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The Federal Court quashed a Poundmaker Cree Nation election appeal tribunal decision for jurisdictional error, procedural unfairness, and reasonable apprehension of bias.
The stay and expedition motions were dismissed because the Federal Court's September 25, 2023 order had already been implemented by a reconstituted appeal committee on November 8, 2023, rendering the relief sought impossible and the application non‑arguable; the appropriate remedy to suspend the subsequently rendered Nov 8 decision is a stay motion in the Federal Court, not this Court.
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The Federal Court granted an interlocutory injunction, holding that the applicants raised a serious issue over whether a declaration removing their government was premature under the Nekaneet Constitution.
The Federal Court dismissed judicial review of an Onion Lake Cree Nation election appeal decision, finding the tribunal acted reasonably and owed deference.
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 Federal Court allowed judicial review of a Standing Buffalo Senate Council election appeal, quashed the decision, and remitted the appeal for redetermination.
The Federal Court of Appeal held that the application judge did not err in finding the Electoral Officer had acted unilaterally and that the Regulations do not authorize the Electoral Officer to screen out appeals; consequently the appeals must be remitted to the Appeal Committee for redetermination, but the Federal Court’s order excluding the Electoral Officer was set aside because the Regulations expressly entitle the Electoral Officer to chair and vote in Appeal Committee meetings, and subordinate legislation governs procedural rights.
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Judicial review of a First Nation election appeal was dismissed. The Court held the appeal committee could consider candidate eligibility and its decision was reasonable.
The Federal Court quashed a First Nation appeal board decision on a by-election, finding procedural fairness defects and remitting the matter to a newly constituted board.
The Federal Court found the Appeal Tribunal breached procedural fairness by participating in a candidate’s disqualification and then hearing the appeal.
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