Applicant
Respondent
- Parties: The applicant was Jeanie Marie-Jewell. The respondent was the Salt River First Nation #195.
- Subject Matter: After an accounting firm’s investigation in May 2014, the respondent determined that the applicant owed it overpayments relating to travel expenses and remuneration. In July 2014, the applicant received an invoice for $73,493.32. A June 30, 2019 invoice showed that this amount increased to $131,897.60 due to interest. The applicant disputed the alleged indebtedness. On June 30, 2022, the respondent’s Band Council issued a decision finding the applicant ineligible to run as a candidate for Chief in the Sept. 19, 2022 election due to the alleged indebtedness. The applicant sought judicial review.
- Ruling: The court ruled in the applicant’s favour, allowed the judicial review application, and remitted the matter to the Band Council for a re-determination. The court held that it had jurisdiction to determine the judicial review application of the June 30, 2022 decision. The court found the decision unreasonable in light of the record. The court concluded that the respondent’s determinative error was its failure to entirely consider a Dec. 5, 2019 letter from former Chief David Poitras. The court saw no need to address the parties’ submissions concerning alleged procedural fairness breaches.
- Date: The hearing was set on Aug. 16, 2023. The court released its decision on Feb. 7, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court granted the applicant costs.
Court
Federal CourtCase Number
T-1562-22Practice Area
Aboriginal lawAmount
$ 0Winner
ApplicantTrial Start Date
28 July 2022