First Nation ex-councillor fights residency rules
Ouster from council seat over living in Saskatoon breaches his rights, he says
Former Thunderchild First Nation councillor Michael Linklater is challenging residency rules that led to his removal from office last month.
In an Aug. 7 application to federal court for judicial review, Linklater asked if band rules requiring councillors to live on-reserve are a breach of his charter equality rights. That question follows the Thunderchild appeal tribunal panel dismissing Linklater on July 13 for failing to reside on the First Nation. Linklater, who lives in Saskatoon, said a lack of suitable housing meant he was unable to secure a home on the First Nation, which is roughly 100 kilometres northwest of North Battleford.
Only about 750 of the band’s 3,000 members were able to live there because of a lack of housing, he said.
“The question is: (is) this discriminatory toward members who do not reside on the nation?” he said. “There’s a large population of Thunderchild band members that cannot reside (there).”
He wants to be reinstated and to have a referendum that would remove the residency requirement.
That follows members voting against removing the rule in a referendum held before he left office, but Linklater said that attempt was flawed and turnout was limited to about 15 per cent of band members. He proposed a specific position for an off-reserve council member, or suggested residency requirements not apply to council members.
Linklater’s application to the court claims he was denied procedural fairness and that the band’s tribunal panel didn’t observe natural justice. He also alleges the tribunal refused to exercise its jurisdiction while basing its orders on flawed findings.
Linklater was previously a basketball player with the Saskatchewan Rattlers until he retired in 2019.
Band member Jonathan Jimmy filed the original complaint against Linklater and two other councillors, who both proved their residencies.
He raised the issue because he was concerned about leaders following the laws of the First Nation. Jimmy noted Linklater had 30 days from his election to move to the First Nation and failed to do so in two years. He added that four previous attempts to change the residency clause all failed.
“If you want to be a leader of Thunderchild, you need to live in Thunderchild,” Jimmy said.
On Thursday, Thunderchild chief of operations Winston Walkingbear said his office would soon release a statement for band members and media concerned about the issue. He didn’t offer further comment, but the Thunderchild appeal tribunal panel July 13 decision said a byelection would be held to replace Linklater.