Affidavit for the Appeal OfThe Election for Chief and Council OfLac Des Mille Lacs First Nation OnJune 8/2015

I,Kathleen Sawdo of the City of Thunder Bay, Ontario, in the District of Thunder Bay, in the province of Ontario: MAKE OATH AND SAY THAT:

1. I am a registered member of Lac Des Mille Lacs First Nation

2. I am submitting an objection to, and appeal to the elections for the positions of Chief and Councillors for the Lac Des Mille Lacs First Nation that were held on June 8/2015 in the City of Thunder Bay.

3. The reasons for my appeal are the following:a. The Electoral Officer erred in his interpretation of the Band Custom Election Code and denied eligible voters their inherent right to vote, and violated their human rights.

b. There is no provision in the Custom Leadership Selection Code of Lac Des Mille Lacs First Nation that requires a status card to vote, or a valid status card to vote. The electoral officer is required to confirm that only those on the voting list are permitted to vote. This can be accomplished by confirming identity through use of any government issued identification that has a photo and date of birth. The master voting list the electoral officer used includes a band members name, registry number, date of birth. It is common practice to confirm identity through producing any government issued identification.

c. The Electoral Officer advised only a few band members on an individual basis of his decision that a valid status card was required to vote. When I personally objected to this requirement, and asked the Electoral Officer if other forms of identification would be accepted; the Electoral Officer stated that he needed the valid status card because what if the person trying vote had transferred out of the band. I then stated to the electoral officer that if a person had transferred out of the band, then the person would not be on his master voting list that he received from Aboriginal Affairs. I then asked the Electoral Officer if his master voting list was current and up to date. The Electoral Officer then clearly and assertively stated that he was basing his decision on the previous 2012 Electoral Officers notes. The Electoral Officer neglected to mention that in the 2012Elections, an appeal was submitted on this same issue, and it was the adjudicator in 2012 that upheld the status card issue. The 2015 Electoral Officer neglected to

reveal that he was also the Adjudicator for the 2012 Elections. The regular process for a band member to transfer in or out of the band, requires a BCR from the Chief and Council. Should a member transfer out, the Chief and Council would have this information readily available and following proper procedures, the Chief and Council should and would be able to notify the Electoral Officer of the change. The rule made by the Electoral Officer limiting acceptable proof of identity had a direct impact on the outcome of the Election and violated band members human rights and right to vote.

d. The Electoral Officer was able to issue reasonable notice to all members regarding a spelling error, that included a second ballot issued, via regular mail. It is reasonable to expect that the Electoral Officer should have issued notice to all members via regular mail regarding the non-expired status card new rule and decision. This non-expired status card requirement, remains generally unknown to members, as it does not specify anywhere in the custom code that this is/wasa requirement. It did not state anywhere on the ballots, in the Electoral Package, or in the Voter instructions that a 'valid' status card was required to vote. This affected the outcome of the elections, as members depended on word of mouth instruction and second hand information that prevented many from voting. Had clear instruction be provided in the Electoral package, then more members would have voted.

e. The Electoral Officer denied band members with expired "Status Cards" the right to vote in person. Band members that attempted to vote in person with an expired status card were denied the right to submit a ballot, whether is was spoiled or not. The Electoral Officer processed mailed and faxed votes with expired status cards and deemed those votes spoiled, the spoiled mailed in and faxed in votes were deposited in the ballot boxes and were counted at the close of the polls on June gth, 2015. Every band member has the right to vote in the election, whether their status card is expired or not. The Electoral Officerviolated the human rights of Lac Des Mille Lacs First Nation members.

f. The Electoral Officer issued a notice and a second ballot for councillors via regular mail to members due to a spelling error. The Electoral Officer violated the custom code by issuing a portion ofthe Electoral package via regular mail to band members. This affected the outcome of the Election through the confusionof issuing a second ballot via regular mail, resulting in some members voting only for council (because they did not receive a ballot for chief via regular mail as well.) The Electoral Officer should have issued a letter of notice to members that explained the spelling error without issuing another ballot.

