Despite factions fiercely dividing the Ts'il Kaz Koh First Nation in Burns Lake, the federal government said Tuesday that it will not intervene.
"Aboriginal Affairs and Northern Development Canada (AANDC) have been noticeably quiet for this whole dispute," said Ryan Tibbetts, one of the leading protesters who commandeered the band's administrative offices for the past two weeks. They were removed without incident on Sunday by dozens of RCMP.
The band's elected chief Al Gerow, a supportive councillor Dan George, some administrative staff, and a number of band members are accused of making deals with industry that are outside the scope of their powers and against overall band support.
The accusers are Tibbetts (the second place challenger in the past election for chief), his supportive councillor Ron Charlie (there are only two councillors and a chief on their governance team), and a contingent of band members.
The federal government responded on Tuesday that there was no place for them in the dispute. "Aboriginal Affairs and Northern Development received allegations related to financial mismanagement," said AANDC spokeswoman Michelle Perron. "The department takes allegations of this nature very seriously."
Perron said the allegations were investigated to the point that assessment officials were satisfied, unless new evidence emerges.
"Departmental financial reporting from the Burns Lake Band is up to date and recent program compliance reviews have been positive," she said.
First Nations are their own entities, so AANDC has no jurisdiction other than to enforce the criminal laws of Canada or to account for the investment moneys transferred to a First Nation government by the federal government.
Chief Gerow said he was making contact with AANDC himself to ask for clarification on some of the protest group's allegations, pertaining to the band's two hereditary chiefs, Robert Charlie and Cecilia Sam.
"The chief and council is supposed to only make decisions pertaining to band business on the reserves. Anything going on in the traditional territory has to be done with the consultation of the hereditary chiefs," said Tibbetts.
Gerow said, "This is the first time I've heard him say that. That is not correct. The elected chief and council have that decision making responsibility. In our particular area I don't know if we even have a governance model established where the hereditary chiefs have any role to play in overall decision making at all, other than the same consultation privileges afforded to each and every member. It is a very interesting argument. I've never heard that one before."
Gerow said in very traditional days, the nation was operated on a basis of benevolent dictatorship bestowed on their chiefs but, in keeping with enlightened government practices, the Ts'il Kaz Koh now operates on the principles of democracy.
"Democracy brings a fairness. It is an improvement on our ancestral days. Not everything is done exactly as it was, and it is well laid out so everyone can understand the process," said Gerow.
Still, he pledged to have AANDC guide him on that question, and also on the question of council quorum. Tibbetts alleges that Gerow and George are in lockstep and can make every meaningful band decision together without the inclusion of remaining councillor Charlie.
Charlie said that, according to his understanding of the governance rules, "All three councillors are required for a quorum but...I have no idea what is going on. There were legal processes happening as we speak and I believe it was a little over the top to have the riot police involved. All I've wanted from this is transparency and accountability from the other two councillors. We just want truth in this matter and after this I see we need the involvement of our hereditary chiefs to take over the mediation of this."
The RCMP clarified - and video evidence has been posted online by third parties - that riot police were not involved. There were claims by some protesters that 50 Mounties were there but others at the event pegged the estimate at about 30, and all were dressed in standard RCMP uniform. About 20 of them, as seen in the posted video, were used to simply stand around the perimeter of the large building in downtown Burns Lake to secure the area.
None of the protesters were arrested, all left the building peacefully, said police, but further investigations into allegations of crime on both sides of the dispute were still being considered.
