Kootenhayoo v. Alger
The electoral officer did not commit a reviewable error in refusing to accept the July 9, 2002 notice of appeal because it was not filed within the time prescribed by the Band's Electoral Regulations, and Rachel Jones and Celina Potts lacked standing to challenge the electoral officer's July 17, 2002 decision.
Source-derived case information.
- Citation
- 2004 FCA 307
- Parties
- Appellant: COLLEEN GRACE KOOTENHAYOO A.K.A. COLEEN KOOTENAY; Appellant: RACHEL JONES; Appellant: CELINA M. POTTS; Respondent: GORDON A. ALGER; Respondent: DORIS AGINAS; Respondent: LOIS KOOTENAY; Respondent: SANDY WAYNE ALEXIS; Respondent: BARBARA PAUL; Respondent: DARRYL POTTS; Respondent: DARWIN ALEXIS; Respondent: CHARLIE LETENDRE; Respondent: RODERICK ALEXIS
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 September 2004
- Procedural Posture
- Appeal to the Federal Court of Appeal / Final Judgment on Appeal (dismissed)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Timeliness, Standing, Judicial Review, Electoral Officer Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
COLLEEN GRACE KOOTENHAYOO A.K.A. COLEEN KOOTENAY
Appellant
RACHEL JONES
Appellant
CELINA M. POTTS
Appellant
GORDON A. ALGER
Respondent
DORIS AGINAS
Respondent
LOIS KOOTENAY
Respondent
SANDY WAYNE ALEXIS
Respondent
BARBARA PAUL
Respondent
DARRYL POTTS
Respondent
DARWIN ALEXIS
Respondent
CHARLIE LETENDRE
Respondent
RODERICK ALEXIS
Respondent
Procedural Posture
Appeal to the Federal Court of Appeal / Final Judgment on Appeal (dismissed)
Legal Issues
- 1 Whether the electoral officer erred in refusing to accept the notice of appeal dated July 9, 2002 as time‑barred under the Band's Electoral Regulations
- 2 Whether appellants Rachel Jones and Celina Potts had standing to challenge the electoral officer's decision of July 17, 2002
Ratio Decidendi
The electoral officer did not commit a reviewable error in refusing to accept the July 9, 2002 notice of appeal because it was not filed within the time prescribed by the Band's Electoral Regulations, and Rachel Jones and Celina Potts lacked standing to challenge the electoral officer's July 17, 2002 decision.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
- Rachel Jones and Celina Potts have no standing to challenge the electoral officer's decision of July 17, 2002.
Full Case Text
Judgment text and source record
1 paragraphs
Kootenhayoo v. Alger Court (s) Database Federal Court of Appeal Decisions Date 2004-09-20 Neutral citation 2004 FCA 307 File numbers A-514-03 Decision Content Date: 20040920 Docket: A-514-03 Citation: 2004 FCA 307 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: COLLEEN GRACE KOOTENHAYOO A.K.A. COLEEN KOOTENAY, RACHEL JONES and CELINA M. POTTS Appellants and GORDON A. ALGER, DORIS AGINAS, LOIS KOOTENAY, SANDY WAYNE ALEXIS, BARBARA PAUL, DARRYL POTTS, DARWIN ALEXIS, CHARLIE LETENDRE AND RODERICK ALEXIS Respondents Heard at Edmonton, Alberta, on September 20, 2004. Judgment delivered from the Bench at Edmonton, Alberta, on September 20, 2004. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. LINDEN J.A. SEXTON J.A. Date: 20040920 Docket: A-514-03 Citation: 2004 FCA 307 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: COLLEEN GRACE KOOTENHAYOO A.K.A. COLEEN KOOTENAY, RACHEL JONES and CELINA M. POTTS Appellants and GORDON A. ALGER, DORIS AGINAS, LOIS KOOTENAY, SANDY WAYNE ALEXIS, BARBARA PAUL, DARRYL POTTS, DARWIN ALEXIS, CHARLIE LETENDRE AND RODERICK ALEXIS Respondents REASONS FOR JUDGMENT OF THE COURT (Judgment delivered from the Bench at Edmonton, Alberta, on September 20, 2004) NADON J.A. [1] We are all of the view that Kelen J. did not err in concluding as he did that the electoral officer made no reviewable error in refusing to accept Coleen Kootenay's notice of appeal of July 9, 2002, on the ground that it was not filed within the time prescribed by the Band's Electoral Regulations. [2] We are also agreed that Mr. Glancy's clients, the Appellants Rachel Jones and Celina Potts, have no standing to challenge the electoral officer's decision of July 17, 2002. 2. [3] Consequently, this appeal will be dismissed with costs. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-514-03 (APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED OCTOBER 2, 2003, DOCKET NO. T-1258-02) STYLE OF CAUSE: COLLEEN GRACE KOOTENHAYOO et al v. GORDON A. ALGER et al PLACE OF HEARING: EDMONTON, AB DATE OF HEARING: SEPTEMBER 20, 2004 REASONS FOR JUDGMENT OF THE COURT: LINDEN, NADON, SEXTON JJ.A. DELIVERED FROM THE BENCH BY: NADON, J.A. APPEARANCES: Mr. Terence Glancy FOR THE APPELLANTS (RACHEL JONES and CELINA POTTS) Ms. J. Trina Kondro FOR THE RESPONDENTS SOLICITORS OF RECORD: Royal, McCrum, Duckett and Glancy - Edmonton, AB FOR THE APPELLANTS (RACHEL JONES and CELINA POTTS) Ackroyd, Piasta, Roth and Day - Edmonton, AB FOR THE RESPONDENTS