Paul Bickford
Northern News Services
Published Monday, January 14, 2008

FORT SMITH - A court decision has reinstated Frieda Martselos as chief of Salt River First Nation.

In May, Martselos was ousted as leader by the council of the Fort Smith-based band just a week after being elected, and she applied to the Federal Court of Canada for reinstatement.

The court has quashed a band council resolution removing Martselos from office.

In a decision released on Jan. 8, Justice Michel Beaudry wrote that the wishes of voters in the First Nation must be given due consideration.

"It is best that the voice of the electorate be respected and that the election process be given a chance to take effect," he wrote. "It is difficult to conceive that the applicant had a chance to fulfill her mandate within a week."

Beaudry noted that, while there was substantial conflict during Martselos' initial week in office, it is difficult to discern from the facts that it was all caused by her.

"It appears that both parties acted in such a way as to escalate the tensions," he wrote.

The judge does not think it can be said Martselos failed in her duty to ensure a stable, competent and efficient administration of the First Nation within one week of her election.

"She has surely misinterpreted her functions as chief, the role of council as an elected body and the role of the other councillors," he wrote. "I agree with the respondents that this created confusion, tension and stress. The other councillors cannot be faulted for trying to cope with such a difficult and delicate situation. In the end, the band did not suffer financial losses and there was no misappropriation of funds."

Asked how she felt about the court victory, Martselos responded, "I really feel that I was elected democratically by Salt River First Nation members, and it was the Salt River First Nation members who won."

She added she knew that she had not done anything wrong.

"I've always had a clear understanding of the role of the chief," she said, adding she will follow the list of duties for the chief in the band's Customary Election Regulations.

Martselos said she ran and was elected on a platform of accountability, transparency, open-door policy and open-book policy.

"That was my mandate," she said.

She was elected on April 30 and removed from office on May 7.

Mike Beaver, who had been acting chief since May, declined to comment on the court ruling.

The band council will hold its first meeting with Martselos back as chief on Jan. 14.

Martselos and council met informally on Jan. 9, and she described the meeting as very positive.

"I'm planning to be moving ahead on a positive new beginning," she said, adding there are no problems between herself and council.

She and council will move ahead for the betterment of all members of Salt River First Nation, she said. "That's exactly what we're all planning on doing."

The resolution removing Martselos was passed by four council members - Beaver, Toni Heron, Sonny MacDonald and Chris Bird.

The councillors objected to what they viewed as her autocratic manner and unilateral actions, such as removing band financial records to Edmonton for audit and firing the band's financial officer.

Martselos - who is married to Fort Smith Mayor Peter Martselos - was elected in a byelection and her term of office ends in August of this year.

Her removal in May sparked an eight-day protest sit-in/sleepover at the band office. She and supporters took over one section of the office building, while council and band employees stayed in the other half of the building.