g. The Electoral Officer appointed a band member as support receiving direction from the incumbents (current Chief and Council who were also candidates in the election). This band member performed some duties that a deputy Electoral

Officer would have normally performed, during the June 8, 2015 election day. The band member was left alone with the ballot boxes and full listing of the Electoral Officers master voter list, as well as all copies of voter identification. The Electoral officer did not fulfill his duty to ensure the Election process was fair, neutral and impartial. During the Electoral Officers absence at any time during that day, the employee/band member had the opportunity to tamper or have access to information only the Electoral Officer should have had. I verbally objected to the Electoral Officer about this. The Electoral Officer responded by stating he requested help from the current Chief and Council (also candidates in the election), so that the ballot boxes would not be left alone when he used the washroom. I expressed to the Electoral Officer that this is in conflict of our code, and a band member/employee of current Chief and Council should not be doing the job of a deputy Electoral Officer. The Electoral Officer replied and stated that he could assure me, nothing was tampered with when he left the polling station.I replied to the Electoral Officer, that he could not assure anything when he is not in the room. I further stated that when the Electoral Officer is out of the room and leaving the band member/employee alone, this person could have access to anything there and the Electoral Officer had no way of confirming with out doubt that the band member/employee hadn't done something to affect the outcome of the election. Further, I explained to the Electoral Officer, that having a band member/employee present at the polling station could be viewed as aform of intimidation for the general membership that wished to vote in person on June st\ 2015.

The Electoral Officer violated the custom code, section 17.d because he did not remain impartial or neutral during the elections through his decision to contact Chief and Council (also candidates) to obtain support and by appointing a band member/employee of Lac Des Mille Lacs First Nation with deputy Electoral Officer duties.

"Section 17.subsection D. The Electoral Officer is to remain impartial and neutral in the conduct of the election. The Electoral Officer must not be a member of Nezaadiikaang/ Lac Des Mille Lacs First Nation, not related to a member or citizen of the First Nation including through marriage or common law, and must not have a vested interest in the outcome of the election." "Section 18.subsection A. Accepting and recording the name of the voter and the date the Electoral Forms -Schedules 1 and 2, as they are returned to the Electoral Officer; and,Filing and storin g all copies of Schedule 1 received in a secure ballot box to be maintained by the Electoral Officer ;"

Through the appointment of a known band member to assume some of the duties of the Electoral Officer "the ballot box to be maintained by the Electoral Officer", while the Electoral Officer left the designated polling station, the

electoral officer is in violation of the Custom Leadership Selection Code of Lac Des Mille Lacs First Nation. The appointment of a known band member and employee of incumbents running in the election by the Electoral Officer demonstrates a lack of neutrality and impartiality in the conduct of the Election.

h. The Chief, Judy Maunula; Councillor Irma Churchill and Councillor Carmel Zoccole violated section 15 of the custom code by using First Nation assets for the purpose of campaigning. The Chief Judy Maunula, Councillor Irma Churchill,Councillor Carmel Zoccole used First Nations assets through use of their titles and influence as Chief and Council of Lac Des Mille Lacs First Nation to arrange for status card issuing for select members of their choosing during the election process. According to the statement submitted by a member of Lac Des Mille Lacs First Nation, the issuing of status cards was kept secret from the general membership, and was performed on May 30t\ 2015 in a hotel room at the Valhalla Inn, in Thunder Bay Ontario. See - Affidavit from Registered Band member.

