Bird v. Peter Ballantyne Cree Nation

Bird v. Peter Ballantyne Cree Nation

The Decision was set aside because the PBCN Council of Elders breached the Applicant’s right to procedural fairness by failing to provide advance notice of the complaint, refusing a copy of the complaint and denying a fair opportunity to prepare and respond, and because the Council acted outside its mandate under the PBCN Election Code by proceeding without the petition signed by 15% of electors required to initiate a complaint against the Chief; accordingly the removal decision was unreasonable.

Citation
2023 FC 229
Parties
Applicant Elected Chief of Peter Ballantyne Cree Nation: Karen Bird; Respondent Indigenous Band: Peter Ballantyne Cree Nation; Respondents Governing Bodies Whose Decision Is Under Review: Peter Ballantyne Cree Nation Band Council and Peter Ballantyne Cree Nation Council of Elders
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 February 2023
Procedural Posture
Judicial Review / Judicial Review of Council of Elders' Removal Decision; Judgment Setting Aside Decision
Outcome
Judicial review granted; Decision of the PBCN Council of Elders dated May 10, 2022 set aside
Legal Topics
Procedural Fairness, Tribunal Jurisdiction and Mandate, Election Code Compliance, Removal From Office, Costs
Source Language
English
Administrative Law Indigenous Law Election Law Judicial Review Procedural Fairness Tribunal Jurisdiction and Mandate Election Code Compliance Removal From Office +1 more

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Parties

Karen Bird

Applicant Elected Chief of Peter Ballantyne Cree Nation

Peter Ballantyne Cree Nation

Respondent Indigenous Band

Peter Ballantyne Cree Nation Band Council and Peter Ballantyne Cree Nation Council of Elders

Respondents Governing Bodies Whose Decision Is Under Review

Procedural Posture

Judicial Review / Judicial Review of Council of Elders' Removal Decision; Judgment Setting Aside Decision

Legal Issues

  1. 1 Whether the PBCN Council of Elders breached procedural fairness in removing the elected Chief
  2. 2 Whether the PBCN Election Code required a petition signed by 15% of electors to initiate a complaint against the Chief
  3. 3 Whether the Council of Elders acted within its mandate under the Election Code

Ratio Decidendi

The Decision was set aside because the PBCN Council of Elders breached the Applicant’s right to procedural fairness by failing to provide advance notice of the complaint, refusing a copy of the complaint and denying a fair opportunity to prepare and respond, and because the Council acted outside its mandate under the PBCN Election Code by proceeding without the petition signed by 15% of electors required to initiate a complaint against the Chief; accordingly the removal decision was unreasonable.

Court Disposition

Judicial review granted; Decision of the PBCN Council of Elders dated May 10, 2022 set aside

Orders

  • The Decision of the PBCN Council of Elders dated May 10, 2022 is set aside.
  • The style of cause is amended to name only the entities of Peter Ballantyne Cree Nation, the Peter Ballantyne Cree Nation Band Council, and the Peter Ballantyne Cree Nation Council of Elders.