The trial for Napoleon Mercredi will go ahead this fall at Court of Queen's Bench in Prince Albert. (file photo/paNOW Staff)

By Nigel Maxwell

First Nations politics

Former chief charged with robbery, fraud, and breach of trust to face trial

May 23, 2019 | 2:29 PM

A court case that’s been building for almost 10 years, may finally be resolved later this year when a former chief of Fond Du Lac Denesuline First Nation faces trial.

Napoleon Mercredi applied to have the case against him dropped, on the grounds it took too long for the court matters to proceed to trial from the time the charges were laid in 2015, but on Wednesday a Queen’s Bench judge dismissed the application.

Steve Denton, a former welfare administrator for Fond Du Lac and Black Lake bands, represents a group of band members who want changes made on the reserve, and was in court for the hearing. He said he was worried what the judge would say.

“We thought it might go the other way because there was another case of a gentleman up at Waskesiu who had his case thrown out because it had taken too long to go to court,” he said outside of court.

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The court case Denton was referring to involves George Wilson, who was charged in January, 2018, with defrauding the Waskesiu Wilderness Region. The region lost thousands of dollars between 2008 and 2015, when Wilson was in a position of financial authority. According to provincial legislation, provincial court proceedings should take no longer than 18 months. Cases going through Queen’s Bench courts have a 30-month time limit.

Darren Howarth is the Crown prosecutor handling the Mercredi case and told paNOW defence counsel attempted to argue the limits were exceeded because Crown proceeded by way of direct indictment. There was no preliminary hearing in the case, and the timeline exceeded 18 months.

Howarth added the significant delay in the case was caused by defence counsel and cases cannot be thrown out due to delays by the defence.

“The time limit when you submit defence delay is well within reasonable limits,” he said.

The charges against Mercredi date back to his time as chief from 2009 to 2011. Trial dates have been set for Oct. 7 to Oct.18 at Court of Queen’s Bench in Prince Albert.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell