Paul Bickford
Northern News Services

Snowdrift (June 06/05) - Archie Catholique is back on the payroll of Lutsel K'e First Nation (LKFN).

Justice Paul Rouleau of the Federal Court of Canada ruled May 27 that the ousted chief's monthly salary be restored June 1. It was suspended in February.

Catholique is pleased with the judge's order, even though it is not retroactive. "I'm quite satisfied," he said.

Catholique has to provide an undertaking to reimburse the band if his legal bid to return as chief is unsuccessful.

LKFN lawyer Bill Rouse says it is unprecedented for a court to re-instate a salary before such a case is completed. "I've never seen it done before," he said.

A full hearing by the court has been set for Aug. 9 and 10.

Rouse notes the judge significantly "fast-tracked" proceedings.

The case has its origins in Catholique's disputed ouster as chief in late January. At about the same time, the membership replaced the rest of the council.

Since then Catholique has maintained he is still chief, arguing his ouster didn't follow the band's election code.

In mid-May, his lawyers obtained a court injunction stopping a planned election for a replacement.

Catholique is also objecting to the use of money from the band's Impact Benefit Agreement (IBA) with two diamond mining companies to help pay for the council's legal fight.

The band gets a total of $500,000 annually from BHP Billiton and Diavik Diamond Mines.

"They've taken $200,000 from there to pay legal fees," Catholique said, noting the decision was approved by only about 40 people at a membership meeting on May 27.

Catholique said he was not at that meeting, but has been contacted by members concerned about the allocation.

He says the benefit impact money is supposed to be used for cultural events, educational activities and gatherings.

Catholique noted he is using his own funds to fight the case, and has even taken out a personal loan.

Rouse says LKFN tradition has been to decide on benefit spending through special meetings.

As for Catholique's objections, the lawyer says the disputed chief or his supporters often talk to the bank or the media about the band's financial affairs. "It's one of the tactics used to de-stabilize the band's case."

Catholique notes the council has also allocated impact benefit money for a forensic audit of band finances, which he calls a waste of time. "They're not going to find anything."