A photo taken of Napoleon Mercredi outside Prince Albert Court of Queen's Bench. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Court Proceedings

Sentencing delayed for former Fond Du Lac band Chief

Oct 9, 2020 | 2:00 PM

The sentencing of a former Saskatchewan first nations chief, convicted of fraud and breach of trust, has been delayed another two weeks and it appears the current band council is prepared to pay at least part of the restitution.

During his term as Chief at Fond-du-Lac from the fall of 2009 to the fall of 2011, Napoleon Mercredi has been held personally responsible for the misappropriation of $260,000 of band funds. That includes $29,000 for a truck.

The sentencing hearing for the 64-year-old was scheduled to take place Friday morning, however Mercredi’s lawyer Garth Bendig advised the court that the Fond Du Lac band council was requesting a chance to speak.

Stating that the victim of every crime should have a chance to be heard, Justice Meschisnick ultimately agreed to the adjournment request.

Outside the courtroom, Bendig confirmed for paNOW he was contacted by the band and acknowledged the current chief, Louie Mercredi, is in fact Napoleon Mercredi’s brother.

BDO Debt Solutions

Deck the Halls Without Breaking the Bank: Tips for a Budget-Friendly Holiday

20h ago

RPCN Artist

'Felt like a movie': Chris Chipak making waves in the art world

21h ago

MMA

"The Lion" roars in New Brunswick

21h ago

“But he also has the support of council which he is not related to. It’s a small community,” Bendig said.

At a separate court hearing on Sept, 19, Bendig explained Mercredi was owed money from the band. At the time Napolean Mercredi lost the election in 2011, he was not allowed to return to his job as economic development officer, which was in violation of the band’s own election act. Bendig was asked by paNOW if he knew how much money was to be put by the band.

“I don’t know, you’d have to ask them,” he replied.

Chief Louie Mercredi was contacted by paNOW by phone but he declined comment. Bendig was also asked by reporters Friday to comment on the political aspect of the case. During the trial members of the chief and council that succeeded the one led by Mercredi were essentially calling for justice, while now the present council appears to be taking a much different stance.

“It was a strange set of circumstances that brings Napoleon Mercredi to this court in accessing effectively a line of credit that was made available to him without any parameters, without any restrictions,” Bendig said. “As you heard other First Nations have spent that line of credit. Effectively it was a lack of documentation on the spending that I think was the most challenging part of this.”

At he conclusion of the case, Mercredi is expected to spend a period of time in custody, however it remains to be seen how much.The Crown has suggested a prison sentence of three and a half years, while defence suggested a provincial sentence (less than two years) would be more appropriate.

The case has been adjourned to Oct. 23. Meschisnick has indicated he may proceed at that time with sentencing.

—

nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell