The Nihtat Gwich’in Council and Ehdiitat Gwich’in Council are challenging the validity of a Gwich’in Tribal Council board meeting.
The organizations, which represent Gwich’in members in Inuvik and Aklavik, began legal action in NWT Supreme Court earlier this month against Gwich’in Grand Chief Frederick Blake Jr and representatives of Tsiigehtchic’s Gwichya Gwich’in Council and Fort McPherson’s Tetł’it Gwich’in Council, as first reported by the CBC.
The Inuvik and Aklavik councils argue that Blake did not give proper notice of a GTC board meeting held on February 3 in Edmonton.
They further claim the meeting did not meet quorum as representatives of the Nihtat Gwich’in Council and Ehdiitat Gwich’in Council were not present.
According to court documents, Blake sent an email to the GTC’s board of directors on January 22 giving notice of the special board meeting.
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The Nihtat Gwich’in Council and Ehdiitat Gwich’in Council argue Blake did not have the authority to do so at the time, as he had not yet been confirmed as grand chief.
In a decision on January 14, the NWT Supreme Court ruled that Blake had been duly elected as grand chief after the result of last year’s disputed election had been overturned by the tribal council’s board.
Blake took part in a swearing-in ceremony in Tsiigehtchic on January 31, while the board had voted to postpone a special assembly – at which that swearing-in was originally set to take place – until March. That left the validity of the swearing-in uncertain.
The Nihtat Gwich’in Council and Ehdiitat Gwich’in Council said they were not aware the February board meeting in Edmonton had gone ahead against their objections.
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At the contested meeting, court documents state, attendees approved a total of 20 motions – including one to terminate the tribal council’s chief executive officer and another to reinstate funding to the Gwichya Gwich’in Council and Tetł’it Gwich’in Council.
Other motions passed granted Blake back pay and benefits retroactive to August 19, directed Blake to review and manage all GTC employee contracts, and changed the GTC’s lawyers to Alberta Counsel, a law firm which has represented Blake.
The Nihtat Gwich’in Council and Ehdiitat Gwich’in Council claim any actions taken in support of those motions are unlawful and interfere with and circumvent the GTC’s established governance process.
In an affidavit, Michael Greenland – who was appointed interim grand chief of the GTC during the election dispute – said he was concerned that if the motions take effect, they could “damage the credibility of the Gwich’in institutions, undermine employee goodwill and harm organizational morale and stability.”
“I am also concerned that Gwich’in, including in my own community of Ehdiitat, would not believe that their elected officials are acting with their best interest in mind,” Greenland wrote.
The legal challenge asks that the court restrain the respondents from conducting GTC business without a quorum of board directors, that the quorum include at least one director from each of the Nihtat Gwich’in and Ehdiitat Gwich’in councils, and that the court prevent Blake from acting as grand chief until he is sworn in.
Blake and the other people listed in the legal challenge have yet to officially respond.
The matter is set to be heard in NWT Supreme Court in Yellowknife on March 7.
