Liard First Nation members bring chief and council to court

Some members of the Liard First Nation in Yukon are hoping to force an election by taking their leaders to court, after claiming their current chief and council are not planning to hold an election when their terms are up.

The statement of claim, which was filed to the Federal Court of Canada Oct. 16, cites Chief Daniel Morris, Deputy Chief Walter Carlick and four councillors as defendants — three of whom have quit during Morris's term and have not been replaced.

The remaining leadership's term ends on Dec. 16, but there is no indication that the First Nation is preparing for an election. Leaders have already missed the deadlines to set up the required election committee or to name a returning officer, as required by the First Nation's custom election code.

Until that happens, no candidate can register to run, and no work can be done to update the voters list. 

The leadership also hasn't held general assemblies, which are required.

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Citizens want chief, council blocked from accessing funds 

The 11 First Nation members who filed the court documents say they want the federal government to oversee a transition of power if new leaders are elected. 

The Liard First Nation is still governed under the Indian Act and the court statements argues it is the federal government's responsibility to get involved. 

Members are calling for an intervention from the Attorney General of Canada, as well as Indigenous and Northern Affairs Canada. 

So far INAC has pledged "dialogue" with chief and council to convince them to hold an election. 

But some members aren't sure that will be enough. In September, they formed a "citizen" election committee and want the court to validate it, so they can start the process for a new election. 

The citizen election committee wants to be provided a voters' list and the funding and authority to manage an election.

Controversy over expenses, failure to disclose

Whoever forms the next government in the Liard First Nation will inherit plenty of financial controversies.

The Liard First Nation has accumulated debts and has been under third-party management since 2014. 

The first nation's last financial report to INAC was for 2013-14. At the time, auditors decried a lack of documentation and said they couldn't vouch for the accuracy of the numbers.

The First Nation's 2013-14 report also lists more than $800,000 each year for chief and council's expenses and more than $2 million yearly in administration costs, for a population of about 1,000 people.

The court documents filed by the citizens say they want to make sure the current chief and council don't have access to the First Nations' money once their terms expire, calling for "an injunction prohibiting current chief and council after December 16 from conducting or performing any financial transactions concerning LFN or any entities, corporation, societies or accounts in which the LFN has an interest."

No comment from Liard First Nation chief or councillors

All four members elected to council in 2013 and the Chief have declined comment. The citizens' election committee has also declined to speak with media. 

CBC has also requested comment from INAC and has yet to receive a response.

The defendants have 30 days to respond to the court papers. 

Morris has previously served as chief of the Liard First Nation, however, in his previous term he didn't oversee an election. He was removed as chief in 2004 after being convicted of a violent domestic assault.