McDonald v. Fond du Lac Denesuline First Nation

McDonald v. Fond du Lac Denesuline First Nation

The Appeal Board was not properly constituted because members were selected by the CEO rather than by the Membership at a special Band meeting and no valid BCRs effectuated the appointments; the CEO breached procedural fairness by failing to check and acknowledge registered appeal materials and by removing candidates from the ballot without adequate notice or opportunity to respond; an Appeal Board member provided evidence against an appellant creating a reasonable apprehension of bias; these defects rendered the Appeal Decisions void and justified certiorari setting them aside and remitting the appeals to a newly and properly constituted Appeal Board with strict timelines and court...

Citation
2022 FC 844
Parties
Applicant (candidate and Elector): Gerald Felix McDonald; Applicant (candidate and Elector): Mark Pacquette; Respondent (band): Fond du Lac Denesuline First Nation; Respondent (former Chief): Louie Mercredi; Respondent (former Councillor): Willie John Laurent; Respondent (former Councillor): Jake Mercredi; Respondent (former Councillor): Ronnie Augier; Respondent (former Councillor): Andrew Isadore; Respondent (former Councillor): Frederick Martin; Respondent (chief Electoral Officer): Derek McDonald; Respondent (deputy Electoral Officer): Jules Lidguerre
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 June 2022
Procedural Posture
Judicial Review / Final Judgment (reasons Issued)
Outcome
Application for judicial review allowed; Appeal Decisions quashed; appeals remitted to a newly and properly constituted Appeal Board; Court retains jurisdiction to oversee implementation
Legal Topics
Procedural Fairness, Appeal Board Constitution, Electoral Process and Compliance, Judicial Remedies (certiorari, Remittal)
Source Language
English
Administrative Law Election Law Indigenous Law Public Law Procedural Fairness Appeal Board Constitution Electoral Process and Compliance Judicial Remedies (certiorari, Remittal)

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Parties

Gerald Felix McDonald

Applicant (candidate and Elector)

Mark Pacquette

Applicant (candidate and Elector)

Fond du Lac Denesuline First Nation

Respondent (band)

Louie Mercredi

Respondent (former Chief)

Willie John Laurent

Respondent (former Councillor)

Jake Mercredi

Respondent (former Councillor)

Ronnie Augier

Respondent (former Councillor)

Andrew Isadore

Respondent (former Councillor)

Frederick Martin

Respondent (former Councillor)

Derek McDonald

Respondent (chief Electoral Officer)

Jules Lidguerre

Respondent (deputy Electoral Officer)

Procedural Posture

Judicial Review / Final Judgment (reasons Issued)

Legal Issues

  1. 1 Was the Appeal Board properly constituted?
  2. 2 Did the CEO and/or Appeal Board breach procedural fairness?
  3. 3 Did the General Election comply with the Election Act?

Ratio Decidendi

The Appeal Board was not properly constituted because members were selected by the CEO rather than by the Membership at a special Band meeting and no valid BCRs effectuated the appointments; the CEO breached procedural fairness by failing to check and acknowledge registered appeal materials and by removing candidates from the ballot without adequate notice or opportunity to respond; an Appeal Board member provided evidence against an appellant creating a reasonable apprehension of bias; these defects rendered the Appeal Decisions void and justified certiorari setting them aside and remitting the appeals to a newly and properly constituted Appeal Board with strict timelines and court...

Court Disposition

Application for judicial review allowed; Appeal Decisions quashed; appeals remitted to a newly and properly constituted Appeal Board; Court retains jurisdiction to oversee implementation

Orders

  • The Appeal Decisions are quashed.
  • The Respondent Fond du Lac Denesuline First Nation is ordered to hold a special Band meeting to appoint the Appeal Board in accordance with section 3.3 of the Election Act within 14 days of this Order.