Panel upholds election of Délı̨nę leader following complaints

An independent panel has upheld Kirk Dolphus’ election as Ɂek’wahtı̨dǝ́, or leader of the Délı̨nę Got’ı̨nę Government, following complaints alleging he was ineligible to run for office as he faces a criminal charge.

Dolphus was elected as Ɂek’wahtı̨dǝ́ in July with 138 votes, defeating incumbent candidate Danny Gaudet who received 121 votes.

Following his election, four people submitted complaints raising concerns that Dolphus was ineligible to serve as Ɂek’wahtı̨dǝ́ as he faces an assault charge, as first reported by NNSL.

The complainants requested that Dene K’ǝ Dats’eredı Kǝ, or the independent justice council for the Délı̨nę Got’ı̨nę Government, review election rules and processes to determine Dolphus’ eligibility.

In response to the complaints, Dolphus told the justice council he was innocent of the charge when he ran for office.

Dolphus added that the Délı̨nę Got’ı̨nę Government’s Election Act states a candidate is not eligible to run for Ɂek’wahtı̨dǝ́ only if they have been convicted of an indictable offence in the 10 years prior to election day. He said he has not been convicted of an indictable offence in the past decade.

In a decision late last month, a four-person justice council panel sided with Dolphus and determined that there was no need to overturn the election results.

The panel said while Dolphus did not submit a criminal record check, his court record does not include any convictions for indictable offences over the past 10 years.

The panel added that even if Dolphus is convicted of the assault charge he is currently facing, it is a summary offence, and he would therefore still be eligible to serve as Ɂek’wahtı̨dǝ́.

Indictable offences are more serious than summary offences and often come with harsher sentences.

According to court records, Dolphus is currently facing one count of assaulting a man in Délı̨nę on April 5. He has pleaded not guilty to the charge.

Another man is listed as a co-accused in the case and is facing charges of assaulting the same man and stealing his cell phone.

Dolphus declined Cabin Radio’s request for comment.

In its decision, the panel issued two non-binding recommendations to the Délı̨nę Got’ı̨nę Government that it consider requiring candidates to submit record checks as part of the election process and that it periodically review election eligibility criteria.

The panel said such reviews should include input from the Délı̨nę ʔǫhda K’áowǝ Kǝ, or Elders Council, to ensure Sahtúot’ı̨nę values, customs and traditions are incorporated.