A federal judge has reinstated a Fort McMurray First Nation councillor, ruling the council did not have the authority to suspend her.
Coun. Samantha Whalen was suspended with pay in January for “wrongful conduct,” following a protest which blocked access to the First Nation’s office.
The protesters were demanding a new election, arguing the leadership of the First Nation, with the exception of Whalen, had failed members on fiscal and transparency issues.
Whalen has alleged the misappropriation of more than $1 million of the band’s funds.
The First Nation stated in its suspension of Whalen that she helped organize the blockade.
Federal Court Justice Sébastien Grammond ruled in Whalen’s favour on Friday.
In his decision, Grammond stated the First Nation’s election regulations only allow for the suspension of a councillor in limited circumstances and those circumstances “do not apply in this case.”
Grammond stated the judgment, however, should not be taken as an opinion on a separate legal action relating to a lawsuit Whalen filed in Alberta’s Court of Queen’s Bench over expenses and bonuses paid to the chief, several councillors and other band staff.
The defendants deny the allegations, none of which have been proven in court.