The now former Bearspaw First Nation Chief and Council were recently challenged in court by unhappy band members when a scheduled election was cancelled and the Chief and Council extended their own terms of office by two years.

The Chief and his Council said a survey showed the community’s support for the change, however, Heather Treacy, FMC’s partner who successfully represented the applicants before the Federal Court, said the survey failed to demonstrate consensus. “The results of the survey, in our view, did not support the extension.”

Furthermore, no government in Canada would be allowed to lengthen its time in office and cancel a scheduled election. “That would be akin to the government conducting a poll and then extending its own mandate,” said Heather. “The Bearspaw Nation has had two-year terms since 1955.”

Federal Court Justice Richard Mosley agreed with the applicants and stated the election cancellation was illegal, thereby ordering that an election be held within 60 days. The appeal to the courts for a stay of the Federal Court’s decision was denied.

“Our clients were always concerned there had never been proper notification or participation in the membership in the decision made by Chief and Council to extend their term in office.”

On August 9, 2011, 80 percent of Bearspaw’s 800 eligible voters casted their ballot in a new election.

For more information, please read the following articles:

Enrique Massot’s Cochrane Eagle article, Council and elders right to cancel election: lawyer (April 19, 2011);

Jamie Komarnicki, Calgary Herald article, Judge Orders removal of Bearspaw Chief and Council from office (June 23, 2011).