- Parties: The applicant was Shannon Brass. The respondents were Clinton Key and the Key First Nation.

- Subject Matter: The applicant, a candidate for the Key First Nation’s elections, filed an application under s. 31 of the First Nations Elections Act, 2014. The applicant contested the election of Clinton Key as Chief of the First Nation. Key had four votes more than Clarence Papequash and 12 votes more than the applicant. An issue in this case was what would constitute “a contravention of a provision of this Act or the regulations [that] is likely to have affected the result” under s. 31 of the First Nations Elections Act.

- Ruling: The court ruled in the respondent’s favour and dismissed the application. The court concluded it should not exercise its discretion under s. 35 of the First Nations Elections Act to set aside the contested election. The court held that the applicant failed to prove that the magnitude of the Chief’s electoral misconduct reached the level in the cases of Papequash v Brass, 2018 FC 325 and Wuttunee v Whitford, 2023 FCA 18. The court added that other relevant considerations developed in the case of Whitford v Chakita, 2023 FCA 17 favoured the conclusion that the court should exercise its discretion against setting aside the election.

- Date: The hearing was set on June 15, 2023. The court released its decision on Feb. 26, 2024.

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

- Amount: No financial award was specified.