Former Sioux Valley Chief Challenges Election Results in Court

The former chief of the Sioux Valley Dakota Nation, Vince Tacan, has initiated legal proceedings to contest the results of last month’s election for chief and council. Tacan’s challenge, filed on November 27, 2023, in the Court of King’s Bench in Winnipeg, seeks to invalidate the election of Jennifer Bone as chief, alongside five councillors. The court is expected to hear motions related to the case early in the new year.

Tacan’s legal representation includes Winnipeg lawyer Jamie Kagan, who confirmed that a hearing is scheduled for January 5, 2024. Kagan expressed hopes that the court would declare the election null and void, with a proposal for a new election under consideration. Tacan’s challenge comes in the wake of a contentious election held on November 14 and 15, where Bone emerged victorious with a margin of 371 votes to Tacan’s 212 votes.

The election process was marked by significant disruptions, including an RCMP response and a change in election officers after ballots had been collected. Controversy arose when a group of community elders dismissed the original election officer, Burke Ratte, and appointed a new officer to oversee the counting of the votes. Ratte has contested this action, asserting that the elders lacked the authority to replace him.

In an official statement released on November 21, the Sioux Valley Dakota Nation maintained that the change in election officer was executed in accordance with its constitution. The statement claimed that Ratte had breached his contract, which led to his dismissal. Additionally, it noted that Tacan faced pending criminal charges, rendering him ineligible to hold office under Sioux Valley’s governing laws.

Ratte has voiced concerns about the legality of his removal. “We get an unsigned letter that’s not even dated,” he stated. “Allegedly, elders fired me, but under the Sioux Valley election law, there’s no authority to do that.” He has also submitted a report to Indigenous Services Canada, asserting that the election process was compromised. However, a spokesperson for the department clarified that it cannot intervene in the elections or leadership selection processes of the Sioux Valley Dakota Nation.

Bone, the newly elected chief, emphasized the legitimacy of the election process, stating, “Our nation has its own laws, governance structures and election processes, and those processes were followed.” The court case presents a complex challenge to the self-governing status of the Sioux Valley Dakota Nation, and Bone hopes the judicial review will affirm the nation’s jurisdiction.

The ongoing legal battle involves multiple plaintiffs, including Tacan, Jon Bell, Anthony Tacan, and Carol Johnson. They are contesting the election results against Bone and her council members, Randall Wasicuna, Melissa Hotain, Bill McKay, and Darryl Hapa. As the case unfolds, the new council under Bone is tasked with managing Sioux Valley’s governmental affairs.

This situation highlights significant issues surrounding governance and electoral integrity within the community, raising questions about the adherence to both internal laws and the rule of law. The outcome of the court proceedings could have lasting implications for the Sioux Valley Dakota Nation and its electoral processes.