well. I’m hoping that the members who voted for him will join me,” he says. 

“With everything I’ve done in my community over the last few years, I’ve worked in a number of departments. It was time to be chief,” says the elected candidate.

“We have to move forward to amend the Electoral Code. The code, when amended during the last mandate, had not been reviewed for a long time. There has always been the aspect of contestation in each mandate. This year, it will have to be reviewed as it should be,” says Mr. Tapp. 

“I have an idea to clarify a lot of things, such as the means of contesting and, when there is a contest, to define the consequences,” says the new chief. 

The principle of a draw, recognized by other levels of government, also needs to be reviewed. “Is it still relevant? From what I understand from a community lawyer, it’s still customary. We’ll have to see if it’s still current,” adds the chief. 

The two tied candidates said that the draw “was a strange process”, but Mr. Sinnett made his choice by not contacting the returning officer to confirm his participation in the draw. Mark Sinnettr has kept a low profile since withdrawing from the process leading to Yan Tapp’s victory. 

Gespeg finally has a new chief Read More »

Gespeg’s September 8 election to be contested

Nelson Sergerie, LJI journalist

GASPÉ: – Two candidates who finished neck and neck in the September 8 election for Chief of the Micmac Nation of Gespeg are contesting the results. 

Initially, Mark Sinnett received 144 votes, Yan Tapp received 143, and Céline Cassivi received 122 votes. 

After three recounts, the result was established at 143 votes for each of the top two candidates. 

As outlined in the Electoral Code, a random draw will determine who will be elected Chief of the Micmac Nation of Gespeg, however, both candidates described that method as nonsense, during an interview on September 18. 

“We don’t want to participate in a draw to become the chief to represent our community. I don’t think that’s being well received, I don’t think it’s credible for our community. We want to unite our community and not divide it,” explains Mark Sinnett. 

According to the two candidates, the members didn’t all receive the pertinent information regarding the election.  “There was a serious failure, and the turnout shows that people weren’t even aware that there was an election in Gespeg,” adds Mr. Sinnett. 

“In all transparency, we discussed the election and the process and, at one point, we decided that enough was enough and that we had to contest the election as a whole. We believe that all members should have been informed at the outset of the election process to have an election that reflects the community,” adds Yan Tapp. 

Distrust had been circulating around the election since June when members of the Nation questioned a proposed amendment to the Electoral Code suggesting that, in addition to the chief, seven of the eight councillors remain in Gaspé. 

Confidence was shaken as several members had questioned a lack of transparency on the part of the Council in the last few months, and maybe even years. 

“We lost our chief about eight or nine months ago. It’s not a lack of intention on the part of the council, but when there is no leader, there are a lot of questions from our members about the leadership of the council at the moment,” explains Mr. Sinnett, referring to Terry Shaw’s resignation for personal and professional reasons in January. 

The Electoral Code provides that, in the event of a dispute, a committee of three individuals must make the decision. 

“We’d like to start over. We know it won’t necessarily unfold the same way. We know there will be a lot of contestation. Yan and I didn’t make this decision lightly. We talked to each other and decided it was the best decision for the community’s future,” continues Mr. Sinnett. 

Mr. Tapp also says it’s “for the good of the community. We are two people who are not there for our personal gain, but for the benefit of the community.” 

The returning officer will need to notify Gespeg’s administrator regarding the next step concerning the election. “We’re going to do what we must do to have a new, complete election,” says Mr. Sinnett. 

Out of the approximately 2,200 members of the Micmac Nation of Gespeg, only about 420 participated in the election. 

SPEC attempted to reach the president of the election but was unsuccessful. 

Gespeg’s September 8 election to be contested Read More »

Avignon-La Mitis-Matane-Matapédia abolition contested – not before 2025

Nelson Sergerie, LJI Journalist

GASPÉ – The judicial review request following the decision to abolish the federal riding of Avignon-La Mitis-Matane-Matapédia will not be heard before the beginning of 2025 according to a report by Droits collectifs Québec following a management conference on July 25.

The judge asked the attorney for Droits collectifs Québec, François Côté, to file his brief on August 16.
“The case is continuing but, unfortunately, for a hearing in the fall, hopes have been dashed out of hand by the length of the legal proceedings,” explains Mr. Côté. The Attorney General of Canada contested Droits collectifs Québec’s right to act, a motion that Justice Alexandra Steele dismissed in July.

Thus, the Attorney General and Elections Canada will have until November 15 to file their complete case to defend the abolition of the riding.

“We must file a request for a hearing by November 29, 2024, at the latest. We have completed our steps and the ball is now in the court of the Attorney General and Elections Canada,” said Mr. Côté.
“I don’t expect to get through (to be heard) before November 29, even with a miracle. I would be surprised if there were dates available between November 29 and December 31. We are heading towards something a little later than I had hoped,” notes the lawyer.

In the event of an early election call, the application for judicial review may not have been heard. Voting is scheduled for October 2025.

“We can only find it unfortunate that the courts did not uphold our request for a stay during the proceedings. If we find ourselves in a situation where we win our case while an election is called, there are questions to be asked about the speed and manner in which the rights of voters will be guaranteed by the Attorney General and Elections Canada. For the moment, we are in a hypothetical situation. We will hope for a resolution in the best-case scenario and everything is going well,” says Mr. Côté.

The application for judicial review is based on an opinion rendered by the Supreme Court of Canada referencing the Provincial Electoral Boundaries in Saskatchewan and the Electoral Boundaries Readjustment Act.

“The basic argument is that of effective representation and effective representation is not just a question of numbers. Regions, communities, geographic areas and regional histories also matter. If we only had a system with one head, one vote, we would have a democracy where the large metropolises have all the political power, which means that the less dense regional entities could not make their voices heard in a democracy,” argues Mr. Côté.

“Our parliamentary system tries to balance the two by having a system based on the right to vote, but which also takes into account the regions, the regional specificities, so that the diversity of everything that makes up a society does not only take into account the simple number of the population, but also its variety,” he maintains.

The adopted map presented in the summer of 2022 provoked an outcry from the entire political community in the Gaspé Peninsula.

Avignon-La Mitis-Matane-Matapédia abolition contested – not before 2025 Read More »

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