The former Chief of the Caldwell First Nation appeared virtually in a federal court Wednesday morning to demand a judicial review of the decision to remove her from her position.
Mark Duckworth is seeking her reinstatement, $20,000 in legal fees, and back pay.
Mary Duckworth was twice removed by the Band Council. The first time for alleged malfeasance, an allegation she denies, and the second time in a behind-closed-doors meeting on September 9, 2020.
Duckworth was first fired in November 2018.
Marshall said her client claims the investigation was little more than a "witch hunt."
However, Band Council's lawyer, Sean Flaherty, accused Duckworth of embarking on a campaign of "retaliation, harassment, bullying, and threats." He told the court council members investigated 11 complaints made by Duckworth and found them "frivolous and without merit."
Duckworth ran for re-election and won 77 per cent of the vote by band members. However, a month later she went on sick leave.
Her lawyer, Kathryn Marshall, told Justice MacDonald the council was unhappy about her re-election and docked her annual pay from 95,000 to $65,000.
Robyn Perkins was appointed acting Band Chief and remains in that role.
Duckworth's sick leave was extended in March 2020 for another six months. That summer, the council engaged in talks to remove Duckworth. Around the same time, Marshall met with their lawyers to discuss her return to work and a possible settlement.
Then, on September 9, council members voted unanimously to fire Duckworth a second time in a behind-closed-doors meeting unbeknownst to her. Duckworth found out about the decision at the same time as council members, almost a week later.
Marshall presented meeting minutes where council members referred to the settlement as "extortion", an accusation she says Duckworth would have "hotly denied."
Marshall told the court, in her opinion, Duckworth was not notified because council members did not want her to defend herself against the allegations and wanted to "catch her by surprise."
She said the removal was done in "bad faith," and if Duckworth was at the meeting to fire her, the "outcome could have been quite different."
Flaherty refuted her claim saying Duckworth was not told of any meetings while convalescing at home but was aware of the allegations against her.
He said she was informed in June 2020 and repeatedly offered the opportunity to respond.
Flaherty cautioned the court against interfering in Band Council decisions, saying there is precedence for removing a chief, even within the Caldwell First Nation. He pointed to the removal of Chief Louise Hillier in 2017 over allegations of wrongdoing.
Hillier was removed after a financial audit into a 2016 powwow found prize payments were awarded to dancers and drummers, and a contract that was not put out to tender was awarded to a relative.
Justice MacDonald reserved her decision.