Da'naxda'xw First Nation v. Peters

Da'naxda'xw First Nation v. Peters

The motions to enforce the 2021 order and to add Ruby Mannila were dismissed because the DFN membership had validly ratified a new Governance Code and Election Code by majority vote, thereby effecting a lawful change of custom that the Court will not collateral attack; given the resulting deadlock, the Court ordered a practical remedy—Glendale and Duncan must jointly select and cause appointment of an Electoral Officer within 30 days, or the Band Administrator (Ruby Mannila) will appoint one with ISC assistance—to enable the election process under the ratified Election Code.

Citation
2023 FC 386
Parties
Applicant (t 1282 19); Respondent (t 1725 19); Hereditary Chief: William Gordon Glendale; Applicant (t 1282 19); Respondent (t 1725 19); Councillor: Michael Jacobson-Weston; Applicant (t 1282 19); Respondent (t 1725 19); Councillor: Annie Glendale; Applicant (t 1725 19); Respondent (t 1282 19); Hereditary Chief (deceased): Bill Peters; Applicant (t 1725 19); Respondent (t 1282 19); Hereditary Chief (deceased): Norman Glendale; Applicant (t 1725 19); Respondent (t 1282 19); Hereditary Chief: Robert Duncan; Proposed Respondent; Band Administrator; Governance Committee Member; Self Represented Party: Ruby Mannila
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 March 2023
Procedural Posture
Judicial Review Enforcement Motion Under Federal Courts Rules / Motions to Enforce Prior Judgment and to Add Party; Decision on Motions (dismissed)
Outcome
Enforcement motion dismissed; motion to add Ruby Mannila dismissed; practical order to appoint Electoral Officer to implement ratified Election Code; costs awarded to Robert Duncan
Legal Topics
Customary Governance, Quo Warranto, Enforcement of Court Orders, Election Code Ratification, Federal Courts Rules
Source Language
English
Administrative Law Indigenous Law Civil Procedure Customary Governance Quo Warranto Enforcement of Court Orders Election Code Ratification Federal Courts Rules

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Parties

William Gordon Glendale

Applicant (t 1282 19); Respondent (t 1725 19); Hereditary Chief

Michael Jacobson-Weston

Applicant (t 1282 19); Respondent (t 1725 19); Councillor

Annie Glendale

Applicant (t 1282 19); Respondent (t 1725 19); Councillor

Bill Peters

Applicant (t 1725 19); Respondent (t 1282 19); Hereditary Chief (deceased)

Norman Glendale

Applicant (t 1725 19); Respondent (t 1282 19); Hereditary Chief (deceased)

Robert Duncan

Applicant (t 1725 19); Respondent (t 1282 19); Hereditary Chief

Ruby Mannila

Proposed Respondent; Band Administrator; Governance Committee Member; Self Represented Party

Procedural Posture

Judicial Review Enforcement Motion Under Federal Courts Rules / Motions to Enforce Prior Judgment and to Add Party; Decision on Motions (dismissed)

Legal Issues

  1. 1 Whether the applicant could enforce the Court's 2021 order to impose HCFLC governance and interim appointments
  2. 2 Whether the DFN membership validly changed its customary governance by ratifying a governance code and election code
  3. 3 Whether Ruby Mannila should be added as a party and restrained from administering band affairs

Ratio Decidendi

The motions to enforce the 2021 order and to add Ruby Mannila were dismissed because the DFN membership had validly ratified a new Governance Code and Election Code by majority vote, thereby effecting a lawful change of custom that the Court will not collateral attack; given the resulting deadlock, the Court ordered a practical remedy—Glendale and Duncan must jointly select and cause appointment of an Electoral Officer within 30 days, or the Band Administrator (Ruby Mannila) will appoint one with ISC assistance—to enable the election process under the ratified Election Code.

Court Disposition

Enforcement motion dismissed; motion to add Ruby Mannila dismissed; practical order to appoint Electoral Officer to implement ratified Election Code; costs awarded to Robert Duncan

Orders

  • Motion pursuant to Rules 423 and 431 seeking to enforce Da’naxda’xw First Nation v Peters, 2021 FC 360 is dismissed.
  • Motion pursuant to Rule 104(b) seeking to add Ruby Mannila as a respondent to T-1282-19 is dismissed.