Thompson v. Leq’á:mel First Nation

Thompson v. Leq’á:mel First Nation

Sections 3.1(b) and 4.1(b) of the Leq’á:mel Election Regulations, which restrict eligibility to vote or stand for office to members residing within the Canadian Traditional Stó:lo Territory, discriminate on the analogous ground of aboriginality-residence and infringe s.15(1) of the Charter; the Respondent failed to...

Source-derived case information.

Citation
2007 FC 707
Parties
Applicant: Terry Randolph Thompson; Respondent: Leq'a:mel First Nation Council
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 July 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Paragraph 3.1(b) and 4.1(b) of the Leq’á:mel Election Regulations declared invalid under s.15(1) of the Charter; declaration suspended until August 1, 2008; section 24 of the Regulations not invalidated; March 31, 2006 election not set aside; costs to be determined by written motion.
Legal Topics
Charter S.15 Equality Rights, Section 1 Justification, Band Election Regulations, Off Reserve Voting Rights, Remedies and Declarations
Source Language
english
Constitutional Law Administrative Law Indigenous Law Human Rights Election Law Charter S.15 Equality Rights Section 1 Justification Band Election Regulations +2 more

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Parties

Terry Randolph Thompson

Applicant

Leq'a:mel First Nation Council

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Do sections 3.1(b) and 4.1(b) of the Leq’á:mel Election Regulations contravene s.15(1) of the Charter by requiring residence within the Canadian Traditional Stó:lo Territory to vote or stand for office?
  2. 2 If so, are those provisions justified under s.1 of the Charter?

Ratio Decidendi

Sections 3.1(b) and 4.1(b) of the Leq’á:mel Election Regulations, which restrict eligibility to vote or stand for office to members residing within the Canadian Traditional Stó:lo Territory, discriminate on the analogous ground of aboriginality-residence and infringe s.15(1) of the Charter; the Respondent failed to identify a sufficiently important objective or a rational connection under s.1 and thus the infringement is not justified; accordingly those provisions are declared invalid but the declaration is suspended until August 1, 2008 to permit amendment by the Band; the amendment procedure in s.24 was not struck down and the March 31, 2006 election was not set aside.

Court Disposition

Paragraph 3.1(b) and 4.1(b) of the Leq’á:mel Election Regulations declared invalid under s.15(1) of the Charter; declaration suspended until August 1, 2008; section 24 of the Regulations not invalidated; March 31, 2006 election not set aside; costs to be determined by written motion.

Orders

  • Declare paragraph 3.1(b) and 4.1(b) of the Leq’á:mel Election Regulations invalid as contrary to s.15(1) of the Charter
  • Suspend operation of that declaration until August 1, 2008