Heron v. Salt River First Nation No. 195

Heron v. Salt River First Nation No. 195

The Court dismissed SRFN's application as premature and for failure to obtain elector approval to commence litigation; the Chief's October 18, 2022 decision to call a Special Meeting under s.155 of the Election Code was reasonable; the October 13, 2022 Suspension Decision and the Subsequent Suspension Decisions were procedurally unfair and unreasonable and must be set aside; Chief Heron is entitled to remuneration she would have received but for the unlawful suspensions and awarded lump sum costs of $12,000.

Citation
2024 FC 413
Parties
Applicant in T 2206 22; Respondent in T 2191 22: Cecilia (Toni) Josephine Heron; Applicant in T 2191 22; Respondent in T 2206 22: Salt River First Nation No. 195
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 March 2024
Procedural Posture
Judicial Review / Final Judgment (judgment and Reasons)
Outcome
SRFN application (T-2191-22) dismissed as premature and for lack of elector approval; Chief Heron's application (T-2206-22) allowed in part; suspensions set aside; remediation awarded.
Legal Topics
Procedural Fairness, Reasonableness Review, Suspension of Elected Official, Removal From Office, Costs
Source Language
English
Indigenous Law Administrative Law Election Law Judicial Review Procedural Fairness Reasonableness Review Suspension of Elected Official Removal From Office +1 more

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Parties

Cecilia (Toni) Josephine Heron

Applicant in T 2206 22; Respondent in T 2191 22

Salt River First Nation No. 195

Applicant in T 2191 22; Respondent in T 2206 22

Procedural Posture

Judicial Review / Final Judgment (judgment and Reasons)

Legal Issues

  1. 1 Is the judicial review application of the October 18, 2022 decision premature?
  2. 2 Was the October 18, 2022 decision of the Chief reasonable?
  3. 3 Were the October 13, 2022 Suspension Decision and Subsequent Suspension Decisions procedurally fair?

Ratio Decidendi

The Court dismissed SRFN's application as premature and for failure to obtain elector approval to commence litigation; the Chief's October 18, 2022 decision to call a Special Meeting under s.155 of the Election Code was reasonable; the October 13, 2022 Suspension Decision and the Subsequent Suspension Decisions were procedurally unfair and unreasonable and must be set aside; Chief Heron is entitled to remuneration she would have received but for the unlawful suspensions and awarded lump sum costs of $12,000.

Court Disposition

SRFN application (T-2191-22) dismissed as premature and for lack of elector approval; Chief Heron's application (T-2206-22) allowed in part; suspensions set aside; remediation awarded.

Orders

  • The application for judicial review in T-2191-22 is dismissed.
  • The application for judicial review in T-2206-22 is allowed.