Roseau River Anishinabe First Nation v. Atkinson

Roseau River Anishinabe First Nation v. Atkinson

The Custom Council was subject to Federal Court jurisdiction; the s.19 amendment procedure requires adequate notice and an effective forum for discussion rather than formalistic voting, and those requirements were met at the January 22, 2001 tribal meeting; the Custom Council owed the applicants procedural fairness...

Source-derived case information.

Citation
2003 FCT 168
Parties
Applicants: Chief Ed Hayden; Councillor Peter Atkinson; Councillor Michael Littlejohn; Councillor Mitch Laroque; Councillor Marie Henry (on behalf of Roseau River Anishinabe First Nation); First Respondents: Herman Atkinson; Victor Antoine; Melvin Chaskey; Joseph French; Richard Hayden; Glen Nelson; Frank Paul; Wilson Henry; Ernie James; Gloria Johnson; Dennis Seenie; Derek I Thomas; Kevin Laroque; Rodney Patrick; Wayne Tait; Cheryl Littlejohn; Thomas Thomas II; Martha Laroque; Aldine Atkinson; Grace Smith (in capacities as Custom Council members and purported Electoral Officers); Second Respondents: Felix Antoine; Martha Laroque; Mary Chasky; Thomas Thomas; Rodney Patrick (purportedly elected Chief and Council); Third Respondent: Richard Hayden
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 February 2003
Procedural Posture
Judicial Review / Reasons for Order (decision)
Outcome
Application dismissed
Legal Topics
Custom Council Jurisdiction, Judicial Review, Procedural Fairness, Retrospective Application of Legislation, Band Election Procedures
Source Language
english
Aboriginal Law Administrative Law Electoral Law Custom Council Jurisdiction Judicial Review Procedural Fairness Retrospective Application of Legislation Band Election Procedures

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Parties

Chief Ed Hayden; Councillor Peter Atkinson; Councillor Michael Littlejohn; Councillor Mitch Laroque; Councillor Marie Henry (on behalf of Roseau River Anishinabe First Nation)

Applicants

Herman Atkinson; Victor Antoine; Melvin Chaskey; Joseph French; Richard Hayden; Glen Nelson; Frank Paul; Wilson Henry; Ernie James; Gloria Johnson; Dennis Seenie; Derek I Thomas; Kevin Laroque; Rodney Patrick; Wayne Tait; Cheryl Littlejohn; Thomas Thomas II; Martha Laroque; Aldine Atkinson; Grace Smith (in capacities as Custom Council members and purported Electoral Officers)

First Respondents

Felix Antoine; Martha Laroque; Mary Chasky; Thomas Thomas; Rodney Patrick (purportedly elected Chief and Council)

Second Respondents

Richard Hayden

Third Respondent

Procedural Posture

Judicial Review / Reasons for Order (decision)

Legal Issues

  1. 1 Whether the Custom Council is a "federal board, commission or other tribunal" under s.2 of the Federal Court Act
  2. 2 Whether the Custom Council complied with the amendment procedure in s.19 of the Election Act (requirement of a tribal meeting)
  3. 3 Whether the Custom Council owed and breached a duty of procedural fairness to the applicants (notice, bias, opportunity to be heard)

Ratio Decidendi

The Custom Council was subject to Federal Court jurisdiction; the s.19 amendment procedure requires adequate notice and an effective forum for discussion rather than formalistic voting, and those requirements were met at the January 22, 2001 tribal meeting; the Custom Council owed the applicants procedural fairness but did not breach it (no reasonable apprehension of bias and applicants had actual knowledge and opportunity to participate); the Custom Council intended the amendment to apply retrospectively and that presumption against retrospectivity was rebutted; accordingly the judicial review application failed and the election was valid.

Court Disposition

Application dismissed

Orders

  • Judicial review application dismissed
  • No order as to costs