FROG LAKE – A formal complaint seeking the removal of Frog Lake First Nation Chief Greg Desjarlais has been referred to the Nation’s Election Appeals Committee, setting the stage for a hearing into allegations concerning the use of First Nation funds.

The Frog Lake First Nation Election Appeals Committee issued a Notice of Referral of Removal Complaint on Aug. 25, confirming the complaint against Desjarlais has been formally referred to the committee under the Frog Lake First Nation Election Code.

According to the notice, the grounds of the complaint “concern the use of Frog Lake First Nation funds” under section 11.1(a)(ii) of the Election Code.

The committee will now be responsible for holding an in-person hearing at Frog Lake First Nation and determining whether the removal complaint should be granted or dismissed.

No hearing date has been set.

The complaint was submitted July 25 by Frog Lake First Nation member Melantha Abraham. Abraham is identified as the complainant in the upcoming proceedings, while Desjarlais is the respondent.

In her complaint to Frog Lake First Nation Council, Abraham referenced the ongoing forensic investigation that had previously been publicly acknowledged by the Nation and asked council to initiate the removal process outlined in section 11 of the Election Code.

Abraham also referred to statements made at a community band meeting regarding Desjarlais’ status and sought clarification about whether he had been formally removed from office or placed on administrative leave with pay.

Earlier this year, Frog Lake First Nations Council announced Desjarlais had been placed on temporary paid administrative leave while an independent investigation into matters concerning the Chief and Nation governance proceeded.

At the time, council stressed the action was precautionary and administrative and did not constitute a finding of wrongdoing.

In the July complaint, Abraham similarly acknowledged that an investigation by itself does not establish wrongdoing.

“As a member of this Nation, I understand that an investigation alone does not establish wrongdoing,” Abraham wrote.

However, she argued that because of the seriousness of the allegations, the ongoing forensic review and public statements made to community members, the procedures contained in the Election Code should be followed.

The complaint cites section 11.1(a)(ii) of the Election Code, which, as quoted in Abraham’s submission, provides that an individual holding the office of Chief or Councillor may be subject to removal proceedings if they “engage in the improper or illegal use of funds as determined by FLFN’s auditors.”

Abraham asked council to accept her letter as a formal removal complaint, have the matter reviewed and investigated according to the Election Code, ensure an investigation report was provided to council, clarify Desjarlais’ status and consider referring the matter to the Appeals Committee if the investigation and auditors’ findings supported the grounds for removal.

“My intention in submitting this complaint is not to presume guilt or predetermine the outcome of any investigation,” Abraham wrote. She said her intention was to ensure the Election Code was “followed fairly and consistently.”

The matter has now reached the Appeals Committee.

According to its Aug. 25 notice, the committee may adjust the normal timelines for a hearing to ensure the participants receive a fair process.

The committee specifically pointed to the complexity of the allegations concerning First Nation funds and the seriousness of the potential consequences.

A hearing date will therefore not be set until the committee can ensure both the participants and Frog Lake First Nation’s auditors are available to provide evidence.

Further notice containing the date and time of the hearing is expected to be posted.

The latest development follows a legal dispute between Desjarlais and council over his suspension.

In an earlier public statement, Desjarlais said the Federal Court dismissed his application for an injunction but raised issues concerning the process used under Frog Lake First Nation’s Election Code. Desjarlais maintained that he remained Chief and called on council to rescind the resolution suspending him and follow the removal procedures contained in the Election Code.

Desjarlais has also said he will cooperate with ongoing investigative and legal processes and has maintained that allegations should not be treated as findings of wrongdoing.

The Appeals Committee has not made a determination on the removal complaint. The upcoming hearing will determine whether the complaint against Desjarlais should be granted or dismissed.