Can Chief and Council Go to Jail? What Every First Nation Member Needs to Know
By Amanda Perreault, Founder of Lynx Clan Watch
What happens when Chief and Council overstep their authority? When community funds are misused, housing rights are violated, or decisions are made that harm rather than help the people? These are difficult questions, but they’re ones every First Nation member deserves honest answers to.
There’s a common belief that elected leadership is untouchable—that once someone is in power, they are beyond accountability. But that belief is not only untrue—it’s dangerous. The truth is that Chiefs and Councils are not above the law. They can be held accountable. And in some cases, they can face legal consequences, including jail time.
Let’s take a closer look at the legal protections in place for First Nation members and how we can stand up for our rights in the face of injustice.
Leadership Has a Duty to the People
Chiefs and Councils are elected to serve, not to control. Their role comes with a fiduciary duty—a legal and ethical obligation to act in the best interests of the community. When this duty is broken through intimidation, financial misconduct, or unfair evictions, the law has the power to step in.
Across Canada, court cases have confirmed that leadership must be held to account, just like any other elected official. Here are some key examples of how that happens:
1. Breach of Trust – Up to 5 Years in Prison
In R. v. Boulanger (2006), the Supreme Court of Canada ruled that public officials—including Chief and Council—can be charged with breach of trust if they misuse their authority. This includes unfairly denying services, evicting residents without cause, or taking resources meant for the whole community.
Legal Penalty: Up to five years in prison under Section 122 of the Criminal Code.
2. Fraud – Up to 14 Years in Prison
In Webb v. Genaille (2023), members of Peters First Nation successfully sued their Chief and Council for misusing band funds. The court found them guilty of financial mismanagement, awarding over $85,000 in damages. Fraud charges apply when leadership misuses money, falsifies records, or diverts funds meant for programs and services.
Legal Penalty: Fraud over $5,000 carries a penalty of up to 14 years in prison (Section 380, Criminal Code).
3. Intimidation – Up to 5 Years in Prison
Evictions without process or pressuring individuals to leave their homes are not just unethical—they may be illegal. In Haack v. Martin (1927), the courts recognized wrongful eviction as a serious violation.
Legal Penalty: Up to five years in prison for intimidation (Section 423, Criminal Code).
4. Retaliation and Human Rights Violations
When community members speak out and face punishment for doing so, this may constitute a human rights violation. In Bédard v. Isaac (1971), a woman who was wrongfully removed from her home due to discriminatory policies won her case. This reaffirms that everyone has a right to fair treatment.
Legal Recourse: File a complaint with the Canadian Human Rights Commission and seek damages.
What You Can Do to Protect Your Rights
If you or someone you know has been harmed by leadership decisions, you are not alone—and you are not powerless. Here are steps you can take:
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Document Everything
Keep records of notices, emails, and conversations. Write down dates and names. Save any communication related to housing, services, or threats. -
Ask for Financial Transparency
Every member has the right to see how funds are being spent. If you’re denied access, you can submit a formal request through Indigenous Services Canada. -
Seek Legal Help
Injunctions and lawsuits are tools that can stop further harm and provide compensation. Legal support is available—don’t hesitate to use it. -
Build Community Support
Many voices are louder than one. Gather signatures, hold meetings, and speak out together. The more awareness we build, the more power we reclaim.
Why This Matters
This isn’t just about one case or one Chief. It’s about creating a culture where fairness, transparency, and accountability are the norm—not the exception. Every person in our communities deserves to feel safe, respected, and heard.
And so, the message is clear: Chiefs and Councils can be held accountable. They can face consequences. And most importantly, community members have the right—and the power—to demand justice.
Let us continue to walk together with wisdom, courage, honesty, truth, respect, love, humility and forgiveness in our hearts minds and spirits til we take our journey back to ghizhe manidoo.
