Indian and Northern Affairs Canada will go ahead with an audit of the Lower Nicola Indian Band and its concerns between members, Chief Don Moses, and Council.

After meeting with Moses and band members last week, INAC has decided to carry out an audit of the Band.

“At this point, I understand there is a scoping exercise,” said INAC media relations officer Margot Geduld.

The decision comes following INAC’s meeting with Band members at the Band office last week to hear the concerns of members, many of whom say they are in disagreement with Chief Moses’ actions regarding the resignations of three councillors and the handling of the Band’s finances.

Both sides say they support the audit.

“I expect it will verify the findings of the Elders Investigative Committee,” said Don Moses.

“It’s going to be a complete federal audit and it’s going to take up to a year.”

Some members have stated they do not stand by the Chief’s calling for the resignation of former councillors Clyde Sam, Mary June, and Stuart Jackson, who Moses accuses of misappropriating $1.2 million of the Band’s money.

Former LNIB Chief Arthur Dick says Moses is not carrying out due process in his duties as Chief and says members have brought forth a petition for impeachment over Moses’ handling of financial affairs.

“The people have been tolerating our Chief for two and a half years and now the people have said enough is enough,” said Dick.

Dick and some members support the former Councillors despite the July 22, 2009 Federal Court decision.

Justice Daničle Tremblay-Lamer’s judgment states that the findings and recommendations of the Elders Investigative Committee, whose investigation cost the Band $60,000, according to Yvonne Basil, are accepted and found to be reasonable.

The judgment goes on to say that “the impeachment of the impugned Councillors by the EIC are declared invalid.”

However, it says the “resignations of the Councillors are validly accepted by Chief Don Moses.”

The LNIB Oath of Office states that Councillors “will resign from our elected position whenever we have been found to be in contravention of the Band’s election rules and Chief and Council Policy and Procedures or of this oath of office.”

Moses says the three former Councillors’ resignations were automatic upon being found in contravention.

The Federal Court’s citation in section 105 states:

“The facts indicate that Councillors Jackson, Coutlee, and Sam acted contrary to the above, thereby exhibiting actions that fail to uphold their obligations as fiduciaries. Each, by way of Affidavit evidence, has given context to their breaches, but at no point have they provided evidence to the effect that the EIC’s findings are unreasonable.”

Justice Tremblay’s judgment calls for remaining issues to be voted on by way of referendum.

“The referendum is going to take place when we make our revision to the band election rules,” said Moses.

He says the referendum will take place some time next month and will make Band rules more specific.

“One thing we’ve asked is that they can’t run for Chief or council for 10 years and that they can’t serve as director of anything to do with the Band,” says EIC Elder Madelaine Lanaro of those found in breach.

During the meeting with INAC last week, former Chief Arthur Dick along with some members say due process was not followed and Chief Moses has not consulted with all Band members affected by the construction of water lines for the LNIB industrial park.

Moses says all those involved have been consulted.

“Everybody that the water line goes through their property has agreed,” says Moses.

“We’ve spent $1 million already.”

Ottawa has put up $2.1 million grant money for the park, which is expected to employ up to 50 people.