Pelican Lake Band Appeal Board v. Abbott
Because the 2001 band council's term expired and a new election occurred, the dispute no longer presented a live controversy; the appeal was therefore dismissed as moot and not entertained.
Source-derived case information.
- Citation
- 2004 FCA 379
- Parties
- Appellant: THE PELICAN LAKE BAND APPEAL BOARD; Respondent: HARVEY ABBOTT; Respondent: EDWARD BILL; Respondent: JIMMY BILL
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 November 2004
- Procedural Posture
- Appeal / Appeal Dismissed for Mootness (final Disposition)
- Outcome
- Appeal dismissed for mootness
- Legal Topics
- Mootness, Band Council Election Validity, Justiciability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
THE PELICAN LAKE BAND APPEAL BOARD
Appellant
HARVEY ABBOTT
Respondent
EDWARD BILL
Respondent
JIMMY BILL
Respondent
Procedural Posture
Appeal / Appeal Dismissed for Mootness (final Disposition)
Legal Issues
- 1 Whether the appeal was moot
- 2 Whether the court should dismiss the appeal for mootness due to a subsequent election rendering the issue non‑justiciable
Ratio Decidendi
Because the 2001 band council's term expired and a new election occurred, the dispute no longer presented a live controversy; the appeal was therefore dismissed as moot and not entertained.
Court Disposition
Appeal dismissed for mootness
Orders
- Appeal dismissed as moot.
- There shall be no costs.
Full Case Text
Judgment text and source record
1 paragraphs
Pelican Lake Band Appeal Board v. Abbott Court (s) Database Federal Court of Appeal Decisions Date 2004-11-09 Neutral citation 2004 FCA 379 File numbers A-198-03 Decision Content Date: 20041109 Docket: A-198-03 Citation: 2004 FCA 379 CORAM: DESJARDINS J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THE PELICAN LAKE BAND APPEAL BOARD (hereinafter "the Board") Appellant and HARVEY ABBOTT, EDWARD BILL & JIMMY BILL Respondents Heard at Saskatoon, Saskatchewan, on November 9, 2004. Judgment delivered from the Bench at Saskatoon, Saskatchewan, on November 9, 2004. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20041109 Docket: A-198-03 Citation: 2004 FCA 379 CORAM: DESJARDINS J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THE PELICAN LAKE BAND APPEAL BOARD (hereinafter "the Board") Appellant and HARVEY ABBOTT, EDWARD BILL & JIMMY BILL Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Saskatoon, Saskatchewan, on November 9, 2004) DESJARDINS J.A. [1] We understand from the appellant that this matter is now moot, considering that the validity of the 2001 band council election is no more at issue since the 3-year term of office of the band council has now expired, and that another band council election has been held on March 5, 2004. To pursue the present appeal would serve no useful purpose. [2] This appeal will therefore be dismissed for mootness. There shall be no costs. (s) "Alice Desjardins" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-198-03 STYLE OF CAUSE: THE PELICAN LAKE BAND APPEAL BOARD ET AL v. HARVEY ABBOTT ET AL PLACE OF HEARING: SASKATOON, SASKATCHEWAN DATE OF HEARING: NOVEMBER 9, 2004 REASONS FOR JUDGMENT : DESJARDINS, J.A. CONCURRED IN BY: EVANS, J.A. PELLETIER, J.A. DATED: NOVEMBER 9, 2004 APPEARANCES: Mr. Anil Pandial FOR THE APPELLANT No one appearing FOR THE RESPONDENTS SOLICITORS OF RECORD: Pandial & Co. Prince Albert Saskatchewan FOR THE APPELLANT Harvey Abbott, Edward Bill & Jimmy Bill FOR THE RESPONDENTS Meadow Lake Saskatchewan