NATIVE PEOPLES |
Elections |
Paul v. Alexander First Nations (Council)
T-1712-02
2003 FCT 118, Dawson J.
4/2/03
18 pp.
Motion for interlocutory order restraining chief and council from making any operational or financial decision pending new election--Applicant asking Court to consider allegations of election corruption previously considered by Appeal Board and to give effect to elector's petition by declaring offices of chief and three councillors vacant--Whether interlocutory injunctive relief should be granted on basis of alleged corrupt election practices-- Applicant failed to meet onus of showing inconvenience and harm likely to be suffered from refusal to grant interlocutory injunction greater than inconvenience and harm likely to be suffered by Alexander First Nations-- Balance of convenience not favouring granting of injunctive relief--Whether interlocutory relief should be granted on basis of petition of electors--Applicant seeking remedies of quo warranto and mandamus--However, such remedies final by nature, and therefore not available on interim or interlocutory basis-- Faced with this difficulty, applicant seeking declaratory relief and remedies of quo warranto and certiorari on final basis-- Any effort seeking quo warranto and certiorari on basis of existing elector's petition will be unsuccessful for two reasons --First, wording of petition insufficient to invoke art. 33 of Alexander Tribal Government Customary Election Regulations because nowhere stated in petition that signatories of opinion individual respondents unfit to continue in office by reason of any specific conduct--Second, recourse cannot be had to art. 33 to attack collaterally results of appeal hearing conducted by Appeal Board pursuant to arts. 29 to 31--Motion dismissed.