B.C. man charged with sexual assault reinstated to band council

A man charged with sexual assault has been reinstated to the Lheidil T'enneh First Nation band council in accordance with federal rules, the north-central B.C. First Nation said two months after it removed him.

John-Michael West has been charged with sexual assault, sexual interference with a person under the age of sixteen, and internet luring of a person under the age of sixteen, according to the B.C. Prosecution Service.

West was first suspended by the Lheidli T'enneh Band council after RCMP took him into custody at the First Nation's conference centre, The House of Ancestors, in downtown Prince George on April 26.  

Chief and council released a written statement to band members that day, saying the council did not know why West had been arrested.

They later issued a statement saying West was removed from Lheidli T'enneh council on May 10.

But in a release posted July 15, chief and council said they had received correspondence from Indigenous Services Canada informing them that under the Indian Act, which governs most elected First Nations in Canada, a councillor cannot be removed from office until they are convicted of an offence.

"In the absence of a custom election code, the Indian Act supersedes Lhedli T'enneh policies and procedures," said the Lheidli T'enneh statement.

The statement said West has been reinstated to his council role. It also says chief and council would not provide further comment on the matter while the charges are still making their way through the court system.

The inability to remove elected officials from office is an issue that has also plagued other levels of government. In 2022, the governing B.C. NDP introduced legislation forcing local politicians facing criminal charges to take a leave of absence, and be removed from office if found guilty of serious convictions.

The Lheidli T'enneh Nation has approximately 800 members, most of whom live in the Prince George area.

More than 100 people live on reserve about 15 kilometres northeast of Prince George.

Charges not yet heard in court

West has yet to have a trial and as such, none of the allegations against have him have been proven in court.

The B.C. Prosecution Service said West's alleged offences took place in or near Prince George between Dec. 1, 2022 and July 31, 2023.

For three months of that time, West was serving as a band councillor.

He was elected to council on April 11, 2023, and sworn in on April 29, 2023. 

According to court records, West has been released subject to nine conditions which restrict his actions except under a narrow set of circumstances, such as having the permission of a bail supervisor. 

West is barred from any public park, swimming area, daycare centre, school ground, playground, community centre, theatre, or any other place where people under the age of 16 years are known to gather.

He is ordered not to contact, communicate with, or be in the presence of anyone under the age of 16, and is banned from using the internet or having any device that can access the internet. He is also prohibited from leaving B.C.

West was the youngest member of the Lheidli council when he was elected last year at the age of 25.