Houle v. Swan River First Nation

Houle v. Swan River First Nation

Applicant established a serious issue on the Charter challenge but failed to prove irreparable harm and the balance of convenience favoured the respondents; therefore the interlocutory injunction to halt the election is denied.

Citation
2019 FC 803
Parties
Applicant: Robert Houle; Respondent: Swan River First Nation; Respondent: Swan River First Nation Chief and Council
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 June 2019
Procedural Posture
Judicial Review (charter Challenge to Band Election Code) / Motion for Interlocutory Injunction (pre Election)
Outcome
Motion dismissed; interlocutory injunction denied; dismissed without costs.
Legal Topics
Charter S.15 Equality, Interlocutory Injunction, Residency Requirement, Customary Election Regulations
Source Language
English
Constitutional Law Administrative Law Indigenous Law Electoral Law Charter S.15 Equality Interlocutory Injunction Residency Requirement Customary Election Regulations

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Parties

Robert Houle

Applicant

Swan River First Nation

Respondent

Swan River First Nation Chief and Council

Respondent

Procedural Posture

Judicial Review (charter Challenge to Band Election Code) / Motion for Interlocutory Injunction (pre Election)

Legal Issues

  1. 1 Whether the residency requirement in the SRFN Election Code violates s.15 of the Canadian Charter of Rights and Freedoms
  2. 2 Whether an interlocutory injunction should be granted to halt the SRFN election pending judicial review

Ratio Decidendi

Applicant established a serious issue on the Charter challenge but failed to prove irreparable harm and the balance of convenience favoured the respondents; therefore the interlocutory injunction to halt the election is denied.

Court Disposition

Motion dismissed; interlocutory injunction denied; dismissed without costs.

Orders

  • This Court orders that this Motion for an interlocutory injunction is dismissed without costs.