Applicant
Respondent
- Parties: The applicants were the Nekaneet First Nation, Chief Carolyn Wahobin, Councillor Roberta Francis, and Councillor Christine Mosquito. The respondents were Alena Louison, Councillor Wesley Daniel, and Shauna Buffalocalf.
- Subject Matter: A declaration – issued under s. 8.07 of the Nekaneet Constitution on Apr. 26, 2023 and signed by 148 Nekaneet members – stated that the failure to appoint members of the Nekaneet Appeal Body breached the Nekaneet Constitution, that the Government of Nekaneet First Nation should be removed from office, and that a general election would be called for June 2, 2023. The applicants, who were recently elected to the Nekaneet Government, applied for judicial review of the declaration purporting to remove them and to call a new general election. The applicants sought interlocutory and interim relief to enjoin the holding of the nomination meeting and election.
- Ruling: The court ruled in the respondents’ favour and granted the judicial review application. The court held that the declaration had no force or effect. The court found it unreasonable to conclude that this case met the conditions for making the declaration. The court noted that the Nekaneet Government had 60 days to make appointments to the Nekaneet Appeal Body and that this delay had not expired when the declaration was made.
- Date: The hearing was set on June 20, 2023. The court released its decision on June 26, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
Court
Federal CourtCase Number
T-904-23Practice Area
Aboriginal lawAmount
$ 0Winner
RespondentTrial Start Date
28 April 2023Download documents