Ominayak v. Returning Officer for the Lubicon Lake Indian Nation Election

Ominayak v. Returning Officer for the Lubicon Lake Indian Nation Election

The Chief Electoral Officer erred by disqualifying individuals from voting on April 25, 1999 solely because they were parties to a 1996 Federal Court action and refused to sign affidavits renouncing that action, by failing to apply the Membership Code process (including using the membership list and membership hearings) and by applying an irrelevant criterion (renunciation of litigation); however, the court declined to quash the 1999 election result due to excessive delay, potential disruption and public interest, and instead quashed only the Chief Electoral Officer's declarations of ineligibility based on the court action/affidavit requirement.

Citation
2003 FCT 596
Parties
Applicants (plaintiffs): Michael Ominayak et al.; Respondent (returning Officer): Sharon Venne; Respondents (defendants): Chief and Council of the Lubicon Lake Indian Nation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 May 2003
Procedural Posture
Judicial Review Election Dispute / Decision (reasons for Order)
Outcome
Decision quashing the Chief Electoral Officer's determinations disqualifying individuals from voting solely because they were parties to the 1996 Federal Court proceedings and refused to sign renunciation affidavits; election result not quashed.
Legal Topics
Voter Eligibility, Procedural Fairness, Bias, Custom or Membership Rules, Remedies
Source Language
English
Administrative Law Indigenous Law Election Law Public Law Voter Eligibility Procedural Fairness Bias Custom or Membership Rules +1 more

Case Brief

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Parties

Michael Ominayak et al.

Applicants (plaintiffs)

Sharon Venne

Respondent (returning Officer)

Chief and Council of the Lubicon Lake Indian Nation

Respondents (defendants)

Procedural Posture

Judicial Review Election Dispute / Decision (reasons for Order)

Legal Issues

  1. 1 Whether applicants are misusing the Court process/standing
  2. 2 Whether the Chief Electoral Officer improperly disqualified qualified voters
  3. 3 Whether the Chief Electoral Officer improperly allowed non-qualified persons to vote

Ratio Decidendi

The Chief Electoral Officer erred by disqualifying individuals from voting on April 25, 1999 solely because they were parties to a 1996 Federal Court action and refused to sign affidavits renouncing that action, by failing to apply the Membership Code process (including using the membership list and membership hearings) and by applying an irrelevant criterion (renunciation of litigation); however, the court declined to quash the 1999 election result due to excessive delay, potential disruption and public interest, and instead quashed only the Chief Electoral Officer's declarations of ineligibility based on the court action/affidavit requirement.

Court Disposition

Decision quashing the Chief Electoral Officer's determinations disqualifying individuals from voting solely because they were parties to the 1996 Federal Court proceedings and refused to sign renunciation affidavits; election result not quashed.

Orders

  • Quash the decision of the Chief Electoral Officer declaring individuals ineligible to vote in the April 25, 1999 Lubicon election on the ground that they were parties to the 1996 proceedings and refused to sign affidavits dissociating themselves from that action
  • No order quashing the April 25, 1999 election result