Members of the Lower Nicola Indian Band heard some long-awaited news last week when a Federal Court judgement arrived recognizing the original chief and council elected on Oct. 2, 2010.

In his judgment released on Sept. 23, Justice John O’Keefe struck down a decision by the LNIB Election Appeal Council, which found three councillors to be ineligible to run in the October election and declared their election as null and void. By doing so, O’Keefe recognized Victor York as chief, with Harold Joe, Mary June Coutlee, Lucinda Seward, Joanne Lafferty, Stuart Jackson, Robert Sterling Jr. and Molly Toodlican as the seven councillors, however he ordered that a petition by Charlene Joe be reviewed by a new council of Elders.

Inside the Band office on Friday, the news prompted cheers and tears from some Band members.

“There’s been a dark cloud hanging over our heads for so long and now, like the blue skies that we see out there and the sunshine, there is hope,” said LNIB interim executive director Arnie Narcisse. “It’s been very emotional for a lot of people – especially the people that were exonerated.”

On Dec. 1, 2010, a council of LNIB Elders selected to review petitions that were submitted following the Oct. 2 election issued an order that found Mary June Coutlee, Stuart Jackson and Robert Sterling ineligible to run and declared their elections as null and void. The order also appointed three new councillors – Charlene Joe, Mary Garcia and David Clayton – who they said would have been elected but for the dishonesty of other candidates. These orders were among those set aside by O’Keefe’s judgement.

“Things are coming to a head now and we finally have the ability to deal with them and move forward,” said Narcisse. “This has created quite a division in the community and it will take some time to get over.”

Narcisse said the next step will be to find a new electoral officer to call a new Elders council, though a newsletter sent out by Chief Victor York indicates that he has already contacted Electoral Officer Fred Schiffner asking his office to call a meeting of eligible Elders.

York did not respond to requests for an interview by press time. However, in a June interview with the Herald, York said that after the judge’s decision he would try to heal things and help the Band move forward. Though he has not been present at LNIB council meetings, York said that he has been actively negotiating on behalf of the Band on various projects.

News of the court decision came only days after a presentation from accounting firm KPMG, which gave a report of a forensic audit. The report found that amounts paid to councillors in question from the LNIB bank account from Oct. 2004 to Oct. 2007 on an annual basis appeared to be consistent with expenditures covered under INAC (now Aboriginal Affairs and Northern Development Canada) and do not represent a misuse of INAC funds.