Frederick Blake Jr is challenging the Gwich’in Tribal Council’s handling of its grand chief election in NWT Supreme Court, where a judge on Wednesday barred Ken Kyikavichik from acting in the role until the case is heard.
The tribal council also agreed not to hold any new election for grand chief until the case concludes.
The preliminary result of the August 19 election indicated Blake would be the new grand chief after he won 604 votes to incumbent Kyikavichik’s 515.
Kyikavichik filed an appeal alleging various election violations. The timing of a lawsuit against the tribal council had been intended to damage his campaign, he claimed, while social media posts by people associated with Blake’s campaign were “intended to harm or lower” his reputation, there had been “bullying and intimidation” of voters, and he believed Blake had exceeded the $10,000 campaign spending limit.
An elections committee found Kyikavichik’s complaint was unfounded and recommended that it be dismissed. The Gwich’in Tribal Council board of directors, however, found the complaint sufficient to overturn the results of the election. The board pledged to hold a new election “as soon as possible.”
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On Wednesday, Blake challenged the board’s decision in court and asked a judge to declare instead that he is the duly elected grand chief.
Court order on Kyikavichik’s role
Blake had asked for a court injunction preventing the Gwich’in Tribal Council from taking steps to hold a new election. In court on Wednesday afternoon, the tribal council instead agreed to an undertaking not to do so until the court case is resolved.
Blake also sought a court order preventing Kyikavichik from acting as grand chief or directing the tribal council’s board until the court has made a decision in the case.
Blake’s lawyer, Toby Kruger, stressed the urgency of the matter, saying Blake and Kyikavichik have “very different visions” for the Gwich’in Tribal Council.
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He argued that under Kyikavichik’s continued leadership, “fundamental decisions” would be made with which the majority of voters do not agree, pointing to resolutions passed at the Gwich’in Annual Assembly.
“There is no doubt that the results of the election were clearly in favour of Mr Blake,” Kruger said, arguing that under Gwich’in Tribal Council bylaws, Kyikavichik’s four-year term as grand chief had expired.
Jamie Dickson, the lawyer representing Kyikavichik, said it was not “crystal clear” that his client’s term has ended.
Dickson argued the court’s role in Gwich’in Tribal Council governance had not been established. He also said it is common during election appeal periods for chiefs to act in a caretaker role, where no major decisions are made. Kyikavichik, he said, should not be prevented from doing the same.
“The bylaws are silent on what happens in this situation,” Dickson said, adding that a court order barring Kyikavichik from acting as chief would give Blake “a win” before a full hearing was held on the matter.
Deputy Justice Vital Ouellette sided with Blake and granted the order.
He said Kyikavichik can challenge the order, but believed that would “be a waste of time” given the case will be resolved in a few months.
Decision ‘disappointing,’ Kyikavichik says
In a Facebook post, Kyikavichik said the court order barring him from acting as grand chief until the case concludes was “disappointing” but he respected the ruling.
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“Everything will see its way through. I just ask that proper process be implemented and followed to ensure the voting rights of our participants is upheld in the selection of the grand chief position,” he wrote.
“I can go back to being a husband, father, jijii, son, brother, uncle and sihjaa (friend) now for the time being.”
A full-day hearing on Blake’s application is set to take place on October 30.
