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SRFN power struggle hits Federal Court

Paul Bickford
Northern News Services


Fort Smith (Jan 20/03) - Five ousted councillors of Salt River First Nation are asking a court to appoint a receiver-manager for band affairs.

The application will be heard by the Federal Court of Canada in Vancouver today.

The request is part of the former councillors' legal challenge to their removal from office in a power struggle at the Fort Smith band.

John Bayly, a Yellowknife lawyer for the former councillors, says lawyers and the court will discuss the application on how best to protect the assets of the band while litigation proceeds.

The application also asks for a 14-day interim injunction against Chief Victor Marie, the current council and acting band manager Jeannie Marie Jewell from presenting themselves as SRFN officials.

Bayly said the Vancouver hearing is not about the actual challenge to the former councillors' removal, but is an interim measure while that case proceeds. No trial date has been set in the civil matter.

The former councillors are seeking to overturn the results of a Nov. 3 special band meeting in which they were ousted and replaced by new councillors.

They are also asking the court to declare that Marie was properly removed from office by council on Oct. 9.

The court application names the respondents as Marie, the current councillors, Marie Jewell, the SRFN, the minister of Indian Affairs and Northern Development, and the attorney general of Canada.