Fort Smith (Mar 10/03) - A leadership dispute at Salt River First Nation in Fort Smith will drag out a little longer before being settled in court.

Five former band councillors are challenging their ouster in November.

It had been hoped the Federal Court of Canada would hear the matter Feb. 27.

However, a hearing has now been set for April 23 in Edmonton.

"I don't think anyone is happy to see it go this long," says Robert Philp, the lawyer for the respondents - Chief Victor Marie, the current council and acting band manager Jeannie Marie Jewell.

Philp says it's a complicated process involving many affidavits, adding that neither the parties nor the court are at fault for the delay. "It's a difficult case."

Christopher Harvey, the Vancouver lawyer representing the ousted councillors, says the delay was mainly because a judge was not available Feb. 27.

Former councillors Melvin Wanderingspirit, Delphine Beaulieu, Toni Heron, Raymond Beaver and Sonny MacDonald were voted out of office at a Nov. 3 special meeting, which they called to discuss the status of Chief Victor Marie. The former councillors had previously voted to oust Marie.

Harvey says the issue to be determined by the court is which vote is valid - the "purported election" of Nov. 3 or the general band election in August.

Marie's status as chief is not being challenged.

Meanwhile, Harvey has re-introduced an application to the court, asking it to appoint a receiver/manager to run the band's affairs.

No date has been set for a hearing.

The court dismissed such an application in January.

Harvey claims the current council is arranging loans to meet band expenses without the proper authority or approval from the court.

"We're trying to put a stop to that," he says.

However, Philp says that allegation is not accurate.

"Our position is we didn't need (a receiver-manager) in January. We don't need one in March," Philp says.

The band's accounts were frozen by the court on Jan. 10, except for regular payroll.