Wolfe v. Ermineskin
T-1943-98
MacKay J.
10/12/99
12 pp.
Application for judicial review of decision of returning officer of Ermineskin First Nation and others concerning election of that First Nation in September 1998-Quo warranto, mandamus sought in effect disqualifying respondent John Ermineskin from nomination and subsequent election-Applicant alleging evidence of vote buying by respondent brought to attention of returning officer of Ermineskin First Nation in advance of November 1997 election but no action taken in relation to evidence-Respondent not elected as councillor at 1997 election-Respondent candidate in September 1998-No objection raised to respondent's candidacy at nomination meeting, at which returning officer presided-Applicant raised issue with returning officer by telephone and letter shortly before election-When question raised before Elections Appeal Board, latter declined to hear matter-Chief and several councillors refused to take action when applicant requested emergency meeting to discuss postponement of election scheduled for following day-Respondent elected councillor for Ermineskin First Nation-Elections herein conducted under customary law of Ermineskin First Nation-Application dismissed-Member of general public, or in this case of the Ermineskin First Nation, not differently or more adversely affected than other members of public or of First Nation, by election of particular candidate or office, has no special interest standing to question exercise of office by one who is elected, at least where alternative process for questioning election or elected person's qualifications for office-Here, alternative process available under Ermineskin Tribal Election Regulations, by candidate raising appeal within 14 days of election-Court's discretion herein better exercised by refusing quo warranto and in effect supporting process established by custom of Ermineskin First Nation-Unnecessary to finally resolve whether in September 1998, returning officer, chief and council erred in decisions made in relation to applicant's request-Difficult to conclude that at time requests made, either had authority to determine respondent's qualifications-They were presumably well aware Regulations provided for appeals by candidates following election, to be determined by special board, created to deal exclusively with election appeals-With respect to mandamus, returning officer did not owe duty to applicant at time applicant requested review of respondent's candidacy for election-Returning officer did not have clear duty after nomination meeting to investigate and decide qualifications of one duly nominated at meeting-Chief and council did not owe public duty to call emergency meeting to consider postponing election.