Affidavit for the Appeal

Of
The Election for Chief and Council
Of
Lac Des Mille Lacs First
Nation On
June 8/2015
I,Kathleen Sawdo of the City of Thunder Bay, Ontario, in the District of Thunder Bay, in the
province of Ontario: MAKE OATH AND SAY THAT:
1.

I am a registered member of Lac Des Mille Lacs First Nation

2.

I am submitting an objection to, and appeal to the elections for the positions of Chief
and Councillors for the Lac Des Mille Lacs First Nation that were held on June 8/2015
in the City of Thunder Bay.

3.

The reasons for my appeal are the following:

a. The Electoral Officer erred in his interpretation of the Band Custom Election
Code and denied eligible voters their inherent right to vote, and violated their
human rights.
b. There is no provision in the Custom Leadership Selection Code of Lac Des Mille
Lacs First Nation that requires a status card to vote, or a valid status card to vote.
The electoral officer is required to confirm that only those on the voting list are
permitted to vote. This can be accomplished by confirming identity through use
of any government issued identification that has a photo and date of birth. The
master voting list the electoral officer used includes a band members name,
registry number, date of birth. It is common practice to confirm identity through
producing any government issued identification.
c. The Electoral Officer advised only a few band members on an individual basis
of his decision that a valid status card was required to vote. When I personally
objected to this requirement, and asked the Electoral Officer if other forms of
identification would be accepted; the Electoral Officer stated that he needed the
valid status card because what if the person trying vote had transferred out of
the band. I then stated to the electoral officer that if a person had transferred
out of the band, then the person would not be on his master voting list that he
received from Aboriginal Affairs. I then asked the Electoral Officer if his master
voting list was current and up to date. The Electoral Officer then clearly and
assertively stated that he was basing his decision on the previous 2012
Electoral Officers notes. The Electoral Officer neglected to mention that in the
2012
Elections, an appeal was submitted on this same issue, and it was the
adjudicator in 2012 that upheld the status card issue. The 2015 Electoral Officer
neglected to

reveal that he was also the Adjudicator for the 2012 Elections. The regular
process for a band member to transfer in or out of the band, requires a BCR
from the Chief and Council. Should a member transfer out, the Chief and Council
would have this information readily available and following proper procedures,
the Chief and Council should and would be able to notify the Electoral Officer of
the change. The rule made by the Electoral Officer limiting acceptable proof of
identity had a direct impact on the outcome of the Election and violated band
members human rights and right to vote.
d. The Electoral Officer was able to issue reasonable notice to all members
regarding a spelling error, that included a second ballot issued, via regular mail.
It is reasonable to expect that the Electoral Officer should have issued notice to
all members via regular mail regarding the non-expired status card new rule and
decision. This non-expired status card requirement, remains generally unknown
to members, as it does not specify anywhere in the custom code that this is/was
a requirement. It did not state anywhere on the ballots, in the Electoral Package,
or in the Voter instructions that a 'valid' status card was required to vote. This
affected the outcome of the elections, as members depended on word of mouth
instruction and second hand information that prevented many from voting. Had
clear instruction be provided in the Electoral package, then more members
would have voted.
e. The Electoral Officer denied band members with expired "Status Cards" the right
to vote in person. Band members that attempted to vote in person with an
expired status card were denied the right to submit a ballot, whether is was
spoiled or not. The Electoral Officer processed mailed and faxed votes with
expired status cards and deemed those votes spoiled, the spoiled mailed in and
faxed in votes were deposited in the ballot boxes and were counted at the close
of the polls on June gth, 2015. Every band member has the right to vote in the
election, whether their status card is expired or not. The Electoral Officer
violated the human rights of Lac Des Mille Lacs First Nation members.
f.

The Electoral Officer issued a notice and a second ballot for councillors via
regular mail to members due to a spelling error. The Electoral Officer violated
the custom code by issuing a portion ofthe Electoral package via regular mail to
band members. This affected the outcome of the Election through the confusion
of issuing a second ballot via regular mail, resulting in some members voting only
for council (because they did not receive a ballot for chief via regular mail as
well.) The Electoral Officer should have issued a letter of notice to members that
explained the spelling error without issuing another ballot.

g. The Electoral Officer appointed a band member as support receiving direction

from the incumbents (current Chief and Council who were also candidates in the
election). This band member performed some duties that a deputy Electoral

