Federal Court hears arguments in challenge of Peguis First Nation's 2023 election

Lawyers for former Peguis First Nation chief Glenn Hudson and current Chief Stan Bird appeared before a federal court judge in Winnipeg on Thursday to make arguments in a judicial review of the band's 2023 election.

Hudson wants the Federal Court of Canada to set aside the results of that election, which he lost to Bird by 440 votes.

During a special sitting of the Federal Court, Hudson lawyer, Jason Harvey, said Bird and his supporters, including Peguis Coun. Kelvin Wilson, disrupted a March 20, 2023, public meeting in Peguis regarding the band's finances and thus prevented Hudson from portraying those finances in a positive light.

Harvey also told the court dozens of Bird's supporters prevented a box of advance ballots from leaving a polling station at Peguis Community Hall on March 28, 2023, so it could be transported to Winnipeg and kept secure until the ballots were counted.

Harvey told the court this led to the nullification of 178 ballots cast in the Peguis advance poll, as well as the cancellation of two subsequent advance polls slated for Selkirk and Winnipeg. These events also led an election subcontractor to resign out of concern for the safety of its staff, he said.

Harvey argued the fact that only 178 advance ballots were nullified while Hudson lost to Bird by 440 votes should not factor into Justice Ann Marie McDonald's decision whether or not to annul the election because, the lawyer claimed, other Hudson supporters may have been intimidated into not voting at all.

"This was an attack on the entire electoral process. It's really impossible to know the effect this had on the entire election," Harvey told the court.

John Gailus, the lawyer representing Bird, said his client did not disrupt the public meeting on March 20 and merely made a speech at the advance polling station on March 28 after polls were closed.

Bird also played no role in preventing the ballot box from leaving that location, Gailus told the court.

"The applicants focus on Chief Bird and Coun. Wilson, claiming that they were ringleaders of an insurrection or guilty by association, and we see the evidence doesn't bear that out," Gailus said.

Gailus also said there's no evidence anyone who cast a ballot at that advance poll was unable to cast a ballot on election day.

Justice McDonald questioned that conclusion.

"When you have conduct like that at a site where people are casting votes, surely that has an impact on their next opportunity to cast a vote," the judge said.

Gailus said what happened at the advance polling station was "unfortunate" but said the election should not be overturned, especially 15 months after the fact.

"Notwithstanding what happened on March 28th, upholding the election sends a positive message to the community regarding the validity of the election and their leadership," Gailus said.

"Doesn't it also send a message that you can conduct yourself in the way that they did on March 28 and essentially get away with it?" Justice McDonald asked in response.

McDonald reserved her decision but suggested Peguis First Nation won't have to wait very long for it.

"I appreciate this is an important issue to the community, so I will do what I can to get a decision issued to them as soon as possible," she said,

In addition to asking McDonald to annul the election, Harvey requested that Wilson and Bird be prevented from running for office again for five years.

Hudson said following the hearing that he was happy to have his day in court.

"It's important to have integrity. It's important to have a system that works where people have their say in an open environment," he said.

Bird did not attend the meeting. A total of 16 people watched the proceedings in the Federal Court gallery. Others were able to watch remotely via a live video feed.