Inuit org rejects mediation in election ballot dispute

Justice Beverly Browne of the Alberta Court of Queen’s Bench, who now serves as a deputy judge for the Nunavut court, will rule later on the admissibility of ballots and other documents used in Ottawa for the Qikiqtani Inuit Association’s elections this past December. (FILE PHOTO)

(Clarified March 17, 11:30 p.m.)

Lawyers representing the Qikiqtani Inuit Association and Iqaluit resident Madeleine Redfern didn’t make much headway in court March 13 as they continued to wrangle over what documents the Inuit organization must share with Redfern’s lawyer.

Redfern, who lost the Iqaluit community director election by one vote this past Dec. 8, has applied to the Nunavut Court of Justice to have the election result quashed on the grounds that the QIA prevented eligible voters from casting ballots.

Now, Redfern says she’s frustrated that the QIA and its lawyer have rejected an offer to resolve the dispute through mediation.

“I instructed my lawyers to offer [the] QIA the opportunity to mediate the matter,” Redfern said in an emailed statement March 13.

“[The] QIA rejected my proposal for mediation.”

Mediation would have saved both sides a lot of money, but instead, the QIA seems intent on driving up legal costs, Redfern said.

“It’s an unreasonable and outrageous approach,” Redfern said in her statement.

“I find this heavy-handed and not in keeping with Inuit values, regarding respect, mediation and ultimately reconciliation that is mutually beneficial for all affected.”

When contacted by Nunatsiaq News, the QIA said it could not comment on any aspect of the civil matter while it’s before the court.

And QIA lawyer Sylvie Molgat, on holiday until March 23, could not be reached for comment.

The disagreement focuses on seven boxes of documents QIA produced in response to Redfern’s judicial application, filed Jan. 7.

Molgat argued before Justice Beverly Browne March 9 and again March 13 that only documents relating to the election result that Redfern contests — the Iqaluit community director position — should be turned over to Redfern’s lawyer, Teresa Haykowsky.

That would exclude any documents relating to the two Ottawa polling stations set up by the QIA on Dec. 8.

That’s where eligible Qikiqtani voters could cast ballots for QIA president, but not for community director positions.

“QIA is not seeking to hide anything,” Molgat told Browne March 13.

But Haykowsky said the QIA discriminated against eligible Qikiqtani voters in Ottawa Dec. 8 by not giving them a fair chance to vote for community directors.

Documents relating to the QIA’s organization of the presidential election, including those from Ottawa polling stations, are relevant to the organization’s approach to the community director’s position, Haykowsky argued.

Eligible voters in Ottawa could vote for community director positions on Dec. 8 but only by proxy.

Voting by proxy allows eligible voters to delegate their vote to another eligible voter.

But the election notice issued by the QIA prior to the Dec. 8 election did not state this.

Molgat told Browne on March 13, “that has always been the practice in all QIA elections.”

That explanation does not sit well with Redfern, who told Nunatsiaq News March 16 she believes the QIA violated the voting rights of eligible Qikiqtani voters in Ottawa on Dec. 8.

“I’m a little shocked and appalled when someone justifies a democratic voter violation on the grounds that this is how it’s always been done,” Redfern said.

Redfern said if the community director election result is quashed she would accept having Simon Nattaq, who defeated her by one vote, remain in position until December 2015, QIA’s next election period, when the position could go up for election along with other vacant QIA positions.

“My goal from the beginning is to ensure all eligible Inuit are always provided ballots to vote at official polling stations,” Redfern said.

“I think and hope that [the] QIA shares my goals of protecting, promoting and preserving Inuit beneficiary rights, which includes the right to vote for all our reps.”

Browne ordered Haykowsky to submit written arguments for the documents she seeks from the QIA.

Browne will then issue a decision on which documents the QIA must hand over.

An earlier version of this story reported that Madeleine Redfern said she would not run for community director if her application is successful. She intended to say that she seeks a new community director election for December 2015.