Lafond v. Ledoux

Lafond v. Ledoux

Section 13.7 of the Land Code requires decisions at a Community Meeting by a show of hands or by a method specifically authorized in the Land Code; the private, witnessed voting method used in September 2008 did not comply with s.13.7 and was not the product of the Land Code's amendment procedure, therefore the subsequent vote approving the motions was unlawful and must be quashed.

Citation
2009 FC 919
Parties
Applicant: Councillor Albert Dean Lafond; Applicant: Councillor Cliff Tawpisin, Jr.; Respondent: Chief Gilbert Ledoux; Third Party: Muskeg Cree Nation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 September 2009
Procedural Posture
Judicial Review / Reasons for Judgment
Outcome
The vote approving the motions was quashed and declared unlawful; the Band was added as a third party on the record.
Legal Topics
Community Land Code Compliance, Voting Procedure, Judicial Review, Quashing of Vote
Source Language
English
Administrative Law Indigenous Law Constitutional Law Community Land Code Compliance Voting Procedure Judicial Review Quashing of Vote

Case Brief

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Parties

Councillor Albert Dean Lafond

Applicant

Councillor Cliff Tawpisin, Jr.

Applicant

Chief Gilbert Ledoux

Respondent

Muskeg Cree Nation

Third Party

Procedural Posture

Judicial Review / Reasons for Judgment

Legal Issues

  1. 1 Whether the alternative private witnessed voting method complied with the Band's Land Code s.13.7
  2. 2 Whether the vote approving financing, lease and mortgage was lawful and binding on the Band
  3. 3 Whether the Land Code amendment procedure was required to authorize a voting method other than show of hands

Ratio Decidendi

Section 13.7 of the Land Code requires decisions at a Community Meeting by a show of hands or by a method specifically authorized in the Land Code; the private, witnessed voting method used in September 2008 did not comply with s.13.7 and was not the product of the Land Code's amendment procedure, therefore the subsequent vote approving the motions was unlawful and must be quashed.

Court Disposition

The vote approving the motions was quashed and declared unlawful; the Band was added as a third party on the record.

Orders

  • Add Muskeg Cree Nation as a Third Party to the proceeding
  • Declare the September 2008 vote approving the financing package, the TDL Group Corp. lease and the Stor All Mini Storage mortgage invalid and quash that vote