NATIVE PEOPLES |
Elections |
Sturgeon Lake Cree Nation (Non-Resident Members) v. Sturgeon Lake Cree Nation
T-690-01
2002 FCT 130, Dawson J.
4/2/02
10 p.
Motion for order for leave to amend notice of application, or for order granting leave to file second application for judicial review, in order to raise issue of eligibility of some of candidates to run for office as chief or band councillor of Sturgeon Lake Cree Nation--Existing application for judicial review challenging electoral officer's decision that applicant and other non-resident band members not eligible to vote in Band council election as not residing on reserve--Motion to amend dismissed--Applicant seeking to attack two different decisions made by two different decision-making bodies: one went to qualification of voters, other to qualification of candidates--One decision made by electoral officer, other by election appeal committee--While discretion in Court to waive adherence to requirement that application for judicial review should be limited to single order, inappropriate herein to exercise discretion where different decisions by different tribunals and different issues involved--Second, motion to amend brought well after time for challenging election appeal committee's decision confirming election--Third, Court not satisfied applicant had requisite continuing intent to raise issue, or that acted with diligence in raising it--Furthermore, Court not satisfied respondents will not be prejudiced if amendment allowed (uncertainty, increased expense)-- Alternate relief, namely commencement of fresh proceeding and consolidation, seeking indirectly what cannot be obtained directly--To extent leave sought to file second application, application out of time--In order to be granted extension of time, applicant must show due diligence--Here, Court not satisfied applicant had necessary intent to challenge decision within time prescribed, or that he pursued issue with diligence --Respondents will be prejudiced if extension granted.