Jackson v. Piikani Nation Election Appeals Board

Jackson v. Piikani Nation Election Appeals Board

The CEO lacked authority under the Piikani Nation Election By-law and Regulations to declare the Applicants ineligible on the basis of PIIKANISSINI and the Board lacked jurisdiction to determine eligibility to run; however, the court exercised discretion not to void the election and ordered the Band to amend its By-law (incorporate paragraph (c) of s.10.05.02 into s.6.02) within six months or face solicitor-client costs, quashing the Board's decision and making the CEO's quashing conditional on compliance.

Citation
2008 FC 130
Parties
Applicant: Brian Jackson; Applicant: Daniel Northman; Applicant: Rod North Peigan; Applicant: Janet Potts; Respondent Chief Electoral Officer: Rebecca Yellow Wings; Respondent Election Appeals Board: Piikani Nation Election Appeals Board; Respondent Band: Piikani Nation No. 436
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 February 2008
Procedural Posture
Judicial Review of Band Election Decisions / Judgment (reasons Delivered February 1, 2008)
Outcome
Judicial review granted in part; Board decision quashed; CEO decision declared without authority and will be quashed if the By-law is not amended as ordered; remedial order directing amendment of the By-law within six months or payment of solicitor-client costs; indemnity for applicants' solicitor-client costs;...
Legal Topics
Customary Law, Eligibility for Candidacy, Procedural Fairness, Judicial Review, Statutory Interpretation, Remedies
Source Language
English
Indigenous/aboriginal Law Administrative Law Election Law Civil Procedure Customary Law Eligibility for Candidacy Procedural Fairness Judicial Review +2 more

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Parties

Brian Jackson

Applicant

Daniel Northman

Applicant

Rod North Peigan

Applicant

Janet Potts

Applicant

Rebecca Yellow Wings

Respondent Chief Electoral Officer

Piikani Nation Election Appeals Board

Respondent Election Appeals Board

Piikani Nation No. 436

Respondent Band

Procedural Posture

Judicial Review of Band Election Decisions / Judgment (reasons Delivered February 1, 2008)

Legal Issues

  1. 1 Whether the principles of PIIKANISSINI (tribal custom) can be used to determine eligibility to run for Band office under the Election Code
  2. 2 Whether the Chief Electoral Officer had authority to remove nominees from the candidates list for breach of PIIKANISSINI
  3. 3 Whether the Piikani Nation Election Appeals Board had jurisdiction to determine eligibility to run

Ratio Decidendi

The CEO lacked authority under the Piikani Nation Election By-law and Regulations to declare the Applicants ineligible on the basis of PIIKANISSINI and the Board lacked jurisdiction to determine eligibility to run; however, the court exercised discretion not to void the election and ordered the Band to amend its By-law (incorporate paragraph (c) of s.10.05.02 into s.6.02) within six months or face solicitor-client costs, quashing the Board's decision and making the CEO's quashing conditional on compliance.

Court Disposition

Judicial review granted in part; Board decision quashed; CEO decision declared without authority and will be quashed if the By-law is not amended as ordered; remedial order directing amendment of the By-law within six months or payment of solicitor-client costs; indemnity for applicants' solicitor-client costs;...

Orders

  • This judicial review is granted in limited part.
  • The decision of the Chief Electoral Officer will be quashed if the amendments to the Piikani Nation Election By-Law, 2002 mandated in paragraph 38 of the Reasons are not made.