Dissenting chiefs lose lawsuit against Tlicho government

The Northwest Territories Supreme Court has ruled against three Tlicho community chiefs who challenged the fledgling aboriginal government over the leadership of its grand chief.

In a written decision dated Wednesday, Justice Ted Richardstated he would not hearthe three community chiefs' bid to strike down a Tlicho law suspending meetings of its chiefs executive council, in which the chiefs formed a majority.

The council's meetings were suspended after the chiefs Behchoko Chief Leon Lafferty, Whati Chief Charlie Nitsiza and Chief Henry Gon of Gameti unsuccessfully tried in 2007 to remove Grand Chief George Mackenzie from office, citing concerns about Mackenzie's leadership and financial accountability.

Lawyers for Lafferty, Nitsiza and Gon filed a lawsuit earlier this year in an effort to have the chiefs executive council reinstated.

They also asked the court to make the government resume council meetings until the lawsuit was resolved.

But in his decision, Richard wrote that the Tlicho assembly had already rejected an appeal by the chiefs, made last year, to strike down the law suspending the council meetings.

"These applicants have already gone to the one forum, and now they seek to go to the other forum. This court is that second forum and in my view this court has a discretion whether or not to hear a challenge that has already been decided in the first forum," Richard wrote in his ruling.

"This court cannot simply ignore the fact that the Tlicho assembly has, under the [Tlicho] constitution, already ruled on the validity of the impugned law."

At the same time, Richard stressed that his ruling concerns the legal process, and does not pass judgment on who was right and wrong in the Tlicho leadership dispute.

A fourth Tlicho community chief, Charlie Football of Wekweeti, has not been involved in the dispute.

The Tlicho government is expected to hold elections for community chiefs on June 8.