Rabbitskin v. Big River First Nation

Rabbitskin v. Big River First Nation

Mandamus and specific performance were dismissed because the Applicant failed to prove a timely appeal under s.13 of the Election Act and therefore lacked the legal right necessary for prerogative relief; declaratory relief challenging the residency requirement was suspended for 12 months to allow the Band to convene a plebiscite to amend its Election Act consistent with s.15(1) and s.25 of the Charter, with the Court remaining seized and requiring tri-monthly status updates; costs of CAD 4,000 awarded to Applicant.

Citation
2025 FC 1336
Parties
Applicant: Ryan Rabbitskin; Respondent: Big River First Nation; Respondent (electoral Officer): Myrna O'Soup-Bushie
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 July 2025
Procedural Posture
Judicial Review Election Code Challenge / Decision on Application (oral Reasons; Written Reasons Issued)
Outcome
Declaratory relief suspended for 12 months to permit internal amendment process; application for mandamus/specific performance dismissed; Applicant awarded costs CAD 4,000; Court remains seized.
Legal Topics
Charter S.15 Equality, Mandamus, Specific Performance, Exhaustion of Internal Remedies, Deference to Indigenous Self Government
Source Language
English
Administrative Law Constitutional Law Indigenous Law Election Law Charter S.15 Equality Mandamus Specific Performance Exhaustion of Internal Remedies +1 more

Case Brief

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Parties

Ryan Rabbitskin

Applicant

Big River First Nation

Respondent

Myrna O'Soup-Bushie

Respondent (electoral Officer)

Procedural Posture

Judicial Review Election Code Challenge / Decision on Application (oral Reasons; Written Reasons Issued)

Legal Issues

  1. 1 Whether the residency requirement in the Big River Band Election Act violates s.15(1) of the Canadian Charter
  2. 2 Whether the Applicant is entitled to prerogative relief (mandamus or specific performance) requiring the Appeal Panel to review the election
  3. 3 Whether the Applicant's appeal was timely under s.13 of the Election Act

Ratio Decidendi

Mandamus and specific performance were dismissed because the Applicant failed to prove a timely appeal under s.13 of the Election Act and therefore lacked the legal right necessary for prerogative relief; declaratory relief challenging the residency requirement was suspended for 12 months to allow the Band to convene a plebiscite to amend its Election Act consistent with s.15(1) and s.25 of the Charter, with the Court remaining seized and requiring tri-monthly status updates; costs of CAD 4,000 awarded to Applicant.

Court Disposition

Declaratory relief suspended for 12 months to permit internal amendment process; application for mandamus/specific performance dismissed; Applicant awarded costs CAD 4,000; Court remains seized.

Orders

  • Declaratory relief in respect of definition of candidate suspended for 12 months to permit Big River First Nation to convene a plebiscite to amend the Big River Band Election Act consistent with s.15(1) and s.25 of the Charter
  • The Court shall remain seized of the matter