Carry-The-Kettle Nakota Nation (CTK) is in political turmoil after two band councillors were removed and the chief was the centre of a recent non-confidence vote.
This, after a video surfaced showing a physical altercation between the chief and a member.
“I think the band members that are out of province and in other areas across the border … they deserve to know where we’re at because right now … nobody really knows except for whatever is being said on social media,” said Terrina Bellegarde, who says she was suspended illegally from council.
“There’s a lot of members that are left out and they don’t know. But we need to be transparent.”
There are roadblocks on how members of chief and council can proceed to resolve the disputes since the nation is governed under a Band Custom Election Act.
Bands who chose this type of governance opted out of the Indian Act. Instead, they create their own election acts and constitutions. Due to this, Indigenous Services Canada (ISC) is unable to intervene.
CTK Council Removal
The CTK Nakota Nation elections occurred on April 4, 2022, when Scott Eashappie was elected chief and six councillors were voted into office.
However, the term did not last long for two councillors who were recently removed from office.
Bellegarde was given notice on Sept. 16, 2022, of her “attempted removal.” Councillor Joellen Haywahe said there was an attempt at her removal which occurred on Aug. 28, 2022. She said she was not given a reason or any documentation of this decision.
“I was not made aware of the allegations against me,” said Haywahe. “I wasn’t presented with anything.”
When asked why they are speaking out, Bellegarde said she wants to stand by her campaign promise to the band membership to be transparent.
Chief Eashappie said the reason behind Bellegarde’s removal cannot be shared but says she does not represent their nation in any way.
“I actually sent her out a legal letter that if she continues to act or consider herself a council in any way representing that, Carry-The-Kettle Nation will be suing her,” he said. “She was removed for cause.”
When asked, Bellegarde said someone made complaints about her — complaints she says are false.
“There are alleged false allegations. One of them is some forced confinement on a councillor which is untrue,” she said.
“I was not even an accessory. It’s all false allegations that are ludicrous. It’s become insane.”
In a document sent to Global Regina of Bellegarde’s removal, three members of Chief and Council voted to remove Bellegarde from council “on the basis that she has contravened one or more of the provisions set out in … the Custom Election Act.”
Bellegarde said Chief Eashappie removed her completely off payroll and that he had no quorum in a tribunal to do so.
“I didn’t recognize the tribunal because the tribunal aren’t acting in full five-member tribunal (but) there’s only four,” she said.
“They appointed their own chair, and the chair is supposed to be appointed by the chief and council according to our Custom Election Act.”
Physical altercation
During a meeting on Sept. 8 in Indian Head, at the administration office, an alleged physical altercation occurred between Carry The Kettle Chief Scott Eashappie and a male band member in which the two shoved each other and were swearing at each other.
The councillors who spoke to Global Regina called the male band member an “elder,” however Eashappie disputes that, saying the man is not considered an “elder.”
A video was taken of the altercation. The chief said he could not comment on who took the video of the physical altercation.
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Chief Eashappie said the altercation began with a discussion of land leases on Carry The Kettle. He said an 80-year-old elder made a comment on the topic and the male who is identified as Dean Thompson started “swearing at her.”
“(He was) saying some very harsh stuff and throwing around at her, even to the point where he put his chair up to her and then pretty much, you know, said, f*ck you right in her face,” said Chief Eashappie. “That’s what it led down to.”
It was then that Chief Eashappie said he decided to interject.
At the beginning of the video, it shows Chief Eashappie walking towards Dean Thompson and pulls him off his chair saying, “get the f*ck out.” According to the chief, the video was shortened, and it does not fully show what led to the confrontation.
“Like I asked him three times to leave and the third time when he pulled his chair up there and starts swearing at her, you know, and that’s when I walked towards him, and I nicely pulled his chair away from her because…that’s elder abuse.”
In the video, Chief Eashappie and Dean Thompson can be seen shoving each other and swearing back and forth. When asked if he thinks if he was in the wrong or the right as a leader of his community to put his hands on one of his band members, Chief Eashappie said that no one has the right to yell and swear at any woman.
“Especially a woman of 80 years old, in a wheelchair, on dialysis and very sickly. That is not right in any way,” said Eashappie. “Every man in that room should have stood up and protected their women … so, I had to do what I had to do to protect and get him away from her. Then when he starts to physically assault me is when I have to push him back away from me.”
Councillor Dwayne Thompson who was seen in the video stopping the physical altercation said he had to intervene to maintain calmness in the room.
“I didn’t feel good when he grabbed the elder,” said Thompson. “No elected official should ever grab an elder and shouldn’t grab anybody like that. That’s an assault right away … I didn’t feel good to continue the meeting after that.”
When asked why he’s speaking out, Thompson said he’s concerned by the direction that Carry The Kettle is moving.
“Our community is divided now,” he said. “Our elders are divided. Our band members across Canada are emailing (asking) what is happening. It doesn’t look good.”
Bellegarde, along with other councillors and band members, was present in the room when the altercation happened. She said watching the confrontation had her feeling concerned and unsure how to react.
