Corbière v. Canada ( Minister of Indian and Northern Affairs )
A-578-93
Stone J.A.
4/12/96
6 pp.
Motion for order staying F.C.A.'s judgment-Judgment declaring words "and is ordinarily resident on the reserve" in Indian Act, s. 77(1) to be of no force and effect as relating to election of Band's chief and councillors because they contravene rights enshrined in Canadian Charter of Rights and Freedoms, s. 15(1)-Band as moving party must bring itself within three-stage test for interlocutory relief-Charter issues satisfy "serious question" branch of test-Serious question element of test low one-Issues to be advanced neither frivolous nor vexatious-Band would suffer financial damage amounting to irreparable harm if judgment not stayed-311 Band members residing on reserves-Judgment would entitle additional 1,108 Band members residing off reserves to vote for election of chief and Band councillors-Potential for new council, chief to be elected by new voters rather than by Band members residing on reserves creating uncertainty, confusion-Balance of convenience favouring Band-Motion to stay judgment granted until S.C.C. disposes of intended application for leave to appeal-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15(1)-Indian Act, R.S.C., 1985, c. I-5, s. 77(1).