Heron v. Salt River First Nation No. 195

Heron v. Salt River First Nation No. 195

The motion was dismissed because, although the applicant raised a serious issue given repeated suspension extensions, she failed to establish irreparable harm and the balance of convenience favored maintaining the status quo pending the merits hearing on September 13, 2023; accordingly interlocutory relief was not justified.

Citation
2023 FC 1124
Parties
Applicant/chief: Cecilia (Toni) Josephine Heron; Respondent/band Council: Salt River First Nation No. 195
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 August 2023
Procedural Posture
Judicial Review Motion for Interim Injunction / Interlocutory Motion Decision; Hearing on Merits Scheduled September 13, 2023
Outcome
Applicant's motion for interim injunctive relief dismissed in its entirety; no order for costs.
Legal Topics
Interlocutory Injunction, Judicial Review, Suspension of Elected Official, Procedural Fairness, Status Quo
Source Language
English
Administrative Law Indigenous Law Election Law Civil Procedure Interlocutory Injunction Judicial Review Suspension of Elected Official Procedural Fairness +1 more

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Parties

Cecilia (Toni) Josephine Heron

Applicant/chief

Salt River First Nation No. 195

Respondent/band Council

Procedural Posture

Judicial Review Motion for Interim Injunction / Interlocutory Motion Decision; Hearing on Merits Scheduled September 13, 2023

Legal Issues

  1. 1 Whether the applicant satisfied the three-part interlocutory injunction test (serious issue, irreparable harm, balance of convenience) as modified by CBC
  2. 2 Whether the repeated 60-day suspensions and extensions under s.153A of the SRFN Election Code amount to an indefinite suspension or de facto removal
  3. 3 Whether the applicant suffered or will suffer irreparable harm absent interim relief

Ratio Decidendi

The motion was dismissed because, although the applicant raised a serious issue given repeated suspension extensions, she failed to establish irreparable harm and the balance of convenience favored maintaining the status quo pending the merits hearing on September 13, 2023; accordingly interlocutory relief was not justified.

Court Disposition

Applicant's motion for interim injunctive relief dismissed in its entirety; no order for costs.

Orders

  • The Applicant's motion for injunctive relief is dismissed.
  • There is no order for costs.