Officer would have normally performed, during the June 8, 2015 election day.
The band member was left alone with the ballot boxes and full listing of the
Electoral Officers master voter list, as well as all copies of voter identification.
The Electoral officer did not fulfill his duty to ensure the Election process was
fair, neutral and impartial. During the Electoral Officers absence at any time
during that day, the employee/band member had the opportunity to tamper or
have access to information only the Electoral Officer should have had. I verbally
objected to the Electoral Officer about this. The Electoral Officer responded by
stating he requested help from the current Chief and Council (also candidates in
the election), so that the ballot boxes would not be left alone when he used the
washroom. I expressed to the Electoral Officer that this is in conflict of our code,
and a band member/employee of current Chief and Council should not be doing
the job of a deputy Electoral Officer. The Electoral Officer replied and stated that
he could assure me, nothing was tampered with when he left the polling station.
I replied to the Electoral Officer, that he could not assure anything when he is
not in the room. I further stated that when the Electoral Officer is out of the
room and leaving the band member/employee alone, this person could have
access to anything there and the Electoral Officer had no way of confirming with
out doubt that the band member/employee hadn't done something to affect the
outcome of the election. Further, I explained to the Electoral Officer, that having
a band member/employee present at the polling station could be viewed as a
form of intimidation for the general membership that wished to vote in
person on June st\ 2015.
The Electoral Officer violated the custom code, section 17.d because he did not
remain impartial or neutral during the elections through his decision to contact
Chief and Council (also candidates) to obtain support and by appointing a band
member/employee of Lac Des Mille Lacs First Nation with deputy Electoral
Officer duties.

"Section 17.subsection D. The Electoral Officer is to remain impartial and

neutral in the conduct of the election. The Electoral Officer must not be a
member of Nezaadiikaang/ Lac Des Mille Lacs First Nation, not related to a
member or citizen of the First Nation including through marriage or common
law, and must not have a vested interest in the outcome of the election."
"Section 18.subsection A. Acce pting and recording the name of the voter and the
date the Electoral Forms -Schedules 1 and 2, as they are returned to the
Electoral Officer; and,
Filing and storin g all copies of Schedule 1 received in a secure ballot box to be
maintained by the Electoral Officer ;"
Through the appointment of a known band member to assume some of the
duties of the Electoral Officer "the ballot box to be maintained by the Electoral
Officer", while the Electoral Officer left the designated polling station, the

electoral officer is in violation of the Custom Leadership Selection Code of Lac

Des Mille Lacs First Nation. The appointment of a known band member and
employee of incumbents running in the election by the Electoral Officer
demonstrates a lack of neutrality and impartiality in the conduct of the Election.
h. The Chief, Judy Maunula; Councillor Irma Churchill and Councillor Carmel Zoccole
violated section 15 of the custom code by using First Nation assets for the
purpose of campaigning. The Chief Judy Maunula, Councillor Irma Churchill,
Councillor Carmel Zoccole used First Nations assets through use of their titles
and influence as Chief and Council of Lac Des Mille Lacs First Nation to arrange
for status card issuing for select members of their choosing during the election
process. According to the statement submitted by a member of Lac Des Mille
Lacs First Nation, the issuing of status cards was kept secret from the general
membership, and was performed on May 30t\ 2015 in a hotel room at the
Valhalla Inn, in Thunder Bay Ontario. See - Affidavit from Registered Band
member.
According to the statement of a registered band member, the Chief, Judy
Maunula; Councillor Irma Churchill and Councillor Carmel Zoccole took part in
corrupt or fraudulent practice in relation to the election, through abusing their
influence, power and authority as Chief and Council to arrange status card
issuing secretly in a hotel room, and by keeping that secret from the general
membership. No notice of status card issuing was sent out to all members, and
no reasonable attempt to notify all membership of this opportunity was made.
According to the statement of the registered band member, Councillors Irma
Churchill and Carmel Zoccole were physically present along with other band
members during the secret issuing of status cards at the hotel room, and Chief
Judy Maunula communicated to the councillors via text message and cell
phone. This directly affected the outcome of the Election, given the known
number of members who have expired status cards, or were in need of a status
card.
Further, Chief Judy Maunula; Councillor Irma Churchill and Councillor Carmel
Zoccole participated in corrupt practice that influenced and intimidated
members into voting for them personally, according to the statement submitted
by a registered band member. The Chief Judy Manuala, Councillors Irma
Churchill and Carmel Zoccole also participated in corrupt practices by abusing
the First Nations relationship with Bimose Tribal Council, and by potentially
damaging the reputation and credibility of Lac Des Mille Lacs First Nation by
having the Status Card Issuing Officer, from Bimose Tribal Council issue cards,
in
secret, and knowingly issue the cards with the incorrect issue date (falsify a form
of government identification), from a hotel room in Thunder Bay.
This is direct violation of the custom code, and is also a direct violation ofthe
Oaths of Office Chief and Council that is part of the custom code. It is also
in violation of the Oaths they were sworn to when elected in 2012.

