INJUNCTIONS |
Hayden v. Roseau River Anishinabe First Nation Custom Council Members
T-285-01
2001 FCT 787, Muldoon J.
11/7/01
13 pp.
Motion by applicants for interlocutory injunction to prevent respondents from assuming role of Chief, Council of Roseau River Anishinabe First Nation--Applicants former Chief, Council of Roseau River Anishinabe Indian Band, band of Ojibway persons in Southern Manitoba--Custom Council representing each family's interests--On January 4, 2001, Custom Council received request to amend Election Act by family representative--On January 29, 2001 Electoral Officer called election--On February 26, 2001, Gibson J. dismissed motion filed by applicants for interlocutory injunction to prevent election--Respondents elected on March 2, 2001--Respondents submitting matter resolved on February 26, 2001 when Gibson J. refused to issue interlocutory injunction to stop election--By refusing to grant interlocutory injunction, Gibson J. must be taken to have understood election would proceed, winners would take office--Gibson J.'s decision final--Hansen J. permitting applicants to add Chief-elect, Council as respondent parties--Application not becoming first request for relief against new parties--Merely adding names of those who won election not altering fact commonality of interests existed between respondents--Newly added respondents, as candidates in election, directly affected by outcome of February 26, 2001 hearing, therefore privies of original respondents--Principle of res judicata applying to motion for interlocutory injunction--Applicants failing to discharge burden of demonstrating new evidence would have affected Gibson J.'s decision to refuse to grant injunction--Evidence of irreparable harm speculative--No new evidence causing Gibson J.'s decision to refuse original motion for interlocutory injunction to be varied, reversed--Application dismissed--Canada Elections Act, R.S.C., 1985, c. E-2.