After being expelled from the Kanesatake band council following the annulment of the results of a by-election he had won, Mohawk chief Serge Otsi Simon can rejoin the organization. The Federal Court has just suspended this annulment.
In March, Chief Serge Otsi Simon began legal proceedings against the Kanesatake Band Council. The latter had annulled the results of a by-election he had won in January. This victory allowed Mr. Simon – who was grand chief from 2011 to 2021 – to once again obtain a seat on the band council as chief, a role equivalent to that of councillor.
However, a few weeks after the election, one of the defeated candidates, Shirley Bonspille—sister of the current grand chief, Victor Bonspille—challenged the election results with the Appeals Committee. She alleged that the event had not been properly publicized to members of the community. In the days that followed, the Appeal Committee canceled the results.
It is this decision that Judge Elizabeth Walker, of the Federal Court, suspended: “The results of the by-election remain valid and Mr. Simon resumes his position as leader and member of the [conseil de bande] with the same rights and privileges attaching thereto […] no more no less. »
The decision took into account, writes the judge, “the interests of the greater Mohawk community” as well as the importance of ensuring respect for the code which governs the elections in order to preserve confidence in the process linked to the ballot. The cancellation of the by-election “was procedurally unfair,” she said.
This suspension of the cancellation of the results, temporary for the moment, could become permanent within the framework of another decision. Serge Otsi Simon has already started legal proceedings to this end.
Infighting in Kanesatake
This legal clash comes amid rising tensions in Kanesatake over the past year. An internal struggle between two factions, which openly clash within the Mohawk band council, is currently paralyzing the functioning of the organization, as reported The duty in April.
On the one hand, Grand Chief Victor Bonspille and his twin sister — Chief Valerie Bonspille — denounce a revolt on the part of the four other chiefs sitting on the council, who strongly oppose several of their decisions. The latter explain their opposition by the fact that the decisions taken are not for the good of the community.
In the legal proceedings, Mr. Simon also maintained that the cancellation of the election would have been “guided by a political program […] acting in collusion with and for the purpose of furthering the interests [de ses] political opponents, including Grand Chief Victor Bonspille, and his sisters, Chief Valerie Bonspille and Respondent Shirley Bonspille”.
Contacted by The duty, Serge Otsi Simon says he is happy with the turn of events. “But it’s not just for me that I’m happy. It’s not only getting me back on the board, it’s also allowing the voices that were silenced by a handful of people who canceled the election to be heard. »
According to him, “this decision is important because it will prevent other attempts to annul” electoral results.