The resiliency of First Nations politicians found to have been involved in corrupt election practices is explained in part by spineless decisions of officials tasked with keeping elections honest. That weak oversight is tainted further by the Indian Act, which gives the minister of Indian Affairs arbitrary power to decide the fates of politicians who cheat to win.
Two recent examples illustrate the problem. In 2007, then Peguis chief Louis Stevenson was found by a federal court judge to have engaged in practices that smelled of corruption. As voting day approached in 2005, he would sit in his vehicle at the community hall and take requests from voters for new appliances and furniture. When Stevenson's unsuccessful opponent complained, an investigation ordered by Indian Affairs found "special-needs assistance" to members was promised, although distribution of 14 semitrailers worth of household goods stopped when the chief discovered a complaint was lodged. Oddly, the investigator advised the department not to order a new election because the allegation of corruption could not be proven. An appeal to the federal court, however, found the evidence implied at least the appearance of corruption.
Had a finding of corruption derailed Stevenson's reign, the Indian Affairs minister could have asked his cabinet colleagues to set aside the election. If Stevenson's conduct had resulted in a criminal conviction, the minister could have disqualified the former chief from running again for six years. As it is, neither of those arbitrary decisions was made and Stevenson is running again for chief -- his 26 years of office cut short in 2007 when Glenn Hudson, the complainant, won.
A similar story is playing out on the Little Saskatchewan First Nation, where the chief and council were ousted from office late last year after Indian Affairs found that individuals did engage in corruption and tainted the election in 2007. The department refused to disclose what the conduct was, but allegations included vote-buying. Without a criminal conviction and with no edict from the minister, Chief Hector Shorting has returned to fight another day.
It is understandable that investigations of such serious allegations take time to work through to appeal and final decision. The short duration of a band government's term nullifies the obvious recourse -- a new election -- one among many good reasons why two-year terms should be at least twice as long. It is bewildering that evidence of corruption at Peguis and Little Saskatchewan was not immediately referred to RCMP for investigation.
First Nations in Canada have been captive to anachronistic, inefficient and arbitrary rule through the Indian Act for too long, but attempts at legislative reforms have been opposed. First Nations would be better served by an independent elections authority, similar to provincial agents, to conduct elections and investigate complaints. In the meantime, Indian Affairs Minister Chuck Strahl should tell regional directors investigating allegations of wrongdoing that where evidence points to corruption, it must be referred to police.