Colville Lake (Dec 22/03) - A big question mark hangs over the community of Colville Lake now that a federal court judge has ruled the band council's decision two years ago to remove their chief and one other councillor was illegal.

Chief Dora Duncan and her daughter Jennifer were removed from office by the community's band council, Nov. 23, 2001. The reason given at the time was that the Duncans missed three consecutive council meetings, they forfeited their right to stay in office.

But on Nov. 25, 2003, Justice Frederick E. Gibson of the Federal Court of Canada ruled that Colville's band council failed to provide proper notice to the Duncans of their imminent removal.

He wrote that, while Chief Duncan was likely aware of when the meetings were being held, she was "given no notice that she would be required to defend herself against a proposal to remove her from office."

He was even more critical of Jennifer Duncan's removal as band councillor, stating that she "had absolutely no opportunity to present her case."

Jennifer Duncan was attending law school in Vancouver at the time the three meetings were held - Sept. 20, Oct. 17 and Nov. 9, 2001. In his judicial review, Gibson stated it was unlikely Jennifer Duncan was even aware the meetings were being held.

He also stated that, because the community was aware Jennifer would be attending law school following the election on Aug. 8, 2001, council's argument, that they could remove her because she didn't ask for a leave of absence, was invalid.

It was a bumpy ride for the Duncans right from the start. Chief Duncan beat out 16-year incumbent Richard Kochon by a vote of 35 to 28 but problems arose almost immediately.

Controversy erupted a week after the election when band manager Joseph Kochon -- the former chief's brother -- left his job. Duncan claimed that he had resigned, while he maintained that he was merely taking a leave of office.

Over the next three months, opposing band councillors accused Chief Duncan of being obstinate and unwilling to work with them, while Duncan accused her predecessor, Richard Kochon, and his supporters of cooking the books and attempting to deliberately sabotage her administration.

Nonetheless, band councillor Alvin Orlias was conciliatory when asked what he thought of the judge's ruling.

"It was fair," said Orlias. "He was kind of in a tight spot, he couldn't rule either way."

While Gibson ruled that the Duncans should be allowed to return to office, he turned down their request for compensation for lost benefits and wages, stating that it was beyond the federal court's "scope of relief."

As to chances of the Duncans resuming their duties as chief and councillor, Orlias said he has yet to hear from them on the subject.

Jennifer Duncan is currently in Vancouver attending her third year of law school. Dora Duncan is now residing in Edmonton.

"They still have to contact us and see what they want to do," said Orlias, noting that they have eight months to decide.

The next election in Colville Lake is scheduled for August. Sharon Tutcho has been acting as chief since Duncan's removal.

Asked whether she intends to come back to Colville and take her job back, Dora Duncan refused to comment. Jennifer Duncan also declined comment.