Fort Smith (June 02/03) - Five ousted band councillors of Salt River First Nation have won their case for reinstatement.

In a May 29 decision, Federal Court of Canada Judge Paul Rouleau ruled a "purported" election at a special meeting on Nov. 3, 2002 -- in which the five councillors were dismissed and replaced -- breached fundamental principles of natural justice and fairness.

Rouleau, who held an April 28 hearing on the case in Edmonton, declared the November vote null and void.

"It is imperative that reasonable notice be given to the members of a First Nation of an election of its leaders," the judge wrote. "Where notice is not given, the effect is to disenfranchise the electors who do not happen to be at the place of the election at the relevant time. That is what happened here."

Rouleau stated the Nov. 3 election was "the exercise of the will of a small rump group of the SRFN who took advantage of the absence of the vast majority of the members."

SRFN Chief Victor Marie immediately appealed the decision.

"I'm very disappointed the ruling came that way," says Marie, noting it takes away from First Nations' inherent right to custom elections and self-government.

The ruling sets a dangerous precedent for First Nations across Canada, he adds. "That's a big thing."

Members of the SRFN have established their own custom election rules in the past, he says. "They have the right to govern themselves in whatever manner they feel."

Marie says the November council will remain in place until the appeal is heard. "Everything kind of remains the same." However, that is not the view of Christopher Harvey, the Vancouver lawyer representing the reinstated councillors.

"The judgement takes effect from the minute it is pronounced, unless there is a stay of the judgement, which I think is very unlikely," Harvey says, noting a stay would require another court hearing.

The five ousted councillors are resuming their duties, he says. "They're the council."

His clients are very happy with the court decision, Harvey adds. "They say it's a great victory for democracy." The lawyer estimates the chance of the appeal being successful as "somewhere between minimal and zero."

Marie said he hopes the appeal can be concluded soon, because he says the band has a lot of healing to do.

The November vote had ousted Melvin Wanderingspirit, Delphine Beaulieu, Toni Heron, Raymond Beaver and Sonny MacDonald, who were originally elected to council in a general band election on Aug. 30, 2002.

They had called the November meeting to discuss the status of Marie, whom they had previously voted to remove from office.

The respondents in the case were Marie, interim band manager Jeannie Marie Jewell and the councillors selected at the November meeting - Nora Beaver, David Gowans, Connie Benwell, Michel Bjornson, Harvey Lepine and Don Tourangeau.

The status of Marie and Councillor Norman Starr, who had been elected in the August vote, was not challenged in the legal action.