Strahl (Indian Affairs) must answer for Barriere Lake decision

http://www.ckrz.com/webpage%20news.pdf The Federal Court has green-lighted a legal challenge of Indian Affairs Minister Chuck Strahl's intervention in a nasty leadership dispute on a Quebec reserve. Judge Russel Zinn set aside Tuesday an earlier ruling that struck down an application to judicially review Strahl's exclusive support of a new chief at Barriere Lake. The tiny community about 300 kilometres north of Ottawa has drawn riot police to the scene of road blockades over leadership and forestry disputes stretching back more than a decade. At issue in this case is the decision by Strahl's department last Jan. 31 to recognize and “conduct its relationship” with Chief Casey Ratt and four councillors. Ratt is accused by his detractors of breaching the band's customary election code and deposing interim chief Benjamin Nottaway. Nottaway was recently sentenced to 45 days in jail for his role in related protests that blocked part of Highway 117 outside the impoverished reserve of about 450 people. Ratt has publicly dismissed the so-called leadership crisis as the sour grapes of failed leaders who are no longer in charge. He says he first agitated for a leadership review last year after Nottaway's backers shut down the band school. Ratt has accused his rivals of using local kids as pawns in a complex political battle with the province and Ottawa. It includes a protracted fight for a share of forestry and other resource revenues estimated to be worth $100 million a year on traditional Algonquin territory. Ratt's house burned down in a manner he describes as suspicious, and he has accused his opponents of trying to bully him off the reserve. His challengers, led by the elders council of Barriere Lake, now want a court review of Ottawa's support for his leadership. The Federal Court decision Tuesday paves the way. “In my view, it is open to the applicants to argue that (Strahl), when he decided that in dealing with (Barriere Lake) he would deal with the Ratt council, made or purported to make, a decision under the Indian Act” that is “reviewable,” Zinn ruled. The elders council and Indian Affairs “ought to be permitted to make full submissions to the court on all of the issues raised in the application,” he wrote. David Nahwegahbow, lawyer for the elders council, said the ruling is “quite a relief.” “The minister tried to say that basically they didn't make a decision, that all they did was sort of receive the (leadership) results and put them in the filing cabinet. That was pretty bogus. “What I thought was quite dangerous was that the minister made a decision as to who he would conduct his relationship with. And if you . . . analyze the implications of it, basically then the minister could decide who he wanted to deal with in terms of . . . setting up a treaty or making any kind of an agreement.” It was not immediately clear whether Strahl would appeal the Federal Court decision. “Because it's still before the courts it would be inappropriate to comment,” said Patricia Valladao, a spokeswoman for Indian Affairs. (The Canadian Press)