Jorge Barrera
Northern News Services

Colville Lake (Mar 18/02) - The band manger from one of territory's smallest communities, which is locked in a muddled feud before the courts, recently submitted his side of the story in a sworn affidavit.

It doesn't make the picture any clearer.

Joseph Kochon, band manager of the Colville Lake Behdzi Ahda First Nation, submitted an affidavit on Feb. 8 to the Federal Court trial division stating his case against deposed chief and councillor Dora Duncan and Jennifer Duncan.

The duo asked a Federal Court judge to rule their removal from office last Nov. 19 was illegitimate, according to documents filed Dec. 14.

The feud has simmered since Aug. 8, when Dora Duncan beat the band manager's brother, 16-year chief Richard Kochon, in a 35-28 vote.

Since then, Dora Duncan locked horns with her council and accused the band management of corruption and chronic mismanagement, even taking the band's books to the RCMP.

Band employees and councillors have accused her of being pugnacious, patronizing and deaf to their opinions. Both sides scrapped in the media, each claiming the truth and the label of victim.

Now before the sober eye of the courts, the whole conflict hinges on a series of council meetings the band said the Duncans missed and used to base their motion to dismiss them.

The motion does not provide the dates to the missed meetings.

The Duncans state in their affidavits the band did not follow proper procedure in calling those meetings. Kochon's affidavit states otherwise.

In his affidavit Kochon states the Duncans missed meetings on Sept. 20, Oct. 17, Nov. 9 and Nov. 19. He said he contacted Jennifer Duncanon, who was in Vancouver attending law school, Sept. 18 and tried to contact Dora Duncan on that date about the meeting.

According to the Department of Municipal and Community Affairs, 48 hours public notice is required for council meetings.

Dora Duncan states she never attended the Sept. 20 meeting because it was understood they wouldn't meet quorum. Jennifer Duncan said she was informed on Sept. 19 about the meeting, briefly joined in by phone on Sept. 20 but quorum wasn't met, and took part in the rescheduled meeting on Sept. 24 along with Dora Duncan.

Kochon states he informed Dora Duncan about an Oct. 17 meeting on Oct. 15 and Jennifer Duncan could not be notified of the meeting because she didn't leave a phone number or written request to be informed of meetings at the band office -- a reason repeated for following missed meetings.

Dora Duncan states she was never informed of the Oct. 15 meeting and was only informed as she stepped off an airplane on Oct. 17.

Kochon sated Dora Duncan refused to attend.

Kochon states Dora Duncan was informed on Nov. 5 about a Nov. 9 meeting.

The meeting is not mentioned in Dora and Jennifer Duncan's affidavits.

Minutes from that meeting were submitted by Kochon.

A notice for the Nov. 17 meeting was posted soon after the Nov. 9 meeting, stated Kochon.

That meeting was re-scheduled for lack of quorum to Nov. 19 when council passed the resolution to oust the Duncans.

The minutes from that meeting state " council was ... concerned that Ms. Duncan ... never meets with us or even speak to the people who have lost all confidence in her ...c ouncil raised the same concerns about ... Jennifer Duncan who did not request to be excused in writing ... we have no choice but to take extreme measures to resolve this matter (sic)."

Mention is made of a petition circulated in the community dated Sept. 10 and signed by 51 of the 63 eligible voters requesting the Duncans' removal.

Interim Chief Sharon Tutcho said she couldn't comment on the issue while it's before the courts.

The Duncans could not be reached for comment.

Jennifer Duncan moved back home to be with her mother.

No hearing date has been set.