Thursday, September 13, 2007

Not good Presidents Chartier and Chartrand!

MNC President Elections Put Off Indefinitely - Métis Leaders Deplore Legal Action By Former MNC President And MMF President

SASKATOON, September 12, 2007

The leaders of four of the five governing members of the Métis National Council (MNC) condemn the actions of Past MNC President Clem Chartier and MMF President David Chartrand to have the courts intervene in the affairs of the MNC and to de-rail the holding of the elections for MNC President which were scheduled for October 12-13, 2007.

Defending the MNC in the court action are the following four governing members:

Métis Nation of British Columbia (MNBC) President, Bruce Dumont
Métis Nation of Alberta (MNA) President, Audrey Poitras
Métis Nation of Saskatchewan(MNS) President, Robert Doucette
Métis Nation of Ontario (MNO) President,Tony Belcourt.

Today, the Ontario Superior Court approved the extension of an order requested by Mr. Chartier and Mr. Chartrand as follows:

  • There shall be no MNC Annual General Assembly until further order by the court
  • There shall be no meetings of the Board of Governors or business conducted by the Board of Governors until further order by the court
  • The Chief Administrative Officer, Dale LeClair, shall run the day-to-day operations of the MNC "only as the need arises"
Both Mr. Chartier and Mr. Chartrand have abandoned the MNC's own bylaws, and have instead asked the court system to intervene in the affairs of the MNC by indefinitely postponing the MNC Presidential elections scheduled for this October.

The order was granted to examine witnesses and hold hearings on a further order requested by Mr. Chartier and Mr. Chartrand that would have the court identify who will be the delegates to the MNC Assembly. The elections for MNC President are nearly one year overdue. The Board of Governors maintains the Office of MNC President was vacant.

"I am astonished that the former MNC President and MMF President would take this action to further delay the MNC elections and cause this uncertainty to continue. In accordance with the MNC by-laws I was appointed as interim President in July by the majority of the MNC Board of Governors to ensure we maintain our position of self-governance to address this vacancy," MNBC President Bruce Dumont said.

"It is a fundamental principle that he MNC must never interfere in the affairs of its governing members and here we have the Past President and the MMF President asking a court to do that very thing - by asking the court to determine who would be the MNA's delegates to the MNC Assembly. This has always been the sole right of each Province to decide," Métis Nation of Alberta (MNA) President Audrey Poitras said.

"I am appalled that rather than following our by-laws, Mr. Chartier and Mr. Chartrand are in effect asking the courts to intervene and to, de-facto, amend our by-laws," Ms. Poitras added.

"The right of our people to run their own affairs and to choose their own leaders has never been a question in Saskatchewan. To see a Past National President of the MNC going to the courts to have them take over our decision making process just sickens me," said MNS President Robert Doucette. "I wantit to be clear that we are the ones who must defend the Métis National Council against this attack on our rights as a Nation and as a people," Mr. Doucette concluded.

"It is extremely ironic to me that the Métis National Council has fought long and hard for nearly two decades to have our inherent right of self-determination and our right of self-government adopted as a 'minimum standard' of our human rights by the United Nations and on the eve of the historic vote to adopt the UN Declaration on the Rights of Indigenous Peoples, our past President has asked a court to determine our rights and to identify who can cast a ballot in our national election. I am shocked and completely dismayed by this contradictory and irresponsible action," said NO PresidentTony Belcourt.

The four leaders are also surprised and deeply upset at the apparent lack of concern or responsibility over the costs of the actions that are being taken by Mr. Chartier and Mr. Chartrand. It is estimated the court costs could escalate to over $100,000 for the MNC alone. Without their actions, elections for President according to the Métis Nation's own laws would take place in one month by a decision of the Métis people not under the control of the courts.

For further information:

Bruce Dumont, MNBC: (604) 219-0157
Audrey Poitras, MNA: (780) 490-8188
Robert Doucette, MNS: (306) 343-8285
TonyBelcourt, MNO: (613) 791-5056
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So Metis National Council here's how you solve your problem. Eventually elect Canada's first Metis Lieutent Governor The Honourable Yvon Dumont - he'll add class to your organization like you wouldn't believe. But first there's one slight issue.

During July of last year, Manitoba Court of Queen's Bench Justice John Menzies supported Mr. Dumont in a frivolous, vexatious, beyond asinine lawsuit brought against the gentleman by The Metis National Council Secretariat/Metis National Council/President Clement Chartier. The Plaintiffs were represented by Counselor Murray Norman Trachtenberg.

Even more ridiculous an appeal has been launched and a factum (a book setting out the basis for the appeal) has been filed with the courts by Counselor Trachtenber. As soon as we have a chance we'll visit the Manitoba Court of Queen's Bench File Registry, pay the $5 fee and photocopy the most interesting pages for display on CyberSmokeBlog.

Counselor Trachtenbhas can try arguing one of two ways. Factual error(s) occurred at trial or more likely Justice Menzies made a technical mistake(s). Either way he's doomed to failure.

Remember what lead attorney Anders Bruun -
abruun@campbellmar.com - (capably assisted by Jeff Niederhoffer) was quoted as saying shortly after the trial to Winnipeg Free Press Senior Investigative Reporter Dan Lett? "This case is virtually unappealable."

The litigation was featured last summer in an issue of The Lawyers Weekly.

Wonder how much of our hard earned tax dollars the appeal will cost in legal fees?


Sincerely,
Clare L. Pieuk

Distribution List:
fineblit@lawsociety.mb.ca
mtrachtenberg@ptlaw.mb.ca


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