Primrose v. Spence

Primrose v. Spence

The Appeal Committee lacked jurisdiction to decide the nomination-meeting decisions because those matters were properly s.20(6) pre-election appeals which had to be filed within seven days of the nomination meeting; no timely s.20(6) appeals were filed, the Committee therefore acted beyond its jurisdiction, and its October 22, 2002 decision calling for a new election pursuant to s.20(10) is quashed; jurisdictional errors are reviewed on the correctness standard.

Citation
2003 FCT 464
Parties
Applicants: Jerry Primrose; Agnes Melinda Spence; Shirley Louise Linklater; William Elvis Thomas; D'Arcy Linklater; David M. Spence; Jimmy Hunter-Spence (in their personal capacities and on behalf of the Nisichawayasihk Cree Nation as Chief and Council); Respondent Appeal Committee: Jimmy D. Spence; Carol Prince; Gordon Hart; Dennis Bunn; Shirley Linklater; Ron D. Spence (Nisichawayasihk Cree Nation Appeal Committee); Respondents Appellant Respondents: Lillian Gail Gossfeld-McDonald; J.D. Moore; Glen Francois; Alpheus Moody; Carol Kobliski; Intervener: Ella Moose
Court
Federal Court
Jurisdiction
Canada
Judgment Date
22 April 2003
Procedural Posture
Application for Judicial Review / Decision (reasons for Order and Order)
Outcome
Appeal Committee decision of October 22, 2002 quashed for want of jurisdiction
Legal Topics
Judicial Review, Statutory Interpretation, Jurisdiction, Appeal Procedure, Standard of Review
Source Language
English
Administrative Law Indigenous Law Election Law Judicial Review Statutory Interpretation Jurisdiction Appeal Procedure Standard of Review

Case Brief

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Parties

Jerry Primrose; Agnes Melinda Spence; Shirley Louise Linklater; William Elvis Thomas; D'Arcy Linklater; David M. Spence; Jimmy Hunter-Spence (in their personal capacities and on behalf of the Nisichawayasihk Cree Nation as Chief and Council)

Applicants

Jimmy D. Spence; Carol Prince; Gordon Hart; Dennis Bunn; Shirley Linklater; Ron D. Spence (Nisichawayasihk Cree Nation Appeal Committee)

Respondent Appeal Committee

Lillian Gail Gossfeld-McDonald; J.D. Moore; Glen Francois; Alpheus Moody; Carol Kobliski

Respondents Appellant Respondents

Ella Moose

Intervener

Procedural Posture

Application for Judicial Review / Decision (reasons for Order and Order)

Legal Issues

  1. 1 Whether the Appeal Committee had jurisdiction to review and overturn Electoral Officer decisions made at the nomination meeting and call a new election
  2. 2 Proper interpretation and application of ss.20(5) and 20(6) of the Nisichawayasihk Cree Nation Laws Election Code
  3. 3 Whether appeals under s.20(6) had to be filed within seven days of the decision and thus whether the Committee acted on untimely matters

Ratio Decidendi

The Appeal Committee lacked jurisdiction to decide the nomination-meeting decisions because those matters were properly s.20(6) pre-election appeals which had to be filed within seven days of the nomination meeting; no timely s.20(6) appeals were filed, the Committee therefore acted beyond its jurisdiction, and its October 22, 2002 decision calling for a new election pursuant to s.20(10) is quashed; jurisdictional errors are reviewed on the correctness standard.

Court Disposition

Appeal Committee decision of October 22, 2002 quashed for want of jurisdiction

Orders

  • Quash the Nisichawayasihk Cree Nation Appeal Committee decision of October 22, 2002 to give notice pursuant to s.20(10) of the Election Code
  • No order as to costs