| Citation: |
Dennis v. Adams Lake Indian Band (Community Panel), 2011 FCA 37 , [2011] 1 F.C.R. D-13 |
A-55-10 |
Aboriginal Peoples
Elections
Appeal, cross-appeal from Federal Court judgment (2010 FC 62) holding that appellant (Adams Lake Indian Band Community Panel) losing legal authority to decide certain election appeals since resignation of single member depriving appellant of five-person quorum—Elections in Band regulated by Adams Lake Secwepemc election rules—Rules requiring that Community Panel of five persons govern proceedings held to dispute election results—Respondent, others appealing against election results, alleging irregularities, improprieties—Community Panel completing adjudicative process before losing quorum—All that was left to do was to formally signify decision—Election rules requiring that five persons on Community Panel “decide” appeals—No formal signification required in writing—As such, strong argument to be made that quorum herein not lost—When deliberations ended, voting began, all five members reaching decision on merits of appeals—However, because this point not raised by parties, Court declining to rule on it definitively—Appeal allowed on basis that, even if Community Panel losing legal authority to dismiss election appeals, as discretionary matter its decisions should not have been quashed—MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2, [2010] 1 S.C.R. 6 providing guidance about power of reviewing court not to quash administrative body’s decision despite existence of grounds for doing so—Broadest range of practical factors must be considered, legal error or non-complaince not to be given undue weight—Federal Court not giving weight to all relevant considerations; legal quorum requirement not necessarily predominating—Considerations such as resigning member’s motives, cost of redoing appeals against needs of Band, impracticality of redoing appeals must be weighed—Even if Community Panel losing quorum, discretion to dismiss application for judicial review under Federal Courts Act, R.S.C, 1985, c. F-7, s. 18.1(3) exercised in present case in accordance with principles in MiningWatch Canada—Appeal allowed, cross-appeal dismissed.
Dennis v. Adams Lake Indian Band (Community Panel) (A-55-10, 2011 FCA 37, Stratas J.A., judgment dated February 2, 2011, 16 pp.)