Jean v. Swan River First Nation

Jean v. Swan River First Nation

The Court found the applicant raised a serious issue under s.15 but failed to establish clear and compelling irreparable harm and the balance of convenience favored allowing the ongoing election to proceed; therefore the interlocutory injunction was denied.

Source-derived case information.

Citation
2019 FC 804
Parties
Applicant: Shawna Jean; 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 — Interlocutory Injunction / Interlocutory Motion (preliminary Injunction Hearing)
Outcome
Motion dismissed; interlocutory injunction denied; dismissed without costs
Legal Topics
Charter S.15 Equality, Interlocutory Injunction, Residency Requirement for Band Elections, Customary Election Regulations
Source Language
english
Constitutional Law Administrative Law Indigenous Law Electoral Law Charter S.15 Equality Interlocutory Injunction Residency Requirement for Band Elections Customary Election Regulations

Source-derived case record

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Parties

Shawna Jean

Applicant

Swan River First Nation

Respondent

Swan River First Nation Chief and Council

Respondent

Procedural Posture

Judicial Review — Interlocutory Injunction / Interlocutory Motion (preliminary Injunction Hearing)

Legal Issues

  1. 1 Whether there is a serious issue to be tried that the SRFN residency requirement contravenes s.15 of the Charter
  2. 2 Whether the applicant will suffer irreparable harm if the June 14, 2019 election proceeds and whether the balance of convenience favors granting an interlocutory injunction

Ratio Decidendi

The Court found the applicant raised a serious issue under s.15 but failed to establish clear and compelling irreparable harm and the balance of convenience favored allowing the ongoing election to proceed; therefore the interlocutory injunction was 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.