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Windsor

Caldwell council's election delay subject to judicial review

The council of an Indigenous band from Windsor-Essex is subject to a judicial review over a change in the band's election date, which it said was needed due to COVID-19.

In a memo sent to membership of Caldwell First Nation, the council confirmed that a judicial review was requested in the Federal Court of Canada. The complainants, identified in the memo as Ian Duckworth, Allan Higson, and the Band Members' Alliance and Advocacy Association of Canada (BMAAAC), objected to the council's decision to delay the band's April 23 election to September 18.

The complainants have called for the election to be held "without delay", but council said the election was postponed due to the health risks and uncertainty surrounding the COVID-19 pandemic.

"The relief sought by Mr. Duckworth and the BMAAAC in their application would, if granted, subject the membership of Caldwell to an inexcusable health risk, and also threatens an open and transparent election process," read the memo.

According to the court filing, obtained by Blackburn News, the BMAAAC said that Caldwell Council did not have the legal authority to change the election date, and called the action an effort to exert additional power.

"The leadership at CFN has purported to exercise a power that they don't have, the power to overrule their election code and extend their terms in office," read the conclusion of the filing. "Duckworth and BMAAAC tried to avoid taking this to court by writing to the CFN Council and requesting that they comply with the election code. They refused to do so..."

The complaint accused the council of making the decision without providing a logical explanation for it, and that it was made in bad faith. The council has also been charged with conflict-of-interest and bias.

The filing requests that the election be held as soon as possible, that the terms of the current Chief and council be declared completed retroactive to January 20, and that any associated costs be reimbursed.

Caldwell Council said in its memo that it will fight the action, but did not provide any further details.

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