Another Inuit org candidate challenges Qikiqtani election in court

Mikidjuk Akavak is challenging the legitimacy of the Qikiqtani Inuit Association’s recent election in an application for judicial review filed Jan. 13 at the Nunavut Court of Justice. (FILE PHOTO)

Mikidjuk Akavak, a candidate for president of the Qikiqtani Inuit Association in the organization’s Dec. 8, 2014 elections, has filed an application for judicial review that challenges the legitimacy of a recount held Dec. 14 and challenges the eligibility of two candidates.

“We need to provide fair and transparent provisions within QIA By-Laws/Election Regulations which has the complete confidence of eligible voters/candidates and it is only fair that the Nunavut Courts deliberate on this very serious matter,” Akavak said in a news release issued Jan. 14.

Although he doesn’t name them in the news release, Akavak is likely referring to the eligibility of Pauloosie “PJ” Akeeagok of Iqaluit and Larry Audlaluk of Grise Fiord.

Prior to the election, Akeeagok, who was declared elected following the recount, worked as assistant executive director of the QIA.

Audlaluk, the elected vice president, worked as interim president of the QIA from July 25, 2014 up until the election started.

Akavak alleges that this violates the QIA’s election regulations, which state that “a full time permanent employee of Qikiqtani Inuit Association or its controlled organizations in receipt of a salary” is not eligible to stand as a QIA candidate.

However, the QIA’s human resources manual states that QIA employees may run for office if they take an unpaid leave of absence prior to announcing their candidacy. And Akeeagok and Audlaluk did take leave from the QIA to run for office.

In an email that Akavak shared with Nunatsiaq News last month, QIA lawyer Mike Osland said it’s the QIA’s longstanding policy to “loosely interpret” the election regulation in light of the organization’s human resource manual.

Notwithstanding that interpretation, Akavak alleges in his application that the QIA acted improperly.

“Candidates and voters are entitled to rely on the plain meaning and interpretation of the rules. It was unreasonable and unfair for the Chief Returning Officer to import QIA’s Human Resource Policy Manual into the QIA Election Regulations to change an ineligible candidate into an eligible one,” Akavak said in his news release.

Akavak also alleges that the Dec. 14 recount was not legitimate, because some of the ballots were not delivered to Iqaluit for the recount in sealed or locked ballot boxes, but in envelopes, contrary to QIA bylaws.

Akavak said the QIA announced the first recount result, declaring PJ Akeeagok the winner, before they had counted a missing package of advance poll ballots from Clyde River.

He alleges that the chief returning officer started and then adjourned the recount and that the QIA announced the result before the missing envelope was found.

“Shortly after the missing envelope was found, the recount reconvened with a second announcement of the winner being made by QIA officials, now with a two-vote difference,” Akavak’s news release alleges.

“The election process is as important as the outcome, and if the process is compromised or if the rules are incorrectly interpreted, there is no confidence in the election and results,” he said.

He also said QIA election regulations fall short of standards for other elected bodies that are set out in the territorial Local Authorities Elections Act.

Akavak’s news release said he filed his application for judicial review Jan. 13 and that the matter is set to be heard Feb. 9 at the Nunavut Court of Justice in Iqaluit.

Madeleine Redfern, a candidate for Iqaluit community director, filed her own application Jan. 7.

In that court action, Redfern alleges that by failing to provide them with ballots, the QIA discriminated against eligible Inuit voters who were in Ottawa on election day.

She also alleges that the QIA breached a duty of procedural fairness owed to candidates and eligible voters by failing to adhere to its elections procedures, and failing to meet the legitimate expectations of candidates and voters.

Akeeagok, who was declared winner of the QIA presidency contest by a two-vote margin over Akavak, 756 votes to 754, was to have been sworn into office Jan. 15 at a ceremony in Arctic Bay.

Audlaluk finished third with 657 votes.