Awashish v. Atikamekw of Opitciwan First Nation

Awashish v. Atikamekw of Opitciwan First Nation

The Court exercised its discretion under Rule 397 to extend the ten-day limit, found that the omission in the July 20, 2007 order was accidental and correctable, and amended the order to provisionally reinstate the last legitimately elected Band Council to implement the validated Electoral Code and organize new elections within specified timeframes.

Citation
2007 FC 1218
Parties
Applicants: Marc Awashish; Denis Weizineau; Noëlla Chachai; Nathalie Awashish; Clément Clary; Respondents: Atikamekw of Opitciwan Band Council; Jean-Pierre Mattawa; Fernand Denis-Damée; Régina Chachai; Martine Awashish; Boniface Awashish; Charles Jean-Pierre; Annie Chachai; Intervener: Simon Awashish
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 November 2007
Procedural Posture
Motion to Reconsider Under Federal Court Rules (post Judgment) / Written Motion (post Judgment Reconsideration)
Outcome
Motion granted to the extent the Court amended its July 20, 2007 order to provisionally reinstate the prior Band Council and to direct steps to organize new elections; no costs.
Legal Topics
Rule 397 Reconsideration, Band Council Elections, Electoral Code Validation, Provisional Reinstatement of Governing Body
Source Language
English
Administrative Law Indigenous Law Electoral Law Civil Procedure Rule 397 Reconsideration Band Council Elections Electoral Code Validation Provisional Reinstatement of Governing Body

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Parties

Marc Awashish; Denis Weizineau; Noëlla Chachai; Nathalie Awashish; Clément Clary

Applicants

Atikamekw of Opitciwan Band Council; Jean-Pierre Mattawa; Fernand Denis-Damée; Régina Chachai; Martine Awashish; Boniface Awashish; Charles Jean-Pierre; Annie Chachai

Respondents

Simon Awashish

Intervener

Procedural Posture

Motion to Reconsider Under Federal Court Rules (post Judgment) / Written Motion (post Judgment Reconsideration)

Legal Issues

  1. 1 Whether the ten-day Rule 397 limitation can be extended
  2. 2 Whether an omitted matter in the July 20, 2007 order can be corrected under Rule 397
  3. 3 Whether the last legitimately elected Band Council can be provisionally reinstated to organize elections under the Electoral Code

Ratio Decidendi

The Court exercised its discretion under Rule 397 to extend the ten-day limit, found that the omission in the July 20, 2007 order was accidental and correctable, and amended the order to provisionally reinstate the last legitimately elected Band Council to implement the validated Electoral Code and organize new elections within specified timeframes.

Court Disposition

Motion granted to the extent the Court amended its July 20, 2007 order to provisionally reinstate the prior Band Council and to direct steps to organize new elections; no costs.

Orders

  • Declare Simon Awashish, Maria Chachai, Fernand Denis-Damée, Marc Awashish, Hubert Clary, Pete Chachai, Louis-Michel Dubé, Johnny Chachai, Charles Jean-Pierre, Mario Chachai and Denis Clary to constitute the provisional Atikamekw of Opitciwan Band Council empowered to organize new elections and direct the affairs of...
  • Approve the Band Council's undertaking to hold a session within 48 working hours to ratify the appointment of a returning officer (clause 15.1), ratify appointment of election board members (clause 16.2) and determine the date of forthcoming elections (clauses 4.3 and 6.3)