An NWT Supreme Court judge has dismissed a request to temporarily prevent Frederick “Sonny” Blake Jr from acting as Gwich’in grand chief and following through on several resolutions.
The Nihtat Gwich’in Council and Ehdiitat Gwich’in Council filed a legal challenge in February against Blake and representatives of the Gwichya Gwich’in Council and Tetł’it Gwich’in Council.
They argued a Gwich’in Tribal Council (GTC) board meeting held on February 3 in Edmonton was not valid and took issue with some resolutions passed at that meeting, including the firing of the chief executive officer. They also said they do not believe Blake has been officially sworn in as chief.
The applicants asked the NWT Supreme Court to issue an interim injunction preventing Blake from taking office until he is sworn in and preventing board members from acting on any of the resolutions.
They also asked the court to alter the GTC bylaws to require that directors from the Nihtat and Ehdiitat Gwich’in councils be in attendance for board meetings to meet quorum.
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On Wednesday morning, Justice Annie Piché rejected those requests.
No irreparable harm, judge finds
While Piché agreed with the applicants that the lack of discussion and legal advice before some board members passed the resolutions was not good governance, she found it had not caused irreparable harm.
She said the resolutions are not irreversible and some, such as the decision to grant Blake back pay and benefits retroactive to the August 2024 election, could be compensated by damages.
Piché added that board members had already agreed to abandon one resolution, to replace the directors of Gwich’in corporations, while another resolution, to reinstate funding to the Gwichya and Tetł’it Gwich’in councils, had been agreed upon ahead of the February 3 meeting.
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She said some resolutions, like the decision to appoint Blake “chairman” of the GTC rather than the “chair,” had not caused any harm.
Reversing all of the decisions, the judge added, could cause uncertainty.
Piché said directors do not have the right to a specific outcome but do have the right to voice their opinion and vote. She noted the applicants chose not to attend the February 3 meeting.
Harm of further delaying Blake from taking office
Piché further declined to prevent Blake from acting as grand chief, saying it would cause greater harm to him and Gwich’in participants.
The judge noted all parties have agreed Blake was duly elected as chief. She questioned how allowing him to act in that role would cause irreparable harm.
“Mr Blake is the one they chose to lead the GTC,” she said.
“It could be detrimental to the Gwich’in to prevent Blake from assuming office any longer.”
Piché also declined to alter the Gwich’in bylaws regarding the requirements for quorum, saying to do so could “paralyze” the management of the GTC if directors don’t show up to meetings.
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No clean hands
In her closing remarks, Piché said while there had been “a lot of finger-pointing and blaming the other side,” no party’s hands were clean and they shared responsibility for the situation they find themselves in.
The judge said while the actions of board members at the February 3 meeting did not demonstrate good governance, there was also evidence the applicants had taken deliberate actions aimed at preventing Blake from taking office.
Piché said she hoped her decision would deter anyone from engaging in bad behaviour going forward.
Despite Wednesday’s decision, the dispute is still not over.
One remaining issue is whether the court should enforce a settlement agreement.
The terms of that agreement include that a special assembly be held to swear in Blake as grand chief, and that the disputed resolutions from the February 3 meeting be reconsidered at a board hearing.
While Blake and the directors of the Nihtat and Ehdiitat Gwich’in councils have all signed the agreement, at least one other party has not.
A two-day hearing has been scheduled to begin on May 13.
