By Marcia Love
Alice Pahtayken was declared the rightful chief of Nekaneet First Nation after an appeal regarding the band’s governance was dismissed  on June 23.
A court hearing was held in the Federal Court of Appeal in Calgary, Alta. on June 17 where appellants Larry Oakes, Jordie Fourhorns, Russell Buffalo Calf, Linda Oakes and Glen Oakes          disputed Pahtayken’s capacity as chief of Nekaneet. Brandy Buffalo Calf, Elvie Stonechild and Christine Mosquito were also questioned in their capacity as councillors.
Pahtayken was pleased with the court’s decision.
“It was very good news,” she said.
Justice Denis Pelletier ruled there was a broad consensus of the Nekaneet in favour of adopting Pahtayken as chief.
The appeal was filed in response to a ruling made in February 2009 which legally declared Pahtayken as the Nekaneet chief.
In February 2008, Pahtayken called an election under a newly-adopted governance act and constitution, which councillors Dale Mosquito, Linda Oakes and Russell Buffalo Calf did not recognize. Subsequently, Pahtayken and three new councillors were elected.
A second election was called under traditional band custom by the former councillors, and a separate government was elected with Larry Oakes serving as chief. Indian and Northern Affairs Canada (INAC) did not recognize either administration as the official government of the Nekaneet. This caused a dispute between the two parties, resulting in a federal court case to determine who was the rightful chief.
When Justice James Russell ruled Pahtayken as chief, Oakes’ council appealed the case.
Justice Pelletier found Justice Russell’s decision to be valid.
In his written judgment, Pelletier stated during the referendum on the proposed Nekaneet Constitution and Nekaneet Governance Act 113 of 136 voters out of an eligible 276 were in favour of adopting both, and therefore by extension were also in favour of Pahtayken’s government.
When Larry Oakes was elected during the second election, Glen Oakes said about 120 band members voted, but the court did not recognize this traditional election.
Glen said he was not surprised by the ruling.
“Our lawyer told us it was an uphill battle,” he said.
Justice Pelletier said the governance debate was a distressing issue within Nekaneet.
“I cannot help but note that this community is deeply divided, a regrettable situation,” he stated.
With the case concluded, Pahtayken said Nekaneet can put its own laws in place in order to move forward.
“The old procedures didn’t seem to work for us,” Pahtayken said. “With the new legislation, there is accountability.”
She said the legislation will greatly benefit Nekaneet.
“I have to act in the best interests of everyone,” Pahtayken explained. “The legislation is there... for the band members to have a voice, because that’s important. They’re the ones that elected the chief and council.”
Glen said many of the band members do not understand the new constitution and governance act.
“The constitution has so many rules on it that it’s going to be very hard to comply with all the regulations,” he said.
The Oakes have filed a new court case regarding Pahtayken’s council abiding by the constitution.
“The constitution says an appeal body has to be in place within 60 days of the election, and that’s what our next court case is going to be about,” Glen explained.
He said the case will be in heard in court in the fall.