Gwich’in Tribal Council dispute can proceed to a full trial, rules judge

As the NWT Supreme Court rules a legal dispute between Gwich’in Tribal Council (GTC) leaders can proceed to trial, the person at the centre of the legal storm has denied the allegations made against him.

In the latest chapter in the long-running Beaufort Delta saga, on Thursday, Justice Annie Piché granted the applicants’ procedural request to have the matter proceed with a trial, with pleadings and oral discovery, rather than by way of affidavit evidence alone.

The applicants are the Nihtat Gwich’in Council in Inuvik and Ehdiitat Gwich’in Council in Aklavik, with the organization’s presidents Kelly McLeod and Michael Greenland.

The respondents are Gwich’in Grand Chief Frederick Blake Jr. and four Gwich’in Tribal Council directors — Doris Koe, Diane Koe, Richard Nerysoo and Cindy McDonald.

The issue is alleged fraud and oppressive conduct.

On Friday, Grand Chief Blake “strongly disputed” the allegations made against him in the “governance dispute.”

He continued: “I have always sought to act in the best interests of the Gwich’in Nation and Gwich’in Participants, in accordance with my responsibilities as the duly elected Grand Chief. These disagreements have persisted since my election in 2024 and, unfortunately, certain parties have chosen to continue pursuing them through the courts.

“While I would prefer that we focus our collective time and resources on the priorities of the Gwich’in Nation and Gwich’in Participants, I respect the Court’s decision and the judicial process.”

By way of background:

• An election for the office of Grand Chief of the GTC was held in August 2024.
• Blake, who was MLA for Mackenzie Delta from 2011 to 2023, received more votes than incumbent Grand Chief, Ken Kyikavichik.
• The day after the election, Kyikavichik lodged a complaint alleging violations of the GTC election rules.
• The GTC Board ruled such violations occurred and called a new election.
• In the Fall of 2024, Justice Piché heard an application challenging the board’s decision to call a new election.
• In January 2025, she found some of the alleged violations to the election rules did occur but that they did not justify a new election and declared that Blake was elected Grand Chief of the GTC.

However, legal actions continued and have now been amended to include more allegations against Blake.

Stated Justice Piché: “In my view, the applicants have presented significant evidence of unauthorized use of GTC funds. In particular, there is strong evidence there were unauthorized payments of Mr. Blake’s personal legal fees from GTC funds.

“Although Mr. Blake might have an argument that he was entitled to the reimbursement of his legal fees under the bylaws’ indemnity provision, there is equally an argument to be made that it does not mean that the proper authorization requirements could be bypassed.

“When, how and by whom the payment of the legal invoices was authorized are central factual issues that must be decided. Who knew about the payments and whether those who did were upfront and honest when the issue was raised at a board meeting are also key.

“Because there are material facts in dispute and gaps on key evidentiary points … I am persuaded that there should be a trial on the issues pleaded.”

A date for that trial hasn’t been set.

The GTC represents approximately 3,500 Gwich’in people with cultural and ancestral ties residing primarily in NWT communities such as Inuvik, Aklavik, Fort McPherson, and Tsiigehtchic.

There are approximately 1,860 enrolled beneficiaries/participants under the Gwich’in Comprehensive Land Claim Agreement.