Acho Dene Koe First Nation (ADKFN) will not be joining the federal government in appealing a ruling that the First Nation did not have authority to postpone its latest band election.
The ruling could set a precedent for future disputes, which is likely why the federal government has chosen to appeal.
For its part, ADKFN writes in a press release that there will be no repercussions on the First Nation no matter the decision of the appeal. Therefore it is following its legal counsel’s recommendation to not join the federal governments appeal process.
ADKFN delayed the election twice, extending it nearly a year later than initially scheduled, claiming it was because of the pandemic. This was following federal legislation adopted in March 2020.
Floyd Bertrand, a former chief of ADKFN and current member, filed a lawsuit claiming the First Nation did not have the right to postpone, without consulting its membership.
On April 1, 2021 Justice Sébastien Grammond wrote in his decision, the council of ADKFN did not have the authority to delay the election because the First Nation’s elections are not governed by the Indian Act.
The judge then ruled against Bertrand’s other requests, including the removal of those in office, as the election will be held in the coming weeks.
