A lengthy legal battle playing out between many members of current and past Lower Nicola Indian Band council is nearing a resolution.
The Federal Court of Canada has dismissed an appeal that challenged the election of three members to Lower Nicola Indian Band council — two of whom are running in this Saturday’s election.
Mary June Coutlee and Robert Sterling Jr. were named in the appeal that alleged they, along with councillor Stuart Jackson, were not eligible to hold office based on a 2009 decision that had previously been ruled unlawful.
The 2010 Election Appeal Committee decision that removed Coutlee, Sterling and Jackson from office was based on the Elders Investigative Committee’s findings from the previous year that the eight members of band council from 2004 to 2007 breached fiduciary duties in authorizing some LNIB contracts.
The now-dismissed appeal alleged the members were not eligible for office because they did not disclose to the electoral officer that they had previously been removed from office based on that decision.
The appeal was filed despite the fact the Federal Court ruled the Elders Investigative Committee had no lawful power to remove any members of council or to bar anyone from holding office.
The appeal was dismissed entirely by Federal Court Justice John O’Keefe on Sept. 13, 2013.
LNIB law determines the eligibility rules for people running for office, and under LNIB custom election rules, other legal matters don’t disqualify any of the councillors for running for office in the future.
This latest decision can be appealed within 30 days by the original appeal filer, Charlene Joe.
Voting takes place at the Lower Nicola Indian Band Hall at Shulus from 9 a.m. to 8 p.m. this Saturday.