“At that moment, I just seen everybody just buckle up and freeze because we didn’t know what was going to happen,” said Bellegarde. “This has never happened before … I received numerous calls and messages stating that something has to be done … coming from elders, they don’t recall ever having a leader in Carry-The-Kettle attack anybody at a meeting.”
Chief Eashappie confirmed that police are aware of the incident that occurred and says that no charges have been laid. He claims police are investigating Dean Thompson for allegedly assaulting and verbally attacking the elderly woman in the wheelchair.
The File Hills First Nation Police Service (FHFNPS) serves five First Nation communities in Treaty 4 territory which include Carry The Kettle Nakota Nation.
In an email statement, the FHFNPS Chief Paul Avanthay confirmed they are aware of the incident.
“The matter is currently under investigation so of course we would be remiss if we commented on it at this time,” stated Chief Avanthay.
Non-confidence vote
The physical altercation between Chief Eashappie and Dean Thompson was supposed to be the focus of a recent general band meeting in Regina on Sept. 24.
But when band members got to the building where the meeting was to be held, they were greeted with a note on the door saying the meeting was cancelled.
Bellegarde said in their Band Custom Election Act, a meeting cancellation needs to happen 30 days in advance.
The Cega-Kin-Nakota-Oyate Custom Election Act confirms that claim.
The band members who showed up to the scheduled Sept. 24 band meeting continued to meet outside the building in the parking lot where a non-confidence vote occurred.
“To even put hands on anybody as an elected official was misconduct,” said Bellegarde. “And that misconduct is where it led to the non-confidence.”
The non-confidence vote was unanimous, with band members voting for the removal of Chief Eashappie.
“Our membership wants a non-confidence vote on the chief and we’ve passed a (band council resolution BCR) by a quorum for the suspension of six months on Chief Scott Eashappie,” said Bellegarde. “He’s going to have to accept it. But we’re waiting for a response from Indian Affairs on that. When that response comes forward, I guess that’s where we’ll know what our next steps are.”
When asked if he was aware of the non-confidence vote, Chief Eashappie said he is fully aware of the non-confidence vote that took place.
“As Chief of Carry-The-Kettle, I don’t acknowledge that because the Senate councillor, a councillor that’s removed and an individual I ran for chief trying to hold their own meetings is illegal. That’s false representation,” he said.
Indigenous Services Canada
The councillors provided Global Regina with an email from ISC on Sept. 22 that stated they have not received a Band Council Resolution (BCR) from CTK regarding the removal of members.
“Our governance unit has confirmed that ISC requires a BCR signed by quorum advising of the suspension and/or removal of councilors,” stated ISC. “Without a BCR, ISC cannot update our records on the composition of council or adjust our communication.”
In a different letter dated Sept. 27 to Chief and Council, ISC stated they received correspondence from Chief Eashappie with a BCR, tribunal recommendations and decisions, Ms. Bellegarde’s email with an attached BCR and letter from a lawyer.
ISC stated due to the fact that they have been provided with conflicting BCRs and directions from different members of Chief and Council, ISC cannot take steps to action any BCRs until there are clear and agreed upon directions from the seven individuals on Chief and Council.
“It is not Canada’s place to interpret the First Nation’s election act or making determinations regarding the validity of BCRs and status of members of the council,” according the ISC letter. “ISC encourages the parties to work together to resolve any difference(s) perhaps with the assistance of professional mediation services.”
Global Regina reached out to ISC to comment on the incident and in an email, Kyle Fournier stated allegations of this nature are best referred to local police.
“To the extent that the situation in Carry-The-Kettle Nakoda Nation impacts leadership or governance, the First Nation has the ability to review and amend its custom election code as it deems necessary,” stated Fournier, ISC spokesperson.
“The department has no role in how the community’s leadership is selected, or how governance disputes are resolved.”
What happens next?
But what happens when both parties can’t come to terms? A faculty term lecturer at the Johnson Shoyama Graduate School of Public Policy who specializes in Indigenous policy says every nation is different but often at times, those matters are dealt with internally within the nation.
“So, it really depends on what the issue is, what the problem is,” said Danette Starblanket. “But if it’s something where the chief and council can’t come to an agreement on another issue, that’s not necessarily to do with the election. The Department of Indian Affairs have no place there.”
Starblanket added for bands that have opted out of the Indian Act and are governed under a Custom Election Act, there is a process they follow that oversees the governing body such as a council. In the case of CTK, there is a Cega-Kin Nakoda Oyate Tribunal.
“Most often they try to resolve it before taking it to that council,” said Starblanket. “If that council doesn’t exist, then generally the community will look to try to create one, whether it’s an advisory council (or) elder’s council.”
It is not known what the next steps are from Chief and Council but Haywahe along with Bellegarde and Thompson are hoping to get everything cleared so the band leadership can work together to resolve issues as a team.
“We have to try and get on a better foot as a band,” said Haywahe.
“Anything can be fixed if people work together,” said Thompson. “Every one of us got to be on moving the band forward.”
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