New Brunswick RCMP will not be laying any charges in connection with the alleged vote-buying scandal in Esgenoopetitj First Nation, N.B.
RCMP spokesman Cpl. Guy Paul Larocque told RadioGoogoo.ca the police force concluded its investigation in March 2011 without laying any changes due to a “lack of sufficient evidence.”
“The test to be able to determine whether or not charges are going to be supported, there’s a very high burden of proof that needs to be there,” Cpl. Larocque said in a phone interview on Friday.
“And in our case, … we didn’t have that after the investigation was done,” he said.
Cpl. Larocque wouldn’t comment on what type of evidence the police force examined before reaching that conclusion.
On Sept. 18, the federal Department of Aboriginal Affairs (formerly Indian Affairs) removed the chief and three councillors from office at the Esgenoopetitj First Nation following its investigation into corrupt practices in the May 25, 2010 band election.
Former chief Wilbur Dedam, his wife Irene Dedam and councillor Ronald Joseph Somerville were also banned from running for office for a period of two years. Band councillor Jason Barnaby was banned from running for office for four years.
Aboriginal Affairs’ investigation report was circulated to candidates for comment in March 2011. The report, obtained by RadioGoogoo.ca, contained sworn statements from two off-reserve band members who claim they each received $260 from the former chief, his wife and Barnaby in exchange for votes.
A video of one councillor filling out a ballot for an elderly woman and then giving her cash was uploaded to the video-sharing website, YouTube. A transcript of what was discussed in the video was attached to the department’s investigation report.
“What more do they need?” – Bartibogue
“I really don’t understand why (the RCMP) came up with that decision because the video speaks for itself,” Curtis Bartibogue said when reached by phone on Saturday.
“A blind person could probably understand that (what) they’ve done wasn’t right. It was illegal,” he said.
Bartibogue, who unsuccessfully ran against Wilbur Dedam for the chief’s position, appealed the May 2010 election. He included the video and sworn statements as part of his evidence that alleged vote-buying had occurred.
“I think the people that submitted their statements to the investigators were telling the truth,” Bartibogue said. “What more do they (the RCMP) need?”
“I think if the RCMP are looking for a signed confession from the chief, they’re not going to get it,” Bartiboque added.
Pam Palmater, head of the Centre for Indigenous Governance at Ryerson University in Toronto, said the problems in Esgenoopetitj First Nation are happening because the federal Department of Aboriginal Affairs continues to control the governance process across the country.
“There has to be a way to give the power back to the people. Right now, all of the power is at (Aboriginal Affairs),” Palmater said when reached via Skype in Switzerland on Saturday.
“I think that is part of the problem because it allows (Aboriginal Affairs) to ignore harmful behaviour when it serves (Aboriginal Affairs) interests,” she said.
Palmater, who is from the Eel River Bar First Nation in northern New Brunswick, said the only way First Nations communities will be able to effectively deal with corruption in band elections is to take full control of the process.
“A lot of capacity building has to happen in our communities so knowing what this whole process is all about, knowing what kind of ins and outs, what’s considered criminal activity and what isn’t,” Palmater explained.
“So long as (Aboriginal Affairs) is in control … it’s really hard to actually realize the people being back in control of what the process is and making those leaders accountable to the people again,” she said.
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