Gopher v. Saulteaux First Nation

Gopher v. Saulteaux First Nation

The Court found the applicant raised a serious issue but failed to demonstrate irreparable harm and the balance of convenience favoured holding the election; accordingly the interlocutory injunction and declaratory relief motion was dismissed and the applicant's remedies are to be pursued in the underlying judicial review.

Citation
2005 FC 481
Parties
Applicant: Gary Gopher; Respondent: Saulteaux First Nation; Respondent: Celina Moccasin
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 April 2005
Procedural Posture
Judicial Review (motion for Interlocutory Relief) / Interlocutory Motion for Injunction and Declaratory Relief Dismissed
Outcome
Motion dismissed with costs to the Respondent
Legal Topics
Interlocutory Injunction, Declaratory Relief, Judicial Review, Band Custom Elections, Eligibility and Term Limits
Source Language
English
Administrative Law Indigenous Law Election Law Civil Procedure Interlocutory Injunction Declaratory Relief Judicial Review Band Custom Elections +1 more

Case Brief

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Parties

Gary Gopher

Applicant

Saulteaux First Nation

Respondent

Celina Moccasin

Respondent

Procedural Posture

Judicial Review (motion for Interlocutory Relief) / Interlocutory Motion for Injunction and Declaratory Relief Dismissed

Legal Issues

  1. 1 Whether the RJR‑Macdonald test for interlocutory injunction is met (serious issue, irreparable harm, balance of convenience)
  2. 2 Whether the returning officer properly applied the Saulteaux First Nation Band Custom Elections Act term‑limit provision to disqualify the applicant
  3. 3 Whether the nomination process complied with statutory procedural requirements (meeting duration, traditional procedures, closing rules)

Ratio Decidendi

The Court found the applicant raised a serious issue but failed to demonstrate irreparable harm and the balance of convenience favoured holding the election; accordingly the interlocutory injunction and declaratory relief motion was dismissed and the applicant's remedies are to be pursued in the underlying judicial review.

Court Disposition

Motion dismissed with costs to the Respondent

Orders

  • Motion dismissed
  • Costs awarded to the Respondent