Background:

• Appellants: Mary Linda Whitford and Alicia Moosomin, RPFN members.
• Respondents: Jason Chakita, Mandy Cuthand, Lux Benson, Dana Falcon, Henry Gardipy, Samuel Wuttunee, Shawn Wuttunee, and RPFN.
• Issue: Challenging the 2020 election results for RPFN’s Chief and Councillors, alleging serious electoral fraud and FNEA violations.

Federal Court Findings:

• Six respondents committed serious electoral fraud, including vote-buying.
• Annulled elections of Chief Clinton Wuttunee and Councillor Gary Nicotine due to serious fraud.
• Did not annul other Councillors' elections, concluding their misconduct didn’t warrant voter disenfranchisement.

Appeal:

• Filed by Whitford and Moosomin: Argued that all elections tainted by serious fraud should be annulled to maintain integrity.
• Arguments:
  • Federal Court should have annulled all elections involving fraud.
  • Allowing individuals guilty of fraud to retain office undermines electoral integrity.
  • Emphasized "public interest" in a fair electoral process.

Federal Court of Appeal Decision:

• Outcome: Appeal dismissed.
• Reasons:
  • The Federal Court had discretion to decide on annulments.
  • Balanced the seriousness of misconduct with voter disenfranchisement.
  • Decision aligned with FNEA, allowing judicial discretion in annulling elections.

Costs:

• Awarded: $1,000 against Whitford and Moosomin, payable to the Other Councillors and RPFN.
• Considerations:
  • Despite public interest, appellants were liable for costs due to unsuccessful appeal.

Key Points:

• Serious fraud was established, but the court limited annulments based on discretion.
• Emphasis on electoral integrity was acknowledged but did not change the annulment scope.