APPEALS
(1) Within ten (10) days after the nomination of appointees, or from the date of a poll, as the case may be, a member of the Family who the nominee or the candidate is representing, who has reasonable grounds for believing that:
(a) there was corrupt practice in connection with the nominations, or the election; or
(b) there was a violation of the regulations that might have affected the result of the nomination of election; or
(c) the person nominated or elected to be a member of the Council was ineligible to be a candidate, may lodge an appeal by forwarding it, in writing, to the Appeal Board at the Nanoose Band Office, at 209 Mallard Way, Lanzville, British Columbia.
(2) Where an Appeal is received by the Band, a copy of the Appeal, together with all supporting documents, shall be delivered to the Electoral Officer and to each of the nominees or candidates.
(3) Any nominee or candidate may, within ten (10) days of the receipt of a copy of the appeal, forward to the Band, in writing, a response to the particulars set out in the Appeal, including supporting documentation.
(4) All documents filed in accordance with the provisions of this section shall constitute and form the record.
(5) Where it appears that:
(a) there was corrupt practice by the nominee or candidate in connection with a nomination or the election; or
(b) there was a violation of the regulations that could have affected the result of the election; or
(c) a person appointed to the Band Council, a nominee or a candidate in the election, was ineligible pursuant to these Regulations; the Appeal Board shall declare the election void, report to the Electoral Officer and record the decision of the Appeal. If the Appeal is granted, another nomination meeting and/or election, as the case may be, will be called within one (1) week of the decision and the process for nomination be reinitiated.
COMPLAINTS AND APPEALS
Complaint and Appeal Board
The Complaint and Appeal Board shall be comprised of five (5) persons appointed by the Snaw’naw’as First Nation Council not less than three months before the next scheduled election date.
- The Snaw’naw’as First Nation Council will appoint the Complaint and Appeal Board by execution of a Band Council Resolution.
- The members of the Complaint and Appeal Board must execute an Oath of Office and accept their Electoral by forwarding a letter of acceptance to the Snaw’naw’as First Nation Council.
- The Snaw’naw’as First Nation Council will appoint individuals to the Complaint and Appeal Board that:
- are at least 18 years of age;
- have experience in the conduct of elections and in complaint and appeal processes; and,
- possess an understanding of the principles of natural justice.
- The Complaint and Appeal Board members shall remain in office for seven (7) days after the expiry of the notice of electoral complaint and appeal period or until any outstanding election complaint or appeal has been resolved with finality by the Electoral Appeal Board.
- Upon receipt of a complaint or an appeal, the Electoral Officer shall convene a meeting of the Complaint and Appeal Board.
- At this meeting, the members of the Complaint and Appeal Board, upon reviewing the complaint or appeal, shall appoint three (3) members of the Complaint and Appeal Board to a Complaint Tribunal or an Appeal Tribunal, as the case may be, to investigate and hold hearings if required, and to issue decisions to resolve the complaint or appeal.
- In selecting members of the Complaint Tribunal or Appeal Tribunal, the Complaint and Appeal Board will not, to the extent practicable, appoint to the Complaint Tribunal or Appeal Tribunal persons who have, or may be reasonably assumed to have, a bias or conflict in connection with the complaint or appeal.
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