M’CHIGEENG—Morgen Hare, who was dismissed by M’Chigeeng First Nation band council as Gimaa (Chief) as of June 30, 2025, has brought an application to federal court to have this decision declared unlawful, due to what he says is council’s decision being made contrary to the terms of the M’Chigeeng custom election code, and was unreasonable. Mr. Hare will seek 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.
“I will be serving M’Chigeeng with the notice of application tomorrow and an injunction to try and stop a by-election being called in October (for the vacant position of chief),” said Mr. Hare. “When the sitting chief is healthy and ready to go, I can’t understand why they have dismissed me.”
The grounds for the application state, “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 30, 2025 decision. Prior to taking a medically directed leave beginning March 5, 2025, Gimaa Hare advised the Enaagdenjged (Chief Administrative Officer Shannon Bebamash and (former) deputy Chief Ross Armstrong (who recently resigned) that he anticipated he would require such a leave. Upon being directed by his physician to refrain from work, Gimaa Hare sought, obtained and immediately provided written confirmation from his physician of his need to take leave to council and M’Chigeeng First Nation’s administration. Council’s conclusion that Gimaa Hare had no reasonable excuse to miss three consecutive council meetings was unreasonable, as was council’s decision to remove him from the office of chief.”
The legal counsel letter outlining the grounds for application also note in part, “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.”
This comes after Mr. Hare had 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.”
“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.
Mr. Hare told The Expositor that in a council meeting where planning for meetings in 2025 was taking place, he had told council he would be unable to chair the February 20 meeting due to a medical appointment in Sudbury. This was reflected in the council meeting schedule for the year. “At that meeting I had said I wouldn’t be able to make the February 20 meeting, so I recommended that it be held the following Thursday, but council said the deputy chief could chair that meeting.”
In Mr. Hare’s court application, it is stated that on or about March 4, Gimaa Hare advised the chief administrative officer, and deputy chief that he would require a leave of absence as a result of his health issues. It was further noted in the application that on March 5, Gimaa Hare provided a letter from his treating physician, dated March 4, 2025 notifying M’Chigeeng First Nation of advice for Gimaa Hare to remain off work for a period of 16 weeks. A further notice, dated June 27, was provided to M’Chigeeng First Nation extending the period of medical leave until July 11, but confirming that Gimaa Hare would be able to return to his duties as chief on July 14,2025.”
The application also explains that on March 3, Gimaa Hare was informed of an executive management advisory committee meeting and decision that day to terminate Gimaa Hare access to his benefits and compensation package, which he had been relying on in support of his medical expenses.
The application for judicial review, further states, “on June 27, Gimaa Hare received a letter from the Enaagdenjged, requesting his attendance at a mandatory meeting with council on June 30 to “discuss outstanding issues.”
The application notes, on June 30 Gimaa Hare met with council, during which council asked him various questions and discussed matters that were either unrelated to, or an unsatisfactory explanation for, what would become the grounds for the (council) decision. Gimaa Hare was then asked to leave the council meeting and was advised that councillor Robert Beaudin would call him later that day. He called at 7:55 pm that day.
“I had been advised council wanted to see me on June 30, before I went back,” Mr. Hare told The Expositor. “And I wanted to make sure council was okay with me coming back. The meeting lasted a couple of hours. I provided the medical data indicating when I could come back and I indicated I could go in a couple of days earlier if the council wanted me to. I left the meeting feeling that everything was moving forward and I was ready to come back. “
“Council had asked me questions, and said that after I left, they would be carrying on the meeting and that Councillor Beaudin would call me later that day with the results of the meeting,” Mr. Hare told The Expositor. He said council did not pass any motions.
Mr. Hare’s application noted, Gimaa Hare received a call from Councillor Beaudin at 7:55 pm on June 30, informing him of a letter in relation to council’s decision. Gimaa Hare picked up this letter from the M’Chigeeng Band office on July 2. The letter notified Gimaa Hare of council’s decision in which council deems the office of chief vacant according to the following sections of the Election Code; paragraph 11(1)(e) which provides that 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, and (b) subsection 27(4), which provides that a council member who accepts employment with M’Chigeeng First Nation during their term of office will be deemed to have been resigned from council. By deeming the office of chief vacant, council effectively removed Gimaa Hare from the office of chief. Council has subsequently notified M’Chigeeng First Nation and its membership, by notice dated July 4, that a by-election for the office of the chief has been called for October, 2025 and posted an invitation to tender from qualified persons to serve as an electoral officer for the by-election.”
“On June 30, at 7:55 pm I received (the call from Councillor Beaudin) that I had been removed from the position of chief,” Mr. Hare told The Expositor. “They didn’t give a reason, he read the dismissal letter, and I picked it up on July 2. There was no date or signatures from members of council on the letter.”
“Yes, I was taken by surprise that council would go to this extent,” stated Mr. Hare. “I thought they would ask me to come back before July 14. I was shocked when I heard the decision of the council.”
“I will be serving notice of the application tomorrow (last Friday),” said Mr. Hare. “Council knew that I was taking medical leave. The decision took me by surprise. But I am going to fight it.” He said the MFN election process established in 2019, is vague on the processes and specifically on the position of chief or any protection in place, for instance when a chief has to take a leave due to medical reasons. There is no protection or clear detailed guidelines in the election code and governance.”
“Council should have been transparent with me at the meeting on June 30, that they were thinking of dismissing me,” stated Mr. Hare. “At the very least to see what my reaction was going to be. There is no protection or clear detailed guidelines in the election code and governance.”
“They have also indicated in their letter that under the election code I am an employee of M’Chigeeng. “I’m an employee of the people who elected me and took part in the voting process. I am separate from staff and did not take another position with M’Chigeeng.”
Mr. Hare said his legal counsel is hoping to get a court hearing in Toronto, the latter part of August or early September, on the judicial review for application.
In a letter Mr. 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 Mr. 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.”
Despite reaching four members of M’Chigeeng Band Council, for council’s decision on the matter, none of the councillors wished to make comment on record at this time.
