ABORIGINAL PEOPLES
Elections
Judicial review of declaration by Minister of Indian and Northern Affairs and of subsequent Order in Council—Applicants allegedly engaged in vote‑buying during election process—RCMP conducting investigation in connection with June 13, 2005 election—Not advising applicants of investigation nor attempting to interview applicants during course thereof—Statutory scheme permitting Minister to conduct investigation without assistance of investigator designated under Indian Band Elections Regulations, C.R.C., c. 952, s. 13(2)—Applicants entitled to important level of procedural fairness, in light of finality of Minister's decision, importance of decision—Applicants' right to procedural fairness violated by Minister's failure to disclose results of investigation, to provide applicants with opportunity to respond—Application allowed.
Ross v. Canada (T‑2049‑06, 2007 FC 499, Blais J., judgment dated 11/5/07, 31 pp.)