Whitstone v. Onion Lake Cree Nation
DARRYL W. WHITSTONE
Law Firm / Organization
Independent
Lawyer(s)

Denis Callihoo

DELORES CHIEF
Law Firm / Organization
Independent
Lawyer(s)

Denis Callihoo

ONION LAKE CREE NATION
Law Firm / Organization
Witten LLP
Lawyer(s)

Keltie L. Lambert

FLORENCE BLOIS
Law Firm / Organization
Nigro Manucci LLP
Lawyer(s)

Arman Chak

- Parties: The appellants were Darryl W. Whitstone and Delores Chief. The respondents were Onion Lake Cree Nation and Florence Blois.

- Subject Matter: Upon a challenge brought by Florence Blois, the Onion Lake Cree Nation Appeals Tribunal nullified the June 18, 2018 elections of the appellants to four-year terms as Onikaniwak (Councillors) of the Onion Lake Cree Nation. The Tribunal ruled that Delores Chief was not qualified as a candidate because of monetary obligations contravening s. 10.6(c) of the Wicekaskosiw Sakahikan Wiyaskonitowin Wiyasiwewin Onion Lake Election Law. The Tribunal also found that Darryl Whitstone violated s. 5.1(e) of the election law, which required candidates to campaign “ethically, focusing on political issues and candidate platforms, instead of engaging in libel and slander.” The appellant applied for judicial review. The Federal Court dismissed their judicial review application.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal as moot as there was no longer a live controversy among the parties. A June 2022 election resulted in a new Council so the court could no longer restore the Councillor positions from which the appellants were removed, the appeal court explained. The appeal court then refused to exercise its discretion to hear the appeal despite its mootness.

- Date: The hearing was set on Apr. 19, 2023. The court released its decision on June 26, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-80-22
Aboriginal law
$ 0
Respondent
11 April 2022