Tears after Federal Court ruling ends decades-long 'dictatorship' in northern Ontario First Nation
CBC
A self-appointed "chief for life," who named his wife as successor upon his death to keep the leadership of a small First Nation in northern Ontario within his family, has been ousted following a Federal Court ruling delivered Thursday.
The ruling comes amid a years-long struggle between hereditary chief Edward Machimity, his family and community members of the Ojibway Nation of Saugeen who were stymied at every turn to challenge decades of hereditary rule and establish an election code.
Federal Court Justice Sébastien Grammond upheld the results of a two-day June 2019 leadership review held by the community under the band's custom code that selected a new slate of chief and councillors — known as headmen.
Grammond said Machimity had no grounds to ignore those results, which met the requirements outlined in the custom leadership code.
"The leaders subject to the review cannot act in a way that frustrates the purpose of the review. Yet, this is exactly what they did," wrote Grammond in his ruling.
"They consistently denied the membership's power to review their leadership and remove them if necessary."
Grammond ruled that the June 2019 selection of Ron Machimity Jr. (no direct relation to Edward Machimity) as chief, along with headmen Joyce Medicine, Betty Necan, Darlene Necan and Desiree Jacko, constituted the legitimate government of the Ojibway Nation of Saugeen, which sits about 400 kilometres northwest of Thunder Bay.
With the ruling, Grammond ended Edward Machimity's 30-year rule of the community, previously described to CBC News by many residents as a "dictatorship."
Machimity's daughter Eileen Keesic also lost her position as a headman, along with John Sapay, a longtime friend of Machimity, who was the only one from the previous band council willing to sit and meet the community opposition.
In a previous interview with CBC News, Machimity said he would remain chief until his death. Machimity, who has health issues and is believed to be in his 70s, then announced his wife Violet Machimity would replace him if he died.
The Winnipeg lawyer for Machimity listed in the court file would not comment or confirm whether they are still retained. Machimity's long-time band lawyer did not respond to a request for comment.
New headman Darlene Necan said the ruling left her overwhelmed with emotion because it ended a "dictatorship" that strangled the community.
"I cried, I cried, I have no words, just a feeling of relief came upon me," Necan said.
"For some reason it's freedom I feel, no more of this cloud over us."
