| Citation: |
Metansinine v. Animbiigoo Zaagi’igan Anishinaabek First Nation, 2011 FC 17, [2011] 1 F.C.R. D-13 |
T-1064-10 |
Aboriginal Peoples
Elections
Judicial review of decision to remove applicant as Chief of Animbiigoo Zaagi’igan Anishinaabek First Nation (AZA), concomitant election of Theresa Nelson (respondent)—AZA Master Policy stipulating that position on Band Council becoming vacant when official absent from three consecutive meetings without authorization (Article 8.1), that notice to be given in event of by-election (Article 7.1(i))—Applicant taking indefinite medical leave from Band duties—Band Council vacating position of Chief due to applicant’s absences from three previous meetings—Respondent elected Chief following by-election—Applicant never notified position as Chief in jeopardy—Whether decision to remove applicant, conduct by-election conforming with procedural fairness, election provisions of AZA Master Policy—Requirement to give notice of election to eligible voters fundamental to proper exercise of rights of electorate—Article 8.1 not providing for automatic removal from office upon proof of three unauthorized absences—Band Council permitted by Article 8.1 to excuse such absences—Nothing in AZA Master Policy to support argument Band Council can invoke Article 8.1 without notice to affected person—Application allowed.
Metansinine v. Animbiigoo Zaagi’igan Anishinaabek First Nation (T-1064-10, 2011 FC 17, Barnes J., judgment dated January 10, 2011, 14 pp.)