The current chief, former chief, and six others accused in the Poundmaker First Nation treaty land entitlement case will learn their fates Feb. 1.
That is when Judge Dan O'Hanlon plans to hand down his sentences in North Battleford Provincial Court in the case against current Chief Duane Antoine, former chief Ted (or Teddy) Antoine, and several other band councillors and TLE officials from the reserve.
To be decided is not only the length of the sentence that will be imposed - with the Crown seeking suspended sentences and probation for both the current and ex-chiefs - but likely whether Duane Antoine will even be allowed to stay on as Poundmaker chief.
O'Hanlon made it clear in court Tuesday he is considering whether to impose a restriction on whether Duane and Ted Antoine could hold public office as part of the sentence - a term which would spell immediate consequences for Duane's leadership at Poundmaker.
The fate of current band councillor Colin Favel also hangs in the balance, along with five other individuals who have also pled guilty to theft under $5,000, while three of them had additionally pled guilty to theft over $5,000.
Not dealt with Tuesday were matters involving a ninth individual, Victoria McMillan, who is awaiting trial on her charges in the case.
Sentencing began Tuesday for the eight individuals who had entered guilty pleas. There were two separate hearings that day, the first to deal with the matters involving Duane and Ted Antoine, while the second dealt with the other six individuals charged.
Both Duane and Ted Antoine faced charges stemming from incidents in 2003. They entered one guilty plea each to theft under $5,000 last year.
According to facts heard in court, that plea is in connection to their receipt of $2,500 each out of Treaty Land Entitlement fund money on June 26, 2003.
The TLE money was set aside in trust to purchase "shortfall acres" as part of a settlement agreement with the federal government.
As it turned out, Poundmaker First Nation did successfully purchase enough land to meet their shortfall acres requirement. What Poundmaker had was a surplus of money in their TLE trust account.
Those leftover funds were supposed to go towards land development, according to the terms of the trust.
Instead, an amount of just under $75,000 was apportioned out to some 26 band members including each of the accused, in direct contravention of the terms of the TLE which required that the money go back to the reserve. It was paid out according to a band council resolution.
At the time Ted Antoine was chief while Duane was a band councillor. In his submission before Judge Dan O'Hanlon, Crown prosecutor Glen Jacques stated that both of them were in positions of authority.
"They knew better," he said, calling it a "failing of trust placed in them by band members."
Jacques called for a suspended sentence with probation of a term between 15 to 24 months.
Defence counsel Ivan Frank, representing both Duane and Ted Antoine, called for a shorter probation term of one year. Frank also noted his clients were prepared to do community service hours or make a donation.
Victim impact statements were also filed, with prosecutor Jacques noting the "anguish" of band members over the misuse of band funds. Frank, though, noted much of the content in those statements was "completely irrelevant" and politically motivated - a point later echoed by counsel for the others accused in the case.
Both Frank and Jacques also said both Ted and Duane had paid $2,500 each in restitution which was being held in Frank's trust account.
When court reconvened following a brief recess, Judge O'Hanlon expressed his concern about where the restitution money would eventually go. He called it a "live issue" and indicated he was having difficulty coming up with a restitution order given that Antoine was still in charge as chief.
The judge made clear his concern about having the restitution money returned to the band where Antoine was still in control.
Crown prosecutor Jacques acknowledged it was "problematic" and suggested trying to find a specific project the funds could be directed to where the band might directly benefit.
Judge O'Hanlon also made it clear he was considering a requirement that would ban both Ted and Duane Antoine from holding public office as part of the sentence.
Defence counsel Frank voiced his objection to that idea, saying that issue was already considered by voters during the May 2012 band election.
In that vote, both Chief Duane Antoine and band councillor Colin Favel ran and won re-election while facing TLE charges.
The charges were a live issue in the race, noted Frank. Electors at Poundmaker "saw fit to elect my client as the chief," he said.
Frank further described a ban on holding office as "interference with the sovereignty of that Nation."
Judge O'Hanlon also voiced concerns about the pre-sentence report, which he said suggested that neither Duane or Ted were willing to accept full responsibility for the theft. The judge referred to a line in the report where Duane was quoted as saying, "I did not see it as stealing, but I guess it was wrong."
O'Hanlon has adjourned sentencing until Feb. 1, but while no final decision was made, the judge made it clear in his comments to both Duane and Ted Antoine that he was likely to make a ruling designed to prevent both of them from accessing and stealing band funds.
"I want to ensure that neither of you are in a position to steal from the people of Poundmaker," said O'Hanlon.
