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THEBACHA/FORT SMITH - A court ruling will not end the Salt River First Nation's political strife.

On March 30, arbitrator Kate Hurlburt of Edmonton ruled Chief Frieda Martselos breached the band's customary election regulations five times and influenced the outcome of the band election last August.

It's a decision Martselos says she plans to appeal.

David Poitras, who lost the position of chief to Martselos by 28 votes, along with Raymond Beaver and Toni Heron, who ran as councillors, were named as appellants in the appeal.

They raised dozens of allegations against Martselos for what they saw as defamatory and unfounded allegations during the election campaign.

Four separate oral hearings were held in Fort Smith from November 2008 to March 2009 to hear evidence and witness testimony. Of all the more than 20 allegations, Hurlburt found that Martselos breached five.

In one instance, she was found to have publicly overstated a December 2006 payment to Heron's daughter, Barb McArthur.

"The statement that Barb McArthur received $21,295 in December 2006 was a misrepresentation of the facts," wrote Hurlburt, who said the payment was around $6,000.

Another breach Hurlburt found was an unfounded allegation of favouritism against Heron. Martselos had accused Heron of giving a woman $41,850.50 from band funds for a motorized wheelchair and renovations to her house to have it accessible to the machine. She had insinuated it was done because the two women were friends, however, Hurlburt found the payment had been given by a previous administration.

Although the appeal targeted Martselos, Hurlburt determined that because of the support given her by councillors Gloria Villebrun, Bradley Laviolette and Fred Beaulieu they too should be removed from their positions.

A new election must now be held within 60 days of the ruling to fill the four vacant seats.

Some of the more serious allegations against Martselos - that she had made promises to pay people to for votes - Hurlburt wrote were also unfounded.

In the spring of 2004, the band enacted the election code, which also set out an election appeal arbitrator to hear election complaints.

Poitras said he was relieved by the decision.

"I got smeared quite a bit there in that last campaign and I feel vindicated," he said, adding he wants to run for chief again.

The decision effectively removes the chief and most council members, as there is only one "legally effective council member," said Poitras.

He said INAC will put in an interim manager to look after the band until the next election.

Martselos said the band was going to send out a document to the press about the arbitrator's decision and that she would fight it.

"Council has decided that they are going to appeal the decision to the federal court," she said, then declined further comment.

Poitras said according to their election code, there is only a very narrow avenue for appeal.

"She can't appeal the arbitrator's decision," he said. "She can only appeal if the arbitrator erred on a point of law or a point of justice."

Hurlbert, in her 55-page decision, wrote much of the evidence given in the hearing "illustrated the bitter political disputes that have plagued the Salt River First Nation at least since the Treaty Land Entitlement Agreement was ratified by a vote of the SRFN in 2002."

After a contentious campaign, Poitras said he's going to stick to his guns.

"My last platform was to move ahead and restoring unity and building trust, and get rid of the two sides," he said.

"There is only one band, one nation, and that's how it should be."