Papaquash v. Cote

Papaquash v. Cote

Application dismissed because applicants failed to establish that nominations contravened s.9(4) of the Act on the evidence before the Court, failed to show any contravention likely affected the election result as required by s.31, and presented no evidence of a criminal conviction under s.37 such that s.40 would render Sidney Keshane ineligible.

Citation
2025 FC 859
Parties
Applicant: Gerald Papaquash; Applicant: Glenn Papaquash; Respondent: Dave Cote; Respondent: Kimberly Keshane; Respondent: Sidney Keshane; Respondent: Fernie O'Soup; Respondent: Solomon Reece; Respondent: Drew Shaw; Respondent: One Feather Election Services
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 May 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed; Respondent council members awarded costs; no costs awarded against One Feather Election Services and Electoral Officer
Legal Topics
Nomination Rules, Candidate Eligibility, Election Annulment, Statutory Interpretation, Adjournment, Costs
Source Language
English
Administrative Law Election Law Indigenous Law Nomination Rules Candidate Eligibility Election Annulment Statutory Interpretation Adjournment +1 more

Case Brief

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Parties

Gerald Papaquash

Applicant

Glenn Papaquash

Applicant

Dave Cote

Respondent

Kimberly Keshane

Respondent

Sidney Keshane

Respondent

Fernie O'Soup

Respondent

Solomon Reece

Respondent

Drew Shaw

Respondent

One Feather Election Services

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the 2022 candidate nominations contravened s.9(4) of the First Nations Elections Act
  2. 2 Whether any contravention likely affected the result of the election under s.31
  3. 3 Whether Sidney Keshane was ineligible to run due to a prior finding or conviction

Ratio Decidendi

Application dismissed because applicants failed to establish that nominations contravened s.9(4) of the Act on the evidence before the Court, failed to show any contravention likely affected the election result as required by s.31, and presented no evidence of a criminal conviction under s.37 such that s.40 would render Sidney Keshane ineligible.

Court Disposition

Application dismissed; Respondent council members awarded costs; no costs awarded against One Feather Election Services and Electoral Officer

Orders

  • This Application for judicial review is dismissed.
  • The Respondents David Cote, Kimberly Keshane, Sidney Keshane, Fernie O'Soup and Solomon Reece are entitled to costs.