Louie v. Louie

Louie v. Louie

The By-Law is valid as a codified customary election law; the Arbitrator's conclusion that the Respondents did not breach the Oath of Office by applying a subjective intent standard was unreasonable because the fiduciary duty incorporated into the Oath is not subject to a lesser subjective test; the Arbitrator's decision is therefore set aside on that ground and the matter is remitted to the Arbitrator for reconsideration in accordance with the court's reasons; costs awarded to the Applicant.

Citation
2018 FC 550
Parties
Applicant (member of Lower Kootenay Indian Band): Wayne Louie; Respondent (chief Councillor of Lower Kootenay Indian Band): M. Jason Louie; Respondent (councillor of Lower Kootenay Indian Band): Sandra Luke
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 May 2018
Procedural Posture
Judicial Review of Arbitrator's Decision Under Federal Courts Act S.18.1 / Decision on Application for Judicial Review; Matter Remitted to Arbitrator for Reconsideration
Outcome
Application allowed in part; Arbitrator's decision set aside on reasonableness grounds regarding the Oath of Office and fiduciary duty and matter remitted to Arbitrator for reconsideration; costs awarded to Applicant
Legal Topics
Customary Election Law, Oath of Office, Removal From Office, Reasonableness Standard of Review, Procedural Requirements for Petitions
Source Language
English
Administrative Law Indigenous Law Election Law Trusts and Fiduciary Duties Arbitration Law Customary Election Law Oath of Office Removal From Office +2 more

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Parties

Wayne Louie

Applicant (member of Lower Kootenay Indian Band)

M. Jason Louie

Respondent (chief Councillor of Lower Kootenay Indian Band)

Sandra Luke

Respondent (councillor of Lower Kootenay Indian Band)

Procedural Posture

Judicial Review of Arbitrator's Decision Under Federal Courts Act S.18.1 / Decision on Application for Judicial Review; Matter Remitted to Arbitrator for Reconsideration

Legal Issues

  1. 1 Validity of the Lower Kootenay Band Custom Election By-Law
  2. 2 Whether the Arbitrator reasonably found the Respondents had not lost the confidence of the Band
  3. 3 Whether the Arbitrator reasonably found the Respondents had not violated customary law

Ratio Decidendi

The By-Law is valid as a codified customary election law; the Arbitrator's conclusion that the Respondents did not breach the Oath of Office by applying a subjective intent standard was unreasonable because the fiduciary duty incorporated into the Oath is not subject to a lesser subjective test; the Arbitrator's decision is therefore set aside on that ground and the matter is remitted to the Arbitrator for reconsideration in accordance with the court's reasons; costs awarded to the Applicant.

Court Disposition

Application allowed in part; Arbitrator's decision set aside on reasonableness grounds regarding the Oath of Office and fiduciary duty and matter remitted to Arbitrator for reconsideration; costs awarded to Applicant

Orders

  • Application allowed and matter referred back to the Arbitrator for reconsideration in accordance with the Court's reasons
  • Costs awarded to the Applicant