NATIVE PEOPLES |
Elections |
Samson Indian Band v. Cutknife
T-956-02
2003 FCT 721, Martineau J.
10/6/03
12 pp.
Applicants seeking order quashing Samson Election Appeal Board decision ordering new election to be held for 12 positions of councillor for Samson Cree Nation; declaration no breach or violation of Samson Cree Nation Election Law, s. 31 respecting any of candidates who stood for election to Council--Issue whether Board could decide electoral officer did not have authority to give 24-hour extension to submit fees, photos, criminal records as required by s. 31-- Application allowed; declaration granted--Standard of review applicable to questions of law, to decision from non-expert tribunal that of correctness--Simon v. Samson Cree Nation (2001), 205 F.T.R. 49 (F.C.T.D.) applied: electoral officer had authority to grant extension under Election Law, s. 16--Board did not correctly interpret Election Law, s. 31; its strict interpretation of this provision patently unreasonable as inconsistent with object and purpose of Election Law; ignores broad authority of Electoral Supervisor under Election Law, s. 16 "to conduct the entire administration and process of the election" and wrong in law--Ordering of new election of 12 councillor positions herein would not only be waste of Samson Cree Nation's resources and waste of time and money of people who must be nominated as candidates to run in new election but would also be completely and inordinately out of proportion to alleged violation of s. 31.