Wilson v. Meeches
Election Appeal Committee of Long Plain First Nation
Law Firm / Organization
Chornopyski Law
Law Firm / Organization
Tapper Cuddy LLP
Lawyer(s)

Joe D. Caligiuri

Overview

  • Case Type: Motion for an injunction related to Long Plain First Nation election.
  • Successful Party: Respondents (David Meeches, Garnet Meeches, Marvin Daniels).
  • Total Amount Awarded: $5,000 in costs to the respondents.

Background

  • Kyra Wilson sought a stay on a scheduled election pending judicial review of a decision by the Long Plain Election Appeal Committee.
  • The committee’s decision favored a new election following an appeal by David Meeches against Wilson's election as Chief in April 2022.

Court's Findings

  1. Serious Issue: Acknowledged by the Court.
  2. Irreparable Harm: Not established by the applicants.
  3. Balance of Convenience: Not fully addressed due to the failure to establish irreparable harm.

Decision

  • Injunction Motion Dismissed: The Court found no irreparable harm and noted the democratic process had already commenced.
  • Costs: Respondents awarded $5,000 for the injunction motion.

Implications

  • Highlights complexities in First Nation election disputes.
  • Underlines legal standards for injunctions in electoral contexts.
  • Balances individual claims with democratic processes and public interest.
Federal Court
T-2442-23
Aboriginal law
$ 5,000
Respondent
20 November 2023