Results of First Nation election won by convicted sex offender to be appealed

SYDNEY, N.S. - The outgoing chief of Nova Scotia's Chapel Island First Nation is vowing to challenge recent election results in an attempt to keep a convicted sex offender from taking office.

Kenneth Basque says he will appeal the outcome of the July 19 vote that elected Wilbert Marshall as chief by a margin of five votes to the Department of Indian Affairs.

Marshall, 42, served as chief for six years until he was forced to resign in January 2008 after being found guilty of sexual assault and sentenced to a three-year prison term.

His conviction stemmed from an incident with a woman, who was 20 at the time of the assault, in a Halifax-area hotel room in 2006.

Marshall was released on full parole last September under conditions that he avoid the victim and abstain from alcohol.

In a statement issued Wednesday, Basque said it would be "negligent" on his part to "stand idly by and do nothing" as Marshall is sworn into office on Aug. 6.

"As an elected official it is my mandate to ensure the safety and well-being of my community members," he said.

There is no clause in the Indian Act preventing a person convicted of an indictable offence from running for elected office.

In an interview with the Cape Breton Post following the election, Basque said he wouldn't bother challenging the vote, saying he was "more embarrassed than anything" to lose to a convicted sex offender.-CP-