Paddle resident files lawsuit to declare referendum illegal

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A Paddle Prairie resident has gone to court to declare the Jan. 18 Paddle Prairie referendum illegal and void, claiming improper procedures preceeded the vote.

Paddle resident Elmer Ghostkeeper has filed the lawsuit in provincial court against Paddle Prairie council as a concerned citizen. The lawsuit will argue that "the general public does not have the authority to direct that the council holds a referendum," said Ghostkeeper's lawyer Richard Marceau.

"An example of that we can't by petition, as Canadian citizens, all get together and by a majority, say to Parliament --'You will enact the following law.' We elect MPs and the MPs make the law," he said.

In addition, a voters' list was also not drawn up and the one used was for last autumn's elections. An interim election policy allowed for six month's residency but a 1966 regulation passed under the Metis Betterments Act asks for one year's residence in the colony before being allowed to vote, he noted.

There was also conflict between Municipal Affairs officials and the councilors on the day of the vote over the ballot, as they argued over the wording of the ballot, delaying the vote until the afternoon.

And that ballot had not been approved by a quorum of any council or government body.

:That is generally the gist of the irregularities," said Marceau.

The referendum is also illegal based on the fact that it "was initiated by two council members without council approval," said Ghostkeeper.

He charged that the Alberta government and the Metis Association of Alberta had interfered with the meeting.

"There was just too many holes in the way it was set up," Ghostkeeper said. "If things were done legally within the law and in a fair manner to the people of Paddle, where everybody really understood what they were voting for, I would have let it go. But in the manner that it was held, I just couldn't let it go on."

The case will be heard in court Feb. 22 at Peace River.

If successful, he said, the lawsuit would free the council of the mandate from the Jan. 18 referendum where 57 per cent of residents voted to keep Paddle Prairie in the Federation of Metis Settlements. 86 of 208 voters wanted the council pulled out of the federation to seek its own settlement with the Alberta government.

Ghostkeeper said a successful lawsuit would mean the settlement can enter a separate negotiations process with the provincial government over a $310 million land agreement signed with the province last year. It would also validate a decision by the council to pull out of the federation last Nov. 14.

"The Nov. 14 council motion to pull out of the federation is still legally binding," declared Ghostkeeper.

"The referendum would only give them the mandate to rescind that motion and to enact a new motion to get back into the federation."

The resolution to hold the referendum was made at a Dec. 28 general meeting in Paddle Prairie between council members, representatives from Municipal Affairs and about 65 Paddle residents. Municipal Affairs called the meeting to determine if the council had the support of the residents.

The lawsuit effectively prevents the Paddle Prairie council from rejoining the federation, according to a council official.

"We're just waiting for legal opinion. That's why the Paddle Prairie council hasn't moved to go back to the federation...in a resolution," said liaison officer Lawrence Cunningham.

On Jan, 24, a notice of a pending lawsuit was faxed to the quorum council consisting of chairman Robert Parenteau and councilors Emma Martineau and Pat Gaucher, noted Cunningham.

The Alberta government will have to recognize the lawsuit, Cunningham added.

"We've heard a rumor of the lawsuit, but have received no word," said Rick MacDonald director of the Metis settlements branch with the provincial government.

He admitted that Municipal Affairs received a notice of the "alleged lawsuit" in a letter from the council, but added, "until we find out more about i, we have no comment."

After an analysis of the settlement, Ghostkeeper decided to file the lawsuit to protect Paddle Prairie's land and financial base. The settlement will give limited self-government and $310 million to the eight Metis settlements over a 17-year period.

"My original assumption was that it was a poor deal for Paddle Prairie," explained Ghostkeeper, a previous president of the Alberta Federation of Metis Settlements (ATMS).

He said that the original funding formula in the settlement was to divide 70 per cent of the settlement payments equally and then dispense the remaining 30 per cent to the settlements based on their populations. Paddle found this insufficient but tolerated it, Ghostkeeper said.

"(This year the funding) would be split eight different ways irregardless of the population or the distance from materials, etc. They didn't take anything into consideration," he said.

This year the AFMS is dividing the first $17 million settlement payment equally between the settlements. Ghostkeeper said this is unfair to Paddle because it is the most northerly settlement with living expenses 12 to 15 per cent higher than the other settlements. He also disagreed over whether the AFMS will have jurisdiction over settlement lands and develop self-government policies that the settlements will have to follow.

"I disagreed (that) the Metis Settlements Land Act would exclude all mines and minerals," pointed out Ghostkeeper.

He indicated this was ironic since the initial litigation was based on the premise that the royalties were produced by minerals and sub-surface resources belonging to the residents of the Metis settlements.

"My analysis of the June referendum was, (the Alberta Metis settlements) basically have consent to the province for the extinguishment of ( their aboriginal rights) to sub-surface resources."