A B.C. Supreme Court judge has ruled that Chad Norman Day, former president of the Tahltan Central Government (TGC), was wrongfully dismissed after being placed on administrative suspension amid internal conflict with board members.
"The Board鈥檚 failure to follow these important procedures rendered its suspension of Mr. Day unlawful and unjustified, and a wrongful constructive dismissal," Justice Kirchner wrote in the court鈥檚 decision.
Day had served as president of the TCG since 2014 and was in his fourth term when disputes emerged with several board members. He was suspended with pay in November 2023, following four complaints that included allegations of improper communication, using legal counsel for personal matters, and interfering with staff.
While the judge accepted the Board had the authority to suspend a president during an investigation, the ruling found the process outlined in the TCG鈥檚 Governance Policy Manual was not followed. 鈥淚 have no hesitation in finding the Board breached or unilaterally altered a term of Mr. Day鈥檚 employment contract when it placed Mr. Day on administrative suspension without complying with the Director Accountability Process,鈥� the decision stated.
Day was awarded $354,725 in damages for lost wages and other compensations. Claims for aggravated and punitive damages were dismissed. 鈥淚 am not able to conclude that the Board acted in bad faith or reprehensibly,鈥� Justice Kirchner noted.
Day welcomed the decision in a press release.
鈥淭his ruling affirms what I, my former TCG colleagues, and many others already knew. The majority of the former TCG Board disregarded many standard HR policies, TCG governance procedures and Tahltan cultural values that aimed to protect the integrity of our central government, our TCG staff and Tahltan democracy,鈥� he said.
鈥淚t鈥檚 unfortunate the TCG Board rejected offers to negotiate and mediate around these internal issues in a cultural way.鈥�
The ruling noted tensions within the Board were compounded by overlapping job descriptions and rapid organizational growth. When Day began his presidency, the TCG was a smaller body with just a few departments. He directly oversaw operations and supervised senior staff. By 2023, the organization had grown to more than 50 staff across 13 departments and was operating under a new governance structure that emphasized separation between board and executive functions, leading to confusion over roles and responsibilities.
Justice Kirchner wrote that blame for the breakdown in working relationships was shared by all. 鈥淎t the end of the day, I am not able to find the facts on this summary trial application to reach a conclusion on who was responsible for the animosity on the Board but there appears to be some fault on all sides.鈥�
The court also addressed allegations that Day contributed to workplace dysfunction, including claims of spreading misinformation and interfering with staff. The judge found the Board failed to provide sufficient evidence to justify the suspension on those grounds.
Following the July 6 TCG election, nearly all board members who supported the motion to suspend Day did not return to office.
Day called the election results a sign of change. 鈥淭he outcome of the recent TCG election was a clear indictment of most of the former TCG Board members and shows that the Tahltan people want to see significant changes,鈥� he said.
He also called for reforms to the TCG鈥檚 governance and financial practices. 鈥淚t is unacceptable that we continue sending the majority of the Tahltan Nation鈥檚 annual revenues from industrial projects into a trust fund managed outside our homeland,鈥� he said.
Despite the court battle, Day expressed optimism for the Nation鈥檚 future and pledged to support the new board and staff through his consulting firm.
