Henry v. Roseau River Anishinabe First Nation

Henry v. Roseau River Anishinabe First Nation

Interpreting the RRAFN Election Act purposively to protect free and fair elections, 'corrupt practice' and 'criminal' conduct must be read to include vote buying; however, on the facts as found by the neutral Electoral Officer the candidate did not intend to buy the elector's vote and the preponderance of evidence did not establish bribery, therefore the election appeal is dismissed.

Citation
2017 FC 1038
Parties
Applicant Elected Chief and Council Member: Kenneth Henry Jr.; Applicant Elected Chief and Council Member: Gary Roberts; Applicant Elected Chief and Council Member (also Separately Granted Standing): Cecil James; Applicant Elected Chief and Council Member: Evelyn Alexander; Respondent Custom Council: THE ROSEAU RIVER ANISHINABE FIRST NATION CUSTOM COUNCIL; Respondent Custom Council Member: Sherelyn Hayden; Respondent Custom Council Member: Goloria Antoine; Respondent Custom Council Member: Heather Littlejohn; Respondent Custom Council Member: Gladys Nelson; Respondent Custom Council Member: Rodney Patrick; Respondent Custom Council Member: Frank Paual; Respondent Custom Council Member: Martha Laroque; Respondent Custom Council Member: Grace Smit H; Respondent Custom Council Member: Charlie Nelson; Respondent Custom Council Member: Edward Smith; Respondent Custom Council Member: Bernie Henry; Respondent Custom Council Member: Lorraine Edwards
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 November 2017
Procedural Posture
Election Appeal / Judicial Review of First Nation Governance / Final Disposition Reasons for Order Dismissing Appeal (may 16, 2016; Reasons Issued Nov 15, 2017)
Outcome
Election appeal dismissed
Legal Topics
Vote Buying, Custom Election Act Interpretation, Assessors and Dispute Resolution, Evidence Assessment, Consent Orders
Source Language
English
Indigenous Law Administrative Law Election Law Judicial Review Vote Buying Custom Election Act Interpretation Assessors and Dispute Resolution Evidence Assessment +1 more

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Parties

Kenneth Henry Jr.

Applicant Elected Chief and Council Member

Gary Roberts

Applicant Elected Chief and Council Member

Cecil James

Applicant Elected Chief and Council Member (also Separately Granted Standing)

Evelyn Alexander

Applicant Elected Chief and Council Member

THE ROSEAU RIVER ANISHINABE FIRST NATION CUSTOM COUNCIL

Respondent Custom Council

Sherelyn Hayden

Respondent Custom Council Member

Goloria Antoine

Respondent Custom Council Member

Heather Littlejohn

Respondent Custom Council Member

Gladys Nelson

Respondent Custom Council Member

Rodney Patrick

Respondent Custom Council Member

Frank Paual

Respondent Custom Council Member

Martha Laroque

Respondent Custom Council Member

Grace Smit H

Respondent Custom Council Member

Charlie Nelson

Respondent Custom Council Member

Edward Smith

Respondent Custom Council Member

Bernie Henry

Respondent Custom Council Member

Lorraine Edwards

Respondent Custom Council Member

Procedural Posture

Election Appeal / Judicial Review of First Nation Governance / Final Disposition Reasons for Order Dismissing Appeal (may 16, 2016; Reasons Issued Nov 15, 2017)

Legal Issues

  1. 1 Whether vote buying constitutes a valid ground of appeal under the RRAFN Election Act
  2. 2 Whether the facts as found establish that a candidate bought an elector's vote
  3. 3 Proper interpretive approach to First Nation custom election legislation and scope of 'criminal' or 'corrupt practice' in that Act

Ratio Decidendi

Interpreting the RRAFN Election Act purposively to protect free and fair elections, 'corrupt practice' and 'criminal' conduct must be read to include vote buying; however, on the facts as found by the neutral Electoral Officer the candidate did not intend to buy the elector's vote and the preponderance of evidence did not establish bribery, therefore the election appeal is dismissed.

Court Disposition

Election appeal dismissed

Orders

  • May 16, 2016 Order dismissing the election appeal
  • February 16, 2015 Consent Order appointing Co-Electoral Officers and referral mechanism to the Court