Applicant
Respondent
- Parties: The applicant was Gail Collins. The respondent was the Saddle Lake Cree Nation #462.
- Subject Matter: The applicant sought judicial review of the electoral process of the Saddle Lake Cree Nation #462 (SLCN #462) and the Saddle Lake Cree Nation #125(SLCN #125), specifically the Election Officer’s decision to deny her the right to vote. She also sought a declaration that a voting prohibition was constitutionally invalid as it breached s. 15 of the Canadian Charter of Rights and Freedoms and could not be saved under s. 1.
- Ruling: The court ruled in the applicant’s favour and allowed the judicial review application. The Election Officer’s decision was unreasonable because it failed to represent a proportionate balancing between the Charter rights and the object of the Election Regulations, the court determined. The Charter applied to SLCN #462/SLCN #125’s leadership selection process as stated in the Election Regulations, the court held. The Voting Prohibition went against s. 15(1) of the Charter and could not be saved by s. 1, the court said. Section 25 of the Charter could shield the voting prohibition because it was not a custom of the band, the court added.
- Date: The hearing was set on Feb. 21, 2023. The court released its decision on Nov. 24, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the applicant lump sum costs, payable forthwith by the respondent, in the amount of $20,000, inclusive of disbursements and taxes.
Court
Federal CourtCase Number
T-1153-22Practice Area
Intellectual propertyAmount
$ 20,000Winner
ApplicantTrial Start Date
06 June 2022Download documents