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Federal Court dismissed a challenge to the 2022 Key First Nation election, finding no proven breach of nomination rules, no likely effect on the result, and no evidence of disqualifying conviction.
La Cour fédérale a accueilli le contrôle judiciaire et a annulé deux décisions électorales de Whitefish Lake First Nation #128, les jugeant contraires à la Charte.
Judicial review of a First Nation election appeal was dismissed. The Court upheld reliance on CFO certification for candidate eligibility, found polling-place changes customary, and rejected the fairness challenge.
The court set aside KSCS’s April 21, 2021 election after finding bylaw irregularities in registrations, a $10,000 presidential fee, candidate rejection, and acclamation of 39 directors.
The Federal Court refused interim relief in a judicial review over election eligibility, finding no irreparable harm and an incomplete record for mandatory relief.
Judicial review of a First Nation election appeal decision was dismissed. The Court held the challenge to a candidate’s eligibility was time-barred and the Board’s alternative reasoning was reasonable.
The Federal Court allowed judicial review of an election appeal board decision, finding it unreasonable to decline jurisdiction without considering confirmed candidacy and possible non-candidate appeal rights.
The Federal Court granted Cowessess First Nation’s judicial review, finding standing, procedural unfairness on one eligibility issue, and unreasonableness on the debt finding.
The electoral officer's March 22 decision constituted the final decision on the candidate's provisional eligibility; the appellant had knowledge of that decision by March 23 and therefore had 30 days from that date to file for judicial review under s.18.1(2) of the Federal Courts Act; the appellant filed on June 12, well beyond the limitation period and without leave, so the application was time‑barred and the appeal is dismissed.
Source excerpt
The Federal Court quashed Saddle Lake Cree Nation’s removal of four nominees from the chief and council ballot and sent eligibility back for redetermination.
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