Squamish Nation members voted a second time to strip elected representatives Krisandra Jacobs and Glen Newman of their seats, but the pair has refused to step down.
One of the biggest turnouts ever at Totem Hall in Squamish on Sunday (Nov. 16) saw 218 out of 230 members vote to remove Jacobs and Newman. An earlier vote on Oct. 26 in North Vancouver also saw a majority seek the removal of the pair.
An independent investigation completed earlier this year for band council by lawyer Nazeer Mitha revealed that $1.5 million managed by the duo from the band’s emergency fund was not properly accounted for over the past two years.
Squamish Nation law states that for a motion to pass, it must be passed at two general meetings. But now after two votes completed, Jacobs and Newman refused to step down. After Jacobs continued acting as a councillor following the passing of her second motion to be removed, the mood became tense.
“After the motion to remove her passed, there were members who got up and asked why she was still sitting there,” said Squamish Nation member Khelsilem Rivers. “Members were questioning why she was still at the front of the room and were upset that council weren’t following through with the motion immediately.”
He said Jacobs refused to resign and the frustration reached a boiling point for members.
“Krissy [Krisandra] decided to respond to a member as a councillor regarding a new issue that was brought up, and the member became visibly upset,” he said. “He asked why she was still up there speaking in any capacity and then he angrily threw a chair.”
The meeting was adjourned shortly after but it’s unclear what the next step is in this situation.
“What happens now is council has to write a letter to inform them that they have been removed,” said Squamish Nation member Beverly Brown. “Council has a duty to remove them because the people have voted on them.”
Brown explained the Squamish Nation’s custom is for the people to give instruction to the council, and it should be followed. She pointed to the removal of a councillor in 1985 as precedence for this case.
“If they were a good government, this is what they would have done anyways,” she said. “We shouldn’t even have to vote her out, she should have been taken out of council to begin with.”
In addition to the chair toss, Brown said a Squamish Nation member broke a paddle in the meeting. The breaking of a paddle is symbolic of breaking the law and the people’s trust, said Brown.
She said it’s time for Newman and Jacobs to be removed.
“You’d think they would be moved to do what’s right,” she said. “I don’t understand their unwillingness to move forward and do what’s right. What they’re trying to do is hide behind lawyers, but we’re saying no as a community. We’re not ruled by that rule of law, on the reservation and in our community our custom stands. We tell you what to do, not the other way.”
Khelsilem said the ball is basically in the council’s court.
“Historically what happens is when motions are passed, council follows through with them in some way or form but if they put the Nation in a financial or legal situation sometimes they have not acted on those motions and its based on their judgment,” he said. “Due to a lack of regulations in this area there is no formal way to deal with this matter, but court cases have stated that in the absence of written regulations that whatever the established precedence of the band applies.”
He noted that there have been three council members removed in the history of the Nation, with the last removal occurring in the 1980s.
Brown said if council doesn’t remove Jacobs and Newman things will get even more heated and it could put the entire council at risk of removal.
“If they don’t step down, it could get really heated and I don’t know what might happen,” she said. “People are really frustrated and it’s kind of frightening. The community has said to council that if you don’t do your job we can remove all of them. One of the next steps could be to launch a class action suit to have them all removed for non-compliance for not listening to the community. We elected them and they’re not doing good governance.”
She said Jacobs has an obligation to step down.
“She’s trying to say this motion has no legal standing and it’s just a recommendation and we’re saying not it’s not a recommendation – it’s the will of the people, we voted twice on it,” she said.
Brown and Khelsilem said they’re unsure when the next council meeting is but it could occur this Wednesday (Nov. 19).
