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The court declined to compel or declare a breach over a Coquitlam by-election dispute, finding no practical utility in relief so close to the general election.
The Federal Court found all four respondents in contempt for breaching a consent order governing Kehewin Cree Nation council conduct and meetings.
Applying ejusdem generis to the definition of 'local board', the Court held the Audit Committee and the Standards Committee are adjudicative/investigative bodies that do not provide the municipal services integral to the entities listed in s.1(1); therefore they are not 'local boards' and the Ombudsman had no jurisdiction under s.14.1 to investigate their compliance with s.239.
Source excerpt
The Court of Appeal for British Columbia granted BCCLA leave to intervene in an appeal challenging s. 239 of the Elections Act, limiting participation to a 12-page factum.
The Court of Appeal set aside an order compelling journalist Elaine O'Connor to identify a confidential source at discovery in a defamation action.
The Federal Court allowed judicial review of a Cree Nation election appeal decision, set it aside, and ordered a hearing because the refusal was unreasonable.
Application to dismiss a defamation counterclaim against Mark Allan Marissen was dismissed because further evidence from Elaine O'Connor could affect credibility and the issues were not ready for summary determination.
The court held that statements about John Shavluk were defamatory, but the defendants succeeded on qualified privilege and responsible communication. The conspiracy claim failed.
The court held the referendum on membership in the Canadian Federation of Students was governed by the Federation’s by-laws and dismissed the petition to invalidate the result.
The Court of Appeal upheld s. 329 of the Canada Elections Act, finding the publication ban on election results justified under s. 1 and restoring the conviction.
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