A federal court judge has prohibited a Salt River First Nation attempt to remove its chief from office before a judicial review of her suspension concludes.
On April 4, councillors were set to decide whether to permanently remove Toni Heron as chief. That day, Justice Christine Pallotta ruled the meeting could not go ahead.
The judge also stayed a band council resolution banning Heron from being in the First Nation’s offices and interfering with its day-to-day business.
The ruling is the latest in a legal battle between Heron and several of the First Nation’s councillors. She was elected chief in September 2022.
Less than a month after the election, councillors voted to suspend Heron for 60 days without pay. They have since extended that suspension several times. Heron, meanwhile, attempted to remove two councillors from office.
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Last month, the federal court granted Heron a judicial review of council’s initial decision to suspend her – and subsequent extensions of that decision – finding they were procedurally unfair and unreasonable.
The court also granted Heron compensation for the salary she would have received had she not been suspended.
Eight days later, in a five-to-one vote, councillors passed a resolution banning Heron from the First Nation’s conference centre and offices. The resolution also ordered her not to interfere with the First Nation’s business.
Councillors also scheduled the April 4 special meeting to remove Heron from office.
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The First Nation argued that Heron’s conduct since the federal court’s ruling had caused public confusion about whether she was still suspended from office, as well as ambiguity over who speaks for the First Nation.
The First Nation alleged Heron had tried to change the signing authority on the First Nation’s bank account and attended a meeting with MLAs, the Smith’s Landing First Nation and the Town of Fort Smith as chief of the Salt River First Nation.
The First Nation said if the federal court were to stay the band council resolution, the court would be inappropriately interfering with the internal governance of a sovereign First Nation.
Heron told the court allowing the resolution to stand would cause her irreparable harm.
In her decision last week, Justice Pallotta ruled in Heron’s favour.
Pallotta stayed the band council resolution until the outcome of the judicial review is complete.
Pallotta declined, however, to prohibit the First Nation from taking more action, such as further suspensions and sanctions against Heron.
Neither Heron nor the First Nation immediately responded to a request for comment.
