Chipesia v. Blueberry River First Nations

Chipesia v. Blueberry River First Nations

The application is dismissed because the operative decision exempting the Band from the Indian Act elections was the Minister's s 74(1) Order which the Applicants did not challenge and the Minister was not joined; the applicants' challenges to consultation, notice and the Family Group provisions therefore improperly collaterally attack that order and are time-barred or premature; on the merits the consultation and notice were adequate and no established s 15 breach is shown on the record.

Citation
2019 FC 41
Parties
Applicants: PATRICK CHIPESIA, CLARENCE APSASSIN, GABRIEL HARVEY, SYLVESTER APSASSIN, ANGELA APSASSIN, SUSAN DUMAS, AMANDA APSASSIN, TRACY PAQUETTE, VANESSA APSASSIN, ANTHONY POUCE-COUPE, HENRY APSASSIN, JOSEPH APSASSIN, MALCOLM APSASSIN, RUSSELL APSASSIN AND WALTER APSASSIN; Respondents: BLUEBERRY RIVER FIRST NATIONS AND CHIEF MARVIN YAHEY SR., SHAWN DAVIS, SHERRY DOMINIC, DEREK GREYEYES, WAYNE YAHEY AS CHIEF AND COUNCIL REPRESENTATIVES OF THE BLUEBERRY RIVER FIRST NATIONS
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 January 2019
Procedural Posture
Judicial Review / Final Judgment (dismissed)
Outcome
Application for judicial review dismissed
Legal Topics
Custom Election Code, S 74(1) Indian Act Order, Procedural Fairness and Notice, Charter S15 Discrimination, Judicial Review, Time Limitation for Review
Source Language
English
Administrative Law Constitutional Law Indigenous Law Electoral Law Custom Election Code S 74(1) Indian Act Order Procedural Fairness and Notice Charter S15 Discrimination +2 more

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Parties

PATRICK CHIPESIA, CLARENCE APSASSIN, GABRIEL HARVEY, SYLVESTER APSASSIN, ANGELA APSASSIN, SUSAN DUMAS, AMANDA APSASSIN, TRACY PAQUETTE, VANESSA APSASSIN, ANTHONY POUCE-COUPE, HENRY APSASSIN, JOSEPH APSASSIN, MALCOLM APSASSIN, RUSSELL APSASSIN AND WALTER APSASSIN

Applicants

BLUEBERRY RIVER FIRST NATIONS AND CHIEF MARVIN YAHEY SR., SHAWN DAVIS, SHERRY DOMINIC, DEREK GREYEYES, WAYNE YAHEY AS CHIEF AND COUNCIL REPRESENTATIVES OF THE BLUEBERRY RIVER FIRST NATIONS

Respondents

Procedural Posture

Judicial Review / Final Judgment (dismissed)

Legal Issues

  1. 1 Whether the Election Code reflected a broad community consensus and therefore constituted a valid Band custom
  2. 2 Whether the consultation and notice processes comported with procedural fairness and were timely
  3. 3 Whether the Family Group provisions of the Election Code discriminated contrary to s 15 of the Charter

Ratio Decidendi

The application is dismissed because the operative decision exempting the Band from the Indian Act elections was the Minister's s 74(1) Order which the Applicants did not challenge and the Minister was not joined; the applicants' challenges to consultation, notice and the Family Group provisions therefore improperly collaterally attack that order and are time-barred or premature; on the merits the consultation and notice were adequate and no established s 15 breach is shown on the record.

Court Disposition

Application for judicial review dismissed

Orders

  • This application for judicial review is dismissed.
  • The parties may address the Court on the issue of costs; written submissions not exceeding 3 pages may be delivered within two weeks, with one week for response and one week for reply.