A 2023 acclamation resulting from a designated Gwich'in organization election in Tsiigehtchic will stand, but the Gwichya Gwich'in Council (GGC) has four months to produce financial statements going back to 2017.

That's the conclusion of NWT Supreme Court Justice Sheila MacPherson, who laid down her decree on Dec. 6. The decision concludes an ongoing dispute between the Gwich'in Tribal Council and the GGC over a series of clashes between leadership.

"I direct financial statements for the period 2017 to 2023 be produced and made available to all GGC members, and to the GTC, within four months of the date of this decision," wrote MacPherson. "The GGC may make the financial statements available to members by posting a notice on the Tsiigehtchic Facebook page advising as to the availability of the financial statements for any members interested.

"As well, the GGC shall provide copies of the financial statements to any members who request them through calling the GGC office."

A second element of the GTC's complaint disputing the acclamation of Mavis Clark as GGC president was dismissed.

Following a certified financial audit and an in-camera session during the 2022 annual general meeting, Clark was suspended by the GTC board of directors from serving as a director of the GTC, for life, on Oct. 5, 2022. The financial audit has since been turned over to the NWT .

While the GTC asserted that this called Clark's eligibility to stand for office into question, MacPherson concluded the standing GGC election bylaw was too vague in its wording to draw such a conclusion and ruled in favour of Clark.

GGC bylaw number 1 states that to be eligible to stand for office, a candidate must be in good standing "with the GGC and its affiliates and/or the GTC and its affiliates." MacPherson said there was no way to read the law as definitively meaning being in good standing with both entities or simply being in good standing with one or the other.

Clark was acclaimed after her lone opponent, Alison Cardinal, dropped out of the 2023 race. Cardinal later joined the GTC in filing the court complaint, alleging an unfair election because Clark and the deputy returning officer, Shawna Nerysoo, were friends.

However, MacPherson said there no evidence to suggest any wrongdoing during the election, noting Nerysoo had previous overseen the GTC's previous election without issue.

"It is not unusual in small Northern communities for people to know each other and have friendships," the judge wrote. "The uncontested evidence is that she was the only applicant for the position and that Ms. Clark did no more than pass on her application to council. As well, the fact Ms. Nerysoo had previously run a GTC election would further support the decision to hire her."

Another aspect of the GTC's complaint against the Gwichya Gwich'in was that the election was invalid because only people who had lived in Tsiigehtchic for a year or longer were allowed to run for office or vote. That grievance was also dismissed.

While noting the only classifications for Gwich'in participants under the Gwich'in Comprehensive Land Claim Agreement were those above and below the age of 18, MacPherson added a 2024 Supreme Court of Canada decision involving the Vuntun Gwichin Government in Yukon concluded individual Indigenous communities have the right to add provisions as they see fit. She further noted that while more than half of GGC participants currently do not live in Tsiigehtchic and are therefore excluded from general elections, they are still able to attend the AGMs and could change the bylaw at any time. The bylaw requiring residency was passed in 2019.

"It is up to participant members to dictate a residency requirement and it is equally up to those participant members to amend the bylaws to remove the residency requirement," MacPherson wrote.