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Roseau
River
Custom Council now a "Federal Board"
November 25, 2007
Provincial Court Judge Nurgitz's decision on November 23 2007
that the Roseau River Custom Council is a "federal board" has
seriously jeopardized the Custom Council.
"(16) Before those matters relating to the fraudulent
misrepresentation can be heard, it will be necessary to have a
decision of the Federal Court. I have therefore concluded that
the statement of claim ought to be dismissed, save and except
for the fraudulent misrepresentation portion of the claim which
must be stayed pending a decision of the Federal Court."
"(17) Accordingly,
having concluded that the Federal Court has exclusive original
jurisdiction, the statement of claim in these proceedings will
be dismissed save for the fraudulent misrepresentation claim
which must be stayed pending the decision of the Federal Court."
No court decision was made to oust Chief Terrance Nelson and the
council. The only
decision that was made was that the Provincial Court
had no jurisdiction and the Federal Court needed to hear this
case to make the decisions.
Less then thirty-five people attended the elections called by
the ten people who claimed to be Custom Council. There were so
few people that everyone who was nominated won by acclamation. A
recognized federal board will have a very high standard. They
must produce minutes of meetings, motions, election postings and
numerous documentation.
Chief and Council will file in Federal Court on Monday morning
seeking an injunction like the one in provincial court.
The Police have stated that they will keep the peace in
this matter. Felix Antoine and his group cannot assume power
unless they can provide a clear decision of the court that’s
ousts Chief Terrance Nelson and the council. Failing to provide
the court decision that nullifies the March 2nd 2007
election, the police will recognize the existing Chief Terrance
Nelson and his council as the legitimate representatives of
Roseau River Anishinabe First Nation.
We were elected by 441 people in an open election, we should not
be ousted by an election where only 35 people participated. The
Judge also decided that the Band has to pay for all legal costs.
So once again, this matter will be paid for out of band funds.
For copies of the Decision and other information, contact the
government office.
Chief Terrance Nelson
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Email
at dhenry@rrafn.com with your attached text documents or photos
Roseau
River is an Anishinabe Nation community located in Anishinabe
territory, also known as Treaty 1 territory. This area is
also now known as southern Manitoba, just north of the United
States-Canada border. 