Spence v. Bear

Spence v. Bear

The February 5, 2016 meeting was not duly convened because required advance notice was not given to all members of Council and the meeting was not summoned in accordance with the Procedure Regulations; therefore the election resolution passed at that meeting is null and void, the judicial review is granted, and the ballots from the February 11, 2016 trustee election are to be counted pursuant to the prior injunction order.

Citation
2016 FC 1191
Parties
Chief of Peguis First Nation (applicant): Cynthia Spence; Councillor of Peguis First Nation (applicant): Glennis Sutherland; Councillor of Peguis First Nation (respondent): Mary Tyler Bear; Councillor of Peguis First Nation (respondent): Darlene Bird; Councillor of Peguis First Nation (respondent): Wade Sutherland
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 October 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted; election resolution quashed; ballots to be counted; no costs awarded
Legal Topics
Procedural Fairness, Duly Convened Meeting, Band Council Procedure, Surrender Claims Trust Agreement (scta) Interpretation, Trustee Elections
Source Language
English
Aboriginal Law Administrative Law Election Law Contract/trust Law Procedural Fairness Duly Convened Meeting Band Council Procedure Surrender Claims Trust Agreement (scta) Interpretation +1 more

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Parties

Cynthia Spence

Chief of Peguis First Nation (applicant)

Glennis Sutherland

Councillor of Peguis First Nation (applicant)

Mary Tyler Bear

Councillor of Peguis First Nation (respondent)

Darlene Bird

Councillor of Peguis First Nation (respondent)

Wade Sutherland

Councillor of Peguis First Nation (respondent)

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the February 5, 2016 Council meeting was duly convened under the Indian Act and Procedure Regulations
  2. 2 Whether Council had authority to postpone SCTA trustee elections after receipt of the nominating committee list
  3. 3 Standard of review applicable to interpretation of governance rules and procedural fairness

Ratio Decidendi

The February 5, 2016 meeting was not duly convened because required advance notice was not given to all members of Council and the meeting was not summoned in accordance with the Procedure Regulations; therefore the election resolution passed at that meeting is null and void, the judicial review is granted, and the ballots from the February 11, 2016 trustee election are to be counted pursuant to the prior injunction order.

Court Disposition

Application granted; election resolution quashed; ballots to be counted; no costs awarded

Orders

  • Style of cause amended to remove Peguis First Nation as an Applicant and to list Cynthia Spence and Glennis Sutherland as Applicants and Mary Tyler Bear, Darlene Bird and Wade Sutherland as Respondents
  • The Application is granted