McDonald v. Fond du Lac Denesuline First Nation

McDonald v. Fond du Lac Denesuline First Nation

The motion for an ex parte interim injunction was dismissed because the urgency requirement was not met (election had been postponed), notice was possible, the applicants had not exhausted the Election Act appeal process so the application was premature, and they failed to demonstrate irreparable harm; accordingly the appropriate remedy is to pursue the Appeal Board process and to file a judicial review application which will be specially managed.

Citation
2021 FC 96
Parties
Applicant (candidate and Elector): Gerald Felix McDonald; Applicant (candidate and Elector): Mark Pacquette; Respondent (first Nation): Fond du Lac Denesuline First Nation; Respondent (former Chief): Louie Mercredi; Respondent (councillor): Willie John Laurent; Respondent (councillor): Jake Mercredi; Respondent (councillor): Ronnie Augier; Respondent (councillor): Susanne "Sabrina" Fern; Respondent (councillor): Andrew Isadore; Respondent (councillor): Frederic Martin; Respondent (chief Electoral Officer): Derek MacDonald; Respondent (deputy Electoral Officer): Jules Lidguerre
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 January 2021
Procedural Posture
Judicial Review (interim Injunction Motion) / Motion for Ex Parte Interim Injunction Heard and Dismissed; Direction to File Underlying Application
Outcome
Applicants' motion for an interim injunction dismissed without costs
Legal Topics
Interim Injunction, Judicial Review, Exhaustion of Remedies, First Nations Elections, Appeal Board, Urgency (ex Parte)
Source Language
English
Administrative Law Indigenous Law Election Law Civil Procedure Interim Injunction Judicial Review Exhaustion of Remedies First Nations Elections +2 more

Case Brief

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Parties

Gerald Felix McDonald

Applicant (candidate and Elector)

Mark Pacquette

Applicant (candidate and Elector)

Fond du Lac Denesuline First Nation

Respondent (first Nation)

Louie Mercredi

Respondent (former Chief)

Willie John Laurent

Respondent (councillor)

Jake Mercredi

Respondent (councillor)

Ronnie Augier

Respondent (councillor)

Susanne "Sabrina" Fern

Respondent (councillor)

Andrew Isadore

Respondent (councillor)

Frederic Martin

Respondent (councillor)

Derek MacDonald

Respondent (chief Electoral Officer)

Jules Lidguerre

Respondent (deputy Electoral Officer)

Procedural Posture

Judicial Review (interim Injunction Motion) / Motion for Ex Parte Interim Injunction Heard and Dismissed; Direction to File Underlying Application

Legal Issues

  1. 1 Whether an ex parte interim injunction was justified by urgency
  2. 2 Whether applicants must exhaust the Election Act appeal process before court intervention (prematurity)
  3. 3 Whether there is a serious issue to be tried

Ratio Decidendi

The motion for an ex parte interim injunction was dismissed because the urgency requirement was not met (election had been postponed), notice was possible, the applicants had not exhausted the Election Act appeal process so the application was premature, and they failed to demonstrate irreparable harm; accordingly the appropriate remedy is to pursue the Appeal Board process and to file a judicial review application which will be specially managed.

Court Disposition

Applicants' motion for an interim injunction dismissed without costs

Orders

  • The applicants’ motion for an interim injunction is dismissed, without costs.
  • The applicants have 15 days to file their underlying application for judicial review.