"That Iwill be faithful and bear true allegiance to the ancestors,the citizens
and all future generations of the Nezaadikkang/Lac Des Mille Lacs First Nation,
and Iwill uphold Nezaadiikaang/Lac Des Mille Lacs First Nation laws, and act
in accordance with Nezaadiikaang/Lac Des Mille Lacs First Nation duly passed
resolutions, policies, mission statements, culture,language and spirituality;
and,That Iwill carry out the powers entrusted to me and perform the duties of
my office diligently, faithfully and to the best of my skill and knowledge. Iwill at
all times provide good,effective and responsible leadership to the
Nezaadiikaang/Lac Des Mille Lacs First Nation in all circumstances in which I
am called upon to represent the Nezaadiikaang/Lac Des Mille Lacs First Nation;
and, that I will at all times endeavor to advance the best interest of the
Nezaadiikaang/Lac Des Mille Lacs First Nation; and, that I will keep confidential
all matters entrusted to me in confidence. I will not disclose any matter that
comes to my knowledge as a result of my office. I will not use any such
knowledge for my personal advantage or gain, and Iwill not allow my private
interests to improperly influence my conduct in office; and, That to the best
of my knowledge, I am not disqualified in any way from holding the office of
Chief/Councillor, and Ihave not by myself or any other person, knowingly
employed any bribery, corruption or intimidation to gain election to the office
of Chief/Councillor. So help me, 0 Great Spirit/God."
4.

Based on the submitted violations of the Custom Leadership Selection Code of Lac
Des Mille Lacs First Nation, and the attached statements and evidence, it is requested
a new election be called immediately and that a Chief Judy Maunula, Councillor Irma
Churchill and Councillor Carmel Zoccole not be allowed to run in the new election, due
to the pending investigations being conducted by Aboriginal Affairs, the OPP and the
RCMP.
I swear that all of the above be true, to the best of my knowledge, for the purposes of
appealing the 2015 Elections of Lac Des Mille Lacs First Nation.

Kathleen Anne Sawdo

June 17, 2015

Affidavit

. .June 15, 2015

On May 30th, 2015, I was picked up by my mother, Eva Peters. We had previous plans to travel to
Wabigoon, ON on June 1st, 2015 to obtain a valid status card for me. When she picked me up, after
phoning me and informing me she was outside my apartment, she told me we were heading to the
. Valhalla Innto obtain a status card for me there. A copy of the old style card, as there is an 8 month
... back log and I wouldn't have a valid copy of my status card to vote' for the upcoming election for Chief
and Council in time. We also picked up Christina Vincent in Academy area of Thunder Bay. We then
traveled to the Valhalla Inn. I had never met Christina Vmcent before that day, and on the way to the
. hotel I learned Christina also needed a new status card and that Irma Churchill had provided my mother
. with the address to pick her up. When we arrived at the hotel we met Irma Churchill, Carmel Zoccole
and Kevin Zoccole and Vanessa Lac Seul in the lobby. I was introduced to everyone by Irma Churchill.
We then followed Vanessa Lac Seul to her room on the first floor, I believe it was room 126, but I may
. , be wrong because I jrist followed them. We all waited in her hotel room while she made up valid
status cards for myself, Kevin; Christina and Clayton Boucher (when he showed up later). Irma
asked my mom ifI had brought $5.00 to pay for the status card, and she said she had it. Irma
asked my mother if she brought her papers to vote and my mother told Irma the ballots were in
the vehicle. My mother
then asked me to go grab the ballots. I went straight to my moms vehicle and retreived the papers. The
papers were the blue and green voting ballots and it was a stack that was about 0.5 inches thick. I next
returned to Vanessa's h.otef room where they were filling out paperwork/ballots and getting status cards
done. I was asked to vote right there, and filled out my original ballot for Chief, marking my vote for
Kathleen Sawdo, whom I have never officially met, but I did not want to vote for Judy Maunula. My
mother and Irma Churchill did not know of my personal feelings about this until after I filled out my
ballot. Keving Zoccole also filled out his ballot to vote and required a witness for the ballot, so I
signed his ballot as a witness. When it came time to witness my ballot Kevin refused to sign mine. I
can only assume it was because I had voted for Kathleen.
. Irma stated she wa vvaiting for Layla and Raphael Chicago to show up for new status cards, but they
did not show up whenlwas thered. My mother told me to ask Irma to witness my ballot and I did this
: not realizing at that time:that my ballot if witnessed by another candidate in the election would
have been spoiled/rejected (Irma Churchil was a candidate for council in the election). Irma signed my
ballot. We then fmished with the voting ballots, and went back to getting out status cards. (our
completed ballots were done before we were given the status cards;) Vanessa has us stand against the
.wall as she too.!(each of our photos. Christina and I then went outthe patio door to have a smoke and
we were later joined by Clayton and Carmel. Kevin left as his status card was finished. When I
finished my smoke I went inside and Vanessa informed me my photo did not turn out, so we had to take
it again. When my photo -was finished Vanessa laminated my cardi At no time did Vanessa ask me for
prnof of identity or otherJD inorder to issue my status card.

