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The Federal Court dismissed an injunction to stop the Long Plain First Nation election, finding no irreparable harm and awarding costs to the respondents.
Federal Court quashed a First Nation Housing Director’s residency decision, found procedural unfairness, ordered mandamus to issue a residency letter, and directed a new chief election.
The Federal Court held that the April 26, 2023 declaration removing Nekaneet’s government was invalid because the constitutional 60-day appointment period had not expired.
The Court agreed with the Federal Court that the Election Committee's decision was unreasonable and procedurally unfair; therefore the appeal is dismissed and the Federal Court's order quashing the decision and its costs award is confirmed.
Source excerpt
Federal Court allowed judicial review of an Indigenous election appeal board decision, finding a breach of procedural fairness and setting the decision aside.
Judicial review of a First Nation election appeal decision succeeded because the board failed to give notice to the applicant and to the electoral officer.
The Federal Court refused solicitor-client costs but awarded Samantha Whalen a $40,000 lump sum after she succeeded in judicial review of her suspension as councillor.
The Federal Court found all four respondents in contempt for breaching a consent order governing Kehewin Cree Nation council conduct and meetings.
The Federal Court dismissed an application for an interim injunction to stop a Fort McKay First Nation election date set for April 5, 2011.
The Federal Court dismissed a judicial review of a First Nation election appeal committee decision, finding no legal error and no unreasonable fact-finding on the evidence before it.
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