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Tlicho chiefs lose in Supreme Court

Katie May
Northern News Services
Published Monday, June 8, 2009

BEHCHOKO/RAE-EDZO - The NWT Supreme Court has ruled against three Tlicho community chiefs who sued their government.

Chiefs from Behchoko, Gameti and Whati went to court over the Tlicho government's refusal to strike down a law that halted meetings of the Chiefs Executive Council, on which the three chiefs formed the majority.

The Tlicho government enacted a law suspending meetings of the council in fall 2007, just after Behchoko Chief Leon Lafferty, Gameti Chief Henry Gon and Whati Chief Charlie Nitsiza called for the resignation of Grand Chief George Mackenzie because they doubted his leadership ability and financial accountability.

The Tlicho Assembly rejected the chiefs' appeal to reinstate meetings of the council, elevating the case to the NWT Supreme Court.

On May 27, Supreme Court Justice J. Edward Richard issued a written decision explaining that the court would not hear the chiefs' case because he felt it had already gone through due process.

"This court cannot simply ignore the fact that the Tlicho Assembly has, under the constitution, already ruled on the validity of the impugned law," Richard's decision reads.

"I reiterate, however, that this court's decision is not concerned with who was right or wrong in the fall 2007 dispute or indeed whether anyone was right or wrong. This court's decision is concerned with the process to be followed for adjudicating on a challenge to the validity of a Tlicho law."

In a press release issued June 3, Grand Chief Mackenzie stated that the decision was a "very important victory for the Tlicho government" and expressed disappointment that the dispute had taken up more than a year of the assembly's time.

"The case has also set a very important precedent for how the courts should view their relationship to the Tlicho government and its institutions. This case is a victory for our ability to make decisions for ourselves and have the courts respect the decisions we make," the press release reads.

"Now it is time for these chiefs to put their disputes behind them and get working with the Tlicho government again."

Lafferty and Gon did not return calls before press time, while Nitsiza declined to comment on the decision.