'We want fairness and equality for our people,' read the white sign held up in front the Whitehorse courthouse on Thursday afternoon.

The phrase, written in black marker, was held by a protester. The group of around 25 people gathered outside the building just before 2 p.m.

They are members of the Ta'an Kw‰ch'‰n First Nation and were taking to the streets yesterday in support of Bonnie Harpe's appearance in Yukon Supreme Court.

Harpe has brought a suit against the Ta'an Kw‰ch'‰n Council saying the 2004 election for chief did not follow elections rules.

As a result, the suit says, the election is void and interim acting Chief Ruth Massie has no legitimate claim to power.

The protesters agree with the claim, saying they want a new chief.

'I'm hoping to achieve the best for our band and another chief and all of the fairness,' Tracy Blanchard said on the sidewalk in front of the courthouse.

Minutes before 2 p.m., the protesters ducked out of the rain to fill the single-bench gallery of the courtroom, spilling out into the hall.

The main issue Thursday was whether the court would issue an injunction, banning the first nation from calling an election while the case is before the courts.

This subject dominated discussions in court because a clause in the recently-enacted Elections Act states that a person with an outstanding legal action against the first nation may not run for chief or deputy chief for five years.

An election is due to be called before the end of October, Harpe's lawyer, Andre Roothman, said Thursday. He was seeking a court order to block an election call until Harpe's case has been concluded, to avoid excluding her from the running.

'We submit that, as far as it concerns the election, this is a critical thing,' Roothman told the court.

Another reason to stop Ta'an Kw‰ch'‰n from calling an election is that under the Elections Act, a candidate must submit his or her nomination 45 days before the election, Roothman said.

Since a candidate cannot run if he or she has an outstanding legal action against the council, it means Harpe's case would have to be closed more than 45 days before the polling day.

Debra Fendrick, the lawyer representing Massie and the Ta'an Kw‰ch'‰n Council, said there had not been sufficient time to prepare for the case.

The motion to prevent Ta'an Kw‰ch'‰n from calling an election was filed on Wednesday.

Fendrick asked Justice Ron Veale for an adjournment.

The case is significant, she said, because it tests constitutional matters in a self-governing first nation.

'This is the first time that a first nations constitution has been constitutionally tested in this manner,' she told the court.

While Veale agreed that time is an important issue, he ultimately granted the adjournment, setting a two-day trial for Sept. 7-8.

'I think this is an issue of the constitution and the interpretation of the constitution,' Veale said.

Such issues are to be expected when a constitution is new and being tested, Roothman said in an interview before the hearing.

'It's a very new field,' he said. 'In this case, self-government has not been in place for a very long time. One expects some teething problems.'

'The underlying issue is whether the boundaries of authority of the various constituent bodies of the first nation government have been exceeded.'

More than once during the afternoon hearing, Veale said if any issues arise for either side before the trial is set to begin, they are free to return to court.

For example, if Ta'an Kw‰ch'‰n called an election in the meantime, the court would deal with the issue of a possible injunction.

Roothman said after the hearing that it's clear the court is relying on the 'good faith' of the parties involved in the suit.

'While I'm very disappointed in the delay, I understand that all of it will be dealt with in three weeks,' Harpe said after the hearing.

'I'm also disappointed that the current acting chief has been allowed to be acting chief for 15 months. I've been waiting 15 months, though; I can wait another three weeks.'