The politically heated 2024 Gwich’in Election of a Grand Chief will now simmer in the courts, after presumptive winner Frederick Blake Jr. was granted a judicial review this week of the Gwich’in Tribal Council’s decision to toss the results of the August 19th visit to the polls by beneficiaries.
Incumbent Grand Chief Ken Kyikavichik, immediately filed a complaint of election, after his 515 votes was bested by Blake’s 604 votes.
Frederick (Sonny) Blake during his time as MLA for the Mackenzie Delta. (Image courtesy of Assembly livestream)
On Wednesday, Blake obtained an emergency hearing in NWT Supreme Court after the board of directors of the Gwich’in Tribal Council (GTC) ignored its own elections committee and returning officer, who ruled Kyikavichik’s allegations were largely unfounded, or lacking supporting evidence.
Kyikavichik said he will have to step aside from all duties until the review is complete and the GTC will appoint an acting Grand Chief.
“Although disappointing, I do respect the decision by the court,” Kyikavichik posted to social media yesterday evening.
“Everything will see its way through — I just ask that proper process be implemented and followed to ensure the voting rights of our participants is upheld in the selection of the Grand Chief position.”
This week, a petition was launched and a Facebook page called Governance Network was set up to explain by-laws and policies that govern the Gwich’in Tribal Council and the Designated Gwich’in Organizations in each community.
Rose Villeneuve is behind the effort, noting last night that work will be paused pending the judicial review.
“The Gwich’in Tribal Council election was recently held where a new leader was elected,” reads a post from Villeneuve, who indicates she is an Indigenous Governance student and GNWT employee.
“However, the democratic process of the election is in peril where the democratic right to vote and the outcome, a majority of Gwich’in Participants elected a new leader may be overturned by the current Board of Directors.
NWT Housing Minister Lucy Kuptana and Grand Chief Ken Kyikavichik shake hands after signing a collaborative agreement on housing this year. (Photo courtesy Gwich’in Tribal Council)
“I ask that everyone be respectful when communicating with each other and ask questions. More importantly, start asking questions of your elected (officials).”
Blake’s lawyers also slammed the post-election upset of the results.
“Mr. Kyikavichik’s appeal and current actions appear, at best, to be an attempt of an unsuccessful candidate to ignore the democratic rights of the Gwich’in people, and unilaterally ignore the outcome of the Grand Chief election,” wrote Jonathon Westcott in an August 23rd letter to Chief Returning Officer Arlene Hansen, threatening then to seek a judicial review.
“New elections are rarely an appropriate remedy, especially with the margin of success enjoyed by Mr. Blake. Any such action would be highly prejudicial and only serve as a determent to all of members whom Mr. Blake has sworn a pledge to faithfully serve. Frivolous complaints from a losing candidate should not serve as the basis for such an activity as overturning such a clear election result and mandate with protractive litigation can only negatively impact the Gwich’in people.”
GTC’s chief executive officer Jamie Koe called a series of post-election emergency meetings of the Board of Directors, the final being on August 30th, in Inuvik.
In attendance was Nihtat President Kelly McLeod (also vice chair), Ehdiitat President Michael Greenland, Director Chris Smith (Nihtat), Director Danny Greenland (Ehdiitat), Interim Director Anna-May Niditchie (Gwichya) and Interim Director John Norbert (Gwichya).
The board “determined there were election violations,” of the GTC by-laws and a violation of the GTC Executive Policy and Procedures Manual and it “approved a call for a new Executive Election for Grand Chief to be held at the at the earliest opportunity.”
It continued: “Although violations were determined to occur by the board of directors, there has not been any sanctions applied, meaning both candidates can run if they so choose.”
Kyikavichik alleged the following violations by Blake or his team:
- The timing and allegations in an application by the Gwichya Gwich’in Council against the GTC in the NWT Supreme Court on an earlier financial matter.
- Social media posts made by supporters of Blake during the election
- Bullying and intimidation of the electorate with the posting of exterior signage.
- Breach of the $10,000 campaign expense limit.
The Election Committee produced a 57-page document, which concluded:
“The decision rendered by Gwich’in voters on election day is not a decision that is subject to appeal,” read the decision.
“The democratic choice of the electorate should not be disturbed unless there is evidence of election violations that are sufficiently serious to disqualify a candidate or require a re-election. Mr. Kyikavichik may be dissatisfied with the outcome of the election, and there may be changes or improvements to be made in the election law concerning election expenses.
“Those are matters that need not be resolved in this report. The recommendation of the Elections Committee is that the complaint be dismissed.”
The next regular GTC Board of Directors meeting is scheduled for October 2nd to 3rd in Inuvik.
The matter is next before that Supreme Court on October 30th.
One of several public letters of congratulations Grand Chief-elect Blake received after the election results were made known on August 19th. He was to have been sworn in at the Gwich’in Tribal Council’s 2024 AGM in Aklavik.
