A Northwest Territories Supreme Court judge has dismissed a challenge from the Gwich’in Tribal Council over the Gwichya Gwich’in Council’s election results for president and directors in 2023.
In that election, Mavis Clark was acclaimed as Gwichya Gwich’in Council president.
The Gwich’in Tribal Council and six individual members of the Gwichya Gwich’in Council argued there were several “election irregularities” and “oppressive” conduct had taken place.
The applicants alleged that Gwichya Gwich’in members weren’t given adequate notice for the election, that the council imposed unlawful residency requirements on candidates for directors that required them to live in Tsiigehtchic for a period of at least one year, that Clark wasn’t allowed to run under the council’s election rules, and that the chief returning officer was biased in favour of Clark.
All of that, the applicants argued, was grounds for a new election for president and directors and for a new chief returning officer to be appointed.
Notices for the election were posted on the Tsiigehtchic Facebook page and in four places in the community, but the applicants argued that members without access to Facebook or who didn’t live in the community didn’t receive notice.
N.W.T. Supreme Court Justice Sheila MacPherson rejected that argument, saying the elections policy states notice can be given on social media and there was no evidence of the council providing notice by mail for past elections.
As for the residency requirement, MacPherson said it’s up to the participants members to create a residency requirement.
MacPherson also ruled Clark was eligible to run for president and that there was no evidence the chief returning officer was biased in her running of the 2023 election.
Despite her ruling, MacPherson ordered all Gwichya Gwich’in Council financial statements from 2017 to 2023 be produced and made available to all members and to the Gwich’in Tribal Council within four months.
“There is no evidence that financial statements have been provided to the members,” MacPherson wrote.
“In these circumstances, given that financial statements have not been provided to members for a number of years, I will make such an order.”
In a news release, the Gwich’in Tribal Council said it’s reviewing the decision and is “considering its next steps.”
“The GTC maintains its commitment to upholding the values of democracy, transparency, and accountability within our governance systems. Our focus remains on continuing to advocate for the well-being and interests of the Gwich’in people,” the release said.
Clark declined an interview with CBC. The Gwichya Gwich’in Council said in a news release Monday that MacPherson’s ruling brought “clarity and resolution.”
It said audited financial statements are available upon request to the Gwichya Gwich’in Council office.
“This decision validates the integrity of our electoral process and allows us to focus on serving our members,” Clark was quoted as saying in the news release.