Commandant et. al. v. Hay et. al. - Resolution of a long standing internal conflict for the Wahta Mohawk

Phil Healey and Miranda Spence, acting on behalf of the Wahta Mohawk Band Council, successfully defeated an application made in the Federal Court by a former Chief and other members who sought quo warranto declarations removing the Council from elected office and calling for by-elections. The application was commenced after the Council had, through application of the Wahta Mohawk Election Rules and Regulations, declared the position of Chief as vacant due to the Chief’s failure to properly participate in the First Nations governance initiative and after the former Chief and his supporters sought through improper application of those rules and regulations to remove the Council. As part of the resolution, the former Chief and his supporters were compelled to acknowledge that the Council's conduct, in declaring the position of Chief as vacant, was proper and correct; and further compelled to accept that there was no basis to remove the Council. The position therefore of the Wahta Mohawk Council prevailed. This effort, and result, was important to the Wahta Mohawk as they will allow the Council to continue its good governance initiative which, incidentally, has been touted by the apt Federal Government representatives as a model example of self-government for First Nations in Ontario.