The Arbitration Reconsideration Hearing that took place on September 11 in Creston unearthed a key technicality.
Lawyer David Hughes submitted that having only 19 of the 30 signatories present at the February 21, 2017 hearing did not comply with the Lower Kootenay Band code by-law that would aid in the removal of his clients, Chief Jason Louie and Councilor Sandra Luke.
Mr. Hughes compared the petition bylaw’s rules to that of an election’s, that one must prove identity and understanding, in this case, to vote Councilor and Chief out of office.
Mr. Chris Harvey argued that the theoretical leniency made by the Arbitrator and Mr. Hughes regarding the petition’s strict by-law code, should also apply to the petition brought forward by Wayne Louie. Rob Louie Junior, who was present at the hearing, explains.
“Mr. Hughes was agreeable and basically consented to the analogy where if 50 people signed the petition, not all 50 have to show, 35 would be okay. And so (Harvey) said that, using that same logic, well we did get 19 out of the 30. People did show up.”
Harvey also argued that Hughes’s point was moot and that the Arbitrator had moved on. Rob Louie elaborates.
“(The Arbitrator) waved that 30 signature requirement and he moved on to decide this case on its merit. You can’t go back now and say ‘oh I’m going to reverse myself’ and then deal with it.”
Chief Jason Louie’s Lawyer, David Hughes released a statement on behalf of his clients saying they “wish to put this whole thing behind them.”
The Arbitrator’s decision on whether or not the Chief and Councilor will be removed from Band Council for breach of Oath of Office is expected shortly.