According to the statement of a registered band member, the Chief, Judy Maunula; Councillor Irma Churchill and Councillor Carmel Zoccole took part in corrupt or fraudulent practice in relation to the election, through abusing their influence, power and authority as Chief and Council to arrange status card issuing secretly in a hotel room, and by keeping that secret from the general membership. No notice of status card issuing was sent out to all members, and no reasonable attempt to notify all membership of this opportunity was made. According to the statement of the registered band member, Councillors Irma Churchill and Carmel Zoccole were physically present along with other band members during the secret issuing of status cards at the hotel room, and Chief Judy Maunula communicated to the councillors via text message and cell phone. This directly affected the outcome of the Election, given the known number of members who have expired status cards, or were in need of a status card.Further, Chief Judy Maunula; Councillor Irma Churchill and Councillor Carmel Zoccole participated in corrupt practice that influenced and intimidated members into voting for them personally, according to the statement submitted by a registered band member. The Chief Judy Manuala, Councillors Irma Churchill and Carmel Zoccole also participated in corrupt practices by abusing the First Nations relationship with Bimose Tribal Council, and by potentially damaging the reputation and credibility of Lac Des Mille Lacs First Nation by having the Status Card Issuing Officer, from Bimose Tribal Council issue cards, insecret, and knowingly issue the cards with the incorrect issue date (falsify a form of government identification), from a hotel room in Thunder Bay.This is direct violation of the custom code, and is also a direct violation ofthe Oaths of Office Chief and Council that is part of the custom code. It is also in violation of the Oaths they were sworn to when elected in 2012.

"That Iwill be faithful and bear true allegiance to the ancestors,the citizens and all future generations of the Nezaadikkang/Lac Des Mille Lacs First Nation, and Iwill uphold Nezaadiikaang/Lac Des Mille Lacs First Nation laws, and act in accordance with Nezaadiikaang/Lac Des Mille Lacs First Nation duly passed resolutions, policies, mission statements, culture,language and spirituality; and,That Iwill carry out the powers entrusted to me and perform the duties of my office diligently, faithfully and to the best of my skill and knowledge. Iwill at all times provide good,effective and responsible leadership to the Nezaadiikaang/Lac Des Mille Lacs First Nation in all circumstances in which I am called upon to represent the Nezaadiikaang/Lac Des Mille Lacs First Nation; and, that I will at all times endeavor to advance the best interest of the Nezaadiikaang/Lac Des Mille Lacs First Nation; and, that I will keep confidentialall matters entrusted to me in confidence. I will not disclose any matter that comes to my knowledge as a result of my office. I will not use any such knowledge for my personal advantage or gain, and Iwill not allow my private interests to improperly influence my conduct in office; and, That to the best of my knowledge, I am not disqualified in any way from holding the office of Chief/Councillor, and Ihave not by myself or any other person, knowingly employed any bribery, corruption or intimidation to gain election to the office of Chief/Councillor. So help me, 0 Great Spirit/God."

4. Based on the submitted violations of the Custom Leadership Selection Code of Lac Des Mille Lacs First Nation, and the attached statements and evidence, it is requested a new election be called immediately and that a Chief Judy Maunula, Councillor Irma Churchill and Councillor Carmel Zoccole not be allowed to run in the new election, due to the pending investigations being conducted by Aboriginal Affairs, the OPP and the RCMP.

I swear that all of the above be true, to the best of my knowledge, for the purposes of appealing the 2015 Elections of Lac Des Mille Lacs First Nation.

