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Former chief's civil case may go to court soon

Paul Bickford
Northern News Services
Published Monday, January 30, 2012

DENINU KU'E/FORT RESOLUTION
After more than four years, a civil suit by an ousted chief in Fort Resolution is expected to finally be heard in court this year.

In November 2007, Bill Norn sued Deninu Ku'e First Nation (DKFN) for wrongful dismissal after the band council had suspended him earlier that year.

Norn's lawyer, Steven Cooper of Edmonton, said he expects the case will be heard this year in the Supreme Court of the NWT.

"Almost certainly before the end of this year we should have both the trial done and a decision, I would think," Cooper said.

No date has yet been set for a trial, which Cooper estimated could take a week or two.

Chief Louis Balsillie is also hoping the matter will be wrapped up this year.

"It's been over four years," he said. "So it will be nice if it was over with and dealt with."

Balsillie noted the band's lawyer is saying the case may be heard in May or June.

Norn has been instructed by his lawyers not to talk to the media about the court case.

On Feb. 10, there will be a procedural hearing in Yellowknife.

"We take the position that we're ready for trial," Cooper said. One of the reasons for the lengthy amount of time between filing the lawsuit and trial is Norn's former lawyer retired in the intervening years.

Norn was elected in February 2007 to a four-year term as chief.

A statement of claim filed with the court argued that he carried out his duties as chief within the authority granted to that office, which has an annual salary of $90,000.

In July 2007, band council passed a motion to suspend Norn as chief and he stopped receiving the salary.

His statement of claim quoted the band's customary election regulations that a chief or councillor may be removed from office on specified grounds, with a petition signed by at least 50 electors and by a council resolution.

It continued that no grounds existed for Norn's removal from office and no petition was signed nor presented to council.

The former chief is asking the court to declare his termination invalid, and he is seeking compensation for loss of salary and benefits - $315,000 - for the 42 months that remained in his term of office at the time of his suspension. He also wants unspecified compensation for loss of benefits associated with his position as chief and damages to his reputation and standing in the community.

In its statement of defence, DKFN claimed Norn did not properly carry out his duties as chief.

"His consistent disregard for DKFN administration procedures, policies and authority of council was irresponsible," the statement of defence reads.

It also claims Norn was suspended because of suspicions of misuse and misappropriation of DKFN funds, and that those concerns were heightened by an audit report in November 2007.

The next month, council removed him from office.

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