Ratt v. Matchewan

Ratt v. Matchewan

The Federal Court has jurisdiction to review customary band leadership selection processes and supervising bodies; the June 24, 2009 selection process failed to comply with the Mitchikanibikok Anishinabe Onakinakewin and was biased and unfair (including funding and organizational links creating appearance of partiality), therefore the Court will declare that process invalid; quo warranto relief is denied because respondents had not demonstrably exercised the offices; no costs awarded.

Citation
2010 FC 160
Parties
Applicants (purporting Customary Chief and Band Council): Casey Ratt, Rickey Decoursay, Roger Jerome, Wayne Papatie and Donat Thusky; the Elders of Mitchikanibikok Inik (Algonquin of Barriere Lake) and the People; Respondents (purported New Chief and Band Council and Elders Council): Jean Maurice Matchewan, Benjamin Nottaway, Eugene Nottaway, Joey Decoursay and David Wawatie; Eddy Nottaway, Michel Thusky, Jeannine Matchewan and Louisa Papatie
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 February 2010
Procedural Posture
Judicial Review (federal Courts Act Ss.18, 18.1) / Final Judgment (reasons for Judgment)
Outcome
Application granted in part; process leading to June 24, 2009 leadership selection declared invalid; quo warranto relief denied; no costs awarded
Legal Topics
Customary Leadership Selection, Judicial Review Jurisdiction, Procedural Fairness and Bias, Quo Warranto, Eligibility of Selectors (corbiere)
Source Language
English
Administrative Law Indigenous/customary Law Constitutional Law (charter Equality) Electoral Law (band Governance) Customary Leadership Selection Judicial Review Jurisdiction Procedural Fairness and Bias Quo Warranto +1 more

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Parties

Casey Ratt, Rickey Decoursay, Roger Jerome, Wayne Papatie and Donat Thusky; the Elders of Mitchikanibikok Inik (Algonquin of Barriere Lake) and the People

Applicants (purporting Customary Chief and Band Council)

Jean Maurice Matchewan, Benjamin Nottaway, Eugene Nottaway, Joey Decoursay and David Wawatie; Eddy Nottaway, Michel Thusky, Jeannine Matchewan and Louisa Papatie

Respondents (purported New Chief and Band Council and Elders Council)

Procedural Posture

Judicial Review (federal Courts Act Ss.18, 18.1) / Final Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether Federal Court has jurisdiction to review customary band leadership processes and bodies supervising them
  2. 2 Whether the Mitchikanibikok Anishinabe Onakinakewin was complied with in the June 24, 2009 selection
  3. 3 Whether the June 24, 2009 process was biased or procedurally unfair

Ratio Decidendi

The Federal Court has jurisdiction to review customary band leadership selection processes and supervising bodies; the June 24, 2009 selection process failed to comply with the Mitchikanibikok Anishinabe Onakinakewin and was biased and unfair (including funding and organizational links creating appearance of partiality), therefore the Court will declare that process invalid; quo warranto relief is denied because respondents had not demonstrably exercised the offices; no costs awarded.

Court Disposition

Application granted in part; process leading to June 24, 2009 leadership selection declared invalid; quo warranto relief denied; no costs awarded

Orders

  • Application granted in part
  • Process leading to and concluding with the June 24, 2009 leadership selection for the Algonquin of Barriere Lake is declared invalid