Innu Council of Pessamit v. St-Onge
Applying the reasonableness standard, the Court concluded the Council's resolution could not reasonably be found to reflect the broad consensus required under the 1994 Code; therefore the 2015 Code could not validly govern the August 17, 2016 election and the resolution was set aside.
Source-derived case information.
- Citation
- 2019 FCA 13
- Parties
- Appellant: THE INNU COUNCIL OF PESSAMIT; Appellant: RENÉ SIMON; Appellant: ÉRIC CANAPÉ; Appellant: GÉRALD HERVIEUX; Appellant: DIANE RIVERIN; Appellant: JEAN-NOËL RIVERIN; Appellant: RAYMOND ROUSSELOT; Appellant: MARIELLE VACHON; Respondent: JÉRÔME BACON ST-ONGE
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2019
- Procedural Posture
- Appeal / Judgment on Appeal (final Disposition)
- Outcome
- Appeal dismissed
- Legal Topics
- Standard of Review, Custom Election Code, Band Governance, Consensus Requirement, Judicial Review of Resolutions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE INNU COUNCIL OF PESSAMIT
Appellant
RENÉ SIMON
Appellant
ÉRIC CANAPÉ
Appellant
GÉRALD HERVIEUX
Appellant
DIANE RIVERIN
Appellant
JEAN-NOËL RIVERIN
Appellant
RAYMOND ROUSSELOT
Appellant
MARIELLE VACHON
Appellant
JÉRÔME BACON ST-ONGE
Respondent
Procedural Posture
Appeal / Judgment on Appeal (final Disposition)
Legal Issues
- 1 What standard of review applies to the Council's resolution?
- 2 Was the 2015 Code validly adopted by resolution to govern the August 17, 2016 election?
- 3 Whether broad consensus was required under Chapter 9 of the 1994 Code to amend the election code?
Ratio Decidendi
Applying the reasonableness standard, the Court concluded the Council's resolution could not reasonably be found to reflect the broad consensus required under the 1994 Code; therefore the 2015 Code could not validly govern the August 17, 2016 election and the resolution was set aside.
Court Disposition
Appeal dismissed
Orders
- Resolution of the Innu Council of Pessamit set aside
- Appeal dismissed with costs assessed at the mid-point of column III
Full Case Text
Judgment text and source record
1 paragraphs
Innu Council of Pessamit v. St-Onge Court (s) Database Federal Court of Appeal Decisions Date 2019-01-23 Neutral citation 2019 FCA 13 File numbers A-42-18 Decision Content Date: 20190123 Docket: A-42-18 Citation: 2019 FCA 13 [ENGLISH TRANSLATION] CORAM: GAUTHIER J.A. BOIVIN J.A. GLEASON J.A. BETWEEN: THE INNU COUNCIL OF PESSAMIT, RENÉ SIMON, ÉRIC CANAPÉ, GÉRALD HERVIEUX, DIANE RIVERIN, JEAN-NOËL RIVERIN, RAYMOND ROUSSELOT, MARIELLE VACHON Appellants and JÉRÔME BACON ST-ONGE Respondent Heard at Québec, Quebec, on January 23, 2019. Judgment delivered from the Bench at Québec, Quebec, on January 23, 2019. REASONS FOR JUDGMENT OF THE COURT BY: GLEASON J.A. Date: 20190123 Docket: A-42-18 Citation: 2019 FCA 13 CORAM: GAUTHIER J.A. BOIVIN J.A. GLEASON J.A. BETWEEN: THE INNU COUNCIL OF PESSAMIT, RENÉ SIMON, ÉRIC CANAPÉ, GÉRALD HERVIEUX, DIANE RIVERIN, JEAN-NOËL RIVERIN, RAYMOND ROUSSELOT, MARIELLE VACHON Appellants and JÉRÔME BACON ST-ONGE Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Québec, Quebec, on January 23, 2019.) GLEASON J.A. [1] We are of the opinion that this appeal must fail. [2] In this case, the reasonableness standard applies. [3] Like Justice St-Louis of the Federal Court, we conclude that the resolution of the Innu Council of Pessamit must be set aside and that the 2015 Code cannot validly govern the election held on August 17, 2016. Further, even if we accepted the appellants’ argument that the Council was entitled to amend the 2015 Code by way of resolution, despite the adoption of Chapter 9 of the 1994 Code codifying the Band’s custom, such amendment could not be made, as the appellants admit, without broad consensus within the Band. Despite the eloquent oral submissions of counsel for the appellants, we do not believe, that, in the instant case based on the evidence in the record, the Council could reasonably conclude that the adoption of the 2015 Code reflected such consensus. [4] The appeal will therefore be dismissed, with costs, set at the mid-point of column III since this case does not justify costs on a solicitor-and-client basis or on a higher scale than usual. “Mary J.L. Gleason” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-42-18 STYLE OF CAUSE: THE INNU COUNCIL OF PESSAMIT, RENÉ SIMON, ÉRIC CANAPÉ, GÉRALD HERVIEUX, DIANE RIVERIN, JEAN-NOËL RIVERIN, RAYMOND ROUSSELOT, MARIELLE VACHON v. JÉRÔME BACON ST-ONGE PLACE OF HEARING: Québec, Quebec DATE OF HEARING: January 23, 2019 REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. BOIVIN J.A. GLEASON J.A. DELIVERED FROM THE BENCH BY: GLEASON J.A. APPEARANCES: Kenneth Gauthier FOR THE APPELLANTS François Boulianne FOR THE RESPONDENT SOLICITORS OF RECORD: Kenneth Gauthier, Lawyer Baie-Comeau, Quebec FOR THE APPELLANTS Neashish & Champoux, LLP Wendake, Quebec FOR THE RESPONDENT