Lawyer for Gwich'in grand chief candidate says court shouldn't intervene in tribal council election decision

The lawyer for Gwich'in Tribal Council grand chief candidate Ken Kyikavichik says the N.W.T. Supreme Court shouldn't intervene in the tribal council's election decisions.

The dispute over the Gwich'in grand chief election drew a lot of people to a court hearing Wednesday, while many others followed the proceedings by phone. Lawyers for Kyikavichik and candidate Frederick "Sonny" Blake Jr. presented their sides.

Blake got 89 more votes than Kyikavichik, who was the incumbent, in the August election, but Kyikavichik appealed the results. He claimed Blake hadn't declared all his election expenses, and accused Blake's election team of posting defamatory comments about him on Facebook during the election.

Though an election committee ultimately dismissed his appeal, the Gwich'in Tribal Council's board of directors overturned the committee's decision and ordered a new election. That triggered Blake's application to the N.W.T. Supreme Court to uphold the election results.

On Wednesday, Blake Jr.'s lawyer, Martin Tobias Kruger, told the court the tribal council's decision to order a new election "was unreasonable", since the Gwich'in people had exercised their right to vote.

Kruger's application asked the court to uphold the election results and declare Blake as grand chief.

Orlagh O'Kelly, Kyikavichik's lawyer, said the tribal council's decision to review the election results and order a new one was also a decision made by the people.

O'Kelly said the court should respect the board of directors' decision and should take into account that its members have a better understanding of Gwich'in laws and values. 

N.W.T. Supreme Court Justice Annie Piché asked Blake's lawyers about whether an existing GTC bylaw does give the board the final say in the election results. 

Piché also raised concerns about whether Kykavikchik's allegations warrant a new election, saying such a move would be a "very serious decision."

The court will review all the evidence and briefings and issue a ruling in the next few weeks.

Kyikavichik didn't complain until he lost the elections

Kruger, the lawyer representing Blake, said the board of directors did not exercise its powers in good faith, and the impact of its decision would be felt by Gwich'in voters.

Kruger presented some of the Facebook posts by Blake's supporters that had been unfavourable toward Kyikavichik. Those posts included phrases like "vote for change" and called for a leader who would be "community-driven and not divide and conquer."

Kruger said these were political opinions and it was "extraordinary" for the tribal council to translate such statements into criticism of the government.

Kruger said in court that Kyikavichik "was aware of all the comments by the individuals on Facebook ... but never complained until he lost the election."

Blake clearly violated election rules

O'Kelly, Kyikavichik's lawyer, said in court Blake had "leapfrogged" the election committee and the tribal council's board of directors by taking the matter to court.

She said Blake violated election rules by failing to provide all his expense receipts on time and not properly declaring his expenses. That, she said, could have led to him being disqualified.

O'Kelly argued the language used in social media posts against Kyikavichik and their overall cumulative impact on the election amounted to defamation. She said many elders raised concerns to tone down the election campaign and keep the dialogue respectable.

Lawyer Jessica Buell, representing the Gwich'in Tribal Council, said in court there is no evidence showing the tribal council's board members acted in bad faith. 

She said the board didn't disqualify Blake from running in a new election, and that the right of the people to vote will still be preserved in a new election.

The grand chief position comes with salary and benefits that top $300,000.

Last year, based on the Gwich'in Tribal Council's annual financial reports, Kyikavichik's annual salary and benefits amounted to $307,000, along with more than $100,000 in travel expenses.