NATIVE PEOPLES |
Elections |
Salt River First Nation 195 v. Marie
T-2007-02
2003 FCT 670, Rouleau J.
29/5/03
19 pp.
Judicial review of November 2002 election at special meeting held by number of band members whereby applicants, duly elected councillors of Salt River First Nation 195 (SRFN), purportedly terminated in their office as band councillors--Applicants seek declaration, certiorari, injunction to re-establish status quo ante--SRFN chief, councillors elected by custom, not subject to orders under Indian Act, s. 74 or Indian Band Elections Regulations-- Application allowed--Unequivocal evidence SRFN had well-defined election custom in place--Evidence herein custom practices not followed at purported election of November 2002--Furthermore, highly unusual election occurred at meeting in which no more than 50 or 60 of over 500 electors actually present--Election conducted in manner inconsistent with pre-existing custom will, therefore, be invalid unless proof that pre-existing custom has been changed by broad consensus of band--No evidence here of broad consensus of SRFN to change election custom--Election custom not required to be codified or written in any form--Custom can be established by unwritten election practices followed consistently in prior elections without complaint from band members--Customary electoral practices of SRFN cannot be changed on ad hoc basis at meeting held without notice that proposal to change electoral custom to be discussed--Not only was purported election of respondents not conducted in accordance with election customs of SRFN, entire process breached most fundamental principles of natural justice and fairness--Imperative that reasonable notice be given to members of First Nation of election of its leaders--Where notice not given, effect is to disenfranchise electors not at place of election at relevant time--Therefore, purported removal of applicants from office as councillors of SRFN at meeting of November 2002 void and of no effect--Election of respondents equally void and of no effect--Applicants and Norman Starr duly elected councillors of SRFN--No jurisdiction, in context of judicial review application, to enjoin Jeannie Marie Jewell from entering offices or other buildings of SRFN--Freeze of various trust, bank accounts maintained until expiry of appeal period--Indian Act, R.S.C., 1985, c. I-5, s. 74--Indian Band Election Regulations, C.R.C., c. 952.