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NWT - Three Tlicho chiefs have filed a lawsuit against their fellow government members over a law passed more than a year ago.

They say it broke the Tlicho constitution and effectively makes them powerless.

The members of the Tlicho assembly, led by Grand Chief George Mackenzie (middle front row), face a lawsuit launched from Chief Henry Gon (front, far right), Chief Leon Lafferty (fourth from left) and Chief Charlie J. Nitsiza (second from left). - photo courtesy of Tlicho Government

Chief Leon Lafferty, Chief Henry Gon and Chief Charlie J. Nitsiza, who represent Behchoko, Whati, and Gameti respectively, served notice of the lawsuit to the 13-member Tlicho assembly during a regular meeting on Jan. 27, which was then immediately adjourned.

The Northwest Territories Supreme Court will hear the case. Both parties have hired a law firm and are working on a arranging a court date.

The point of contention centres on the Future Chiefs Executive Council Meeting Law that was passed by the assembly in November 2007. The law, which was passed by consensus, effectively terminated the Chiefs' Executive Council (CEC) that the three chiefs along with Chief Charlie Football of Wekweeti and Grand Chief George Mackenzie sat on, which was charged with the responsibility of overseeing Tlicho laws.

The controversial law came after a longstanding feud between the three chiefs and Grand Chief Mackenzie. The trio, who attempted to lead a no-confidence vote against Mackenzie, refused to attend regular CEC meetings with the Grand Chief. Mackenzie said the assembly had no other choice but to dismantle the council, leaving the assembly with its responsibilities.

"Because they said they would not attend meetings, that power delegated to them went back to the assembly," said Mackenzie. "The 13 of us gave that responsibility. We had it in the first place, anyway."

Speaking on behalf of the three chiefs, Lafferty said the assembly's move to abolish the CEC should have followed proper procedures set out in the constitution, which includes introducing the law, discussing it and then holding an assembly vote.

Now, he said, the Tlicho people themselves should decide on whether they want the CEC reinstated, adding there are no longer any formal checks and balances on the government, especially concerning expenditures.

"The people have to approve it," he said. "Let's bring it to the people. Let's follow the proper procedures."

Last June, the three chiefs lost their appeal to the assembly to have the law overturned by a vote of 10 to 3.

Lafferty said that if the group loses its current lawsuit, they take it to the federal Supreme Court.

"I will not stop fighting this," he said.