Applicant
Respondent
- Parties: The applicant was Salt River First Nation No. 195. The respondent was Cecilia (Toni) Josephine Heron.
- Subject Matter: The applicant sought judicial review of the respondent’s Oct. 13, 2022 decision purporting to exercise the chief’s powers to call a special meeting to remove councillors Brad Laviolette and Kendra Bourke from office under s. 156 of the Election Code. In the consolidated proceedings, the respondent also sought judicial review of the applicant’s Oct. 13, 2022 decision to suspend her from her position as chief for 60 days without pay.
- Ruling: The court ruled in the respondent’s favour, dismissed the judicial review application, and awarded the respondent remuneration for the salary that she would have received if she had not been suspended and if the suspension had not been extended every two months. The court found the judicial review application concerning the respondent’s Oct. 13, 2022 decision premature. The court determined that the applicant’s council failed to seek approval of its membership as required by the Election Code and that the applicant failed to follow the Election Code in bringing forward its application. Lastly, the court deemed the respondent’s decision reasonable even if the applicant had the authority to commence its application.
- Date: The hearing was set on Sept. 13, 2023. The court released its decision on Mar. 12, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the respondent lump sum costs in the amount of $12,000, payable by the applicant.
Court
Federal CourtCase Number
T-2191-22Practice Area
Aboriginal lawAmount
$ 12,000Winner
RespondentTrial Start Date
21 October 2022Download documents