\:P, .\

When Vanessa handed my status card to me, she looked me in the eyes and told me not to say anything
about what took place the hotel room, as it was not legal, and she was only doing this as a favour to
. my Chief Judy Maunula. She then asked for my card back so she could take a photo of it, so it could
be submitted to Bimose.

When Vanessa handed my card back to me again, Irma Churchill told me that I wasn't to say anything
:to any other Band members in our community, andifl did they would know I had said something. It
. made me feel very threatened because my families previous experience with this Chief and Council has
.. been, if they don't like you or you say or do anything they don't care for, then they withhold education
,funding, cut travel dollars and we are no longer informed of anything that involves the community.
They helped my mother last year to purchase a vehicle and also promised my aunt Mavis a new bed
after elections. During the elections I never came forward because I didn't want my past as an addict
brought up, as now I have been sober for 3 years and Cheif and Council had given me $150.00 to go to
. Rainbow Lodge Reab"Center in Wikwemikong.
We all left the room after the cards were :finished. When we got outside the hotel Carmel Zoccole,
Irma
. Churchill, Eva Peters, Christina Vincent and myself stood in the front before getting into our vehicles
for a few minutes. Eva Peters, Christina Vincent and I left and my mom and I dropped off Christina at
home. Then my mom dropped me off. On the way from Academy, where Christina lives, my mom and
I talked about me voting for Kathleen Sawdo and how the group Eva was running with wanted me to
vote for Judy. I was to think about my decision and there was still time to change my vote because they
hadn't submitted it yet. My mom dropped me off and I didn't speak to her for the remainder of the day.
.. On, June 7th, 2015, sometne in the early afternoon my mom picked me up and took me to a restaurant
-. in Northwood Plaza t6'nieet Irma Churchill for lunch and coffee. While we were there immediately
the conversation was about changing my vote from Kathleen Sawdo to Judy Maunula. This is when I
was
informed my first original ballot was not valid because Irma purposely witnessed them as a candidate
so the vote would be spoile<i. I told Irma and my mother why I didn't want to vote for Judy and they
. kept pressuring me to change my vote. During the lunch/conversation Judy Maunula kept phoning my
.. mother and Irma, and they all coerced and pressured me into changing my vote. I changed my vote and
. . they ripped up my original ballots and had me fill out newballots. I left with my mother and returned
,home and had my partner Nathan Wieteska witness my ballots and I gave them to my mom and she
left.
bn June 8th, 2015, my mother showed up at my place of employment and took my status card to have a
copy to hand in with my ballots and votes.
.

Signed by Margaret Peters

!\

Sworn before me at at the City

of
Thunder Bav, in .the District
- of
.,
-.. Thunder Bay th1s ...\."' ..:.
day of

[\. L

o:S. ':*......, 20.XS:... .

A COMMISStONER,
iN THE CITY OF -.
THUNDER BAY;
ONTARIO UNDER

DELEGATED AUTHORITY OF THEart

CLERK OF THUNDER BAY.IN ACCORDANCE
WITH SECTION 228 OF THE MUNICIPAL ACT.