A visiting judge will wait until Friday to decide whether he can rule on the 2005 Kwanlin Dun First Nation (KDFN) election.

As proceedings into the June 2005 KDFN election began in Yukon Supreme Court once again Wednesday, Justice Wallace Darichuk questioned whether he has the jurisdiction to hear the case.

The election was first brought to court in 2005 when Kwanlin Dun members Jennifer Edzerza, Helen Charlie and Jacine Fox filed a petition that the election be voided because, they argue, it did not follow the guidelines and procedures set out in the band's constitution.

Fox was the only plaintiff to have run in the election. She lost in her run for one of six councillor positions to Edith Baker by two votes: 112 to 110.

In 2006, the issue was ordered to go back to the first nation to be resolved before it could come back to Yukon Supreme Court.

During yesterday's proceedings, Andre Roothman, the plaintiff's lawyer, told the court the issue over the inconsistencies go back to the chief and council following last year's hearing before Justice RenÈ Foisy.

While the first nation has changed the procedures around votes, the election has not been voided, Roothman explained.

The constitution for the first nation states matters must go to the judicial council of the first nation, if the petitioner isn't satisfied after it goes through the chief and council process. Only after that can it go to court, it was noted.

Roothman began his case by going through the events around the KDFN land claims and self-government agreements, which took effect in April 2005.

Within the first nation's constitution, which was filed within the three binders of documents before the court, Roothman said the procedure for matters is to go before the chief and council, judicial council and then court, if need be.

At the time the petition came forward, there was no judicial council.

When it was ordered to go back to the chief and council, the plaintiffs weren't satisfied with the result and brought it back to court.

It was then that Darichuk questioned why it hadn't gone before the judicial council, which is now in place.

Throughout the afternoon session, Roothman argued the matter should now be in the court's hands, while Kwanlin Dun lawyer Gary Whittle told the court it should be before the judicial council.

'There was no judicial council to deal with matters,' Roothman said.

The judicial council for the first nation wasn't formed until a year after the election had been held.

With no judicial council in place at the time the petition was brought forward, it is not a matter for the current judicial council to deal with, Roothman argued.

He also suggested that given the two years there's been the issue, it should be dealt with as soon as possible through court.

If it goes before the judicial council, he said, it may then come back to court yet again following that decision, which could mean another two years to deal with it.

Already there have been two years of constitutional uncertainty, Roothman argued.

'The whole process has been stalled,' he said.

In presenting his arguments, Whittle brought forward a number of arguments and similar cases that had been presented to Foisy last year.

He also pointed to the self-government agreement and constitution, noting the procedure calling for the judicial council to review the cases.

Darichuk is set to come back with his decision on jurisdiction tomorrow morning.