Court ruling doesn't end Blood battle

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A Federal Court upheld Blood Chief Harley Frank's right to stay in office for another four months.

Chief Frank and his 12-member band council have been involved in a bitter power struggle since shortly after his November election. The battle began after Frank purchased a buffalo herd, which council claims was not authorized by them.

Council scheduled a by-election for June 30 to replace Frank, claiming the tribe operated under its own tribal elections bylaws. Justice Andrew MacKay ruled the Federal Court has jurisdiction over council election because the tribal election bylaws stem from the federal Indian Act, which falls within the court's jurisdiction.

But that hasn't stopped the band council from proceeding with the election. Welfare cheques have been withheld for several days so they can be handed out at the band office on election day. Treaty money, which is supposed to be dispersed in July, will also be handed out on June 30.

Justice MacKay said the three-month court order upholding Frank's position will give both sides time to try to settle their differences outside of court. He suggested the use of mediation, arbitration, input from the Elders and a referendum to see which faction has the support of the community.

Frank refused to attend the three-day hearing in Calgary, saying he didn't expect the courts to do anything except tell them to solve their own problems.

The mood on the reserve is tense. Community members don't want to comment on the dispute because they fear retaliation and they are reluctant to divide the community any further.

Frank has had threats made on his life and now has been advised not to go anywhere by himself. He's also been warned to stay away from the band office.

"There are quite a few individuals who have taken it upon themselves to take the law into their own hands and have armed themselves with baseball bats or whatever and are waiting for me to arrive at the office," Frank said.

He doesn't expect any help from the tribal police force.

"They're puppets of council. Members of our police commission and five members of the police force signed the petition to remove me so I don't have any faith or trust in our police commission or our force at this time."

The RCMP can't help, either, because they have a protocol agreement with the tribal police force and under the agreement, the RCMP must let tribal police handle events on the reserve.

The dispute has nearly bankrupted Frank, who is being paid but has not received any money for his expense claims since January. But he is determined to continue to fight to retain his seat.

He has a document authorizing the purchase of the buffalo and a document approving the use of money from the sale of some cattle to pay for them.

"I've beaten them on every account. I've beaten them on everything that they've thrown at me and I've done all of this without one red penny from the Blood band office.

"The bottom line is this isn't a political matter, it's a personal matter. They're out to get Harley Frank by any way they can. They're trying to discredit me, they've run a smear campaign; they've opened up my personnel files, they've opened up my mail, whatever they can get their hands on.

"I've told them: 'You've given me your best shot and I'm still here. I'll be here tomorrow, I'll be here next month and I'll be here next year. You won't break my spirit because I know what I'm doing is right'."

Frank downplayed council's declaration of sovereignty and said it might even be dangerous.

"They're using the term sovereignty for their own purposes and for their own convenience. Once you declare sovereignty, you can't jump in and jump out at your own convenience, like they're doing.

"To me, sovereignty means you're independent, you have your own political power. You're on your own; no outside laws govern you. You have to make your own laws. As tense as it is out here on the Blood Reserve, people can interpret that and say 'Then there's o laws out here. I don't have to listen to anybody, including tribal police'."

The reluctance of the federal government to get involved in the dispute is due partially to First Nations' struggle for self-government, Frank added. And the situation on the Blood reserve is not exactly a model of how self-government should work.

"If we can't even look after our own back yard, how can we talk self-government?"

Neither acting chief Randy Bottle nor council members could be reached for comment.