Sturgeon Lake Indian Band v. Canada ( Minister of Indian Affairs and Northern Development )
T-984-92
Jerome A.C.J.
31/8/93
7 pp.
Application for determination of question of law whether person not elector of Sturgeon Lake Indian Band eligible to be candidate for and may be elected as chief of Band -- Defendant Desjarlais elected as Chief of Band although neither elector within meaning of Indian Act, s. 2 nor member of Band or registered as Indian on Indian Register -- Chief of Band and councillors distinguished under Act, ss. 74 to 79 -- Parliament not intending to extend eligibility requirements applicable to councillors to candidate for chief -- Act, s. 74(3)(a)(i) providing effective safeguard against absurd results as chief of Band shall be elected by majority of votes of electors of Band -- Principles enunciated by S.C.C. and advanced by applicants would be violated if Act, s. 75 interpreted by Court so as to vitiate democratic will of electors of Band -- Question answered affirmatively -- Indian Act, R.S.C., 1985, c. I-5, ss. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 17, s. 1), 74, 75.