Political struggle gets ugly in Manitoba

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Chief Dennis Pashe was arrested by Winnipeg City Police on Feb. 20 and charged in connection with a domestic dispute.

It's the latest development in a battle that has torn apart a small First Nation community located an hour's drive west of Winnipeg, as two factions battle over who should lead.

Pashe has ruled the Dakota Tipi First Nation for 23 years. There have been no elections during that time because Pashe claims he is a hereditary chief. But his family members dispute that claim.

"He's just self-appointed. I mean, my dad is still alive," Marjorie Prince, the chief's sister said. "My dad is the real hereditary chief. My father doesn't approve. He said, 'If there's a hereditary chief, then I'm the hereditary chief.' He doesn't want to be chief. He wants to have an election and so do the rest of the Elders."

She said her father is 75 years old and still healthy. She also has another brother who is older than Dennis.

Prince and Diana Traverse, the chief's ex-common law wife, are leading the fight to depose Pashe. They claim they have been appointed to be the interim council by the Elders of the community.

Traverse told Windspeaker her community wants elections and a chance to have a say in band governance. She said the community doesn't have a tradition of hereditary chiefs.

The Dakota Tipi chief has been accused of a variety of civil and criminal offenses by members of the community. He, in turn, has obtained court injunctions banning a number of community members from the band office.

Jay Probert, a Winnipeg lawyer, represents Dennis Pashe.

"I act for the chief in relation to some charges in relation to his ex-wife, allegations of assault and breaches of recognizance or undertaking, that sort of thing. They're set for hearing. I really couldn't discuss those," he said.

But he would comment on the zero tolerance policy embraced by police regarding domestic assaults since two Metis women were murdered in Winnipeg, despite calling 911 five times to report that a man was menacing them.

"If you're sitting at home with your wife and one of you threatens the other. There was just one we were discussing today where one of them threw a dishtowel at the other one. If you call 911, even if you hang up before you make your complaint-if you phone, they answer, and you hang up, they attend and there's charges laid. There's no discretion."

He said that means-in theory, he was not discussing any particular case-that people in conflict can use that policy to punish each other.

"There's legitimate cases, obviously, but there's also cases where unscrupulous people-whether it's a woman or a man-use the system to gain some measure of revenge, especially if you're fighting about the children in a custody battle, that sort of thing. They can make up any kind of allegations," the lawyer said.

The chief's ex-wife has filed a number of charges against Pashe.

"We're going to court May 5 for domestic abuse charges," she told Windspeaker.

Marjorie Prince said the chief will be facing other charges. She alleges that he threatened two young girls-her daughter and her niece, both 15.

Portage la Prairie RCMP Corporal Martin Grainger confirmed that charges were laid by the girls.

"They made the complaint. We did the investigation and I believe a charge was laid, yes," he said.

Non-band members Michael Joseph Flett, Clayton Flett, Dave Flett and Norman Lagidimodiere were hired by the chief as security officers. They are also facing criminal charges and Probert is representing them as well.

"That's also before the courts," he said, declining to comment on the charges. "They were hired as security officers and there was a band resolution to that effect."

"They're accused of an assault with a weapon," Grainger said.

"We tried to kick them off the reserve and I've been vocal about it in the media and that. I've lost my job," said Prince. "Now we're faced with the court injunction that we're all on but we're still going on with he petitions and the election. So now, where we are right now is, Ottawa's telling us that we have to March 30 to come to an agreement. I'm the interim chief. I was picked out Dec. 3 by the Elders and the community members. I'm on a court injunction. I can't get into the band office. Since July, we've been on a court injunction and we're fighting that right now. Our lawyer is David Newman. He's the former [provincial] minister of Indian Affairs."

Newman was away from his office and not available for comment.

Probert said a political matter has turned nasty.

"They're trying everything they can. They're in a major political fight with the chief," he said. "There's a major political dispute, they're in court on the civil side, I know there are some criminal charges, obviously, against some of the individuals. Any time they have the opportunity to lay a criminal charge or make a criminal complaint they try to use the police to discredit the other side. There's no question about it."

Grainger agrees.

"There's a big family feud going on here and Marj is one of the 'dissidents' according to Dennis," he said. "So there's been charges laid, trials are coming up and until we get the results in court, we don't know what's going to be happening out there."

Prince said Indian Affairs is "not much use at all" in helping solve this dispute.

Grainger said the federal officials are in a tough spot and don't know who to believe with all the accusations being made in this dispute. He believes the police and the courts will sort it all out and the government can act.

"We deal with each incident as it happens. I know we've had meetings out there with the Department of Indian Affairs on other issues and I know that Marjorie Prince and her group have gone to Indian Affairs, so that is in the political realm and we deal with the criminal aspects," the RCMP officer said. "We deal with allegations and until it's gone to court and there's been a conviction, that's all it is is an alegation. I don't think Indian Affairs can take any action until you get a conviction."

The Dakota Ojibway Police Service (DOPS) was invited to replace the RCMP on the reserve shortly after the chief clashed with the Mounties. Prince has been critical of DOPS for not investigating complaints she has made against the chief.

"We were doing our investigations and as a result of the investigations charges were laid against Chief Pashe. After we had conducted our investigations and charges were laid then Chief Pashe went ahead and made arrangements to get DOPS," Grainger said.

"Chief Pashe decided to go with the Dakota Ojibway Police Service. We turned investigations over to them. They had asked us to do some work in our area and we complied with their requests. We get complaints that they're not doing anything. We refer those complaints to . . . we tell them to either phone the chief of the Dakota Ojibway Police Service or to phone the Law Enforcement Review agency for the province of Manitoba."

After the March 30 deadline expires, Prince hopes Indian Affairs will be able to offer some help as a mediator. She doesn't believe she can work things out with her brother by then. But she remains resolved to change the way her community is governed.

"We are going to have the election," she said.