A new election to determine the grand chief of the Gwich'in Tribal Council is on hold.
That was the decision in NWT Supreme Court in Yellowknife Wednesday afternoon as candidate Frederick Blake Jr. filed an emergency injunction to stop the Gwich'in Tribal Council from proceeding with a fresh vote. The injunction also sought to stop incumbent Ken Kyikavichik from continuing in the role of grand chief until matters are resolved.
Toby Kruger, Blake Jr.'s lawyer, argued that his client is taking issue with the decision of the tribal council's board to ignore the findings of a report by an elections committee, which determined that several allegations made by Kyikavichik were unfounded. Those allegations included the timing of a lawsuit filed by the Gwichya Gwich'in Council with the NWT Supreme Court that allegedly was meant to influence voters, that the conduct of some voters on social media was intended to discredit Kyikavichik, that houses in Fort McPherson had 'Frederick Blake Jr.' signs placed on their lawns without permission and that Blake Jr. exceeded the allowed amount of campaign spending.
Kruger said it was clear Blake Jr. had won the election and that the results should be certified by a court as soon as possible. He cited section 169 of the Canada Not-for-profit Corporations Act, which sets out the powers that a court has should there be the need for a review.
Jamie Dixon, who stood as acting counsel for Kyikavichik, said his client wasn't able to retain proper counsel in time. He argued that Kyikavichik wasn't ready to proceed and requested an adjournment until his client was able to retain permanent legal representation.
Dixon also said appeals that delay the certification of election results are common and that pausing the business of the Gwich'in council or the treaty process wasn't a major issue.
In speaking to the business of the council, judge Vital Ouellette asked if there were any pressing matters that had to be dealt with in the coming weeks that would require having a grand chief present.
Jessica Buhler, who represented the Gwich'in Tribal Council during the proceeding, said she wasn't aware of anything pressing.
Kruger also cited article 12.9 of the council's bylaws, which states that "the board shall appoint a director from among the board as interim grand chief until such time as a byelection can be held. The council member that had appointed the director who became the interim grand chief shall appoint a replacement director, which director shall serve until a new grand chief is elected and the interim grand chief may resume their role as a director."
He said Blake Jr. would accept that ruling.
Dixon argued, however, that Kyikavichik felt that since a lawful election had not taken place, it wasn't clear if his term had ended and that removing him from the grand chief's office without a lawful election being held would not be fair.
In the end, the council provided an undertaking SA国际影视传媒� to hold a new election, pending an application to have the court declare the results. Ouellette ordered that Kyikavichik not serve as grand chief nor as a director with the council in the interim. He's also been ordered not to talk to Gwich'in members about the case.
That means the board will now have to name an interim grand chief.
Kyikavichik took to social media later on Wednesday afternoon and expressed his disappointed with the judge's decision, but stated that he respected it.
"Everything will see its way through SA国际影视传媒� I just ask that proper process be implemented and followed to ensure the voting rights of our participants is upheld in the selection of the grand chief position," he wrote.
Both sides are due back in court on Oct. 30.
