Lower Kootenay Band Chief Jason Louie and Councilor Sandra Luke will not be removed from office.
Arbitrator Marko Vesely says the removal process which requires a petition, failed to meet the requirements that all thirty signatories attend the hearing in order to confirm their understanding of the petition. Vesely stresses the importance of the petition’s bylaw rules and bases this case’s dismissal on that alone.
However, Vesely also finds that both Chief and Councilor did breach their oath of office when they awarded themselves $5000 each from Lower Kootenay Band funds but does not believe their actions constitute removal from office. The decision has numerous factors and Vesely considered the following:
1. Council honestly believed in 2009 that Band Council was following the correct process, had the authority to make the payments and were entitled to receive their respective $5000 payments; and
2. Council made no effort to keep the payments secret from the Band membership. The payments were disclosed in the Band’s financial statements, which were publicly available and were provided to Indian and Northern Affairs Canada.
In lieu of the Arbitrator’s decision, Chief Jason Louie shares his sentiments with the Mycrestonnow.com newsroom.
“I do not view this as a victory. I am not celebrating. It was a very trying and difficult six year. It split apart my family of origin and as well, my community. I hope we can all put this behind us and move on.”
Each party must bear their own cost of the arbitration.
Elections for three Lower Kootenay Band Councillors including Chief are scheduled for November 2018.