To a background of ongoing turmoil within the Adams Lake Indian Band, the Federal Court has dismissed an application made by Adams Lake Chief Paul Michel against the Adams Lake Indian Band Community Panel.
The court determined that the community panel did not act with bias against Michel. It ordered that he must pay a portion of the panel’s court costs and the band should pay the remaining costs.
The community panel consists of five elected members of the band who decide on all appeals and petitions to dispute an election or remove a band member from office. Petitions must have 10 signatures.
In May of this year, former chief Nelson Leon filed a petition seeking Michel’s removal from office, alleging he had violated the election rules and breached his oath of office.
Michel then demanded the panel step down because of bias on their part. They did not, and he applied for a judicial review of their alleged bias.
In June, the community panel investigation concluded Michel had breached his oath of office in four ways and they would be removing him from office for two terms.
Michel filed for an injunction which restored him to office pending the Federal Court’s decision.
In the meantime, a decision the panel had reached previously on a petition to remove three band councillors from office went to the Federal Court of Appeal – a step above the Federal Court. In July, the Court of Appeal allowed the councillors to be reinstated, stating the community panel had made breaches of procedural fairness and had unreasonably interpreted the requirements of the band’s election rules.
In light of that ruling, the panel rescinded its decision to remove Michel from office.
Michel continued his legal case, however, asking the Federal Court if the panel had the jurisdiction to decide complaints raised about him, and whether the panel members were biased.
The Federal Court stated the panel members did not demonstrate bias against Michel. It did not rule regarding the complaints, as the panel had already withdrawn its decision that Michel be removed from office.
On Thursday, Sept. 28, a general band meeting was to be held after the Market News press deadline to discuss new elections rules drafted by a band committee.
“Our community is right in the midst of chaos right now and we’re working hard for the future that we work together,” said Chief Michel. “It’s always been my mission that our community works together in respecting Secwepemc values and we get some balance and harmony.”
