Lemaigre v. Première nation des Dénés de Clearwater River

Lemaigre v. Première nation des Dénés de Clearwater River

The tie 3-3 vote of the six-member Election Act Committee is to be treated as a negative decision (motion defeated); on the record the EAC's negative outcome was reasonable given evidence of severe housing shortage and allocation priorities, mandamus was unavailable because it would improperly compel discretionary...

Source-derived case information.

Citation
2015 FC 601
Parties
Applicant: Ivan Lemaigre; Respondent Chief of the Clearwater River Dene Nation: Chief Teddy Clark; Respondent Election Act Committee Member: Lorna Janvier; Respondent Election Act Committee Member: Doreen Moise; Respondent Election Act Committee Member: Delphine Lemaigre; Respondent Election Act Committee Member: Miles Lemaigre; Respondent Election Act Committee Member: Rain Piche; Respondent Election Act Committee Member: Norbert Montgrand
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 May 2015
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review and Mandamus
Outcome
Application for judicial review and mandamus dismissed with costs payable to the Respondents; style of cause amended to designate Chief Teddy Clark in his capacity as Chief of the Clearwater River Dene Nation.
Legal Topics
Mandamus, Residency Requirement, Custom Band Election, Standard of Review, Procedural Fairness, Time Limitation
Source Language
english
Administrative Law Indigenous Law Election Law Constitutional Law Mandamus Residency Requirement Custom Band Election Standard of Review +2 more

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Parties

Ivan Lemaigre

Applicant

Chief Teddy Clark

Respondent Chief of the Clearwater River Dene Nation

Lorna Janvier

Respondent Election Act Committee Member

Doreen Moise

Respondent Election Act Committee Member

Delphine Lemaigre

Respondent Election Act Committee Member

Miles Lemaigre

Respondent Election Act Committee Member

Rain Piche

Respondent Election Act Committee Member

Norbert Montgrand

Respondent Election Act Committee Member

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review and Mandamus

Legal Issues

  1. 1 Whether a 3-3 tie vote by a six-member Election Act Committee constitutes a decision
  2. 2 Whether the judicial review application was filed out of time
  3. 3 Applicable standard of review for EAC decision

Ratio Decidendi

The tie 3-3 vote of the six-member Election Act Committee is to be treated as a negative decision (motion defeated); on the record the EAC's negative outcome was reasonable given evidence of severe housing shortage and allocation priorities, mandamus was unavailable because it would improperly compel discretionary action and would have no practical effect, and the judicial review application is dismissed with costs.

Court Disposition

Application for judicial review and mandamus dismissed with costs payable to the Respondents; style of cause amended to designate Chief Teddy Clark in his capacity as Chief of the Clearwater River Dene Nation.

Orders

  • The application for judicial review and mandamus is dismissed with costs payable to the Respondents.
  • The style of cause is amended to designate Chief Teddy Clark in his capacity as Chief of the Clearwater River Dene Nation.