Beardy v. Beardy

Beardy v. Beardy

The Federal Court has jurisdiction to review the Election Committee; the 2005 Code remained in force; there was insufficient evidence of a binding custom permitting Elders or the Election Committee to disqualify a duly nominated candidate on the basis of prior resignations; the Committee denied the nominee procedural fairness (no notice or opportunity to respond), rendering the disqualification unreasonable and vitiating the September 15, 2015 election; appropriate remedy is quashing the election with a six-month stay to allow the Band to amend the 2005 Code and to hold a supervised new election.

Citation
2016 FC 383
Parties
Applicant: Gordon Beardy; Applicant: Francine McKenzie; Applicant: Joy Barkman; Respondent: Stan Beardy; Respondent: Roy Fiddler; Respondent: Charlie L. Beardy; Respondent: John L. Morris; Respondent: Olivia Duncan; Respondent: Lisa Beardy (aka Liza Beardy); Respondent: Ernie Harper; Respondent: Cliff Ferris; Respondent: Job Fiddler; Respondent: Kathleen Beardy; Respondent: Irene Ross; Respondent: Mary Ann Beardy
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 April 2016
Procedural Posture
Application for Judicial Review / Judgment (federal Court Reasons and Orders)
Outcome
Application for judicial review granted; Election Committee decision disqualifying candidate and the September 15, 2015 election and related BCR quashed; 2005 Code declared in force; order stayed six months; new election ordered; incumbent council to continue pending new election; parties to bear their own costs.
Legal Topics
Customary Election Codes, Procedural Fairness, Judicial Review, Band Council Elections, Quashing Administrative Decisions
Source Language
English
Administrative Law Indigenous Law Election Law Civil Procedure Public Law Customary Election Codes Procedural Fairness Judicial Review +2 more

Case Brief

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Parties

Gordon Beardy

Applicant

Francine McKenzie

Applicant

Joy Barkman

Applicant

Stan Beardy

Respondent

Roy Fiddler

Respondent

Charlie L. Beardy

Respondent

John L. Morris

Respondent

Olivia Duncan

Respondent

Lisa Beardy (aka Liza Beardy)

Respondent

Ernie Harper

Respondent

Cliff Ferris

Respondent

Job Fiddler

Respondent

Kathleen Beardy

Respondent

Irene Ross

Respondent

Mary Ann Beardy

Respondent

Procedural Posture

Application for Judicial Review / Judgment (federal Court Reasons and Orders)

Legal Issues

  1. 1 Jurisdiction of Federal Court over band election bodies and standard of review
  2. 2 Which election code (2005 or 2012) governed the election
  3. 3 Whether Election Committee had jurisdiction to disqualify a nominated candidate

Ratio Decidendi

The Federal Court has jurisdiction to review the Election Committee; the 2005 Code remained in force; there was insufficient evidence of a binding custom permitting Elders or the Election Committee to disqualify a duly nominated candidate on the basis of prior resignations; the Committee denied the nominee procedural fairness (no notice or opportunity to respond), rendering the disqualification unreasonable and vitiating the September 15, 2015 election; appropriate remedy is quashing the election with a six-month stay to allow the Band to amend the 2005 Code and to hold a supervised new election.

Court Disposition

Application for judicial review granted; Election Committee decision disqualifying candidate and the September 15, 2015 election and related BCR quashed; 2005 Code declared in force; order stayed six months; new election ordered; incumbent council to continue pending new election; parties to bear their own costs.

Orders

  • Application for judicial review granted
  • Order in the nature of certiorari quashing the September 11, 2015 decision disqualifying Gordon Beardy, the election held on September 15, 2015, and BCR150916A