Paul Bickford
Northern News Services

Snowdrift (Oct 28/05) - Archie Catholique has lost a court challenge to his ouster earlier this year as chief of Lutsel K'e Dene First Nation.

On Oct. 25, the Federal Court of Canada ruled Catholique was removed from office "according to the custom" of the band.

"There are no grounds, in my view, to conclude that the applicant was denied procedural fairness or natural justice in his removal from office," wrote Justice Richard Mosley.

However, the judge recognized Catholique has "legitimate concern that constant recourse to the electoral process to resolve grievances within the community may contribute to its instability."

The case has its origins in Catholique's ouster as chief in early February.

The band council, which Catholique had taken to court, said in a news release that "the court agreed that the time-honoured tradition of the membership to recall its elected officials by votes of non-confidence was an established custom."

Acting band manager Ray Griffith said the council would make no further comment other than the news release.

Despite repeated attempts, Catholique could not be contacted last week.

Garth Wallbridge, one of Catholique's legal counsel, said the lawyers and client have yet to get together to discuss the ruling.

"We really don't have a comment or an opinion at this time," Wallbridge said.

The lawyer also declined to speculate whether the ruling might be appealed.