Cardinal v. Prince
Justice Kelen did not err: his interpretation of s.15 of the Customary Band Election Regulations is correct and coherent; because the regulatory scheme did not provide a remedy for reinstatement and would compel re-election where allegations were unproven, judicial review was properly entertained; accordingly the...
Source-derived case information.
- Citation
- 2009 FCA 40
- Parties
- Appellant: Jaret Cardinal; Appellant: Ronald Willier; Appellant: Russell Willier; Appellant: Sucker Creek First Nation #150A; Respondent: George Prince; Respondent: Paulette Campiou
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 February 2009
- Procedural Posture
- Appeal From Federal Court (judicial Review) / Judgment of the Federal Court of Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Judicial Review, Customary Band Election Regulations, Alternate Remedies, Statutory Interpretation, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jaret Cardinal
Appellant
Ronald Willier
Appellant
Russell Willier
Appellant
Sucker Creek First Nation #150A
Appellant
George Prince
Respondent
Paulette Campiou
Respondent
Procedural Posture
Appeal From Federal Court (judicial Review) / Judgment of the Federal Court of Appeal
Legal Issues
- 1 Interpretation of section 15 of the Customary Band Election Regulations of the Sucker Creek First Nation
- 2 Whether the respondents had an adequate alternate remedy so judicial review was inappropriate
- 3 Whether procedural fairness required further consideration
Ratio Decidendi
Justice Kelen did not err: his interpretation of s.15 of the Customary Band Election Regulations is correct and coherent; because the regulatory scheme did not provide a remedy for reinstatement and would compel re-election where allegations were unproven, judicial review was properly entertained; accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Cardinal v. Prince Court (s) Database Federal Court of Appeal Decisions Date 2009-02-10 Neutral citation 2009 FCA 40 File numbers A-568-08 Decision Content Date: 20090210 Docket: A-568-08 Citation: 2009 FCA 40 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: JARET CARDINAL, RONALD WILLIER, RUSSELL WILLIER and SUCKER CREEK FIRST NATION #150A Appellants and GEORGE PRINCE AND PAULETTE CAMPIOU Respondents Heard at Edmonton, Alberta, on February 10, 2009. Judgment delivered from the Bench at Edmonton, Alberta, on February 10, 2009. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER, J.A. Date: 20090210 Docket: A-568-08 Citation: 2009 FCA 40 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: JARET CARDINAL, RONALD WILLIER, RUSSELL WILLIER and SUCKER CREEK FIRST NATION #150A Appellants and GEORGE PRINCE AND PAULETTE CAMPIOU Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on February 10, 2009) PELLETIER J.A.: [1] Despite the determined argument of counsel, we are not persuaded that Mr. Justice Kelen erred in his interpretation of the Customary Band Election Regulations of the Sucker Creek First Nation. [2] While the provisions of section 15 are not free from doubt, the interpretations adopted by Justice Kelen gives them a coherent meaning and, in our view, is correct. [3] As for the argument that the Court ought not to have entertained the application for judicial review because the Respondents had an adequate alternate remedy, we note that the procedure under the Regulations would require councillors against whom allegations had not been proven to run for re-election in order to retain their posts. The remedy for re-instatement is not available under Regulation. We see no error in Justice Kelen’s decision on this point. [4] In light of our conclusions on these issues, it is not necessary to deal with the issue of procedural fairness. [5] The appeal will be dismissed with costs. “Denis Pelletier” ____________________________ J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-568-08 APPEAL FROM A REASONS FOR JUDGMENT AND JUDGMENT OF JUSTICE KELEN DATED NOVEMBER 14, 2008, DOCKET NO.: T-1307-08 STYLE OF CAUSE: JARET CARDINAL ET AL. v. GEORGE PRINCE ET AL. PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: February 10, 2009 REASONS FOR JUDGMENT OF THE COURT BY: NOËL, NADON, PELLETIER, JJ.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: Priscilla Kennedy FOR THE APPELLANT/ APPLICANT Thomas Owen FOR THE RESPONDENT SOLICITORS OF RECORD: Davis LLP FOR THE APPELLANT/ APPLICANT Owen Law FOR THE RESPONDENT