Salt River First Nation 195 (Councillors) v. Salt River First Nation 195 (Chief)

Salt River First Nation 195 (Councillors) v. Salt River First Nation 195 (Chief)

The court concluded beyond a reasonable doubt that Chief Victor Marie and Norman Starr knowingly breached the court's interim orders by issuing/back‑dating and accepting negotiable instruments without required authorization and by diverting payroll to pay councillors, and that other named respondents were not proven in contempt beyond a reasonable doubt; accordingly contempt is found against Marie and Starr on specified counts and a penalty hearing was ordered.

Citation
2006 FC 837
Parties
Applicant Councillor of Salt River First Nation 195 (elected August 30, 2002): Melvin Wanderingspirit; Applicant Councillor of Salt River First Nation 195 (elected August 30, 2002): Delphine Beaulieu; Applicant Councillor of Salt River First Nation 195 (elected August 30, 2002): Toni Heron; Applicant Councillor of Salt River First Nation 195 (elected August 30, 2002): Raymond Beaver; Applicant Councillor of Salt River First Nation 195 (elected August 30, 2002): Sonny McDonald; Respondent Chief: Victor Marie; Respondent Band Council Member: Norman Starr; Respondent Purported Band Councillor (november 3, 2002): Nora Beaver; Respondent Purported Band Councillor (november 3, 2002): David Gowans; Respondent Purported Band Councillor (november 3, 2002): Connie Benwell; Respondent Purported Band Councillor (november 3, 2002): Michel Bjornson; Respondent Purported Band Councillor (november 3, 2002): Harvey Lepine; Respondent Purported Band Councillor (november 3, 2002): Don Tourangeau; Respondent Acting Interim Band Manager (alleged; Not Served): Jeannie Marie-Jewell
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 June 2006
Procedural Posture
Contempt Motion Arising From Judicial Review and Interim Banking/administration Orders / Decision on Contempt: Findings Made; Penalty Hearing Scheduled
Outcome
Motion for contempt dismissed against Nora Beaver, David Gowans, Michel Bjornson, Harvey Lepine, Don Tourangeau and Jeannie Marie-Jewell; granted in part against Victor Marie (Counts 2,4,9,10) and Norman Starr (Counts 2,9); penalty hearing scheduled; costs awarded to certain respondents.
Legal Topics
Compliance With Interim Court Orders, Back‑dating of Cheques, Knowledge and Service of Orders, Burden of Proof Beyond Reasonable Doubt, Costs and Penalties
Source Language
English
Contempt of Court Aboriginal Law Civil Procedure Banking Law Administrative Law Compliance With Interim Court Orders Back‑dating of Cheques Knowledge and Service of Orders +2 more

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Parties

Melvin Wanderingspirit

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

Delphine Beaulieu

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

Toni Heron

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

Raymond Beaver

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

Sonny McDonald

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

Victor Marie

Respondent Chief

Norman Starr

Respondent Band Council Member

Nora Beaver

Respondent Purported Band Councillor (november 3, 2002)

David Gowans

Respondent Purported Band Councillor (november 3, 2002)

Connie Benwell

Respondent Purported Band Councillor (november 3, 2002)

Michel Bjornson

Respondent Purported Band Councillor (november 3, 2002)

Harvey Lepine

Respondent Purported Band Councillor (november 3, 2002)

Don Tourangeau

Respondent Purported Band Councillor (november 3, 2002)

Jeannie Marie-Jewell

Respondent Acting Interim Band Manager (alleged; Not Served)

Procedural Posture

Contempt Motion Arising From Judicial Review and Interim Banking/administration Orders / Decision on Contempt: Findings Made; Penalty Hearing Scheduled

Legal Issues

  1. 1 Whether the January 10, January 17, May 29 and June 20, 2003 orders applied to the Respondents and prohibited authorization/negotiation of cheques and disposition of band records
  2. 2 Whether the alleged contemnors had actual knowledge of the orders
  3. 3 Whether specific cheques were back‑dated and issued/accepted in breach of the orders

Ratio Decidendi

The court concluded beyond a reasonable doubt that Chief Victor Marie and Norman Starr knowingly breached the court's interim orders by issuing/back‑dating and accepting negotiable instruments without required authorization and by diverting payroll to pay councillors, and that other named respondents were not proven in contempt beyond a reasonable doubt; accordingly contempt is found against Marie and Starr on specified counts and a penalty hearing was ordered.

Court Disposition

Motion for contempt dismissed against Nora Beaver, David Gowans, Michel Bjornson, Harvey Lepine, Don Tourangeau and Jeannie Marie-Jewell; granted in part against Victor Marie (Counts 2,4,9,10) and Norman Starr (Counts 2,9); penalty hearing scheduled; costs awarded to certain respondents.

Orders

  • Motion for contempt against Nora Beaver, David Gowans, Michel Bjornson, Harvey Lepine, Don Tourangeau and Jeannie Marie-Jewell is dismissed.
  • Motion for contempt as against Victor Marie in Count No. 2, Count No. 4, Count No. 9 and Count No. 10 is granted.