Please be advised that current chief and councillors of the First Nation of Nacho Nyak Dun have been lawfully elected by the Nacho Nyak Dun election law and confirm their intention to fulfill their respective terms of office in accordance with the Nacho Nyak Dun Constitution.
Despite the assertions of certain citizens, the current chief and councillors are the legal representatives of the Nacho Nyak Dun and have the sole authority to exercise the powers and responsibilities under the Nacho Nyak Dun Constitution, including those under section 7.
On June 24, a petition was presented to the Annual Meeting of the Assembly to remove the chief and council on the basis that the members were unfit for office. After hours of discussion, the chair of the annual meeting determined on June 25 that the petition was “out of order.”
On July 15, certain Nacho Nyak Dun citizens purported to convene the Annual Meeting of the Assembly. This meeting was invalid since the Nacho Nyak Dun Constitution expressly states that the council has the sole authority to convene a meeting of the assembly. No group of citizens or other governing body of the Nacho Nyak Dun has the authority to convene any meeting of the assembly.
Even if the annual meeting of the assembly was convened lawfully by the council, in accordance with the Nacho Nyak Dun Constitution, the assembly would not be able to consider a matter that had already been decided earlier during the annual meeting.
This means that the determination of the chair of the assembly on June 25, which ruled the
petition “out of order,” still stands. The petition is quashed and it carries no legal weight.
Since that time, certain citizens have purported to undertake various actions on behalf of the Nacho Nyak Dun that are inconsistent with the Nacho Nyak Dun Constitution and our laws. These actions are unlawful and council has advised them that they have no authority to direct or instruct any employee, contractor or agent of the Nacho Nyak Dun or use Nacho Nyak Dun property, including Nacho Nyak Dun letterhead and email servers.
It has been confirmed that we are the lawful members of the council and have the authority to exercise the rights and responsibilities of the council in accordance with our constitution. As such, we will continue to exercise overall authority to represent and protect the Nacho Nyak Dun, its rights, titles and interests and to uphold and implement Nacho Nyak Dun laws.
We do not intend to argue about petitions and resolutions. Instead we intend to continue to focus on working constructively with our citizens to build a better future for our community.
The council has confirmed that the Annual Meeting of the Assembly will be convened following the meeting of the Elders Council to complete the remaining agenda. The council has further confirmed that the election will be held October 12.
We confirm our intention to fulfill our obligation to serve on the council in the accordance with the Nacho Nyak Dun Constitution and our laws.
Chief Simon Mervyn, and deputy chief and councillors
Mayo