Aboriginal Peoples
Elections
Application for judicial review and writ of quo warranto concerning respondents’ right to hold office as band council of Nekaneet—Two separate elections, each according to different custom, creating two distinct councils—Applicants elected under new Referendum Band Custom (made up of Nekaneet Constitution, Nekaneet Governance Act)—Respondents, supporters boycotting process, holding own elections, organizing petition to undermine consensus reflected in referendum vote—Issue whether Referendum Band Custom adopted by, acceptable to, broad consensus of band and as such, replacing, Nekaneet customs under which respondents elected—Petition not indicator of consensus, not having value of will, understanding of people—Court having to look at political rather than legal legitimacy of consensus on band custom—Rules of governance at Nekaneet should be decided by First Nation as whole—Respondents guided by self-interest in status quo, whereas applicants’ purpose to ascertain will of Nekaneet people—Referendum vote result of fair, open election—Sufficient information provided prior to vote, allowing consensus to emerge—Clear majority voting in favour of Referendum Band Custom—Writ of quo warranto granted.
Pahtayken v. Oakes (T-999-08, 2009 FC 134, Russell J., judgment dated February 10, 2009, 42 pp.)