Wanderingspirit v. Marie

Wanderingspirit v. Marie

Salt River First Nation had an established election custom (regular biennial elections, advance notice, closed nominations, secret ballot); the November 3, 2002 meeting departed fundamentally from that custom (no notice, no nominations, no secret ballot, rump turnout) and there was no evidence of a broad consensus to change the custom; the process therefore was void for violating established custom and principles of natural justice, and the applicants (and Norman Starr) remain the duly elected councillors.

Citation
2003 FCT 670
Parties
Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002): Melvin Wanderingspirit; Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002): Delphine Beaulieu; Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002): Toni Heron; Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002): Raymond Beaver; Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002): Sonny McDonald; Respondent Chief (uncontested): Victor Marie; Respondent Councillor (uncontested, Duly Elected August 30, 2002): Norman Starr; Respondent Purportedly Elected Band Councillor (november 3, 2002): Nora Beaver; Respondent Purportedly Elected Band Councillor (november 3, 2002): David Gowans; Respondent Purportedly Elected Band Councillor (november 3, 2002): Connie Benwell; Respondent Purportedly Elected Band Councillor (november 3, 2002): Michel Bjornson; Respondent Purportedly Elected Band Councillor (november 3, 2002): Harvey Lepine; Respondent Purportedly Elected Band Councillor (november 3, 2002): Don Tourangeau; Respondent Acting Interim Band Manager: Jeannie Marie-Jewell
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 May 2003
Procedural Posture
Judicial Review / Decision (reasons for Order and Order)
Outcome
Application granted in part: the November 3, 2002 election was declared void; the applicants and Norman Starr declared duly elected; some requested relief refused for lack of jurisdiction; costs awarded to applicants; existing interim freeze orders maintained until expiry of appeal period.
Legal Topics
Band Elections, Customary Law, Natural Justice, Judicial Review, Asset Freeze
Source Language
English
Aboriginal Law Administrative Law Election Law Equity/trusts Band Elections Customary Law Natural Justice Judicial Review +1 more

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Parties

Melvin Wanderingspirit

Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002)

Delphine Beaulieu

Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002)

Toni Heron

Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002)

Raymond Beaver

Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002)

Sonny McDonald

Applicant Councillor, Salt River First Nation 195 (elected August 30, 2002)

Victor Marie

Respondent Chief (uncontested)

Norman Starr

Respondent Councillor (uncontested, Duly Elected August 30, 2002)

Nora Beaver

Respondent Purportedly Elected Band Councillor (november 3, 2002)

David Gowans

Respondent Purportedly Elected Band Councillor (november 3, 2002)

Connie Benwell

Respondent Purportedly Elected Band Councillor (november 3, 2002)

Michel Bjornson

Respondent Purportedly Elected Band Councillor (november 3, 2002)

Harvey Lepine

Respondent Purportedly Elected Band Councillor (november 3, 2002)

Don Tourangeau

Respondent Purportedly Elected Band Councillor (november 3, 2002)

Jeannie Marie-Jewell

Respondent Acting Interim Band Manager

Procedural Posture

Judicial Review / Decision (reasons for Order and Order)

Legal Issues

  1. 1 Whether the November 3, 2002 meeting and election complied with SRFN election custom
  2. 2 Whether SRFN had an established election custom and whether it had been validly changed
  3. 3 Whether the November 3, 2002 process breached principles of natural justice and fairness (disenfranchisement)

Ratio Decidendi

Salt River First Nation had an established election custom (regular biennial elections, advance notice, closed nominations, secret ballot); the November 3, 2002 meeting departed fundamentally from that custom (no notice, no nominations, no secret ballot, rump turnout) and there was no evidence of a broad consensus to change the custom; the process therefore was void for violating established custom and principles of natural justice, and the applicants (and Norman Starr) remain the duly elected councillors.

Court Disposition

Application granted in part: the November 3, 2002 election was declared void; the applicants and Norman Starr declared duly elected; some requested relief refused for lack of jurisdiction; costs awarded to applicants; existing interim freeze orders maintained until expiry of appeal period.

Orders

  • Declaration that the purported removal of the applicants at the November 3, 2002 meeting is void and of no effect
  • Declaration that the purported election of Nora Beaver, David Gowans, Connie Benwell, Michel Bjornson, Harvey Lepine and Don Tourangeau on November 3, 2002 is void and of no effect