Last year's election for chief and deputy chief of the Ta'an Kwach'an Council has been ruled invalid in a decision delivered Monday by a local judicial council.

A press release issued this morning by the Ta'an first nation says it was decided at a board of director's meeting Wednesday night that there would be no appeal of the ruling.

It is also stated the board would meet with Ta'an's elders' council this afternoon to discuss how to proceed in light of the decision.

Ta'an spokesman Dietmar Tramm said this morning the date for a new election is certain to be on the agenda for this afternoon's meeting.

He explained the judicial council found in favour of Bonnie Harpe, a candidate for chief who placed second to Chief Ruth Massie by two votes on April 30, 2004.

While Harpe had filed several different challenges that were dismissed by the judicial council, the three-member panel of judges did rule in favour Monday on one of Harpe's challenges.

Harpe had contested the eligibility of candidate Sam Broeren for chief.

Under the Ta'an Kwach'an constitution, members of the Lake Laberge first nation are not allowed to run for office if they have a criminal record for an indictable offence, or a record of criminal activity related to theft, fraud of misrepresentation.

Broeren had filed for an RCMP check of his criminal record seven weeks before the April 30 election. However, he had not received it prior to the election day, though he signed a declaration stating to the best of his knowledge he was eligible to run.

For some reason yet to be explained by the RCMP, the judicial council notes in its decision, the record check was not made available to the judicial council until late last month, almost a year after the election.

The check shows that Broeren had been convicted of possession of stolen property 40 years ago, and at the time, the crime was an indictable offence.

Possession of stolen property is now an offence that can be prosecuted by the more serious indictment of less serious summary conviction process.

'In the event, Mr. Broeren was allowed to stand as a candidate in the election and, while he placed third, he received nearly 30 per cent of the votes cast (48 of 160 votes); significantly more votes than the narrow two-vote difference between the first and second place candidates,' the judicial council writes in its four-page decision.

'Had Mr. Broeren's ineligibility been determined prior to the election, the votes he received may well have been cast for one of the other candidates.

'Given the number of votes received by Mr. Broeren and the narrow margin of victory, the judicial council is satisfied on a balance of probabilities that, in this case, the inclusion of an ineligible candidate in the election may have materially affected the election results.'

Neither Massie nor Harpe could be reached for comment this morning.

In its findings, the judicial council recommends the first nation develop a stronger relationship with the RCMP that could result in a quicker turnaround of requests for criminal records.

It's expected the first nation will say more about the impact of the council's decision following this afternoon's meeting between the board and elders' council, it has been suggested.

Under the Ta'an constitution, elections are held for the position of chief and deputy chief, while the remaining nine seats on the board of directors are appointed by the five primary families that make up the first nation.

Gerry Geddes was elected as deputy chief a year ago, but left the position a couple of months later. It has been vacant since.