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The Metis Association of Alberta faces a court challenge over the results of the Sept.4 election for Zone 1 vice-president in northeast Alberta.
"We're going to see some real action," said Emil Cardinal of is pending court case against the MAA.
Cardinal, who lost by three votes to incumbent Gerald Thom, claims the bylaws and rules of the MAA were breached when ineligible voters were permitted to cast ballots. Cardinal's statement of claim, filed in Court of Queen's Bench Oct.12, states that treaty Indians, non-residents and underaged persons were allowed to vote "resulting in the defeat of Emil Cardinal."
Cardinal also claims 10 to 15 people were permitted to vote more than once. His statement of claim calls for the election to be declared "null and void."
"I'm hoping the court will grant me a re-election or declare me the winner. This incident demonstrates the system has failed me. Who's to say it hasn't failed others as well?"
The statement of claim also asks that Cardinal be granted "damages for loss of remuneration."
Cardinal said he has written statements from some of the ineligible voters who claim "they knew they were ineligible but they were told otherwise and they were also instructed as to how to vote."
MAA president Larry Desmeules said the chief electoral officer - who refused comment to Windspeaker - "has assured me there was no misdoing."
In an Oct. 31 telephone interview Desmeules said "there is no screening system, so if they (voters) say they're Metis and they're not, it's their problem."
At a conference on Native people and the justice system Nov. 2 however. Desmeules said the MAA is conducting a review of its election procedures.
Desmeules said he's "disappointed Emil didn't appeal within the association and instead chose to go straight to court."
But Cardinal sad he did employ the internal appeal process and "my lawyer has the appeal papers to prove it. Desmeules failed to respond, so I took it to court."
Cardinal's lawyer could not be reached for comment.
The case is scheduled to be heard Nov. 12 in Edmonton.
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