The federal court has ruled that Garry Reece is to be returned to his role as Mayor of Lax Kw'alaams.

Federal judge rules Garry Reece be reinstated as Lax Kw’alaams mayor

A federal court judge has ruled that Garry Reece must be returned as Mayor of Lax Kw'alaams.

A Federal Court Judge has ruled that Garry Reece must be returned as Mayor of Lax Kw’alaams.

Justice Michael D. Manson rendered a judgement on Nov. 20 which indicated the steps the band took to replace Reece did not follow the rules stipulated by the band.

“The dismissal of the previous appeal board was unreasonable and contrary to the election regulations and invalid. The process for the appointment of the new appeal board was unfair and unreasonable. As such the new appeal board was not properly constituted and did not have jurisdiction to accept and decide the Band Council’s petition,” wrote Justice Manson.

“Given that the appointment of the new appeal board was invalid, the decision to remove Garry Reece as mayor is quashed and the appointment of John Helin is invalid. Garry Reece remains mayor.”

The ruling — which lists Reece and councillors Andrew Tait, Lawrence Sankey, Barb Henry, Stan Dennis, Victor Kelly and Robbie Hughes as applicants and councillors Helen Johnson, Carl Sampson Jr., Russel Mather, Ted White, Geraldine Alexcee and Chris Sankey, appointed Mayor John Helin and members of the newly appointed appeals board as respondents — does not cast judgement on whether the alleged affair brought to the band by complainants in the community definitively filled the requirements of “failure to uphold the code of conduct, failure to remove himself from a conflict of interest situation and acting dishonestly in his role as Mayor” that were cited as cause for his removal.

“There may have been sufficient grounds as alleged for Mayor Reece’s removal, but the process taken for his removal was fatally flawed,” wrote Justice Manson.

According to the court documents, it was unclear whether Reece was able to attend the first 90 minutes of the new appeal board hearing held on Aug. 1, 2014 and was not permitted to see the evidence against him, with the exception of a single email.

Emails sent to John Helin, Chris Sankey and Garry Reece were not immediately returned.

Just Posted

Prince Rupert guide fined $2K in first conviction under new federal whale protection laws

Scott Babcock found guilty of approaching a North Pacific humpback whale at less than 100 metres

Chevron move to exit Kitimat LNG project a dash of ‘cold water’ for gas industry

Canada Energy Regulator approved a 40-year licence to export natural gas for Kitimat LNG

COUNCIL: City of Prince Rupert planning to consider borrowing money, new RCMP online crime reporting

More: MacLean Magazine crime stats not surprising but misleading: RCMP, Nyugen gets ceremony

Cook serves up the icing on the cake for Prince Rupert

Triumphant home return for Josh Cook as Rampage roll River Kings on Hometown Hockey weekend

EXCLUSIVE: Slone on Prince Rupert, working with MacLean and women in sports

Tara Slone, host of Rogers Hometown Hockey, sat down with reporter Alex Kurial for an interview

EXCLUSIVE | Ron MacLean on Prince Rupert: “A kaleidoscope for the eyes”

Rogers Hometown Hockey host on Canucks, B.C.’s First Nations story and hockey’s new reflection phase

WEB POLL: Is hockey part of your identity as a Canadian?

Prince Rupert is Hometown Hockey! Is the sport part of your national identity?

The Northern View presents Santa Shops Here in Prince Rupert

More reasons to spend your shopping dollars locally

Feds urge Air Canada to fix booking problems as travel season approaches

The airline introduced the new reservation system more than three weeks ago

Almost 14,000 Canadians killed by opioids since 2016: new national study

17,000 people have been hospitalized for opioid-related poisoning

B.C. cities top the list for most generous in Canada on GoFundMe

Chilliwack took the number-two spot while Kamloops was at the top of the list

Penticton RCMP warn of new ‘porting’ scam that puts internet banking, online accounts at risk

Two-factor verification has been the go-to way to keep online accounts secure

Thunberg ‘a bit surprised’ to be Time ‘Person of the Year’

‘I could never have imagined anything like that happening,’ she said in a phone interview

B.C. patients wait 41% longer than national average to see a walk-in doctor: Medimap

The longest wait time was found in Sidney, B.C., where patients waited an average of 180 minutes

Most Read