Lameman v. Cardinal
T-2755-96
Gibson J.
10/11/97
22 pp.
Application for judicial review of Appeals Officer's decision setting aside election held by Beaver Lake First Nation in November 1996, directing chief and council holding office immediately before election remain in office pending results of new election, and directing new election be held in January 1997-Appeals Officer conducted limited investigation required by Beaver Lake Tribal Election Law, relying mainly on own observations on election day-Application for interlocutory relief allowed on December 27, 1996, prohibiting each of applicants and respondents from participating in any way in election for chief or councillor until further order of Court; declaring chief and councillors elected in November 1996 entitled to carry out powers and duties of respective offices-Appeal therefrom not heard yet-Application allowed-Appeals Officer public authority having duty of procedural fairness-In present case, duty of fairness minimal-Appeals officer had obligation to notify those most directly impacted by appeal, and provide them with opportunity to make representations to him in respect thereof-Investigation herein fell far short of meeting minimal duty of fairness, and judicial review application should be allowed-According to evidence, Appeals Officer did not err in law in deciding questionable practices constituted corrupt practice in connection with election-No basis in law upon which Court could substitute different decision for that of Appeals Officer-However, Appeals Officer acted without jurisdiction or beyond jurisdiction in ordering new election and declaring old chief and councillors to continue in office pending outcome of new election-Appeal referred back to Appeals Officer for reinvestigation and redetermination in accordance with Beaver Lake Tribal Election Law, Beaver Lake Customary Election Regulations and present reasons-Beaver Lake First Nation encouraged to resolve matters by and for itself-Court including procedure to govern Appeals Officer's reinvestigation and redetermination of election appeal.