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Lawyer alleges political motives for rape charge

Feb 12, 2015 | 4:41 PM

The lawyer representing Sturgeon Lake’s embattled Chief Henry Felix says there are two sides to every story.

Ron Cherkewich appeared on Felix’s behalf at Prince Albert Provincial Court Thursday afternoon.  

Felix is facing a charge of rape. The alleged incident took place in September of 1974. Since then, the term rape has been removed from the Criminal Code. It’s now referred to as sexual assault, among other changes.

Felix was re-elected chief after years of issues in the first nation in early February.

“One has got to question whether this anything to do with the fact that the complainant’s candidate in the last two go-arounds for Chief at the Sturgeon Lake Reserve did not go well for her candidate,” Cherkewich said.

Cherkewich said there are a number of discrepancies with the presented evidence, and the Crown Prosecutor needs time to review it, which led to an adjournment.

Cherkewich said one of the biggest issues on the reserve is transparency.  He said there are questions as to what happened to a $6 million claim settlement.  Cherkewich also said there are questions as to what happened to the proceeds from the sale of the corporation the band held with the Prince Albert Grand Council.

“All these little hiccups along the line certainly are distracting and he would prefer they were not there, he’d rather be focused on the future and getting the band working together,” said Cherkewich.

Cherkewich said despite this serious allegation, his client remains focused on his community.

There was not a vacant seat in the courtroom as concerned band members showed up to hear the case.

Outside the courthouse, a small group gathered to stage a peaceful protest.

Erin Naytowhow was among those who drove to Prince Albert to voice his concerns about the band’s reputation.

“You know it’s not what we want to be known for, it’s not what we believe in, it’s not part of our culture,” said Naytowhow.

Some of the protestors carried signs that said Felix should not be allowed to work around women while the case is before the courts.

Cherkewich said the judge has said nothing to that effect. Felix simply cannot have any contact with the complainant.

The charge against Felix came to light in the fall. Cherkewich said his client was very surprised by the accusation, given that he has worked closely with the complainant since the day the alleged incident took place.

“They’ve shared office space, they’ve been to wakes, funerals and band membership meetings on the reserve and this complaint was simply never raised,” he said.

The case is scheduled to return to court on March 11.

nmaxwell@panow.com

On Twitter: @nigelmaxwell