KURT BURNSTICK v. CHIEF GEORGE ARCAND JR. ET AL
BURNSTICK, KURT
Law Firm / Organization
Hladun & Company
Lawyer(s)

Michael J. Marchen

ARCAND, CHIEF GEORGE (JR)
Law Firm / Organization
Gowling WLG (Canada) LLP
COUNCIL OF ALEXANDER FIRST NATION
Law Firm / Organization
Gowling WLG (Canada) LLP
On June 28, 2023, the Alexander First Nation's [AFN] customary election regulations from 1987 were replaced by the Alexander First Nation Kipohtakaw Election Law, following a ratification vote. The new law was set to govern the upcoming AFN general election on September 25, 2023. On July 21, 2023, Kurt Burnstick, a former AFN chief, filed an application for judicial review against AFN’s Chief and Council. He contended that the Election Law was invalidly enacted, citing that a previous regulation required a petition signed by 51% of the AFN electors for any amendment - a procedure that was undisputedly not followed. The Respondents argued that the election code could be changed with community consensus, even if it meant altering previously established written customs. The court heard the matter on September 18, 2023. Evidence indicated that the alteration of the election code followed a community-driven, inclusive, and transparent process, ending with a majority of AFN members approving the changes. This reform aimed to address an outdated on-reserve voting residency requirement, aligning with a Supreme Court of Canada mandate and giving off-reserve members voting rights. The Court decided not to intervene, ruling that the Respondents made no reviewable error in implementing the new Election Law. The process was thorough, involving community feedback and culminating in a referendum. The application was dismissed, and the Applicant was ordered to pay the Respondents $4,000.00 for costs, including disbursements and taxes.
Federal Court
T-1524-23
Aboriginal law
$ 4,000
Respondent
21 July 2023