Jorge Barrera
Northern News Services

Colville Lake (June 03/02) - An Ottawa judge has put a stop to a byelection in one of the territory's smallest communities, giving an ousted chief and councillor their first victory in a bitter nine-month dispute.

Federal Court Justice Edmond Blanchard ruled last month that a scheduled May 21 election would cause "irreparable harm" to the community of Colville Lake if it goes ahead without a settlement to the dispute.

Former band chief Dora Duncan and her daughter Jennifer Duncan are fighting a Nov. 19 band council resolution that kicked them off band council.

They claim the resolution is illegal and want it overturned.

Blanchard ruled May 17 that electing a new band council before the dispute is settled could damage the community's confidence in democracy should the Duncans win.

Jennifer Duncan, who is now executive assistance to Dene Nation Chief Bill Erasmus in Yellowknife, said neither she nor her mother or their lawyer will comment on the decision until the case reaches a conclusion.

Current Colville Lake Chief Sharon Tutcho said the community just wants the conflict to end.

"The public is frustrated," said Tutcho. "They don't like (the ruling). They wanted an election to be done right away."

Tutcho said the band held public meetings last Wednesday and Thursday to decide what to do.

The case of the Duncans versus the Band Council of Behdzi Ahda First Nation is a messy saga of blood ties and politics in a community of fewer than 100 people.

Dora Duncan beat 16-year chief Richard Kochon in an Aug. 8 election by a vote of 35 to 28. Kochon's brother and band manager, Joseph Kochon, resigned less than a week later.

Duncan said she tried to set the band's house in order and accused the Kochons of corruption and trying to sabotage reforms by stirring up dissent within the community.

Some councillors and staff said the new chief was dictatorial, patronizing and belligerent. On Nov. 19 they moved to kick her and her daughter out of office, claiming the Duncans missed three meetings in a row.

The Department of Indian Affairs approved the dismissal.

Department officials could not be reached for comment by press time.

The Duncans filed for a judgment to overturn the move in federal court on Dec. 14, claiming the band did not give them proper notice for the meetings.