Aboriginal Peoples
Elections
Judicial review of decision by Indian band removing applicant as band councillor—Applicant challenging process of removal from office on basis respondents failing to comply with requirements of Custom Election Code, process followed breaching duty of fairness—Applicant removed from office following allegations of misconduct—Voting requirements established by Code, Art. 7 met—Sufficient quorum present, vote overwhelmingly supporting applicant’s removal from office—One hundred and eighty nine voting members of band living off-reserve—Deficiencies in distribution of notice to off-reserve members aggravated by lack of meaningful content provided—Concern for fairness critical in context of recall provision such as one used here— Deficiencies constituting breach of duty of fairness owed to applicant—However, balancing of interests not favouring grant of discretionary relief—Even though process followed deficient, applicant receiving only one vote of support from fifty-eight votes cast at meeting of electors—Matters of public interest weighing against granting of relief requested—Application dismissed.
Seymour v. Anishinaabeg of Naongashiing (T-230-08, 2009 FC 133, Barnes J., judgment dated February 10, 2009, 14 pp.)