Kathleen Anne Sawdo June 17, 2015

Affidavit

. .June 15, 2015

On May 30th, 2015, I was picked up by my mother, Eva Peters. We had previous plans to travel to Wabigoon, ON on June 1st, 2015 to obtain a valid status card for me. When she picked me up, afterphoning me and informing me she was outside my apartment, she told me we were heading to the. Valhalla Innto obtain a status card for me there. A copy of the old style card, as there is an 8 month... back log and I wouldn't have a valid copy of my status card to vote' for the upcoming election for Chief and Council in time. We also picked up Christina Vincent in Academy area of Thunder Bay. We then traveled to the Valhalla Inn. I had never met Christina Vmcent before that day, and on the way to the. hotel I learned Christina also needed a new status card and that Irma Churchill had provided my mother. with the address to pick her up. When we arrived at the hotel we met Irma Churchill, Carmel Zoccole and Kevin Zoccole and Vanessa Lac Seul in the lobby. I was introduced to everyone by Irma Churchill. We then followed Vanessa Lac Seul to her room on the first floor, I believe it was room 126, but I may. , be wrong because I jrist followed them. We all waited in her hotel room while she made up valid status cards for myself, Kevin; Christina and Clayton Boucher (when he showed up later). Irma asked my mom ifI had brought $5.00 to pay for the status card, and she said she had it. Irma asked my mother if she brought her papers to vote and my mother told Irma the ballots were in the vehicle. My motherthen asked me to go grab the ballots. I went straight to my moms vehicle and retreived the papers. The papers were the blue and green voting ballots and it was a stack that was about 0.5 inches thick. I next returned to Vanessa's h.otef room where they were filling out paperwork/ballots and getting status cardsdone. I was asked to vote right there, and filled out my original ballot for Chief, marking my vote for Kathleen Sawdo, whom I have never officially met, but I did not want to vote for Judy Maunula. My mother and Irma Churchill did not know of my personal feelings about this until after I filled out my ballot. Keving Zoccole also filled out his ballot to vote and required a witness for the ballot, so I signed his ballot as a witness. When it came time to witness my ballot Kevin refused to sign mine. I can only assume it was because I had voted for Kathleen.

. Irma stated she wa vvaiting for Layla and Raphael Chicago to show up for new status cards, but theydid not show up whenlwas thered. My mother told me to ask Irma to witness my ballot and I did this: not realizing at that time:that my ballot if witnessed by another candidate in the election would have been spoiled/rejected (Irma Churchil was a candidate for council in the election). Irma signed my ballot. We then fmished with the voting ballots, and went back to getting out status cards. (ourcompleted ballots were done before we were given the status cards;) Vanessa has us stand against the.wall as she too.!(each of our photos. Christina and I then went outthe patio door to have a smoke and we were later joined by Clayton and Carmel. Kevin left as his status card was finished. When I finished my smoke I went inside and Vanessa informed me my photo did not turn out, so we had to takeit again. When my photo -was finished Vanessa laminated my cardi At no time did Vanessa ask me forprnof of identity or otherJD inorder to issue my status card.

\:P, .\

When Vanessa handed my status card to me, she looked me in the eyes and told me not to say anythingm

about what took placethe hotel room, as it was not legal, and she was only doing this as a favour to. my Chief Judy Maunula. She then asked for my card back so she could take a photo of it, so it could be submitted to Bimose.

When Vanessa handed my card back to me again, Irma Churchill told me that I wasn't to say anything:to any other Band members in our community, andifl did they would know I had said something. It. made me feel very threatened because my families previous experience with this Chief and Council has.. been, if they don't like you or you say or do anything they don't care for, then they withhold education ,funding, cut travel dollars and we are no longer informed of anything that involves the community. They helped my mother last year to purchase a vehicle and also promised my aunt Mavis a new bed after elections. During the elections I never came forward because I didn't want my past as an addict brought up, as now I have been sober for 3 years and Cheif and Council had given me $150.00 to go to . Rainbow Lodge Reab"Center in Wikwemikong.

We all left the room after the cards were :finished. When we got outside the hotel Carmel Zoccole, Irma . Churchill, Eva Peters, Christina Vincent and myself stood in the front before getting into our vehicles for a few minutes. Eva Peters, Christina Vincent and I left and my mom and I dropped off Christina at home. Then my mom dropped me off. On the way from Academy, where Christina lives, my mom and I talked about me voting for Kathleen Sawdo and how the group Eva was running with wanted me to vote for Judy. I was to think about my decision and there was still time to change my vote because they hadn't submitted it yet. My mom dropped me off and I didn't speak to her for the remainder of the day.

.. On, June 7th, 2015, sometne in the early afternoon my mom picked me up and took me to a restaurant-. in Northwood Plaza t6'nieet Irma Churchill for lunch and coffee. While we were there immediately the conversation was about changing my vote from Kathleen Sawdo to Judy Maunula. This is when I was informed my first original ballot was not valid because Irma purposely witnessed them as a candidateso the vote would be spoile