Paul Bickford
Northern News Services
Published Monday, January 21, 2008

FORT SMITH - The court battle over the leadership of Salt River First Nation is not finished yet.

On Jan. 8, a Federal Court of Canada judge reinstated Frieda Martselos as chief of the Fort Smith-based band. She had been ousted by the band council in May after just a week in office.

However, the council has decided to appeal that ruling to the Federal Court of Appeal.

"The reason why we wanted to take it to the Court of Appeal is, the way we see it, the judge wasn't fair to us because he pushed our election code aside," said Mike Beaver, one of the four coun. who voted to oust Martselos on May 7.

The band's election code, known as the Customary Election Regulations, outlines the duties and responsibilities of the chief and council.

Beaver, who was acting chief during the eight months Martselos was ousted, said the judge also disregarded the 21 articles of impeachment against Martselos and quashed the band council resolution (BCR) which removed her as chief.

All First Nations across Canada use BCRs and they are very important documents, he said. "If we don't do anything about it, (the ruling) would set a precedent for all First Nations across Canada."

In his ruling, Justice Michel Beaudry wrote that the wishes of the First Nation's voters who elected Martselos must be given due consideration, adding, "It is difficult to conceive that the applicant had a chance to fulfil her mandate within a week."

However, Beaver said the amount of time Martselos was in office is irrelevant and the council had to respond to her actions.

"You've got to fix it as soon as possible," he said.

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

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

Beaver is not sure how long the appeal will take.

Martselos will remain chief during the appeal process.

She said she really doesn't have a reaction to the four coun.' decision to appeal the judge's decision.

"There's a Federal Court ruling in place," she said. "I'm going to fulfil my mandate of accountability and transparency."

She also vowed to ensure that the concerns of the First Nation's members are heard and to work on their behalf.

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

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

Beaver said the council and Martselos have been co-operating since her return and no problems have arisen.

"We hope that it will still run smoothly," he said.

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