Just over a month ago, the Chief of a Manitoulin Island was dismissed from the position, and he is now suing.
Morgen Hare says he was dismissed by M’Chigeeng First Nation band council on June 30th and has brought an application to federal court to have this decision declared unlawful.
He says the basis for his claim is that the dismissal was contrary to the First Nation’s custom election code and is unreasonable.
Hare says he is seeking a court order to ensure that the council takes no steps to interfere with his fulfilling his duties as chief or to replace him through a by-election.
He served the band with the notice of application last week and is seeking an injunction to stop a by-election being called in October for the position of chief.
He adds he had taken a medical leave of absence with written confirmation from his doctor, but council dismissed him on the basis of having missed three consecutive council meetings.
Although he did not elaborate on his health, he says he is ready to fulfill his duties.
Hare was elected in September 2023.
He provided the grounds for the application, which states, “Gimaa Hare has not been afforded procedural fairness as it relates to council’s June 30, 2025, decision to remove him from the office of chief. Council has not provided the justification and explanation required in communicating the reasons of its decision and Gimaa Hare has not been provided with a full opportunity to respond to the allegations against him as set out in council’s June 30th, 2025, decision.
Prior to taking a medically directed leave beginning March 5, 2025, he talked to two key band staffers about the medical leave.”
Hare adds he received a letter from M’Chigeeng Administration Office which states, “As determined by M’Chigeeng First Nation council on June 30, 2025. In section 11 (E) the M’Chigeeng First Nation Custom election code states the position of a council member will be deemed vacant if, during the term of office, the council member fails to attend more than three consecutive council meetings without, what is in the opinion of council, reasonable excuse.”
“It has been recognized that Morgen Hare has failed to attend more than three consecutive meetings,” the M’Chigeeng letter continues. “In addition, after reviewing various forms of information, it is also the decision of the council that he did not have a reasonable excuse.”
“In addition to this rationale, it has been brought forward that he is deemed an employee and as per section 27(4) of the election code, ‘A council member who accepts employment with the M’Chigeeng First Nation during his or her term of office will be deemed to have resigned from council.”
He says that he is not an employee.
The legal counsel letter also notes, “Gimaa Hare has not accepted any employment with M’Chigeeng First Nation since beginning his term of office and is not aware of any information that has been submitted to council that indicates otherwise. Accordingly, there are no grounds for council to rely on or apply subsection 27(4) of the election code to remove Gimaa Hare from office.”
“Therefore, the 2023-2026 M’Chigeeng First Nation council deems that effective June 30, 2025, the seat of chief for the 2023-2026 term of office is vacant,” the M’Chigeeng letter says.
In a letter Hare posted to all M’Chigeeng First Nation members on July 31, he stated “I am writing to provide an update further to council’s June 30 decision to remove me as the Chief of M’Chigeeng First Nation. This decision was made contrary to the terms of the M’Chigeeng First Nation Custom Election Code and was unreasonable.”
“In order to continue to serve you and the first nation, as I am obligated to do as Chief, I have brought an application in federal court to have this decision declared unlawful. I will also be seeking a court order to ensure that council takes no steps to interfere with me fulfilling my duties as chief or to replace me through a by-election.”
“I take my obligations as M’Chigeeng First Nation Chief seriously. These are sacred duties that I have given an oath to fulfill once you elected me. I will continue to do so and will take all steps necessary to ensure that nothing interferes with my ability to do so,” continued Hare.
“Pending the outcome of the federal court proceedings, I remain committed to serving M’Chigeeng First Nation as your Chief. I kindly ask for your patience and understanding as we work to resolve this matter in as timely a manner as possible.”
Since the matter is now before the courts, council and staff will make no comment on the matter.
