Judge finds Morin faction not in contempt
- EFN Staff | September 01, 2015
No meeting has been set yet
Provincial Court Judge Justice Scherman has released his latest decision in the ongoing battle between factions at the Métis Nation-Saskatchewan. He found on behalf of the Morin faction and also assigned costs to the Métis Nation-Saskatchewan.
President Robert Doucette had asked Justice Scherman to find Gerald Morin and his faction in contempt of court for not having a properly called Provincial Métis Council meeting on or before July 26, a date set in a prior decision by the Justice. Justice Scherman found in his decision that “the applicant failed to prove beyond a reasonable doubt that the respondents deliberately, intentionally and/or recklessly ignored my order of April 6, 2015. Rather the evidence discloses some early efforts at compliance, which efforts became redirected to unsuccessfully seeking financing when the respondents learned on or about May 1, 2015 that funding was not available.”
In the decision Justice Scherman pointed out that AANDC was considering some funding for the MN-S to have an MNLA if the PMC passed motions supporting third party management and a forensic audit of MN-S but that since the Doucette faction didn’t participate in some meetings in Calgary during a Métis Nation Council gathering in June, funding was not available.
There has been no progress in getting the members of the Métis Nation-Saskatchewan Provincial Métis Council together to have a proper meeting and this decision will not change that. But a meeting has to happen sooner or later. “It will happen,” said Vice President Morin in an email to Eagle Feather News. “Among other things, the MNLA will set an election. I am cautiously optimistic we will now get disclosure of financial and other info. The Minister's letter is clear. Funding will be reinstated when we have accountability, transparency and democracy. An MNLA under these terms with full disclosure would be in order. A full read of the court decision answers a lot of questions. Any future course of action by the MN-S should be very mindful of Justice Scherman's findings.”
Doucette sees the decision as a setback and insists he is working in the best interests of the majority of the people that constitute an MNLA. “We are back to square one. The PMC will now have to set a new date and place for an MNLA according to our constitution. I have tried to do the best to accommodate the local presidents and local leader’s wishes, unfortunately, Justice Scherman’s ruling indicates the PMC is not in contempt of the court order, the Doucette faction did not co-operate with the PMC instead frustrated them in their efforts to get to a MNLA,” said President Doucette in an email to Eagle Feather News. “Nonetheless, please read the judgement, you can make your own assessment of what this means. Doubtlessly, Justice Scherman re-affirms according to the MNS constitution the PMC rules pretty much every aspect of this organization.”
How did we get here? Related stories:
- Bitter feuding leads to MNS defaulting
- Letter from Minister Valcourt to MNS
- Court orders MNS to get down to business
- MNS holds first meeting in two years
- MNS could be going back to court