Buffalo v. Rabbit

Buffalo v. Rabbit

The Court found the applicants met the RJR‑MacDonald test: there was a serious issue on the merits (procedural fairness and regulatory non‑compliance in the suspensions and potential invalidity of the election), the applicants would suffer irreparable harm (loss of prestige, disruption of governance and inability to remedy by damages), and the balance of convenience favored preserving the status quo; therefore an interlocutory injunction was necessary to reinstate the applicants and enjoin the election pending resolution of the judicial review.

Citation
2011 FC 420
Parties
Applicant (chief): Chief Carolyn Buffalo; Applicant (councillor): Garry Louis; Applicant (councillor): Leonard StandingontheRoad; Respondent (councillor): Rema Rabbit; Respondent (councillor): Bradley Rabbit; Respondent (electoral Officer): Geraldine Hill
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 April 2011
Procedural Posture
Judicial Review / Motion for Interlocutory Injunction (expedited)
Outcome
Interlocutory injunction granted; applicants reinstated; election enjoined pending compliance with Regulations; proceeding expedited; costs awarded to applicants
Legal Topics
Interlocutory Injunction, Procedural Fairness, Suspension of Elected Officials, Tribal Council Regulations, Election Validity
Source Language
English
Administrative Law Indigenous Law Election Law Judicial Review Interlocutory Injunction Procedural Fairness Suspension of Elected Officials Tribal Council Regulations +1 more

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Parties

Chief Carolyn Buffalo

Applicant (chief)

Garry Louis

Applicant (councillor)

Leonard StandingontheRoad

Applicant (councillor)

Rema Rabbit

Respondent (councillor)

Bradley Rabbit

Respondent (councillor)

Geraldine Hill

Respondent (electoral Officer)

Procedural Posture

Judicial Review / Motion for Interlocutory Injunction (expedited)

Legal Issues

  1. 1 Whether the suspension of the Chief and Councillor complied with principles of procedural fairness (notice and right to be heard)
  2. 2 Whether the Montana Tribal Council Regulations (sections 22.1, 22.2, 24.1, 24.2) were followed in suspending members
  3. 3 Whether the referendum and proposed election were validly called and whether eligible voters received proper notice

Ratio Decidendi

The Court found the applicants met the RJR‑MacDonald test: there was a serious issue on the merits (procedural fairness and regulatory non‑compliance in the suspensions and potential invalidity of the election), the applicants would suffer irreparable harm (loss of prestige, disruption of governance and inability to remedy by damages), and the balance of convenience favored preserving the status quo; therefore an interlocutory injunction was necessary to reinstate the applicants and enjoin the election pending resolution of the judicial review.

Court Disposition

Interlocutory injunction granted; applicants reinstated; election enjoined pending compliance with Regulations; proceeding expedited; costs awarded to applicants

Orders

  • The motion for interlocutory injunction is granted.
  • The reinstatement of Carolyn Buffalo as Chief of the Montana First Nation and Leonard StandingontheRoad as Councillor with access to their offices and with pay.