Temagami First Nation v. Turner

Temagami First Nation v. Turner

The June 12, 2008 election is a nullity because the Electoral Officer improperly rejected election appeals that might have affected the result and no Council of Elders was in place to adjudicate those appeals; consequently the Ayotte Group resolutions purporting to set aside that election and to amend voter eligibility are invalid; the appropriate remedy is to set aside the June 12, 2008 results, set aside the Ayotte resolutions, establish a Council of Elders, and hold a new election with the existing Potts Group retained only as a limited caretaker council until the new election.

Citation
2009 FC 548
Parties
Applicant (t 1587 08 & T 660 09); Respondent (t 610 09): Temagami First Nation; Applicant (potts Group): Gary Potts; Applicant (potts Group): Peter McKenzie; Applicant (potts Group): Annette Polson; Applicant (potts Group): Sherwood Becker Jr.; Applicant (potts Group): Thomas Friday Sr.; Respondent (ayotte Group) / Applicant (t 610 09): Roxane Ayotte; Respondent (ayotte Group): John Turner; Respondent (ayotte Group): John McKenzie; Respondent (ayotte Group): Jamie Saville; Respondent (ayotte Group): Steven Laronde; Respondent (ayotte Group): Arnold Paul
Court
Federal Court
Jurisdiction
Canada
Judgment Date
27 May 2009
Procedural Posture
Multiple Applications: Judicial Review and Quo Warranto Under Federal Courts Act / Reasons for Judgment Delivered on Applications (judgment Reserved and Then Released)
Outcome
Court declared June 12, 2008 election invalid; declared Ayotte Group resolutions invalid; ordered establishment of Council of Elders and a new election; directed Potts Group to remain as caretaker council with limited powers pending new election; reserved final judgment pending counsels' joint recommendations; each...
Legal Topics
Custom Band Governance, Band Elections, Voter Eligibility, Impeachment/removal of Chiefs, Quo Warranto, Council of Elders, Election Appeals, Remedial Orders
Source Language
English
Aboriginal Law Administrative Law Election Law Constitutional Law Equity/remedies Federal Court Procedure Custom Band Governance Band Elections +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Temagami First Nation

Applicant (t 1587 08 & T 660 09); Respondent (t 610 09)

Gary Potts

Applicant (potts Group)

Peter McKenzie

Applicant (potts Group)

Annette Polson

Applicant (potts Group)

Sherwood Becker Jr.

Applicant (potts Group)

Thomas Friday Sr.

Applicant (potts Group)

Roxane Ayotte

Respondent (ayotte Group) / Applicant (t 610 09)

John Turner

Respondent (ayotte Group)

John McKenzie

Respondent (ayotte Group)

Jamie Saville

Respondent (ayotte Group)

Steven Laronde

Respondent (ayotte Group)

Arnold Paul

Respondent (ayotte Group)

Procedural Posture

Multiple Applications: Judicial Review and Quo Warranto Under Federal Courts Act / Reasons for Judgment Delivered on Applications (judgment Reserved and Then Released)

Legal Issues

  1. 1 Whether the June 12, 2008 election was valid
  2. 2 Whether the impeachment resolutions and subsequent elections were valid and effective
  3. 3 Whether interim injunctive relief should restrain expenditure of band funds and preserve status quo pending remedy

Ratio Decidendi

The June 12, 2008 election is a nullity because the Electoral Officer improperly rejected election appeals that might have affected the result and no Council of Elders was in place to adjudicate those appeals; consequently the Ayotte Group resolutions purporting to set aside that election and to amend voter eligibility are invalid; the appropriate remedy is to set aside the June 12, 2008 results, set aside the Ayotte resolutions, establish a Council of Elders, and hold a new election with the existing Potts Group retained only as a limited caretaker council until the new election.

Court Disposition

Court declared June 12, 2008 election invalid; declared Ayotte Group resolutions invalid; ordered establishment of Council of Elders and a new election; directed Potts Group to remain as caretaker council with limited powers pending new election; reserved final judgment pending counsels' joint recommendations; each...

Orders

  • Set aside the results of the June 12, 2008 election as a nullity
  • Set aside all purported resolutions and actions of the Ayotte Group related to invalidating the June 12, 2008 election and amending voter eligibility