Lutsel K'e vote contentious in final hours

Members of an N.W.T. First Nation go to the polls Wednesday, while the former chief makes a last-ditch attempt to halt the election.

Residents of Lutsel K'e, a community of about 370 people 180 kilometres southeast of Yellowknife, called the election after former chief Archie Catholique was removed from office.

• FROM FEB. 1, 2005: Chief resists demands he step down

So far, only Stephen Nitah, the region's former MLA, has declared for the chief's position.

However, Nitah will have to be screened by the band's election committee before his name can formally stand, which could be a problem.

The band's custom election code requires two years of demonstrated sobriety to qualify for chief. Nitah has gone on record admitting that he drinks.

The nominations close Tuesday at 5 p.m. MT.

The community has been in political upheaval for several months, since band members ousted Catholique in January.

Former chief tries to stop vote

Meanwhile, Catholique is attempting to file an injuction to have the election stopped, telling a federal court in Edmonton he still considers himself chief.

He said the ouster violated both the band's customary election code and a personal contract he had with the band.

"Archie Catholique takes the position that he is still chief that the process for removing him that has been followed to date has been an improper process and that therefore any election would be improper," saysYellowknife lawyer Garth Wallbridge, who is representing Catholique.

However, the director of Indian and Inuit Services with the Department of Indian and Northern Affairs in Yellowknife has agreed with band members that Catholique was properly removed from office.

George Cleary came to that conclusion after attending a half-day meeting with all parties involved and then further seeking legal advice from a government lawyer.

"Based on the material that was provided to us we've been advised that the band did act within its prerogative when they acted to remove the chief by vote of non-confidence by band council resolution on January 29, 2005," says Cleary.

It's not certain if Wallbridge can get the federal court to rule in time to actually stop voting, scheduled for Wednesday.

But Walbridge says a federal judge can over turn an election just as easily after the fact as before.